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 2025-06-19 1012 1990 104
1 UNITED STATES
STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

ONE HUNDRED FIRST CONGRESS

OF THE UNITED STATES OF AMERICA

1990

AND

PROCLAMATIONS

Volume 104

IN SIX PARTS

Part 1

PUBLIC LAWS 101–241 THROUGH 101–440

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1991

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

(6-part set; sold in sets only)

 CONTENTS Page List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–241 Through 101–440 3 Subject Index A1 Individual Index B1 List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–441 Through 101–508 1017 Subject Index A1 Individual Index B1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–509 Through 101–534 1389 Subject Index A1 Individual Index B1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–535 Through 101–623 2353 Subject Index A1 Individual Index B1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–624 Through 101–625 3359 Subject Index A1 Individual Index B1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxv List of Private Laws xxvii List of Concurrent Resolutions xxix List of Proclamations xxxi Public Laws 101–626 Through 101–650 4426 Private Laws 5141 Concurrent Resolutions 5151 Proclamations 5193 Subject Index A1 Individual Index B1 v LIST OF BILLS ENACTED INTO PUBLIC LAW THE ONE HUNDRED FIRST CONGRESS OF THE UNITED STATES SECOND SESSION, 1990 BILL PUBLIC LAW H.R. 7 101–392 H.R. 29 101–588 H.R. 76 101–364 H.R. 94 101–391 H.R. 150 101–249 H.R. 293 101–352 H.R. 435 101–434 H.R. 498 101–379 H.R. 644 101–306 H.R. 922 101–291 H.R. 971 101–435 H.R. 987 101–626 H.R. 996 101–589 H.R. 1011 101–286 H.R. 1028 101–332 H.R. 1048 101–275 H.R. 1101 101–397 H.R. 1159 101–365 H.R. 1199 101–366 H.R. 1243 101–425 H.R. 1396 101–550 H.R. 1463 101–551 H.R. 1465 101–380 H.R. 1472 101–292 H.R. 1594 101–382 H.R. 1602 101–590 H.R. 1608 101–445 H.R. 1622 101–318 H.R. 1677 101–437 H.R. 1805 101–303 H.R. 2006 101–644 H.R. 2061 101–627 H.R. 2174 101–398 H.R. 2281 101–250 H.R. 2331 101–524 H.R. 2334 101–278 H.R. 2372 101–426 H.R. 2419 101–571 H.R. 2497 101–552 H.R. 2514 101–335 H.R. 2570 101–628 H.R. 2692 101–268 H.R. 2742 101–254 H.R. 2749 101–257 H.R. 2761 101–404 H.R. 2809 101–436 H.R. 2840 101–591 H.R. 2843 101–344 H.R. 2844 101–337 H.R. 2890 101–297 H.R. 3000 101–592 H.R. 3007 101–421 H.R. 3045 101–553 H.R. 3046 101–319 H.R. 3048 101–353 H.R. 3069 101–554 H.R. 3086 101–376 H.R. 3095 101–629 H.R. 3248 101–377 H.R. 3265 101–396 H.R. 3310 101–555 H.R. 3311 101–259 H.R. 3338 101–593 H.R. 3386 101–500 H.R. 3468 101–443 H.R. 3545 101–320 H.R. 3562 101–535 H.R. 3656 101–572 H.R. 3657 101–432 H.R. 3703 101–630 H.R. 3787 101–452 H.R. 3789 101–645 H.R. 3792 101–246 H.R. 3802 101–283 H.R. 3834 101–321 H.R. 3840 101–522 H.R. 3888 101–479 H.R. 3897 101–422 H.R. 3910 101–305 H.R. 3911 101–534 H.R. 3952 101–243 H.R. 3961 101–304 H.R. 3968 101–274 H.R. 3977 101–594 H.R. 4009 101–595 H.R. 4010 101–255 H.R. 4035 101–367 H.R. 4090 101–536 H.R. 4099 101–270 H.R. 4107 101–573 H.R. 4111 101–498 H.R. 4151 101–501 H.R. 4174 101–474 H.R. 4238 101–502 H.R. 4252 101–333 H.R. 4273 101–368 H.R. 4279 101–453 H.R. 4299 101–537 H.R. 4314 101–369 H.R. 4323 101–596 H.R. 4404 101–302 H.R. 4487 101–597 H.R. 4501 101–399 H.R. 4522 101–446 H.R. 4525 101–334 H.R. 4559 101–621 H.R. 4567 101–631 H.R. 4593 101–447 H.R. 4612 101–311 H.R. 4630 101–556 H.R. 4637 101–293 H.R. 4721 101–598 H.R. 4739 101–510 H.R. 4757 101–462 H.R. 4758 101–438 H.R. 4773 101–409 H.R. 4790 101–354 H.R. 4793 101–574 H.R. 4808 101–575 H.R. 4834 101–632 H.R. 4872 101–363 H.R. 4888 101–599 H.R. 4962 101–406 H.R. 4985 101–448 H.R. 5004 101–538 H.R. 5007 101–545 H.R. 5019 101–514 H.R. 5021 101–515 vi H.R. 5070 101–449 H.R. 5075 101–322 H.R. 5112 101–557 H.R. 5113 101–558 H.R. 5114 101–513 H.R. 5131 101–370 H.R. 5140 101–600 H.R. 5144 101–523 H.R. 5149 101–330 H.R. 5158 101–507 H.R. 5209 101–493 H.R. 5229 101–516 H.R. 5237 101–601 H.R. 5241 101–509 H.R. 5257 101–517 H.R. 5264 101–622 H.R. 5268 101–506 H.R. 5275 101–525 H.R. 5308 101–602 H.R. 5311 101–518 H.R. 5313 101–519 H.R. 5316 101–650 H.R. 5350 101–350 H.R. 5367 101–503 H.R. 5390 101–646 H.R. 5399 101–520 H.R. 5409 101–546 H.R. 5419 101–559 H.R. 5428 101–633 H.R. 5432 101–351 H.R. 5433 101–539 H.R. 5482 101–526 H.R. 5497 101–603 H.R. 5507 101–560 H.R. 5567 101–623 H.R. 5579 101–475 H.R. 5641 101–428 H.R. 5643 101–416 H.R. 5667 101–561 H.R. 5687 101–576 H.R. 5702 101–527 H.R. 5708 101–562 H.R. 5725 101–407 H.R. 5732 101–604 H.R. 5747 101–402 H.R. 5749 101–480 H.R. 5755 101–405 H.R. 5759 101–521 H.R. 5769 101–512 H.R. 5794 101–504 H.R. 5796 101–578 H.R. 5803 101–511 H.R. 5871 101–577 H.R. 5872 101–540 H.R. 5909 101–605 H.R. 5933 101–494 H.J. Res. 82 101–241 H.J. Res. 149 101–247 H.J. Res. 214 101–463 H.J. Res. 398 101–417 H.J. Res. 453 101–294 H.J. Res. 467 101–355 H.J. Res. 469 101–413 H.J. Res. 482 101–418 H.J. Res. 490 101–295 H.J. Res. 500 101–267 H.J. Res. 515 101–371 H.J. Res. 516 101–310 H.J. Res. 518 101–464 H.J. Res. 519 101–481 H.J. Res. 520 101–505 H.J. Res. 525 101–528 H.J. Res. 546 101–287 H.J. Res. 548 101–346 H.J. Res. 553 101–280 H.J. Res. 554 101–372 H.J. Res. 555 101–323 H.J. Res. 562 101–563 H.J. Res. 566 101–482 H.J. Res. 568 101–385 H.J. Res. 575 101–315 H.J. Res. 577 101–343 H.J. Res. 587 101–483 H.J. Res. 591 101–342 H.J. Res. 599 101–331 H.J. Res. 602 101–439 H.J. Res. 603 101–414 H.J. Res. 606 101–579 H.J. Res. 625 101–345 H.J. Res. 627 101–373 H.J. Res. 649 101–541 H.J. Res. 652 101–564 H.J. Res. 655 101–403 H.J. Res. 657 101–565 H.J. Res. 666 101–412 H.J. Res. 667 101–529 H.J. Res. 669 101–532 H.J. Res. 673 101–547 H.J. Res. 677 101–444 H.J. Res. 681 101–461 H.J. Res. 682 101–466 H.J. Res. 687 101–467 S. 169 101–606 S. 247 101–440 S. 286 101–313 S. 303 101–648 S. 319 101–634 S. 358 101–649 S. 388 101–271 S. 459 101–580 S. 535 101–410 S. 555 101–607 S. 566 101–625 S. 580 101–542 S. 605 101–608 S. 639 101–566 S. 647 101–429 S. 666 101–378 S. 677 101–609 S. 830 101–441 S. 845 101–635 S. 933 101–336 S. 963 101–400 S. 993 101–298 S. 1016 101–253 S. 1046 101–356 S. 1091 101–260 S. 1096 101–277 S. 1230 101–430 S. 1430 101–610 S. 1485 101–288 S. 1511 101–433 S. 1521 101–263 S. 1524 101–357 S. 1543 101–358 S. 1630 101–549 S. 1738 101–419 S. 1747 101–484 S. 1756 101–543 S. 1805 101–567 S. 1813 101–272 S. 1824 101–476 S. 1846 101–301 S. 1853 101–296 S. 1859 101–636 S. 1875 101–359 S. 1890 101–530 S. 1893 101–637 S. 1931 101–581 S. 1939 101–638 S. 1949 101–273 S. 1974 101–431 S. 1999 101–324 S. 2017 101–454 S. 2056 101–582 S. 2059 101–485 S. 2075 101–408 S. 2088 101–383 S. 2124 101–328 S. 2151 101–269 S. 2167 101–477 S. 2203 101–486 S. 2205 101–401 S. 2231 101–262 S. 2240 101–381 S. 2287 101–611 S. 2300 101–300 S. 2437 101–442 S. 2461 101–374 S. 2516 101–533 S. 2533 101–281 S. 2540 101–455 vii S. 2566 101–612 S. 2588 101–420 S. 2597 101–386 S. 2628 101–639 S. 2700 101–312 S. 2737 101–495 S. 2740 101–640 S. 2753 101–496 S. 2789 101–614 S. 2806 101–427 S. 2830 101–624 S. 2846 101–499 S. 2857 101–613 S. 2930 101–583 S. 2936 101–615 S. 2946 101–616 S. 2952 101–360 S. 3012 101–641 S. 3032 101–487 S. 3033 101–384 S. 3046 101–456 S. 3062 101–531 S. 3069 101–617 S. 3084 101–618 S. 3091 101–478 S. 3127 101–457 S. 3155 101–411 S. 3156 101–548 S. 3176 101–619 S. 3187 101–584 S. 3215 101–568 S. 3216 101–488 S. 3237 101–585 S. 3266 101–647 S.J. Res. 57 101–423 S.J. Res. 75 101–339 S.J. Res. 77 101–347 S.J. Res. 103 101–244 S.J. Res. 130 101–245 S.J. Res. 153 101–284 S.J. Res. 158 101–465 S.J. Res. 181 101–424 S.J. Res. 186 101–248 S.J. Res. 190 101–266 S.J. Res. 206 101–620 S.J. Res. 217 101–242 S.J. Res. 224 101–289 S.J. Res. 227 101–251 S.J. Res. 229 101–261 S.J. Res. 230 101–285 S.J. Res. 231 101–307 S.J. Res. 236 101–282 S.J. Res. 237 101–258 S.J. Res. 241 101–290 S.J. Res. 242 101–276 S.J. Res. 243 101–256 S.J. Res. 245 101–314 S.J. Res. 246 101–317 S.J. Res. 248 101–375 S.J. Res. 250 101–264 S.J. Res. 251 101–309 S.J. Res. 256 101–348 S.J. Res. 257 101–252 S.J. Res. 258 101–279 S.J. Res. 264 101–316 S.J. Res. 266 101–265 S.J. Res. 267 101–308 S.J. Res. 270 101–468 S.J. Res. 271 101–325 S.J. Res. 275 101–299 S.J. Res. 276 101–338 S.J. Res. 278 101–329 S.J. Res. 279 101–390 S.J. Res. 281 101–340 S.J. Res. 285 101–387 S.J. Res. 289 101–388 S.J. Res. 293 101–489 S.J. Res. 296 101–361 S.J. Res. 301 101–415 S.J. Res. 302 101–586 S.J. Res. 304 101–450 S.J. Res. 307 101–490 S.J. Res. 309 101–389 S.J. Res. 313 101–393 S.J. Res. 315 101–326 S.J. Res. 316 101–349 S.J. Res. 317 101–451 S.J. Res. 318 101–569 S.J. Res. 320 101–327 S.J. Res. 323 101–469 S.J. Res. 324 101–491 S.J. Res. 329 101–642 S.J. Res. 331 101–394 S.J. Res. 333 101–395 S.J. Res. 339 101–341 S.J. Res. 342 101–458 S.J. Res. 343 101–362 S.J. Res. 346 101–459 S.J. Res. 347 101–470 S.J. Res. 349 101–460 S.J. Res. 351 101–471 S.J. Res. 353 101–492 S.J. Res. 357 101–587 S.J. Res. 362 101–472 S.J. Res. 364 101–643 S.J. Res. 366 101–473 S.J. Res. 369 101–570 S.J. Res. 375 101–544 S.J. Res. 388 101–497 ix LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME PUBLIC LAW 101–241 3 101–242 5 101–243 7 101–244 11 101–245 13 101–246 15 101–247 92 101–248 93 101–249 94 101–250 96 101–251 98 101–252 99 101–253 100 101–254 101 101–255 114 101–256 116 101–257 117 101–258 118 101–259 121 101–260 122 101–261 123 101–262 124x 101–263 125 101–264 126 101–265 128 101–266 129 101–267 130 101–268 132 101–269 133 101–270 134 101–271 135 101–272 137 101–273 138 101–274 139 101–275 140 101–276 142 101–277 143 101–278 147 101–279 148 101–280 149 101–281 164 101–282 167 101–283 168 101–284 169 101–285 170 101–286 171xi 101–287 177 101–288 178 101–289 182 101–290 183 101–291 184 101–292 185 101–293 192 101–294 193 101–295 195 101–296 197 101–297 200 101–298 201 101–299 204 101–300 205 101–301 206 101–302 213 101–303 250 101–304 252 101–305 253 101–306 260 101–307 262 101–308 263 101–309 264xii 101–310 266 101–311 267 101–312 271 101–313 272 101–314 281 101–315 282 101–316 284 101–317 285 101–318 287 101–319 290 101–320 292 101–321 293 101–322 295 101–323 299 101–324 300 101–325 302 101–326 304 101–327 306 101–328 308 101–329 310 101–330 311 101–331 312 101–332 313 101–333 316 101–334 318 101–335 319 101–336 327xiii 101–337 379 101–338 382 101–339 383 101–340 385 101–341 387 101–342 390 101–343 391 101–344 393 101–345 395 101–346 397 101–347 398 101–348 399 101–349 401 101–350 403 101–351 404 101–352 405 101–353 408 101–354 409 101–355 416 101–356 417 101–357 418 101–358 419 101–359 420 101–360 421 101–361 422 101–362 423 101–363 424xiv 101–364 428 101–365 429 101–366 430 101–367 445 101–368 446 101–369 448 101–370 451 101–371 453 101–372 454 101–373 455 101–374 456 101–375 460 101–376 461 101–377 464 101–378 468 101–379 473 101–380 484 101–381 576 101–382 629 101–383 727 101–384 737 101–385 738 101–386 739 101–387 741 101–388 742 101–389 744 101–390 745 101–391 747xv 101–392 753 101–393 844 101–394 845 101–395 847 101–396 848 101–397 852 101–398 855 101–399 860 101–400 861 101–401 863 101–402 866 101–403 867 101–404 875 101–405 878 101–406 879 101–407 882 101–408 883 101–409 885 101–410 890 101–411 893 101–412 894 101–413 898 101–414 899 101–415 900 101–416 902 101–417 904 101–418 906 101–419 907xvi 101–420 908 101–421 909 101–422 910 101–423 912 101–424 914 101–425 915 101–426 920 101–427 927 101–428 928 101–429 931 101–430 959 101–431 960 101–432 963 101–433 978 101–434 985 101–435 986 101–436 993 101–437 996 101–438 1001 101–439 1004 101–440 1006 101–441 1017 101–442 1019 101–443 1028 101–444 1030 101–445 1034 101–446 1045 101–447 1047 101–448 1049xvii 101–449 1050 101–450 1052 101–451 1053 101–452 1054 101–453 1058 101–454 1063 101–455 1067 101–456 1068 101–457 1069 101–458 1070 101–459 1071 101–460 1074 101–461 1075 101–462 1079 101–463 1080 101–464 1081 101–465 1082 101–466 1084 101–467 1086 101–468 1088 101–469 1090 101–470 1092 101–471 1093 101–472 1094 101–473 1096 101–474 1097xviii 101–475 1102 101–476 1103 101–477 1152 101–478 1157 101–479 1158 101–480 1160 101–481 1162 101–482 1163 101–483 1165 101–484 1167 101–485 1171 101–486 1174 101–487 1177 101–488 1178 101–489 1179 101–490 1180 101–491 1181 101–492 1182 101–493 1184 101–494 1185 101–495 1187 101–496 1191 101–497 1205 101–498 1207 101–499 1209 101–500 1213xix 101–501 1222 101–502 1285 101–503 1292 101–504 1298 101–505 1300 101–506 1315 101–507 1351 101–509 1389 101–510 1485 101–511 1856 101–512 1915 101–513 1979 101–514 2074 101–515 2101 101–516 2155 101–517 2190 101–518 2224 101–519 2240 101–520 2254 101–521 2287 101–522 2288 101–523 2297 101–524 2301 101–525 2305 101–526 2309 101–527 2311 101–528 2336 101–529 2337 101–530 2338 101–531 2341 101–532 2342xx 101–533 2344 101–534 2352 101–535 2353 101–536 2368 101–537 2370 101–538 2376 101–539 2377 101–540 2379 101–541 2380 101–542 2381 101–543 2389 101–544 2393 101–545 2394 101–546 2395 101–547 2396 101–548 2398 101–549 2399 101–550 2713 101–551 2733 101–552 2736 101–553 2749 101–554 2751 101–555 2758 101–556 2762 101–557 2766 101–558 2772 101–559 2774 101–560 2775xxi 101–561 2778 101–562 2780 101–563 2782 101–564 2783 101–565 2784 101–566 2797 101–567 2802 101–568 2804 101–569 2806 101–570 2807 101–571 2808 101–572 2810 101–573 2812 101–574 2814 101–575 2834 101–576 2838 101–577 2856 101–578 2858 101–579 2862 101–580 2863 101–581 2865 101–582 2867 101–583 2871 101–584 2872 101–585 2874 101–586 2876 101–587 2877 101–588 2879 101–589 2881 101–590 2915xxii 101–591 2931 101–592 2943 101–593 2954 101–594 2975 101–595 2979 101–596 3000 101–597 3013 101–598 3037 101–599 3038 101–600 3042 101–601 3048 101–602 3059 101–603 3065 101–604 3066 101–605 3089 101–606 3096 101–607 3105 101–608 3110 101–609 3125 101–610 3127 101–611 3188 101–612 3209 101–613 3224 101–614 3231 101–615 3244 101–616 3279 101–617 3287 101–618 3289 101–619 3325 101–620 3340 101–621 3342 101–622 3347 101–623 3350 101–624 3359 101–625 4079xxiii 101–626 4426 101–627 4436 101–628 4469 101–629 4511 101–630 4531 101–631 4569 101–632 4575 101–633 4577 101–634 4580 101–635 4583 101–636 4586 101–637 4589 101–638 4599 101–639 4600 101–640 4604 101–641 4654 101–642 4659 101–643 4661 101–644 4662 101–645 4673 101–646 4761 101–647 4789 101–648 4969 101–649 4978 101–650 5089 xxv LIST OF BILLS ENACTED INTO PRIVATE LAW THE ONE HUNDRED FIRST CONGRESS OF THE UNITED STATES SECOND SESSION, 1990 BILL PRIVATE LAW H.R. 756 101–3 H.R. 1230 101–13 H.R. 2961 101–9 H.R. 3298 101–16 H.R. 3642 101–14 H.R. 3791 101–12 S. 620 101–15 S. 1128 101–4 S. 1229 101–5 S. 1683 101–6 S. 1814 101–7 S. 2680 101–8 S. 3016 101–10 S. 3043 101–11 xxvii LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME PRIVATE LAW 101–3 5141 101–4 5141 101–5 5142 101–6 5142 101–7 5142 101–8 5143 101–9 5144 101–10 5145 101–11 5145 101–12 5146 101–13 5146 101–14 5147 101–15 5147 101–16 5148 xxix LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME CONCURRENT RESOLUTION H. Con. Res. 242 5151 H. Con. Res. 228 5151 H. Con. Res. 256 5151 H. Con. Res. 198 5152 H. Con. Res. 251 5152 H. Con. Res. 226 5153 S. Con. Res. 103 5153 S. Con. Res. 98 5154 H. Con. Res. 275 5154 H. Con. Res. 299 5155 H. Con. Res. 87 5155 S. Con. Res. 117 5157 H. Con. Res. 286 5157 H. Con. Res. 311 5158 S. Con. Res. 133 5158 H. Con. Res. 334 5158 H. Con. Res. 347 5159 H. Con. Res. 287 5159 H. Con. Res. 272 5160 H. Con. Res. 344 5161 S. Con. Res. 136 5161 S. Con. Res. 142 5162 S. Con. Res. 118 5162 H. Con. Res. 360 5162 H. Con. Res. 365 5163 H. Con. Res. 338 5163 H. Con. Res. 310 5163 S. Con. Res. 150 5181 H. Con. Res. 381 5181 H. Con. Res. 172 5182 S. Con. Res. 153 5183 S. Con. Res. 156 5184xxx S. Con. Res. 158 5185 H. Con. Res. 392 5187 H. Con. Res. 393 5189 H. Con. Res. 394 5190 H. Con. Res. 399 5190 xxxi LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME PROCLAMATION 6078 5193 6079 5194 6080 5195 6081 5196 6082 5197 6083 5199 6084 5200 6085 5201 6086 5203 6087 5204 6088 5205 6089 5206 6090 5207 6091 5209 6092 5210 6093 5211 6094 5213 6095 5214 6096 5215 6097 5216 6098 5218 6099 5219 6100 5221 6101 5222 6102 5224 6103 5225 6104 5226 6105 5228 6106 5229 6107 5231 6108 5232 6109 5233 6110 5234 6111 5235 6112 5236 6113 5237 6114 5238 6115 5240xxxii 6116 5241 6117 5243 6118 5244 6119 5245 6120 5247 6121 5249 6122 5250 6123 5252 6124 5267 6125 5268 6126 5270 6127 5271 6128 5272 6129 5273 6130 5274 6131 5275 6132 5276 6133 5277 6134 5278 6135 5280 6136 5281 6137 5282 6138 5283 6139 5285 6140 5286 6141 5288 6142 5289 6143 5301 6144 5302 6145 5303 6146 5305 6147 5306 6148 5307 6149 5308 6150 5309 6151 5310 6152 5314 6153 5319 6154 5320 6155 5321 6156 5322 6157 5323 6158 5324 6159 5325 6160 5327 6161 5328 6162 5329xxxiii 6163 5334 6164 5335 6165 5337 6166 5338 6167 5339 6168 5339 6169 5341 6170 5342 6171 5343 6172 5344 6173 5345 6174 5347 6175 5349 6176 5375 6177 5377 6178 5377 6179 5378 6180 5391 6181 5393 6182 5394 6183 5395 6184 5396 6185 5397 6186 5399 6187 5400 6188 5401 6189 5402 6190 5403 6191 5405 6192 5406 6193 5407 6194 5408 6195 5409 6196 5411 6197 5412 6198 5413 6199 5415 6200 5416 6201 5417 6202 5419 6203 5420 6204 5421 6205 5423 6206 5424 6207 5425 6208 5427 6209 5428 6210 5429xxxiv 6211 5430 6212 5431 6213 5432 6214 5434 6215 5435 6216 5436 6217 5438 6218 5439

PUBLIC LAWS

enacted during

SECOND SESSION OF THE ONE HUNDRED THIRD CONGRESS

of the

UNITED STATES OF AMERICA

 Begun and held at the City of Washington on Tuesday, January 23, 1990, adjourned sine die on Sunday, October 28, 1990. George Bush, President; Dan Quayle, Vice President; Thomas S. Foley, Speaker of the House of Representatives. Public Law 101–241: To designate February 8, 1990, as “National Women and Girls in Sports Day”. Public Law 241 Public Law 101–241 104 Stat. 3 1990-02-12 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 2025-06-19 101 public 104 STAT. 3 Public Law 101–241 101st Congress
Joint Resolution To designate February 8, 1990, as “National Women and Girls in Sports Day”.

Feb. 12, 1990

[H.J. Res. 82]

 Whereas women’s athletics is one of the most effective avenues available through which women of America may develop self-discipline, initiative, confidence, and leadership skills; Whereas sport and fitness activity contributes to emotional and physical well-being and women need strong bodies as well as strong minds; Whereas the history of women in sports is rich and long, but there has been little national recognition of the significance of women’s athletic achievements; Whereas the number of women in leadership positions of coaches, officials, and administrators has declined drastically over the last decade and there is a need to restore women to these positions to ensure a fair representation of women’s abilities and to provide role models for young female athletes; Whereas the bonds built between women through athletics help to break down the social barriers of racism and prejudice; Whereas the communication and cooperation skills learned through athletic experience play a key role in the athlete’s contributions at home, at work, and to society; Whereas women’s athletics has produced such winners as Flo Hyman, whose spirit, talent, and accomplishments distinguished her above others and exhibited for all of us the true meaning of fairness, determination, and team play; Whereas parents feel that sports are equally important for boys and girls and that sports and fitness activities provide important benefits to girls who participate; Whereas early motor-skill training and enjoyable experiences of physical activity strongly influence life-long habits of physical fitness; Whereas the performances of such female athletes as Jackie Joyner-Kersee, Florence Griffith Joyner, Bonnie Blair, Janet Evans, the United States Women’s Basketball Team and many others in the 1988 Olympic Games were a source of inspiration and pride to all of us; Whereas the athletic opportunities for male students at the collegiate and high school level remain significantly greater than those for female students; and Whereas the number of funded research projects focusing on the specific needs of women athletes is limited and the information provided by these projects is imperative to the health and performance of future women athletes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That February 8, 1990, is104 STAT. 4 hereby designated as “National Women and Girls in Sports Day”, and the President is authorized and requested to issue a proclamation calling upon local and State jurisdictions, appropriate Federal agencies, and the people of the United States to observe the day with appropriate ceremonies and activities.
Approved February 12, 1990.
LEGISLATIVE HISTORY—H.J. Res. 82 (S.J. Res. 32): CONGRESSIONAL RECORD:

Vol. 135 (1989): Feb. 28, S.J. Res. 32 considered and passed Senate.

Vol. 136 (1990): Jan. 31, H.J. Res. 82 considered and passed House.

Feb. 5, considered and passed Senate.

 Public Law 101–242: To designate the period commencing February 4, 1990, and ending February 10, 1990, and the period commencing February 3, 1991, and ending February 9, 1991, as “National Burn Awareness Week”. Public Law 242 Public Law 101–242 104 Stat. 5 1990-02-12 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 2025-06-19 101 public 104 STAT. 5 Public Law 101–242 101st Congress
Joint Resolution To designate the period commencing February 4, 1990, and ending February 10, 1990, and the period commencing February 3, 1991, and ending February 9, 1991, as “National Burn Awareness Week”.

Feb. 12, 1990

[S.J. Res. 217]

 Whereas the burn problem in the United States is one of the worst of any industrialized nation in the world; Whereas burn injuries are one of the leading causes of accidental death in the United States today; Whereas every year over 2,000,000 people are victims of some form of bum injury in the United States alone, and children account for between one-third and one-half of this total; Whereas of these injuries, over 70,000 are hospitalized and account for 9,000,000 disability days and $100,000,000 in costs annually; Whereas over 6,000 people die from bum injuries annually, and the rehabilitative and psychological impact of bums is devastating; Whereas young children are in the highest risk group suffering from hot liquid burns and injuries caused by child fire play and fire setting; Whereas older adults and the disabled are also at great risk and extremely susceptible to bum injuries; Whereas burn survivors often face years of costly reconstructive surgery and extensive physical and psychological rehabilitation in overcoming disabilities and fears of rejection by family members, friends, coworkers, schoolmates, and the public in general; Whereas it is estimated that approximately 75 percent of all bum injuries and deaths could be prevented by a comprehensive national educational and awareness campaign and by changes in the design and technology of homes and consumer products; Whereas a general public awareness of the need for smoke detectors and home fire escape plans, in combination with an understanding of the risk associated with items in the home environment, can cause a reduction of injuries and loss of life; and Whereas there is a need for an effective national program that deals with all aspects of bum injuries and on the prevention thereof: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the period commencing February 4, 1990, and ending February 10, 1990, and the period 104 STAT. 6 commencing February 3, 1991, and ending February 9, 1991, are designated as “National Burn Awareness Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States and all Federal, State, and local government officials to observe that week with appropriate programs and activities.
Approved February 12, 1990.
LEGISLATIVE HISTORY—S.J. Res. 217: CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 27, considered and passed Senate.

Vol. 136 (1990): Feb. 6, considered and passed House.

 Public Law 101–243: To authorize certain United States assistance and trade benefits for Panama, and for other purposes. Public Law 243 Public Law 101–243 104 Stat. 3 1990-02-14 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 2025-06-19 101 public 104 STAT. 7 Public Law 101–243 101st Congress
An Act To authorize certain United States assistance and trade benefits for Panama, and for other purposes.

Feb. 14, 1990

[H.R. 3952]

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

Urgent Assistance for Democracy in Panama Act of 1990.
SECTION 1. SHORT TITLE. This Act may be cited as the “Urgent Assistance for Democracy in Panama Act of 1990”.
<num value="I">TITLE I—</num> <heading>PANAMA</heading> <section> <num value="101">SEC. 101. </num> <heading>IMMEDIATE UNITED STATES ASSISTANCE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Economic Assistance Programs</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Authority to use funds for economic assistance</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>The President may use up to $32,000,000 of funds made available for economic assistance programs in order to provide economic assistance for Panama for fiscal year 1990 notwithstanding the provisions of law specified in subsection (c) of this section.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Deobligation/reobligation authority</inline>.—</heading> <content>Funds may be made available for use under subparagraph (A) without regard to the limitation in section 515 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), that funds deobligated under that section are available for reobligation only for countries within the same general region for which the funds were originally obligated.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Economic assistance defined</inline>.—</heading><content>As used in subparagraph (A), the term “economic assistance” means assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development and related economic assistance programs) and assistance under chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Authority to use certain guaranty authorities</inline>.—</heading> <chapeau>The President—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>may use up to $10,000,000 of the guaranty authority available to carry out section 222 of the Foreign Assistance Act of 1961 (22 U.S.C. 2182; relating to the housing guaranty program), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>may exercise the authorities of section 224 of that Act (22 U.S.C. 2184; relating to the trade credit insurance program for Central America),</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">with respect to Panama for fiscal year 1990 without regard to the provisions of law specified in subsection (c) of this section.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Law Enforcement Assistance</inline>.—</heading> <page identifier="/us/stat/104/8">104 STAT. 8</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Administration of justice program</inline>.—</heading> <chapeau>Up to $1,200,000 of the funds made available for Panama under subsection (a)(1) of this section may be used to provide—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>assistance authorized by subsection (b)(3) of section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c; relating to the administration of justice program); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>training for the Public Forces and other civilian law enforcement forces of Panama in human rights, civil law, and investigative and civilian law enforcement techniques, notwithstanding section 660 of that Act (22 U.S.C. 2420; relating to the prohibition on assistance for law enforcement forces).</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">All assistance provided for Panama under this paragraph shall be counted toward the limitation contained in the second sentence of section 534(e) of that Act and toward the requirement of the second sentence of section 599G(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167).</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Use of military assistance pipeline for panama to procure law enforcement equipment</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Authority</inline>.—</heading> <content>Prior year military assistance funds that are obligated for Panama shall be available to finance the procurement of defense articles by law enforcement forces in Panama and related defense services (other than training) notwithstanding the provisions of law specified in subsection (c) of this section and section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating to the prohibition on assistance for law enforcement forces).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Limitations on lethal equipment</inline>.—</heading> <content>Not more than $500,000 of the funds made available under subparagraph (A) may be used for the procurement of lethal equipment. Only lethal equipment that is appropriate for standard civilian law enforcement requirements may be procured with such funds.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Prior year military assistance funds defined</inline>.—</heading> <content>As used in subparagraph (A), the term “prior year military assistance funds” means funds that were appropriated for a fiscal year prior to fiscal year 1990 to carry out chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 and following; relating to the grant military assistance program) or section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to foreign military sales credits).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Congressional notification requirements</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Except as provided in subparagraph (B) of this paragraph, the President shall notify the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) in accordance with the procedures applicable to reprogrammings under that section at least 15 days before—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>each obligation of funds under paragraph (1) of this subsection, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>each commitment to use funds under paragraph (2) of this subsection.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading> <chapeau>Such notification is not required with respect to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>obligations under paragraph (1), and</content> </clause> <page identifier="/us/stat/104/9">104 STAT. 9</page> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>commitments to use funds under paragraph (2) for the procurement of uniforms and communications equipment (and related defense services),</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">that occur prior to the end of the 15-day period beginning on the date of enactment of this Act to the extent that such obligations or commitments, as the case may be, were previously justified to the Congress.</continuation> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Brooke-Alexander Amendment</inline>.—</heading> <content>The provisions of law referred to in subsections (a)(1), (a)(2), and (b)(2)(A) of this section are section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)); and section 518 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), and the corresponding sections of foreign assistance appropriations Acts for prior fiscal years.</content> </subsection> </section> <section> <num value="102">SEC. 102. </num> <heading>RESUMPTION OF UNITED STATES ASSISTANCE: ANTINARCOTICS CERTIFICATION REQUIREMENTS.</heading> <content>Because the vital national interests of the United States so require and because the Endara Government of Panama has indicated its willingness, and is taking steps, to cooperate fully with the United States to control narcotics production, trafficking, and money laundering, the requirements of paragraphs (1) and (5) of section 481(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(h)) shall cease to apply to Panama as of the date of enactment of this Act to the extent that those requirements became applicable to Panama by reason of the fact that the President did not make a certification with respect to Panama under paragraph (2) of that section at the time the international narcotics control strategy reports for 1988 and 1989 were submitted to the Congress pursuant to section 481(e) of that Act.</content> </section> <section> <num value="103">SEC. 103. </num> <heading>RESUMPTION OF TRADE BENEFITS: ANTINARCOTICS CERTIFICATION REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Resumption Upon Date of Enactment</inline>.—</heading> <content>Because the vital national interests of the United States so require and because the Endara Government of Panama has indicated its willingness, and is taking steps, to cooperate fully with the United States to control narcotics production, trafficking, and money laundering, the conditions specified in section 802(b)(4)(B) of the Narcotics Control Trade Act (19 U.S.C. 2492(b)(4)(B)) shall be deemed to be satisfied as of the date of enactment of this Act with respect to the action taken pursuant to section 802(a) of that Act that is described in subsection (b) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Specification of Benefits</inline>.—</heading><content>The action referred to in subsection (a) is the denial to articles imported from Panama of preferential tariff treatment under the Generalized System of Preferences (19 U.S.C. 2461 and following) and the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 and following) pursuant to Presidential Proclamation 5779 of March 23, 1988.</content> </subsection> </section> <section> <num value="104">SEC. 104. </num> <heading>REPORT ON PANAMANIAN BANK SECRECY LAWS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Congressional Concerns</inline>.—</heading> <content>The Congress commends the Endara Government for its cooperation and assistance in freezing Panamanian bank accounts believed to be implicated in narcotics-related and other illegal financial transactions. The Congress remains concerned, however, that the current status of bank secrecy<page identifier="/us/stat/104/10">104 STAT. 10</page> laws in Panama may lend itself to continued criminal abuse of those laws despite the best intentions of the Endara Government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">Report</inline>.—</heading> <chapeau>Therefore, no later than April 15, 1990, the President shall submit a detailed report to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate on specific actions being undertaken by the Government of Panama to modify the existing bank secrecy regime in order to facilitate detection and prosecution of criminal activities, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the modification of bank secrecy laws by the Government of Panama;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the conclusion of an exchange-of-information agreement between the United States and Panama; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>agreements entered into by the Government of Panama or in the process of negotiation that are designed to deter illegal financial transactions and to facilitate early detection and prosecution of such illegal activities.</content> </paragraph> </subsection> </section> <num value="II">TITLE II—</num> <heading>EASTERN EUROPE AND YUGOSLAVIA</heading> <section> <num value="201">SEC. 201. </num> <heading>ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authority</inline>.—</heading> <content>Notwithstanding any other provision of law, the President may use up to $10,000,000 of the funds appropriated for fiscal year 1990 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; relating to the economic support fund) to support the process of democratic transition in East European countries and Yugoslavia, in addition to amounts otherwise available for such purposes.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limitation</inline>.—</heading> <chapeau>Funds provided under this section shall be made available only—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <content>after the President has certified to the Congress that the country where funds are being expended has had, or is scheduled to have, open and free multiparty national or regional elections; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in such a manner so as to benefit substantially a full range of non-Communist political parties in the countries in which such funds are used.</content> </paragraph> </subsection> </section> Approved February 14, 1990.
LEGISLATIVE HISTORY—H.R. 3952 (S. 2073): HOUSE REPORTS: No. 101–401, Pt. 1 (Comm. on Foreign Affairs) and Pt. 2 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 7, considered and passed House and Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Feb. 14, Presidential remarks and statement.

 Public Law 101–244: To designate the period commencing February 18, 1990, and ending February 24, 1990, as “National Visiting Nurse Associations Week”. Public Law 244 Public Law 101–244 104 Stat. 11 1990-02-14 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 2025-06-19 101 public 104 STAT. 11 Public Law 101–244 101st Congress
Joint Resolution To designate the period commencing February 18, 1990, and ending February 24, 1990, as “National Visiting Nurse Associations Week”.

Feb. 14, 1990

[S.J. Res. 103]

 Whereas Visiting Nurse Associations have served homebound Americans since 1885; Whereas such Associations annually provide home care and support services to nearly 1,000,000 men, women, children, and infants; Whereas such Associations serve 504 urban and rural communities in 47 States; Whereas such Associations adhere to high standards of quality and provide personalized and cost-effective home health care and support regardless of an individual’s ability to pay; Whereas such Associations are voluntary in nature; independently owned and community-based; Whereas such Associations ensure the quality of care through over-sight provided by professional advisory committees composed of local physicians and nurses; Whereas such Associations enable hundreds of thousands of Americans to recover from illness and injury in the comfort and security of their homes; Whereas such Associations ensure that individuals who are chronically ill or who have physical and mental handicaps receive the therapeutic benefits of care and support services provided in the home; Whereas, in the absence of such Associations, thousands of patients with mental or physical handicaps or chronically disabling illnesses would have to be institutionalized; Whereas such Associations provide a wide range of services, including (where appropriate) health care, hospice care, personal care, homemaking, occupational, physical, and speech therapy, “friendly visiting services”, social services, nutritional counseling, specialized nursing services, and meals on wheels; Whereas such Associations offer nursing care provided by registered nurses, homemaking, therapy, and social services by qualified specialists, and “friendly visiting services” by volunteers; Whereas in each community served by such an Association, local volunteers support the Association by serving on the board of directors, raising funds, visiting patients in their homes, assisting patients and nurses at wellness clinics, delivering meals on wheels to patients, running errands for patients, working in the Association’s office, and providing tender loving care; and Whereas the need for home health care for young and old alike continues to grow annually: Now, therefore, be it 104 STAT. 12 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the period commencing February 18, 1990, and ending February 24, 1990, is designated as “National Visiting Nurse Associations Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs, ceremonies, and activities.
Approved February 14, 1990.
LEGISLATIVE HISTORY—S.J. Res. 103: CONGRESSIONAL RECORD, Vol. 136 (1990):

Jan. 30, considered and passed Senate.

Feb. 6, considered and passed House.

 Public Law 101–245: Designating February 11 through February 17, 1990, as “Vocational-Technical Education Week”. Public Law 245 Public Law 101–245 104 Stat. 13 1990-02-14 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 2025-06-19 101 public 104 STAT. 13 Public Law 101–245 101st Congress
Joint Resolution Designating February 11 through February 17, 1990, as “Vocational-Technical Education Week”.

Feb. 14, 1990

[S.J. Res 130]

 Whereas vocational-technical education prepares the Nation’s work force by providing students with basic academic and occupational skills; Whereas vocational-technical education stresses the importance of positive work attitudes and values; Whereas vocational-technical education builds the leadership skills of students by encouraging them to participate in student organizations; Whereas vocational-technical education stimulates the growth and vitality of the Nation’s businesses and industries by preparing workers for the majority of occupations forecasted to experience the largest and fastest growth in the next decade; Whereas vocational-technical education encourages entrepreneurship among students through units of study and courses designed to prepare them to start and manage their own businesses; Whereas a strong vocational-technical education program planned and carried out by trained vocational-technical educators is vital to the future economic development of the Nation and to the well-being of its citizens; Whereas the Future Business Leaders of America, the Future Homemakers of America and Home Economics Related Occupations, the Future Farmers of America, the Distributive Education Clubs of America, the Vocational Industrial Clubs of America, the American Industrial Arts Student Association, the National Association of Trade and Technical Schools, the Health Occupation Students of America, the National Association of State Councils on Vocational Education, and the American Vocational Association have joined efforts to give added definition to vocational-technical education; Whereas the planned theme for Vocational-Technical Education Week is “Vocational-Technical Education: It Works”: Now, therefore, be it 104 STAT. 14 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That February 11 through February 17, 1990, is designated as “Vocational-Technical Education Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such period with appropriate programs, ceremonies, and activities.
Approved February 14, 1990.
LEGISLATIVE HISTORY—S.J. Res. 130: CONGRESSIONAL RECORD:

Vol. 135 (1989): June 9, considered and passed Senate.

Vol. 136 (1990): Jan. 31, considered and passed House.

 Public Law 101–246: To authorize appropriations for fiscal years 1990 and 1991 for the Department of State, and for other purposes. Public Law 246 Public Law 101–246 104 Stat. 15 1990-02-16 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 2025-06-19 101 public 104 STAT. 15 Public Law 101–246 101st Congress
An Act To authorize appropriations for fiscal years 1990 and 1991 for the Department of State, and for other purposes.

Feb. 16, 1990

[H.R. 3792]

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

Foreign Relations Authorization Act, Fiscal Years 1990 and 1991. 22 USC 2651 note.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.— This Act may be cited as the “Foreign Relations Authorization Act, Fiscal Years 1990 and 1991”. (b) Table of Contents.— The table of contents for this Act is as follows: Sec. 1. TITLE I— Part A— Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Part B— Sec. 111. Sec. 112. Sec. 113. Sec. 114. Sec. 115. Sec. 116. Sec. 117. Sec. 118. Sec. 119. Sec. 120. Sec. 121. Sec. 122. Sec. 123. Sec. 124. Sec. 125. Sec. 126. Sec. 127. Sec. 128. Part C— Sec. 131. Sec. 132. Sec. 133. 104 STAT. 16 Sec. 134. Sec. 135. Sec. 136. Part D— Sec. 141. Sec. 142. Sec. 143. Sec. 144. Sec. 145. Sec. 146. Sec. 147. Sec. 148. Sec. 149. Sec. 150. Sec. 151. Sec. 152. Sec. 153. Sec. 154. Sec. 155. Sec. 156. Part E— Sec. 161. Sec. 162. Sec. 163. Sec. 164. TITLE II— Part A— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. Sec. 212. Sec. 213. Part B— Sec. 221. Sec. 222. Sec. 223. Sec. 224. Sec. 225. Sec. 226. Part C— Sec. 231. Sec. 232. Sec. 233. Sec. 234. Sec. 235. Sec. 236. Sec. 237. 104 STAT. 17 Part D— Sec. 241. Sec. 242. Sec. 243. Sec. 244. Sec. 245. Sec. 246. Sec. 247. Sec. 248. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. TITLE IV— Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. Sec. 411. Sec. 412. Sec. 413. Sec. 414. Sec. 415. Sec. 416. Sec. 417. TITLE V— Sec. 501. TITLE VI— Sec. 601. TITLE VII— Sec. 701. Sec. 702. Sec. 703. Sec. 704. TITLE VIII— Sec. 801. Sec. 802. Sec. 803. Sec. 804. TITLE IX— Sec. 901. Sec. 902. 104 STAT. 18 TITLE X— Sec. 1001. Sec. 1002. Sec. 1003. Sec. 1004. Sec. 1005. Sec. 1006. Sec. 1007. Sec. 1008. Sec. 1009. Sec. 1010. TITLE XI— Sec. 1101.
<num value="I">TITLE I—</num> <heading>DEPARTMENT OF STATE</heading> <part> <num class="bold" value="A">PART A—</num> <heading class="inline"><b>AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS OF FUNDS; RESTRICTIONS</b></heading> <section> <num value="101">SEC. 101. </num> <heading>ADMINISTRATION OF FOREIGN AFFAIRS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Diplomatic and Ongoing Operations</inline>.—</heading> <chapeau>The following amounts are authorized to be appropriated for the Department of State under “Administration of Foreign Affairs” to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law (other than the diplomatic security program):</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Salaries and expenses</inline>.—</heading> <content>For “Salaries and Expenses”, of the Department of State $1,432,124,000 for the fiscal year 1990 and $1,583,598,000 for the fiscal year 1991, of which not less than $250,000 for each fiscal year shall be available only for use by the Bureau of International Communications and Information Policy to support international institutional development and other activities which promote international communications and information development.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Acquisition and maintenance of buildings abroad</inline>.—</heading> <content>For “Acquisition and Maintenance of Buildings Abroad”, $218,900,000 for the fiscal year 1990 and $227,656,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Representation allowances</inline>.—</heading> <content>For “Representation Allowances”, $4,600,000 for the fiscal year 1990 and $5,000,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Emergencies in the diplomatic and consular service</inline>.—</heading> <content>For “Emergencies in the Diplomatic and Consular Service”, $4,700,000 for the fiscal year 1990 and $4,888,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Office of the inspector general</inline>.—</heading> <content>For “Office of the Inspector General”, $21,000,000 for the fiscal year 1990 and $21,840,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Payment to the American institute in Taiwan</inline>.—</heading> <content>For “Payment to the American Institute in Taiwan”, $11,300,000 for the fiscal year 1990 and $11,752,000 for the fiscal year 1991.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Diplomatic Security Program</inline>.—</heading> <chapeau>In addition to amounts authorized to be appropriated by subsection (a), the following amounts are authorized to be appropriated under “Administration of Foreign<page identifier="/us/stat/104/19">104 STAT. 19</page> Affairs” for the fiscal years 1990 and 1991 for the Department of State to carry out the diplomatic security program:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Salaries and expenses</inline>.—</heading> <content>For “Salaries and Expenses”, $309,365,000 for the fiscal year 1990 and $361,995,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Protection of foreign missions and officials</inline>.—</heading> <content>For “Protection of Foreign Missions and Officials”, $9,100,000 for the fiscal year 1990 and $9,464,000 for the fiscal year 1991.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Allocation for Office of Munitions Control</inline>.—</heading> <content>Of the amounts authorized to be appropriated by this section, there shall be available only for the Office of Munitions Control of the Department of State for each of the fiscal years 1990 and 1991 such amount as is necessary to maintain at least 53 full-time equivalent personnel and any associated costs.</content> </subsection> </section> <section> <num value="102">SEC. 102. </num> <heading>INTERNATIONAL ORGANIZATIONS AND CONFERENCES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Assessed Contributions to International Organizations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>There are authorized to be appropriated for “Contributions to International Organizations”, $714,927,000 for the fiscal year 1990 and $817,000,000 for the fiscal year 1991 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and for other purposes authorized by law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Of the amounts authorized to be appropriated by paragraph (1), $1,249,000 for the fiscal year 1990 shall be available only for the South Pacific Commission.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Contributions to International Peacekeeping Activities</inline>.—</heading> <content>There are authorized to be appropriated for “Contributions to International Peacekeeping Activities”, $111,184,000 for the fiscal year 1990 and $115,000,000 for the fiscal year 1991 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities and for other purposes authorized by law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">International Conferences and Contingencies</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>There are authorized to be appropriated for “International Conferences and Contingencies”, $6,340,000 for the fiscal year 1990 and $7,300,000 for the fiscal year 1991 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international conferences and contingencies and for other purposes authorized by law.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>None of the funds authorized to be appropriated under paragraph (1), may be obligated or expended for any United States delegation to any meeting of the Conference on Security and Cooperation in Europe (CSCE) or meetings within the framework of the CSCE unless the United States delegation to any such meeting includes individuals representing the Commission on Security and Cooperation in Europe.</content> </paragraph> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>INTERNATIONAL COMMISSIONS.</heading> <chapeau>The following amounts are authorized to be appropriated under “International Commissions” for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:</chapeau> <page identifier="/us/stat/104/20">104 STAT. 20</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">International boundary and water commission, united states and Mexico</inline>.—</heading> <chapeau>For “International Boundary and Water Commission, United States and Mexico”—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>for “Salaries and Expenses” for the fiscal year 1990, $10,460,000 and, for the fiscal year 1991, $10,878,000; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>for “Construction” for the fiscal year 1990, $11,500,000 and, for the fiscal year 1991, $11,900,000.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">International boundary commission, united states and Canada</inline>.—</heading> <content>For “International Boundary Commission, United States and Canada”, $750,000 for the fiscal year 1990 and $780,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">International joint commission</inline>.—</heading> <content>For “International Joint Commission”, $3,750,000 for the fiscal year 1990 and $3,900,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">International fisheries commissions</inline>.—</heading> <content>For “International Fisheries Commissions”, $11,000,000 for the fiscal year 1990 and $11,440,000 for the fiscal year 1991.</content> </paragraph> </section> <section> <num value="104">SEC. 104. </num> <heading>MIGRATION AND REFUGEE ASSISTANCE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <chapeau>There are authorized to be appropriated for “Migration and Refugee Assistance”—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for authorized activities, $415,000,000 for the fiscal year 1990 and $445,000,000 for the fiscal year 1991; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for each of the fiscal years 1990 and 1991 for assistance for refugees resettling in Israel, $25,000,000.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Availability of Funds</inline>.—</heading> <content>Funds appropriated pursuant to paragraph (1) or (2) of subsection (a) are authorized to remain available until expended.</content> </subsection> </section> <section> <num value="105">SEC. 105. </num> <heading>OTHER PROGRAMS.</heading><chapeau>The following amounts are authorized to be appropriated for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">United states bilateral science and technology agreements</inline>.—</heading> <content>For “United States Bilateral Science and Technology Agreements”, $4,000,000 for the fiscal year 1990 and $4,160,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Soviet-east European research and training</inline>.—</heading> <content>For “Soviet-East European Research and Training”, $4,600,000 for the fiscal year 1990 and $5,200,000 for the fiscal year 1991.</content> </paragraph> </section> <section> <num value="106">SEC. 106. </num> <heading>REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN AUTHORIZATIONS.</heading> <content>The State Department Basic Authorities Act of 1956 is amended by inserting after section 10 (22 U.S.C. 2677) the following new section: <quotedContent> <section> <num value="11">“SEC. 11. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2678">22 USC 2678</ref>.</p></sidenote> <heading>REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN AUTHORIZATIONS.</heading> <content>“If the amount appropriated (or made available in the event of a sequestration order issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; 2 U.S.C. 901 et seq.)) for a fiscal year pursuant to any authorization of appropriations provided by an Act other than an appropriation Act is less than the authorization amount and a provision of that Act provides that a specified amount of the authorization amount shall<page identifier="/us/stat/104/21">104 STAT. 21</page> be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount appropriated (or made available in the event of sequestration) bears to the authorization amount.”.</content> </section> </quotedContent> </content> </section> <section> <num value="107">SEC. 107. </num> <heading>AVAILABILITY OF FUNDS.</heading> <content>Section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended by adding after subsection (d) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Amounts authorized to be appropriated for a fiscal year for the Department of State or to the Secretary of State are authorized to be obligated for twelve-month contracts which are to be performed in two fiscal years, if the total amount for such contracts is obligated in the earlier fiscal year.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="108">SEC. 108. </num> <heading>RESTRICTION ON FUNDS FOR NEGOTIATIONS WITH CERTAIN PALESTINE LIBERATION ORGANIZATION REPRESENTATIVES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> <content>Section 1302(b) of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2151), is amended by inserting before the period at the end thereof the following: “<quotedText>, except that no funds authorized to be appropriated by this or any other Act may be obligated or made available for the conduct of the current dialogue on the Middle East peace process with any representative of the Palestine Liberation Organization if the President knows and advises the Congress that that representative directly participated in the planning or execution of a particular terrorist activity which resulted in the death or kidnapping of a United States citizen</quotedText>”.</content> </section> </part> <part> <num class="bold" value="B">PART B—</num> <heading class="inline"><b>DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN MISSIONS</b></heading> <section> <num value="111">SEC. 111. </num> <heading>AUTHORIZATION OF CERTAIN OPERATIONAL ACTIVITIES.</heading> <chapeau>Section 2 of the State Department Basic Authorities Act (22 U.S.C. 2669) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (g), by striking out “and” at the end thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (h), by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after subsection (h) the following new subsections: <quotedContent> <subsection class="indent1 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>pay obligations assumed in Germany on or after June 5, 1945;</content> </subsection> <subsection class="indent1 firstIndent1 fontsize10"> <num value="j">“(j) </num> <content>provide telecommunications services; and</content> </subsection> <subsection class="indent1 firstIndent1 fontsize10"> <num value="k">“(k) </num> <content>provide maximum physical security in Government-owned and leased properties and vehicles abroad.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section> <num value="112">SEC. 112. </num> <heading>WORKING CAPITAL FUND FOR OFFICE OF FOREIGN MISSIONS.</heading> <chapeau>Section 13(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2684(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in the first sentence—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>and</quotedText>” before “<quotedText>(4)</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>, and (5) services and supplies to carry out title II of this Act</quotedText>”; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after the first sentence the following new sentence: “<quotedText>Such fund shall also be available without fiscal year limitation to carry out the purposes of title II of this Act</quotedText>”.</content> </paragraph> </section> <page identifier="/us/stat/104/22">104 STAT. 22</page> <section> <num value="113">SEC. 113. </num> <heading>AUTHORITY OF DIPLOMATIC SECURITY SERVICE.</heading> <chapeau>Section 37(a) of the State Department Basic Authorities Act (22 U.S.C. 2709(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in paragraph (2)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of subparagraph (A);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by redesignating subparagraph (B) as subparagraph (C); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by inserting after subparagraph (A) the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>make arrests without warrant for any offense concerning passport or visa issuance or use if the special agent has reasonable grounds to believe that the person has committed or is committing such offense, and”; and</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (5), by amending the text preceding subparagraph (A) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>arrest without warrant any person for a violation of section 111, 112, 351, 970, or 1028 of title 18, United States Code—”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="114">SEC. 114. </num> <heading>ACCESS TO CRIMINAL RECORDS.</heading> <chapeau>Section 9101 of title 5, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsections (b)(1), (b)(3)(A), (b)(3)(B), and (c) by inserting “<quotedText>the Department of State,</quotedText>” after “<quotedText>Defense,</quotedText>” each place it appears; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>The authority provided under this section with respect to the Department of State may be exercised only so long as the Department of State continues to extend to its employees and applicants for employment, at a minimum, those procedural safeguards provided for as part of the security clearance process that were made available, as of May 1, 1987, pursuant to section 163.4 of volume 3 of the Foreign Affairs Manual.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section> <num value="115">SEC. 115. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Government organization and employees.</p></sidenote> <heading>ENHANCEMENT OF EVACUATION CAPABILITY AND PROCEDURES REGARDING MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Responsibility of Secretary of State</inline>.—</heading> <chapeau>Section 102(b) of the Diplomatic Security Act of 1986 (22 U.S.C. 4801(b)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (4);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraph (5) as paragraph (6);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after paragraph (4) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; and”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Development and Implementation of Policies</inline>.—</heading> <chapeau>Section 103 of the Diplomatic Security Act of 1986 (22 U.S.C. 4802) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after subsection (a) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Overseas Evacuations</inline>.—</heading> <chapeau>The Secretary of State shall develop and implement policies and programs to provide for the safe and efficient evacuation of United States Government personnel, dependents, and private United States citizens when their lives are<page identifier="/us/stat/104/23">104 STAT. 23</page> endangered. Such policies shall include measures to identify high risk areas where evacuation may be necessary and, where appropriate, providing staff to United States Government missions abroad to assist in those evacuations. In carrying out these responsibilities, the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>develop a model contingency plan for evacuation of personnel, dependents, and United States citizens from foreign countries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>develop a mechanism whereby United States citizens can voluntarily request to be placed on a list in order to be contacted in the event of an evacuation, or which, in the event of an evacuation, can maintain information on the location of United States citizens in high risk areas submitted by their relatives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>assess the transportation and communications resources in the area being evacuated and determine the logistic support needed for the evacuation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>develop a plan for coordinating communications between embassy staff, Department of State personnel, and families of United States citizens abroad regarding the whereabouts of those citizens.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Procedures Regarding Major Disasters and Incidents Abroad</inline>.—</heading> <chapeau>The State Department Basic Authorities Act of 1956 (22 U.S.C. 2269 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating section 43 as section 44; and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding after section 42 the following new section: <quotedContent> <section> <num value="43">“SEC. 43. </num> <heading>PROCEDURES REGARDING MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2715">22 USC 2715</ref>.</p></sidenote> <content>“In the case of a major disaster or incident abroad which affects the health and safety of citizens of the United States residing or traveling abroad, the Secretary of State shall provide prompt and thorough notification of all appropriate information concerning such disaster or incident and its effect on United States citizens to the next-of-kin of such individuals. Notification shall be provided through the most expeditious means available, including telephone communications, and shall include timely written notice. The Secretary, through the appropriate offices of the Department of State, shall act as a clearinghouse for up-to-date information for the next-of-kin and shall provide other services and assistance. Assistance<sidenote><p class="indent0 firstIndent0 fontsize8">Aircraft and air carriers.</p></sidenote> shall include liaison with foreign governments and persons and with United States air carriers concerning arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as disposition of personal effects.”.</content> </section> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Development of Standardized Procedures</inline>.—</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2715">22 USC 2715 note</ref>.</p></sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Secretary of State shall enter into discussions with international air carriers and other appropriate entities to develop standardized procedures which will assist the Secretary in implementing the provisions of section 43 of the State Department Basic Authorities Act of 1956, as amended by subsection (c).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of State shall consider the feasibility of establishing a toll-free telephone number to facilitate inquiries by the next-of-kin in cases of major disasters or incidents abroad which affect the health and safety of citizens of the United States residing or traveling abroad.</content> </paragraph> </subsection> <page identifier="/us/stat/104/24">104 STAT. 24</page> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit a report to the Congress which sets forth plans for the implementation of the amendment made by subsection (c) and the provisions of subsection (d)(1), together with the Secretary’s comments concerning the proposal under subsection (d)(2).</content> </subsection> </section> <section> <num value="116">SEC. 116. </num> <heading>ACQUISITION OF DOMESTIC PROPERTY AS INTERIM STEP TO ACQUIRING PROPERTY ABROAD.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Additional Authority for the Director of the Office of Foreign Missions</inline>.—</heading> <chapeau>Section 203(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4303(c)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraph (3) as paragraph (4); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>dispose of property acquired in carrying out the purposes of this Act; and”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Provision of Benefits</inline>.—</heading> <chapeau>Section 204 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4304) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in subsection (b)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>or</quotedText>” at the end of paragraph (3);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting “<quotedText>or</quotedText>” at the end of paragraph (4);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by inserting after paragraph (4) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>subject to subsection (f), to implement an exchange of property between the Government of the United States and the government of a foreign country, such property to be used by each government in the respective receiving state for, or in connection with, diplomatic or consular establishments,”; and</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Upon a determination in each specific case by the Secretary of State or the Secretary’s designee that the purpose of the Foreign Service Buildings Act, 1926, can best be met on the basis of an in-kind exchange of properties with a foreign country pursuant to subsection (b)(5), the Secretary of State may transfer funds made available under the heading ‘Acquisition and Maintenance of Buildings Abroad’ (including funds held in the Foreign Service Buildings Fund) for such purpose to the Working Capital Fund, as provided in section 208(h)(1). Except for funds that may be provided by a foreign government for the purchase of property, only funds transferred under the preceding sentence may be used for the purposes of subsection (b)(5).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary of State may acquire property in the United States for the purposes of subsection (b)(5) only in the context of a specific reciprocal agreement with a specified foreign government. Property acquired by the United States in the foreign country through such an exchange shall benefit the United States at least to the same extent as the property acquired in the United States benefits the foreign government.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <content>The Secretary of State shall prescribe regulations for the implementation of any in-kind exchange of properties pursuant to subsection (b)(5).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>At least 15 days before entering into any reciprocal agreement for the exchange of property with another foreign government, the Secretary of State shall notify the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the<page identifier="/us/stat/104/25">104 STAT. 25</page> House of Representatives and the Committee on Foreign Relations of the Senate.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Proceeds from the disposition of properties acquired pursuant to this subsection shall be credited to the Foreign Service Buildings Fund (referred to in section 9 of the Foreign Service Buildings Act, 1926).</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The authority to spend proceeds received under subparagraph (A) may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Conforming Amendment</inline>.—</heading> <content>Section 9(a)(1) of the Foreign Service Buildings Act, 1926 (22 U.S.C. 300(a)(1)), is amended by inserting before the comma at the end thereof the following: “<quotedText>or in the United States pursuant to section 204(b)(5) of the State Department Basic Authorities Act of 1956</quotedText>”.</content> </subsection> </section> <section> <num value="117">SEC. 117. </num> <heading>DEBT COLLECTION.</heading> <chapeau>Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating section 44 (as redesignated by section 115)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651</ref>.</p></sidenote> as section 45; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 43 (as redesignated by section 115) the following: <quotedContent> <section> <num value="44">“SEC. 44. </num> <heading>DEBT COLLECTION.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2716">22 USC 2716</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Contract Authority</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to the availability of appropriations, the Secretary of State shall enter into contracts for collection services to recover indebtedness owed by a person, other than a foreign country, to the United States which arises out of activities of the Department of State and is delinquent by more than 90 days.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each contract entered into under this section shall provide<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> that the person with whom the Secretary enters into such contract shall submit to the Secretary at least once every 180 days a status report on the success of the person in collecting debts. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent that such section is not inconsistent with this subsection.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Disclosure of Delinquent Debt to Credit Reporting Agencies</inline>.—</heading> <content>The Secretary of State shall, to the extent otherwise allowed by law, disclose to those credit reporting agencies to which the Secretary reports loan activity information concerning any debt of more than $100 owed by a person, other than a foreign country, to the United States which arises out of activities of the Department of State and is delinquent by more than 31 days.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> </section> <section> <num value="118">SEC. 118. </num> <heading>MUNITIONS CONTROL REGISTRATION FEES.</heading> <chapeau>The State Department Basic Authorities Act of 1956 (22 U.S.C. 2269 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating section 45 (as redesignated by section 117)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651 note</ref>.</p></sidenote> as section 46; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 44 (as redesignated by section 117) the following new section: <quotedContent> <section> <num value="45">“SEC. 45. </num> <heading>MUNITIONS CONTROL REGISTRATION FEES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2717">22 USC 2717</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Munitions Control Registration Fees</inline>.—</heading> <chapeau>For each fiscal year, $500,000 of the registration fees collected by the Office of Munitions Control of the Department of State shall be credited to a Department of State account, to be available without fiscal year<page identifier="/us/stat/104/26">104 STAT. 26</page> limitation. Fees credited to that account shall be available only for payment of expenses incurred for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>contract personnel to assist in the evaluation of munitions control license applications, reduction in processing time for license applications, and improved monitoring of compliance with the terms of licenses; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the automation of munitions control functions and the processing of munitions control license applications, including the development, procurement, and utilization of computer equipment and related software.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Budget Act Compliance</inline>.—</heading> <content>The authority contained in subsection (a) shall be exercised to such extent and in such amounts as are to be provided in an appropriation Act.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> </section> <section> <num value="119">SEC. 119. </num> <heading>FEES AND REIMBURSEMENTS.</heading> <chapeau>The State Department Basic Authorities Act of 1956 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651 note</ref>.</p></sidenote> <content>by redesignating section 46 (as redesignated by section 118) as section 47; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 45 (as redesignated by section 118) the following new section: <quotedContent> <section> <num value="3">“SEC. 46. </num><sidenote><p class="indent0 firstIndent0 fontsize8">District of Columbia.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2718">22 USC 2718</ref>.</p></sidenote> <heading>FEES RECEIVED FOR USE OF BLAIR HOUSE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Use of Fees</inline>.—</heading> <content>Notwithstanding any other provision of law, for the fiscal years 1990 and 1991, funds received by the Department of State in connection with use of Blair House (including reimbursements and surcharges for services and goods provided and fees for use of Blair House facilities) may be credited to the appropriate appropriation account of the Department of State which is currently available. Such funds shall be available only for maintenance and other expenses of Blair House.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Compliance With the Budget Act</inline>.—</heading> <content>The authority of this section may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> </section> <section> <num value="120">SEC. 120. </num><sidenote><p class="indent0 firstIndent0 fontsize8">District of Columbia.</p></sidenote> <heading>INTERNATIONAL CENTER.</heading> <content>Section 4 of the International Center Act (Public Law 90–553, as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/96/101">96 Stat. 101</ref>.</p></sidenote> amended) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The Department of State is authorized to require the payment of a fee by other executive agencies of the United States for the lease or use of facilities located at the International Center which are used for the purposes of security and maintenance. Any payments received for lease or use of such facilities shall be credited to the account entitled ‘International Center, Washington, District of Columbia’ and shall be available, without fiscal year limitation, to cover the operation and maintenance expenses of such facilities, including administration, maintenance, utilities, repairs, and alterations.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The authority of subparagraph (A) shall be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of paragraph (1), the term ‘Executive agencies’ is used within the meaning of section 105 of title 5, United States Code.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <page identifier="/us/stat/104/27">104 STAT. 27</page> <section> <num value="121">SEC. 121. </num> <heading>CLOSING OF DIPLOMATIC AND CONSULAR POSTS IN ANTIGUA AND BARBUDA.</heading> <content>Section 123 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) is repealed. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2656">22 USC 2656 note</ref>.</p></sidenote></content> </section> <section> <num value="122">SEC. 122. </num> <heading>SUBMISSION OF ANNUAL COUNTRY REPORTS ON TERRORISM.</heading> <content>Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) is amended by striking<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2656f">22 USC 2656f</ref>.</p></sidenote> out “<quotedText>March 31</quotedText>” and inserting in lieu thereof “<quotedText>April 30</quotedText>”.</content> </section> <section> <num value="123">SEC. 123. </num> <heading>CONSULAR OFFICER DUTIES.</heading> <content>Section 31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192), relating to the solemnization of marriages, is repealed.</content> </section> <section> <num value="124">SEC. 124. </num> <heading>OPENING A UNITED STATES CONSULATE IN BRATISLAVA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the State Department’s “special consulate” concept offers a model for reopening a consulate in Bratislava, Czechoslovakia, at modest cost and with significant public diplomacy and political benefits;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the United States still owns the old consulate building and in 1987–1988 spent about $500,000 to renovate parts of the building;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the building has been productively used for trade and cultural events, but could be more effectively used by restoring it to its original purpose as the locus of official United States representation in the Slovak capital;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Slovakia has been the source of the largest and most recent wave of Czechoslovak emigration to the United States and approximately three and one-half million Americans are of Slovak heritage;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>American tourists in Slovakia, many visiting relatives, often require consular assistance and this consular support could best be provided by a consulate in Bratislava;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Slovaks account for more than half of all Czechoslovak tourist travel to the United States and this travel, which should be encouraged, could be expedited by a United States consulate in Bratislava;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the Slovak underground Catholic Church is one of the most vibrant religious forces in Czechoslovakia and each year tens of thousands of Catholics make pilgrimages to Slovakia;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>American outreach efforts in Slovakia have been hindered by the absence of a constant and direct American presence in Bratislava; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>with its Hungarian, Polish, and Ukrainian minorities, a United States consulate in Bratislava would provide important information on both regional and local developments.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Sense of the Congress</inline>.—</heading> <content>It is the sense of the Congress that the President should take all practicable steps to reopen the United States consulate in Bratislava, Czechoslovakia.</content> </subsection> </section> <section> <num value="125">SEC. 125. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4852">22 USC 4852 note</ref>.</p></sidenote> <heading>CONSTRUCTION OF UNITED STATES EMBASSY IN OTTAWA.</heading> <content>Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852(a)) shall not apply to the construction or renovation of the United States Embassy in Ottawa, Canada.</content> </section> <page identifier="/us/stat/104/28">104 STAT. 28</page> <section> <num value="126">SEC. 126. </num> <heading>VOLUNTARY PILOT PROGRAM FOR INCREASED PARTICIPATION BY ECONOMICALLY AND SOCIALLY DISADVANTAGED ENTERPRISES IN FOREIGN RELATIONS ACTIVITIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Establishment of Pilot Program for Voluntary Set-Asides</inline>.—</heading> <content>Not later than 90 days after the date of the enactment of this Act, the Secretary of State (in consultation with the Director of the United States Information Agency) shall prepare and transmit a detailed plan for the establishment for the fiscal years 1990 and 1991 of a pilot program of voluntary set-asides for increased participation, to the extent practicable, by economically and socially disadvantaged enterprises in programs and activities of the Department of State and the United States Information Agency to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Contents of Plan</inline>.—</heading> <chapeau>Such plan shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a description of where such pilot program will be located in each such agency’s organizational structure and what relevant lines of authority will be established;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a listing of the specific responsibilities that will be assigned to the pilot program to enable it to increase, to the extent practicable and in a rational and effective manner, participation of economically and socially disadvantaged enterprises in activities funded by such agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>a detailed design for a time-phase system for bringing about expanded participation, to the extent practicable, by economically and socially disadvantaged enterprises, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>specific recommendations for percentage allocations of contracts, subcontracts, procurement, grants, and research and development activities by such agencies to such enterprises; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>particular consideration of the participation of economically and socially disadvantaged enterprises in activities in the areas of communications, telecommunications, and information systems;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a proposed reporting system that will permit objective measuring of the degree of participation of economically and socially disadvantaged enterprises in comparison to the total activities funded by such agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a detailed projection of the administrative budgetary impact of the establishment of the pilot program; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a detailed set of objective criteria upon which determinations will be made as to the qualifications of economically and socially disadvantaged enterprises to receive contracts funded by such agencies.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Objectives</inline>.—</heading> <content>The objective of the pilot program shall be to increase the participation, to the extent practicable, of economically and socially disadvantaged business enterprises in contract, procurement, grant, and research and development activities funded by the agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Responsibilities</inline>.—</heading> <chapeau>The pilot program shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>establish, maintain, and disseminate information to, and otherwise serve as an information clearinghouse for, economically and socially disadvantaged business enterprises regarding business opportunities funded by the agencies;</content> </paragraph> <page identifier="/us/stat/104/29">104 STAT. 29</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>design and conduct projects to encourage, promote, and assist economically and socially disadvantaged business enterprises to secure direct contracts, host country contracts, subcontracts, grants, and research and development contracts in order for such enterprises to participate in programs funded by the Department of State and the United States Information Agency;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>conduct market research, planning, economic and business analyses, and feasibility studies to identify business opportunities funded by such agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>develop support mechanisms which will enable socially and economically disadvantaged enterprises to take advantage of business opportunities in programs funded by such agencies; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>enter into such contracts (to such extent or in such<sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> amounts as are provided in advance in appropriation Acts), cooperative agreements, or other transactions as may be necessary in the conduct of its functions under this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Responsibilities of the Secretary</inline>.—</heading> <content>The Secretary of State (after consultation with the Director of the United States Information Agency) shall provide the pilot program with such relevant information, including procurement schedules, bids, and specifications with respect to programs funded by the Department of State and the United States Information Agency, as may be requested by the pilot program in connection with the performance of its functions under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>For the purposes of this section, the term “economically and socially disadvantaged enterprise” means a business—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of a publicly-owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>whose management and daily business operations are controlled by one or more such individuals.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Administrator of the agency shall consider, but not be limited to, the assets and net worth of the socially disadvantaged individual.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Reports to Congress</inline>.—</heading> <content>For each of the fiscal years 1990 and 1991, the Secretary of State shall prepare and submit a report concerning the implementation of the pilot program under this section to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> </section> <section> <num value="127">SEC. 127. </num> <heading>REPORT ON REORGANIZATION OF THE DEPARTMENT OF STATE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress makes the following findings:</chapeau> <page identifier="/us/stat/104/30">104 STAT. 30</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Department of State is currently reviewing its organizational structure.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Each of the geographical bureaus deals with a large number of countries and often a broad diversity of cultures, nationalities, and ethnic divisions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The territory covered by the Bureau of Near Eastern and South Asian Affairs, for example, stretches from the Atlantic coast of Morocco to the Bay of Bengal, includes twenty-five countries, more than a billion people, a number of regional disputes, and several cultural and linguistic divisions. The Bureau of Inter-American Affairs has within its jurisdiction thirty-three countries, including Mexico, the nations of the Caribbean Basin, and Central and South America.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Among the most pressing international issues is the prospect for global warming. Over the next few years, American leadership at the international level will be crucial to worldwide efforts to ensure that global warming does not occur. The Department of State will need to consider appropriate steps to prepare for the leadership role of the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The United States continues to face a foreign intelligence threat, including the danger to United States diplomatic missions. The Department of State will need to improve its ability to detect and prevent intelligence penetration of United States missions abroad.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than February 3, 1990, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report assessing the advisability of reorganization of its regional and functional bureaus. The report shall include, but not be limited to, an assessment of the advisability of two bureaus to cover the present responsibilities of the Bureau of Inter-American Affairs, an Office of Diplomatic Security to be headed by an Under Secretary-level Director of Diplomatic Security, and an Office of Global Warming within the Bureau of Oceans, International Environmental and Scientific Affairs. The report shall also include an assessment of the advisability of transferring the jurisdictional responsibility for the Organization of American States from the Bureau of International Organizations to the Bureau of Inter-American Affairs, and of creating a high-level coordinator for United States policy toward Mexico. In the context of the report required by this subsection, it is the sense of the Congress that the Secretary of State should give serious consideration to the establishment of a Bureau of South Asian Affairs within the Department of State.</content> </subsection> </section> <section> <num value="128">SEC. 128. </num> <heading>PROHIBITION ON EXCLUSION OR DEPORTATION OF NON-IMMIGRANT ALIENS ON CERTAIN GROUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Technical Correction</inline>.—</heading> <content>Section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (8 U.S.C. 1182 note) is amended in subsection (a) by inserting “<quotedText>subject to restrictions or conditions on entry into the United States,</quotedText>” after “<quotedText>United States,</quotedText>” the first place it appears.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Repeal of Termination Provision</inline>.—</heading> <content>Subsection (d) of section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (8 U.S.C. 1182 note) is repealed.</content> </subsection> </section> </part> <page identifier="/us/stat/104/31">104 STAT. 31</page> <part> <num class="bold" value="C">PART C—</num> <heading class="inline"><b>DIPLOMATIC IMMUNITY, RECIPROCITY, AND SECURITY</b></heading> <section> <num value="131">SEC. 131. </num> <heading>EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN SERIOUS CRIMINAL OFFENSES COMMITTED IN THE UNITED STATES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Grounds of Exclusion</inline>.—</heading> <chapeau>Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out the period at the end of paragraph (33) and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding after paragraph (33) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="34">“(34) </num> <content>Any alien who has committed in the United States any serious criminal offense, as defined in section 101(h), for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content>Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <chapeau>For purposes of section 212(a)(34), the term ‘serious criminal offense’ means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>any felony;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>any crime of violence, as defined in section 16 of title 18 of the United States Code; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Waiver</inline>.—</heading> <content>Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by striking out “<quotedText>or (12)</quotedText>” and inserting in lieu thereof “<quotedText>(12), or (34)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Report Concerning Compensation and Diplomatic Immunity</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit to the appropriate committees of the Congress a report which considers the need and feasibility of establishing a program which makes compensation awards to United States citizens and permanent resident aliens in the United States for physical injury or financial loss which is the result of criminal activity reasonably believed to have been committed by individuals with immunity from criminal jurisdiction as a result of international obligations of the United States arising from multilateral agreements, bilateral agreements, or otherwise under international law.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Together with such other information as the Secretary of State considers appropriate, the report shall include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau>a plan and feasibility analysis for the establishment of such a program, including—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>specific recommendations for funding, administration, and procedures and standards for compensation and payment of awards; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>particular consideration of the feasibility of an appeals mechanism;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>an assessment of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the feasibility of establishing a fund;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the availability of existing accounts; or</content> </clause> <page identifier="/us/stat/104/32">104 STAT. 32</page> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>other sources of funding for the program; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>consideration of other possible mechanisms for compensation or reimbursement, including direct compensation by the individual with immunity from criminal jurisdiction or by the sending country of that individual.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="132">SEC. 132. </num> <heading>MODIFICATION OF PREFERENCE FOR UNITED STATES CONTRACTORS IN DIPLOMATIC CONSTRUCTION PROGRAM.</heading> <content>Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852) is amended in paragraph (2) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>bid on a diplomatic construction or design project which involves physical or technical security, unless the project—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>involves nonsophisticated, low-level technology, as determined by the Assistant Secretary for Diplomatic Security;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is for the design or construction of a facility that does not process or store classified material; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>does not exceed a total value of $500,000.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </section> <section> <num value="133">SEC. 133. </num> <heading>USE OF CLEARED PERSONNEL TO ENSURE SECURE MAINTENANCE AND REPAIR OF DIPLOMATIC FACILITIES ABROAD.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="415">“SEC. 415. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Classified information.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4863">22 USC 4863</ref>.</p></sidenote> <heading>USE OF CLEARED PERSONNEL TO ENSURE SECURE MAINTENANCE AND REPAIR OF DIPLOMATIC FACILITIES ABROAD.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Policies and Regulations</inline>.—</heading> <content>The Secretary of State shall develop and implement policies and regulations to provide for the use of persons who have been granted an appropriate United States security clearance to ensure that the security of areas intended for the storage of classified materials or the conduct of classified activities in a United States diplomatic mission or consular post abroad is not compromised in the performance of maintenance and repair services in those areas.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Study and Report</inline>.—</heading> <content>The Secretary of State shall conduct a study of the feasibility and necessity of requiring that, in the case of certain United States diplomatic facilities abroad, no contractor shall be hired to perform maintenance or repair services in an area intended for the storage of classified materials or the conduct of classified activities unless such contractor has been granted an appropriate United States security clearance. Such study shall include, but is not limited to, United States facilities located in Cairo, New Delhi, Riyadh, and Tokyo. Not later than 180 days after the date of the enactment of this section, the Secretary of State shall report the results of such study to the Chairman of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Conforming Amendment to Table of Contents</inline>.—</heading> <content>The table of contents for the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 414 the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 415.</designator> <label>Use of cleared personnel to ensure secure maintenance and repair of diplomatic facilities abroad.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <page identifier="/us/stat/104/33">104 STAT. 33</page> <section> <num value="134">SEC. 134. </num> <heading>UNITED STATES-SOVIET RECIPROCITY IN MATTERS RELATING TO EMBASSIES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4301">22 USC 4301 note</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Waiver of Restriction Regarding Soviet Consulates in the United States</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding section 153(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) and subject to paragraph (2), the Secretary of State may allow the Soviet mission to the United States to occupy, on the basis of reciprocity, a consulate facility in the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Paragraph (1) shall apply only after the Secretary of State certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the United States mission in Kiev is able to occupy an interim facility intended for the conduct of unclassified activities.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Reports to Congress</inline>.—</heading> <content>Not later than January 30, 1991, the Secretary of State shall develop and submit to the Congress a long-term plan for acquiring secure permanent facilities for the United States mission in Kiev, together with a budget proposal to implement such plan.</content> </subsection> </section> <section> <num value="135">SEC. 135. </num> <heading>CONSTRUCTION SECURITY CERTIFICATION.</heading> <chapeau>Section 160(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) is amended—</chapeau><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4301">22 USC 4851 note</ref>.</p></sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the text preceding paragraph (1), by inserting “<quotedText>or approving occupancy of a similar facility for which construction or major renovation began before the effective date of this section,</quotedText>” after “<quotedText>activities,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>at the end of paragraph (1), by striking out “<quotedText>and</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>at the end of paragraph (2), by striking out the period and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a plan has been put into place for the continued evaluation and maintenance of adequate security at such facility, which plan shall specify the physical security methods and technical countermeasures necessary to ensure secure operations, including any personnel requirements for such purposes.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="136">SEC. 136. </num> <heading>INCREASED PARTICIPATION OF UNITED STATES CONTRACTORS IN LOCAL GUARD CONTRACTS ABROAD UNDER THE DIPLOMATIC SECURITY PROGRAM.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4864">22 USC 4864</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress makes the following findings:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local security guard contract abroad.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result.</content> </paragraph> <page identifier="/us/stat/104/34">104 STAT. 34</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such contracts.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Objective</inline>.—</heading> <content>It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Participation of United States Contractors in Local Guard Contracts Abroad</inline>.—</heading> <chapeau>With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after the date of enactment of this Act, the Secretary of State shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>establish procedures to ensure that appropriate measures are taken by diplomatic and consular post management to assure that United States persons and qualified United States joint venture persons are not disadvantaged during the solicitation and bid evaluation process due to their distance from the post; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>give preference to United States persons and qualified United States joint venture persons where such persons are price competitive to the non-United States persons bidding on the contract, are properly licensed by the host government, and are otherwise qualified to carry out all the terms of the contract.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>For the purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>the term “United States person” means a person which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>has its principal place of business in the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>has performed within the United States and overseas security services similar in complexity to the contract being bid;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>with respect to the contract under subsection (c), has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <clause class="inline"> <num value="i">(i) </num> <content>employs United States citizens in at least 80 percent of its principal management positions in the United States; and</content> </clause> <clause class="indent2 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>employs United States citizens in more than half of its permanent, full-time positions in the United States; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>has the existing technical and financial resources in the United States to perform the contract;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture; and</content> </paragraph> <page identifier="/us/stat/104/35">104 STAT. 35</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the term “Foreign Service building” means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">United States Minority Contractors</inline>.—</heading> <content>Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States minority small business contractors.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">United States Small Business Contractors</inline>.—</heading> <content>Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States small business contractors.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Limitation of Subcontracting</inline>.—</heading> <content>With respect to local guard contracts subject to subsection (c), a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.</content> </subsection> </section> </part> <part> <num class="bold" value="D">PART D—</num> <heading class="inline"><b>PERSONNEL</b></heading> <section> <num value="141">SEC. 141. </num> <heading>AUTHORITY TO TRANSFER RETIREMENT CONTRIBUTIONS FOR FOREIGN SERVICE NATIONALS TO LOCAL PLANS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Local Compensation Plans</inline>.—</heading> <content>Section 408(a) of the Foreign Service Act of 1980 (22 U.S.C. 3968(a)) is amended by inserting at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Whenever a foreign national employee so elects during a one-year period established by the Secretary of State with respect to each post abroad, the Secretary of the Treasury (at the direction of the Secretary of State) shall transfer such employee’s interest in the Civil Service Retirement and Disability Fund to a trust or other local retirement plan certified by the United States Government under a local compensation plan established for foreign national employees pursuant to this section (excluding local social security plans).</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>For purposes of subparagraph (A), the phrase “employee’s interest in the Civil Service Retirement and Disability Fund” means the total contributions of the employee and the employing agency with respect to such employee, pursuant to sections 8331(8) and 8334(a)(1) of title 5, United States Code, respectively, plus interest at the rate provided in section 8334(e)(3) of such title.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="c">“(C) </num> <content>Any such transfer shall void any annuity rights or entitlement to lump-sum credit under subchapter III of chapter 83 of such title.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Transfer As Constituting Final Payment</inline>.—</heading> <content>Section 8345 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="l">“(l) </num> <content>Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete and final payment of benefits under this chapter.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The transfer of an employee’s interest in the Civil Service<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s3968">22 USC 3968 note</ref>.</p></sidenote> Retirement and Disability Fund shall occur after October 1, 1990.</content> </subsection> </section> <page identifier="/us/stat/104/36">104 STAT. 36</page> <section> <num value="142">SEC. 142. </num> <heading>DISQUALIFICATION FOR SERVICE ON FOREIGN SERVICE SELECTION BOARDS.</heading> <content>Section 602 of the Foreign Service Act of 1980 (22 U.S.C. 4002) is amended by adding at the end thereof the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>No public members appointed pursuant to this section may be, at the time of their appointment or during their appointment, an agent of a foreign principal (as defined by section 1(b) of the Foreign Agents Registration Act of 1938) or receive income from a government of a foreign country.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="143">SEC. 143. </num> <heading>SEPARATION FOR CAUSE; JUDICIAL REVIEW.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Availability of Judicial Review</inline>.—</heading> <content>Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(2)) is amended by adding at the end thereof the following new sentence: “<quotedText>Section 1110 shall apply to proceedings under this paragraph.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Separation Due to Criminal Conviction</inline>.—</heading> <content>Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended by inserting at the end of the first sentence before the period the following: “<quotedText>or, notwithstanding section 1106(8) of this Act, unless the member has been convicted of a crime related to the cause for separation, subject to reinstatement with back pay (for any period during which separation for cause had not been established by such a hearing) if such conviction is reversed on appeal</quotedText>”.</content> </subsection> </section> <section> <num value="144">SEC. 144. </num> <heading>VISITING SCHOLARS PROGRAM FOR THE FOREIGN SERVICE INSTITUTE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Chapter 7 of title I of the Foreign Service Act of 1980 is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="707">“SEC. 707. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Education.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4027">22 USC 4027</ref>.</p></sidenote> <heading>VISITING SCHOLARS PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Establishment of Program</inline>.—</heading> <content>There is authorized to be established at the Foreign Service Institute a program whereby selected scholars would participate fully in the educational and training activities of the Institute. This program may be referred to as the ‘Visiting Scholars Program’.</content> </subsection> <subsection class="indent0 fontsize10"> <heading>“(b) <inline class="smallCaps">Selection and Appointment of Scholars</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Scholars participating in the Visiting Scholars Program shall be selected by a five-member board described in subsection (c).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each visiting scholar shall serve a term of one year, except that such term may be extended for one additional one-year period.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Establishment of Selection Board</inline>.—</heading> <content>The board referred to in subsection (b) shall be composed of the Director of the Foreign Service Institute, who shall serve as chairperson, and four other members appointed by the Secretary of State.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Amendment to Table of Contents</inline>.—</heading> <content>The table of contents of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 706 the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 707.</designator> <label>Visiting Scholars Program.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <num value="145">SEC. 145. </num> <heading>CREDIT FOR SERVICE AT UNHEALTHFUL POSTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Application to Determinations of Eligibility for Former Spouses</inline>.—</heading><content>Section 816(i)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4056(i)(2)) is amended to read as follows: <page identifier="/us/stat/104/37">104 STAT. 37</page> <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>A former spouse shall not be considered as married to a participant for periods assumed to be creditable service under section 808(a) or section 809(e).”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Termination of Extra Credit for Service at Unhealthful Posts</inline>.—</heading> <content>Section 817 of such Act (22 U.S.C. 4057) is amended by adding at the end thereof the following new sentences: “<quotedText>Such extra credit may not be used to determine the eligibility of a person to qualify as a former spouse under this subchapter, or to compute the pro rata share under section 804(10). No extra credit for service at unhealthful posts may be given under this section for any service as part of a tour of duty, or extension thereof, beginning on or after the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991.</quotedText>”.</content> </subsection> </section> <section> <num value="146">SEC. 146. </num> <heading>FORMER SPOUSES OF UNITED STATES INFORMATION AGENCY AND AGENCY FOR INTERNATIONAL DEVELOPMENT EMPLOYEES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Retirement Benefits for Certain Former Spouses</inline>.—</heading> <content>Section 830 of the Foreign Service Act of 1980 (22 U.S.C. 4069a) (relating to retirement benefits for certain former spouses) is amended by adding at the end the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <chapeau>Any individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the marriage included at least five years during which the employee was assigned overseas.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Survivor Benefits for Certain Former Spouses</inline>.—</heading> <content>Section 831 of the Foreign Service Act of 1980 (22 U.S.C. 4069b) (relating to survivor benefits for certain former spouses) is amended by adding at the end the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <chapeau>Any individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency of International Development, shall be entitled to benefits under this section if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the marriage included at least five years during which the employee was assigned overseas.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Health Benefits for Certain Former Spouses</inline>.—</heading> <content>Section 832 of the Foreign Service Act of 1980 (22 U.S.C. 4069c) (relating to health benefits for certain former spouses) is amended by adding at the end the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <chapeau>Any individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to subsections (a), (b), and (c) of this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if—</chapeau> <page identifier="/us/stat/104/38">104 STAT. 38</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the former employee retired from the Civil Service Retirement and Disability System on a date before his employing agency could legally participate in the Foreign Service Retirement and Disability System; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the marriage included at least five years during which the employee was assigned overseas.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <section> <num value="147">SEC. 147. </num> <heading>CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD.</heading> <chapeau>Section 31 of the State Department Basic Authorities Act of 1956<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2703">22 USC 2703</ref>.</p></sidenote> (22 U.S.C. 2684) is amended by adding at the end thereof the following new subsection:</chapeau> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <chapeau>For the fiscal years 1990 and 1991, the Secretary of State may make grants to child care facilities, to offset in part the cost of such care, in Moscow and at no more than five other posts abroad where the Secretary determines that due to extraordinary circumstances such facilities are necessary to the efficient operation of the post. In making that determination, the Secretary shall take into account factors such as—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>whether Foreign Service spouses are encouraged to work at the post because—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the number of members of the post is subject to a ceiling imposed by the receiving country; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Foreign Service nationals are not employed at the post; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>whether local child care is available.”.</content> </paragraph> </subsection> </section> <section> <num value="148">SEC. 148. </num> <heading>TRAVEL, LEAVE, AND OTHER BENEFITS.</heading> <content>Section 901(9) of chapter 9 of the Foreign Service Act of 1980 (22 U.S.C. 4081(9)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>roundtrip travel to or from an employee’s post of assignment for purposes of family visitation in emergency situations involving personal hardship, except that payment for travel by family members to an employee’s post of assignment may be authorized under this paragraph only where the family of the member is prevented by official order from residing at such post.”.</content> </paragraph> </quotedContent> </content> </section> <section> <num value="149">SEC. 149. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Education. Minorities.</p><p class="indent0 firstIndent0 fontsize8">Schools and colleges.</p></sidenote> <heading>FOREIGN SERVICE INTERNSHIP PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress makes the following findings:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>On September 3, 1986, George Shultz, as Secretary of State, issued a statement containing 32 directives concerning equal opportunity in the Foreign Service. In his statement Secretary Shultz affirmed that it was of “fundamental importance that the Foreign Service truly represent the cultural and ethnic diversity of our own society”, and indicated that the lack of such balanced representation was “a foreign policy problem which affects our image as a nation and as a leader of the free world”. Secretary Shultz stated “that representation of women and minorities in the Foreign Service is still unacceptably low” and declared that he was “particularly concerned at the small number of Blacks in the Senior Foreign Service”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The Secretary approved 32 recommendations included with the statement regarding recruitment, assignments, performance evaluations, and equal employment opportunity procedures within the Foreign Service. The recommendations of Secretary of State Shultz included—</chapeau> <page identifier="/us/stat/104/39">104 STAT. 39</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the targeting of historically Black American colleges and universities for special recruitment efforts, including specific information on how to apply for the Foreign Service examination, the testing process, and the mechanics of entry;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>independent review of the written exam for any cultural bias against African Americans;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the inclusion of more African Americans on the board of examiners panels;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>investigation of methods to increase African American enrollment in university courses which might improve an applicant’s chances of passing the written exam;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>development of new recruitment strategies;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>the assignment of more African American officers to senior (and visible) role model positions; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>the recruitment of more African American officers into the political and economic cones of the Foreign Service.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>During the past 7 years, equal opportunity programs to attract women and minorities to the Foreign Service have been most successful in recruiting women and Asian Americans. Such programs have been less than successful in the recruitment of African Americans, Hispanic Americans, and Native Americans. In 1982, 188 new recruits were appointed to the Foreign Service, 48 were minority appointments constituting 26 percent. In 1985 the number of new appointments had increased 33 percent to 281, but minorities comprised only 10.3 percent of such appointments, a total of 29.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>For African Americans and Hispanics the trend of hiring in the Foreign Service is disconcerting. Nineteen African Americans were appointed to the Foreign Service in 1983, in 1987 only 10 African Americans were appointed. Hispanic appointments ranged from 12 in 1983 to 8 in 1985 to 15 in 1987. For Native Americans the Foreign Service statistics are ominous, 5 appointments in 1983,1 in 1984, and no appointments in 1985, 1986, or 1987.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The severe underrepresentation in the Foreign Service of individuals from certain cultural and ethnic groups is in large part due to the small pool of applicants from such groups. In each year from 1982 through 1987, minority applicants represented 14 to 17 percent of the total applicants and only 50 percent of such applicants took the written exam. In 1987, 1,769 minority applicants took the written exam, 191 passed, and 36 were actually appointed to the Foreign Service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The absolute and relative decline in the appointment to the Foreign Service of certain minorities who reflect the cultural and ethnic diversity of the United States dictates that more aggressive equal opportunity programs be established to facilitate the recruitment and appointment of such individuals.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading> <content>Title I of the Foreign Service Act of 1980 is amended by adding at the end the following new chapter: <quotedContent> <chapter> <num value="12"><inline class="smallCaps">“Chapter</inline> 12—</num> <heading class="inline"><inline class="smallCaps">Foreign Service Internship Program</inline></heading> <section> <num value="1201">“SEC. 1201. </num> <heading>STATEMENT OF POLICY; OBJECTIVES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4141">22 USC 4141</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Statement of Policy</inline>.—</heading> <content>Consistent with the findings of section 101, the Foreign Service of the United States should be rep-<page identifier="/us/stat/104/40">104 STAT. 40</page>resentative of the American people. In order to facilitate and encourage the entry into the Foreign Service of individuals who meet the rigorous requirements of the Service, while ensuring a Foreign Service system which reflects the cultural and ethnic diversity of the United States, intensive recruitment efforts are mandated. This is particularly true for Native Americans, African Americans, and Hispanic Americans, where other affirmative action and equal opportunity efforts have not been successful in attracting the ablest applicants for entry into the Foreign Service. The United States remains committed to equal opportunity and to a Foreign Service system operated on the basis of merit principles.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Objectives</inline>.—</heading> <content>The objective of this chapter is to strengthen and improve the Foreign Service of the United States through the establishment of a Foreign Service Internship Program. The program shall promote the Foreign Service as a viable and rewarding career opportunity for qualified individuals who reflect the cultural and ethnic diversity of the United States through a highly selective internship program for students enrolled in institutions of higher education.</content> </subsection> </section> <section> <num value="1202">“SEC. 1202. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4141a">22 USC 4141a</ref>.</p></sidenote> <heading>FOREIGN SERVICE INTERNSHIP PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading> <content>In consultation with the heads of other agencies utilizing the Foreign Service system, the Secretary of State shall establish a Foreign Service internship program to carry out the objectives of this chapter in accordance with the provisions of this chapter.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Foreign Service Internship Program</inline>.—</heading> <content>The program shall introduce interns to the practice of diplomacy and the unique rewards of the Foreign Service. The program shall consist of three successive summer internships of not less than eight weeks duration in each year to be completed over the course of not more than four years. Special emphasis shall be given to preparing the intern for the Foreign Service examination process. In each year not less than 10 interns shall enter the program.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Eligibility to Participate</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Students enrolled full-time in institutions of higher education from groups which are underrepresented in the Foreign Service in terms of the cultural and ethnic diversity of the Foreign Service and for whom equal opportunity and affirmative action recruitment efforts have not been successful in achieving balanced representation in appointments to the Foreign Service shall be eligible to be interns in programs under this chapter.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>An intern shall have successfully completed not less than one academic year of study at an institution of higher education to be admitted to the program. In each succeeding year of participation an intern shall have completed an additional year of undergraduate or graduate study and shall maintain an exemplary record of academic achievement.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In selecting interns, the Secretary shall consider only the ablest students of superior ability selected on the basis of demonstrated achievement and exceptional promise whose academic records reflect the requisite standards of performance necessary for the Foreign Service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Summer Internships</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The primary focus of the first internship shall be the study of international relations, the functions of the Depart-<page identifier="/us/stat/104/41">104 STAT. 41</page>ment of State and other agencies which utilize the Foreign Service system, and the nature of the Foreign Service. The internship shall be held in Washington, District of Columbia, at the Department of State. As appropriate, the Secretary shall utilize the personnel and facilities of the Foreign Service Institute.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The second internship shall be, principally, an assignment to a specific bureau of the Department of State. Emphasis shall be on providing insight into the economic and political functional areas.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The third internship shall be an assignment to a United States mission abroad in the political or economic area.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The first and second internships may include a detail to the Congress.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Administration</inline>.—</heading> <content>The Secretary of State shall determine the academic requirements, other selection criteria, and standards for successful completion of each internship period. The Secretary shall be responsible for the design, implementation, and operation of the program.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading><inline class="smallCaps">Mentors</inline>.—</heading> <content>Each intern shall be assigned a career Foreign Service officer as a mentor. The mentor shall act as a counselor and advisor throughout each summer internship and as a personal Foreign Service contact throughout the period of participation in the program. In the assignment of mentors, the Secretary shall give preference to Foreign Service officers who volunteer for such assignment and who may be role models for the interns.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading><inline class="smallCaps">Compensation</inline>.—</heading> <content>Interns shall be compensated at a rate determined by the Secretary which shall not be less than the compensation of comparable summer interns at the Department of State. As determined by the Secretary, for the purposes of travel, housing, health insurance, and other appropriate benefits, interns shall be considered employees of the Foreign Service during each internship period.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <heading><inline class="smallCaps">Study of Foreign Service Examination</inline>.—</heading> <content>The Secretary of State shall study the feasibility of administering the Foreign Service examination in separate segments over several years. Not later than<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> 180 days after the date of the enactment of this Act, the Secretary shall submit a report summarizing the findings of such a study to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> </section> <section> <num value="1203">“SEC. 1203. </num> <heading>REPORT TO CONGRESS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4141b">22 USC 4141b</ref>.</p></sidenote> <content>“Together with the annual submission required under section 105(d)(2), the Secretary of State shall submit a report to the Congress concerning the implementation of the program established under this chapter. Such report accompanied by such other information as the Secretary considers appropriate, shall include specific information concerning the completion rates of interns in the program, interns who took the Foreign Service examination, interns who passed the examination, former interns appointed to the Foreign Service, assignments of former interns, and the advancement of former interns through the Foreign Service System.</content> </section> <section> <num value="1204">“SEC. 1204. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4141c">22 USC 4141c</ref>.</p></sidenote> <content>“Of the amounts authorized to be appropriated by section 101(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, $100,000 for the fiscal year 1990 and $150,000 for the fiscal<page identifier="/us/stat/104/42">104 STAT. 42</page> year 1991 shall be available only to carry out this chapter. Sums appropriated for the purposes of this chapter are authorized to remain available until expended.”.</content> </section> </chapter> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Technical and Conforming Amendments</inline>.—</heading> <content>The Foreign Service Act of 1980 is amended by adding after the items relating to chapter 11 the following: <quotedContent> <toc> <referenceItem role="chapter"><designator><inline class="smallCaps">“Chapter</inline> 12—</designator><label><inline class="smallCaps">Foreign Service Internship Program</inline></label></referenceItem> <referenceItem role="section"><designator>“Sec. 1201.</designator> <label>Statement of policy; objectives.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 1202.</designator> <label>Foreign service internship program.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 1203.</designator> <label>Report to Congress.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 1204.</designator> <label>Authorization of appropriations.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Congress concerning the implementation of the Foreign Service Internship Program.</content> </subsection> </section> <section> <num value="150">SEC. 150. </num> <heading>GRANTS FOR INSTITUTIONS AND STUDENTS FOR TRAINING IN INTERNATIONAL AFFAIRS.</heading> <chapeau>The State Department Basic Authorities Act of 1956 (22 U.S.C. 2269 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651 note</ref>.</p></sidenote> <content>by redesignating section 47 (as redesignated by section 119) as section 48; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 46 (as redesignated by section 119) the following new section: <quotedContent> <section> <num value="47">“SEC. 47. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Schools and colleges.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2719">22 USC 2719</ref>.</p></sidenote> <heading>GRANTS FOR TRAINING AND EDUCATION IN INTERNATIONAL AFFAIRS.</heading> <content>“The Secretary of State may make grants to postsecondary educational institutions or students for the purpose of increasing the level of knowledge and awareness of and interest in employment with the Foreign Service, consistent with section 105 of the Foreign<sidenote><p class="indent0 firstIndent0 fontsize8">Minorities.</p></sidenote> Service Act of 1980. To the extent possible, the Secretary shall give special emphasis to promoting such knowledge and awareness of, and interest in employment with, the Foreign Service among minority<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> students. Any grants awarded shall be made pursuant to regulations to be established by the Secretary of State, which shall provide for a limit on the size of any specific grant and, regarding any grants to individuals, shall ensure that no grant recipient receives an amount of grants from one or more Federal programs which in the aggregate would exceed the cost of his or her education, and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds.”.</content> </section> </quotedContent> </content> </paragraph> </section> <section> <num value="151">SEC. 151. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5928">5 USC 5928 note</ref>.</p></sidenote> <heading>DANGER PAY ALLOWANCE.</heading> <content>The Secretary of State may not deny a request by the Drug Enforcement Administration to authorize a danger pay allowance (under section 5928 of title 5, United States Code) for any employee of such agency.</content> </section> <section> <num value="152">SEC. 152. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4140">22 USC 4140 note</ref>.</p></sidenote> <heading>JUDICIAL REVIEW OF CERTAIN FOREIGN SERVICE GRIEVANCES.</heading> <content>For the purposes of judicial review under section 1110 of the Foreign Service Act of 1980, any recommendation made by the Foreign Service Grievance Board with respect to the tenure of a grievant which was reviewed by the Secretary of State before the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, shall be considered to be a final action of the<page identifier="/us/stat/104/43">104 STAT. 43</page> Department of State, and any such recommendation shall be considered to have been made within the authority of the Foreign Service Grievance Board.</content> </section> <section> <num value="153">SEC. 153. </num> <heading>BROADENING THE CULTURAL, GEOGRAPHIC. AND ETHNIC REPRESENTATION OF THE FOREIGN SERVICE AND THE DEPARTMENT OF STATE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <content>The Congress finds that a primary role of the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2656">22 USC 2656 note</ref>.</p></sidenote> Department of State is to represent the interests of the American people in foreign affairs and, as such, should strive to represent and include, among its policy and professional employees, the great diversity of the American people.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Recruitment</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Not later than 120 days after the date of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2656">22 USC 2656 note</ref>.</p></sidenote> enactment of this Act, the Secretary of State shall provide the Congress with a plan to assure that equal efforts are undertaken in each of the regions of the United States to recruit policy and professional Government Service employees and Foreign Service officers for the Department of State and each of its affiliated agencies.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Not later than January 1, 1990, the Secretary of State shall implement the plan provided for in paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report by the Inspector General</inline>.—</heading> <chapeau>Not later than 120 days after the date of enactment of this Act, the Office of Inspector General of the Department of State shall submit to the Congress a report documenting, with respect to geographic distribution, race, ethnicity, gender and handicapping conditions, the composition of the workforce of the policy and professional Government Service employees and Foreign Service officers of the Department and each of its affiliated agencies. The report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a breakdown of current policy and professional Government Service employees and Foreign Service officers of the Department and each of its affiliated agencies by age, race, gender, undergraduate institution, graduate institution, and place of birth;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a breakdown by age, race, gender, ethnic background, undergraduate institution, graduate institution, and place of birth of those persons who during 1988 passed the written portion of the Foreign Service examination but failed the interview portion; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a breakdown by age, race, gender, ethnic background, undergraduate institution, graduate institution, and place of birth of those persons who during 1989 passed the Foreign Service examination.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Prohibition on Discrimination Based on Geographic or Educational Affiliation</inline>.—</heading> <content>Section 105(b)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3905(b)(1)) is amended by inserting “<quotedText>geographic or educational affiliation within the United States,</quotedText>” after “<quotedText>marital status,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Task Force and Report on Hispanic Recruitment</inline>.—</heading> <content>The Secretary of State shall appoint a task force comprised of high-ranking officials to conduct a study and make recommendations concerning improvements in the recruitment and promotion of His panic Americans at the Department of State and within the Foreign Service. Not later than one year after the date of the enactment of this Act, the task force shall submit a report of the findings of such study to the Secretary of State and the appropriate committees of the Congress.</content> </subsection> <page identifier="/us/stat/104/44">104 STAT. 44</page> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Report to Congress on Status of Underrepresented Groups at the Department of State</inline>.—</heading> <content>Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report concerning efforts of the Department of State to improve the percentage of individuals who are at the assistant secretary and head of bureau level at the Department of State from groups which are underrepresented in the Foreign Service in terms of the cultural and ethnic diversity of the Foreign Service.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s3941">22 USC 3941 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Study of Foreign Service Examination</inline>.—</heading> <chapeau>The Secretary of State shall enter into a contract with a private organization for a comprehensive review and evaluation of the Foreign Service examination. Such review and evaluation shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>identify any cultural, racial, ethnic, and sexual bias;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>evaluate the ability of the examination to measure an individual’s aptitude for and potential in the Foreign Service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>consider the relevance of the Foreign Service examination to the work of a Foreign Service officer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>make recommendations for the removal of any element of bias in the examination; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>make recommendations for improvements to achieve an examination free of any bias.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10"><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>Not more than 18 months after the date of the enactment of this Act, the Secretary of State shall prepare and submit a report to the Congress which contains the findings of such review and evaluation, together with the comments of the Secretary and measures which the Secretary has initiated to respond to any adverse findings of such review. Such report shall take into consideration the current efforts by the Department of State to review its Foreign Service examination.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Education.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2665a">22 USC 2665a</ref>.</p></sidenote> <heading><inline class="smallCaps">Foreign Service Fellowships</inline>.—</heading> <content>The Secretary of State is authorized to establish a Foreign Service fellowship program at the Department of State. The Foreign Service fellowship program shall provide a fellowship, for not less than 4 months, for academics in the area of international affairs who are members of the faculty of institutions of higher education. Such program shall give priority consideration in the award of fellowships to individuals teaching in programs in international affairs which serve significant numbers of students who are from cultural and ethnic groups which are underrepresented in the Foreign Service.</content> </subsection> </section> <section> <num value="154">SEC. 154. </num> <heading>REPORT TO CONGRESS CONCERNING POLYGRAPH PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>Not later than January 31, of each of the years 1990 and 1991, the Secretary of State shall prepare and submit an annual report on the polygraph program of the Department of State to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Contents of Report</inline>.—</heading> <chapeau>The report shall provide an assessment of the implementation of the polygraph program during the preceding fiscal year. Together with such other information and comments as the Secretary considers appropriate, the report shall include the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Data on the number of lie-detector tests administered.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A description of the purposes and results of such tests.</content> </paragraph> <page identifier="/us/stat/104/45">104 STAT. 45</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>A description of the criteria used in the selection of programs and individuals for administration of lie-detector tests.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The number of individuals who refused to submit to the administration of such tests.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The number of lie detector tests administered in which a specific incident was not under investigation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>A description of the actions taken when an individual fails or refuses the administration of such tests, including the denial of clearance or any other adverse action.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>A detailed accounting of cases in which more than two administrations of such tests were necessary to resolve discrepancies.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Any proposed changes in regulations for the Department of State polygraph program.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content>For purposes of this section, the term “lie detector” shall have the meaning given such term under section 2 of the Employee Polygraph Protection Act of 1988.</content> </subsection> </section> <section> <num value="155">SEC. 155. </num> <heading>STUDY OF SEXUAL HARASSMENT AT THE DEPARTMENT OF STATE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <content>The June 1988 report of the United States Merit Systems Protection Board entitled “Sexual Harassment in the Federal Government: An Update” determined that the Department of State (including the United States Information Agency) had the highest rate of incidence of sexual harassment of women of any agency of the Federal Government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Study</inline>.—</heading> <content>Subject to the availability of appropriations, not later<sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> than 90 days after the date of the enactment of this Act, the Secretary of State (in consultation with the Director of the United States Information Agency) shall enter into a contract with a private organization with established expertise and demonstrated capabilities in personnel systems and problems for the purpose of conducting a study and preparing a report concerning sexual harassment at the Department of State and the United States Information Agency.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report</inline>.—</heading><chapeau>Together with such other information as is determined to be appropriate and informative, such report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a determination of the reasons for the high rate of incidence of sexual harassment at such Federal agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an evaluation of the actions which have been proposed and implemented by such Federal agencies to respond to the findings of the Merit Systems Protection Board report;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a proposal for further specific actions by each agency; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>recommendations for such changes in administrative procedures, regulations, and legislation as may be considered necessary to address the problem of sexual harassment at the Department of State and the United States Information Agency.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Submission of Report to the Congress</inline>.—</heading> <content>Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit the full and complete report of such study, together with such comments as the Secretary of State or the Director of the United States Information Agency consider appropriate, to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> </section> <page identifier="/us/stat/104/46">104 STAT. 46</page> <section> <num value="156">SEC. 156. </num> <heading>LIMITATION ON HOUSING BENEFITS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5921">5 USC 5921 note</ref>.</p></sidenote> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>The Secretary of State shall establish and implement an appropriate housing policy and space standards in consultation with all agencies with employees outside the United States who are under the authority of the chief of mission or with other agencies or employees who participate in the overseas housing program. Such policy may not provide housing or related benefits based solely on the representational status of the employee, except if such individual is the ambassador, deputy chief of mission, permanent charge, or the consul general when serving as the principal officer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Waiver</inline>.—</heading> <content>The Secretary of State may grant exceptions to the restriction on providing housing or related benefits on a representational basis under subsection (a) on a case-by-case basis where a documented need for such exception is established. The Secretary of State shall prepare a comprehensive list annually of all such exceptions granted under this subsection.</content> </subsection> </section> </part> <part> <num class="centered" value="E">PART E—</num> <heading class="inline">FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE</heading> <section> <num value="161">SEC. 161. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4171">22 USC 4171 note</ref>.</p></sidenote> <heading>EXPANSION OF MODEL FOREIGN LANGUAGE COMPETENCE POSTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Designation of Posts</inline>.—</heading> <content>In order to carry out the purposes of section 702 of the Foreign Service Act of 1980, and in light of the positive report issued on March 28, 1986, by the Department of State, as required by section 2207 of the Foreign Service Act of 1980, the Secretary of State shall designate as model foreign language competence posts a minimum of six Foreign Service posts, representing the Department of State’s five geographic bureaus, in countries where English is not the common language. Such designation shall be made not later than February 1, 1990, and shall be implemented so that not later than October 1, 1991, in the case of non-hard language posts, and October 1, 1992, in the case of hard language posts, each Government employee permanently assigned to those posts shall possess an appropriate level of competence in the language common to the country where the post is located. The Secretary of State shall determine appropriate levels of language competence for employees assigned to those posts by reference to the nature of their functions and the standards employed by the Foreign Service Institute.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">“Hard Language Country” Post To Be Designated</inline>.—</heading> <content>At least one of the posts designated under subsection (a) shall be in a “hard language’’ country, as identified in the report to the Under Secretary of State for Management of May 12, 1986, entitled “Hard Language Proficiency in the Foreign Service”. Such post shall be in one of the countries where the official or principal language is Arabic, Chinese, Japanese, or Russian.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Termination Date</inline>.—</heading> <content>The posts designated under subsection (a) shall continue as model foreign language posts at least until September 30, 1993, in the case of non-hard language posts, and September 30, 1994, in the case of hard language posts. Not later than January 31, 1995, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report describing the operation of such posts and the costs, advantages, and<page identifier="/us/stat/104/47">104 STAT. 47</page> disadvantages associated with meeting the foreign language competence requirements of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Exemption Authority</inline>.—</heading> <chapeau>The Secretary of State may authorize exceptions to the requirements of this section if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he determines that unanticipated exigencies so require; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he immediately reports such exceptions to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Excluded Posts</inline>.—</heading> <content>The posts designated under subsection (a) may not include Dakar, Senegal, or Montevideo, Uruguay. The report required under subsection (c) shall include progress made in these posts in maintaining the high foreign language standards achieved under the initial pilot program.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated such sums as may be necessary to carry out this section.</content> </subsection> </section> <section> <num value="162">SEC. 162. </num> <heading>REPORT ON FOREIGN LANGUAGE ENTRANCE REQUIREMENT FOR THE FOREIGN SERVICE.</heading> <chapeau>Not later than December 31, 1989, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs and the Committee on Post Office and Civil Service of the House of Representatives a report evaluating an entrance requirement for the Foreign Service of at least one world language at the General Professional Speaking Proficiency level, as defined by the Foreign Service Institute, or one nonworld language at the next lowest proficiency level. Such report shall also describe—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the amount of time necessary to implement such a requirement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the use of bonus points on the Foreign Service candidate scoring system for candidates with foreign language ability; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the adjustments necessary to raise otherwise qualified candidates, especially including affirmative action applicants, to the levels required for entrance as evaluated in the report required by this section.</content> </paragraph> </section> <section> <num value="163">SEC. 163. </num> <heading>FOREIGN SERVICE PROMOTION PANELS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4001">22 USC 4001 note</ref>.</p></sidenote> <chapeau>It is the sense of the Congress that, to the greatest extent possible, Foreign Service promotion panels should—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>only promote candidates to the Senior Foreign Service who have demonstrated foreign language proficiency in at least one language at the General Professional Speaking Proficiency level, as defined by the Foreign Service Institute;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>strive for the objective stipulated in the Foreign Service Manual “to be able to use two foreign languages at a minimum professional level of proficiency of S-3/R-3, which is the general professional speaking proficiency level”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>have at least one person on each Foreign Service promotion panel who has attained at least the General Professional Speaking Proficiency level in one language level.</content> </paragraph> </section> <section> <num value="164">SEC. 164. </num> <heading>LANGUAGE PROFICIENCY IN THE EMPLOYEE EVALUATION REPORT.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s4001">22 USC 4001 note</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Assessment of Foreign Language Competence</inline>.—</heading><content>The Department of State and the Agency for International Development shall<page identifier="/us/stat/104/48">104 STAT. 48</page> revise the Employee Evaluation Report for Foreign Service officers, and the United States Information Agency shall revise the Officer Evaluation Report for its Foreign Service officers, to require in a separate entry, an assessment of the employee’s effectiveness in using, in his or her work, a foreign language or languages tested at the general professional speaking proficiency level or above, in cases where the supervisor is capable of making such an assessment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Precedence in Promotion</inline>.—</heading> <content>The directors of personnel of the Department of State, the Agency for International Development, and the United States Information Agency shall instruct promotion panels to take account of language ability and, all matters being otherwise equal, to give precedence in promotions to officers who have achieved at least the General Professional Speaking Proficiency level in one or more foreign languages over officers who lack that level of proficiency.</content> </subsection> </section> </part> <num value="II">TITLE II—</num> <heading class="inline">UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS</heading> <part> <num class="bold" value="A">PART A—</num> <heading class="inline"><b>UNITED STATES INFORMATION AGENCY</b></heading> <section> <num value="201">SEC. 201. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorizations of Appropriations</inline>.—</heading> <chapeau>The following amounts are authorized to be appropriated for the United States Information Agency (other than for the Voice of America) to carry out international information, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, and other purposes authorized by law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Salaries and expenses</inline>.—</heading> <content>For “Salaries and Expenses”, $410,000,000 for the fiscal year 1990 and $432,640,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Television and film service</inline>.—</heading> <content>For “Television and Film Service”, $31,000,000 for the fiscal year 1990 and $32,240,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">National endowment for democracy</inline>.—</heading> <content>For “National Endowment for Democracy” $25,000,000 for the fiscal year 1990 and $25,000,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Center for cultural and technical interchange between east and west</inline>.—</heading> <content>For “Center for Cultural and Technical Interchange between East and West”, $20,700,000 for the fiscal year 1990 and $26,000,000 for the fiscal year 1991.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Seville World’s Fair</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to paragraph (2), there are authorized to be appropriated to the United States Information Agency for fiscal year 1990 $7,300,000 for United States participation in the World’s Fair in Seville, Spain.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Funds made available under this title for any educational or cultural exchange program, Voice of America programming to China, or any overseas post of the United States Information Agency may not be transferred or otherwise made available for the purposes of paragraph (1).</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/49">104 STAT. 49</page> <section> <num value="202">SEC. 202. </num> <heading>DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Historic preservation.</p></sidenote> <chapeau>Section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(a)</quotedText>” after “<quotedText>501.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the second sentence, by striking out “<quotedText>Any</quotedText>” and inserting in lieu thereof “<quotedText>Subject to subsection (b), any</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Director of the United States Information Agency shall make available to the Archivist of the United States, for domestic distribution, motion pictures, films, videotapes, and other material prepared for dissemination abroad 12 years after the initial dissemination of the material abroad or, in the case of such material not disseminated abroad, 12 years after the preparation of the material.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Director of the United States Information Agency shall be reimbursed for any attendant expenses. Any reimbursement to the Director pursuant to this subsection shall be credited to the applicable appropriation of the United States Information Agency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Archivist shall be the official custodian of the material<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> and shall issue necessary regulations to ensure that persons seeking its release in the United States have secured and paid for necessary United States rights and licenses and that all costs associated with the provision of the material by the Archivist shall be paid by the persons seeking its release. The Archivist may charge fees to recover such costs, in accordance with section 2116(c) of title 44, United States Code. Such fees shall be paid into, administered, and expended as part of the National Archives Trust Fund.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </section> <section> <num value="203">SEC. 203. </num> <heading>DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES INFORMATION AGENCY FILM ENTITLED “LONG JOURNEY HOME”.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Historic preservation.</p></sidenote> <chapeau>Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461—1(a)) and the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Director of the United States Information Agency shall make available to the Archivist of the United States a master copy of the film entitled “Long Journey Home”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>upon evidence that necessary United States rights and licenses have been secured and paid for by the person seeking domestic release of the film, the Archivist shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>reimburse the Director for any expenses of the Agency in making that master copy available;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>deposit that film in the National Archives of the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>make copies of that film available for purchase and<sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> public viewing within the United States.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency.</continuation> </paragraph> </section> <section> <num value="204">SEC. 204. </num> <heading>THE J. WILLIAM FULBRIGHT FOREIGN SCHOLARSHIP BOARD.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Amendments to the Mutual Educational and Cultural Exchange Act of</inline> 1961.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 106(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2456(a)(1)) is amended in paragraph (1), by striking out “<quotedText>Board of Foreign Scholarships</quotedText>” and inserting in lieu thereof “<quotedText>board of foreign scholarships<page identifier="/us/stat/104/50">104 STAT. 50</page> which shall be known as the ‘J. William Fulbright Foreign Scholarship Board’ </quotedText>”,</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Section 112 of such Act (22 U.S.C. 2460) is amended—</chapeau> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and</content> </subparagraph> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting after subsection (a) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>All recipients of Fulbright Academic Exchange and Humphrey Fellowship awards shall have full academic and artistic freedom, including freedom to write, publish, and create. No award granted pursuant to this Act may be revoked or diminished on account of the political views expressed by the recipient or on account of any scholarly or artistic activity that would be subject to the protections of academic and artistic freedom normally observed in universities in the United States. The Board shall ensure that the academic and artistic freedoms of all persons receiving grants are protected.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The J. William Fulbright Foreign Scholarship Board shall formulate a policy on revocation of Fulbright grants which shall be made known to all grantees. Such policy shall fully protect the right to due process as well as the academic and artistic freedom of all grantees.”.</content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2456">22 USC 2456 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Continued Service of Members of Board of Foreign Scholarships</inline>.—</heading> <content>Each member appointed to the Board of Foreign Scholarships before the date of the enactment of this Act shall continue to serve for the remainder of the term to which each such member was appointed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2456">22 USC 2456 note</ref>.</p></sidenote> <heading><inline class="smallCaps">References in Law</inline>.—</heading> <content>Any reference in any provision of law to the Board of Foreign Scholarships shall, on and after the date of enactment of this Act, be deemed to be a reference to the J. William Fulbright Foreign Scholarship Board.</content> </subsection> </section> <section> <num value="205">SEC. 205. </num> <heading>USIA SATELLITE AND TELEVISION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Title V of the United States Information and Educational Exchange Act of 1948 is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="505">“SEC. 505. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1464a">22 USC 1464a</ref>.</p></sidenote> <heading>USIA SATELLITE AND TELEVISION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>The Director of the United States Information Agency is authorized to lease or otherwise acquire time on commercial or United States Government satellites for the purpose of transmitting materials and programs to posts and other users abroad.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Broadcast Principles</inline>.—</heading> <chapeau>The Congress finds that the longterm interests of the United States are served by communicating directly with the peoples of the world by television. To be effective, the United States Information Agency must win the attention and respect of viewers. These principles will therefore govern the Agency’s television broadcasts (hereinafter in this section referred to as ‘USIA-TV’):</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>USIA-TV will serve as a consistently reliable and authoritative source of news. USIA-TV news will be accurate and objective.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>USIA-TV will represent the United States, not any single segment of American society and will, therefore, present a balanced and comprehensive projection of significant American thought and institutions.</content> </paragraph> <page identifier="/us/stat/104/51">104 STAT. 51</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>USIA-TV will present the policies of the United States clearly and effectively and will also present responsible discussions and opinion on these policies.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Programs</inline>.—</heading> <chapeau>The Director of the United States Information Agency is authorized to produce, acquire, or broadcast television programs, via satellite, only if such programs—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>are interactive, consisting of interviews among participants in different locales;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>cover news, public affairs, or other current events;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>cover official activities of government, Federal or State, including congressional proceedings and news briefings of any agency of the Executive branch; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>are of an artistic or scientific character or are otherwise representative of American culture.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Costs</inline>.—</heading> <content>When a comparable program produced by United States public or commercial broadcasters and producers is available at a cost which is equal to or less than the cost of production by USIA-TV, the Director of the United States Information Agency shall use such materials in preference to USIA-TV produced materials.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Allocation of Funds</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Of the funds authorized to be appropriated to the United States Information Agency not more than $12,000,000 for the fiscal year 1990 and not more than $12,480,000 for the fiscal year 1991 may be obligated or expended for USIA-TV.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The United States Information Agency shall prepare and<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> submit to the Congress quarterly reports which contain a detailed explanation of expenditures for USIA-TV during the fiscal years 1990 and 1991. Such reports shall contain specific justification and supporting information pertaining to all programs, particularly those described in subsection (c)(4), that were produced in-house by USIA-TV. Each such report shall include a statement by the Director of the United States Information Agency that, according to the best information available to the United States Information Agency, no comparable United States commercially-produced or public television program is available at a cost which is equal to or less than the cost of production by USIA-TV.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Of the funds authorized to be appropriated to the United States Information Agency, $1,500,000 for the fiscal year 1990 and $1,500,000 for the fiscal year 1991 shall be available only for the purchase or use of programs produced with grants from the Corporation for Public Broadcasting or produced by United States public broadcasters.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Conforming Amendment</inline>.—</heading> <content>Section 209 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) is amended by striking out subsection (e). <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/101/1374">101 Stat. 1374</ref>.</p></sidenote></content> </subsection> </section> <section> <num value="206">SEC. 206. </num> <heading>UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Section 604 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1469) is amended to read as follows: <page identifier="/us/stat/104/52">104 STAT. 52</page> <quotedContent> <section> <num value="604">“SEC. 604. </num> <heading>UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>There is established an advisory commission to be known as the United States Advisory Commission on Public Diplomacy.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <content>The Commission shall consist of seven members appointed by the President, by and with the advice and consent of the Senate. The members of the Commission shall represent the public interest and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor, business, and professional backgrounds. Not more than four members shall be from any one political party.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term of each member shall be 3 years, except that of the original seven appointments, two shall be for a term of 1 year and two shall be for a term of 2 years.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Any member appointed to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of a member’s term of office, such member may continue to serve until a successor is appointed and qualified.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <content>The President shall designate a member to chair the Commission.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Staff</inline>.—</heading> <chapeau>The Commission shall have a staff director who shall be appointed by the chairperson of the Commission. Subject to such rules and regulations as may be adopted by the Commission, the chairperson of the Commission may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>appoint such additional personnel for the staff of the Commission as the chairperson considers necessary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Duties and Responsibilities</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall formulate and recommend to the Director of the United States Information Agency, the Secretary of State, and the President policies and programs to carry out the functions vested in the Director or the Agency, and shall appraise the effectiveness of policies and programs of the Agency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The Commission shall submit to the Congress, the President, the Secretary of State, and the Director of the United States Information Agency annual reports on programs and activities carried out by the Agency, including appraisals, where feasible, as to the effectiveness of the several programs. The Commission shall also include in such reports such recommendations as shall have been made by the Commission to the Director for effectuating the purposes of the Agency, and the action taken to carry out such recommendations.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The Commission may also submit such other reports to the Congress as it considers appropriate, and shall make reports to the public in the United States and abroad to develop a better understanding of and support for the programs conducted by the Agency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The Commission’s reports to the Congress shall include assessments of the degree to which the scholarly integrity and nonpolitical character of the educational and cultural exchange activities vested<page identifier="/us/stat/104/53">104 STAT. 53</page> in the Director of the United States Information Agency have been maintained, and assessments of the attitudes of foreign scholars and governments regarding such activities.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Limitation on Authority</inline>.—</heading> <content>The Commission shall have no authority with respect to the J. William Fulbright Foreign Scholarship Board or the United States National Commission for UNESCO”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Continued Service of Members of Commission</inline>.—</heading> <content>Each<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1469">22 USC 1469 note</ref>.</p></sidenote> member of the United States Advisory Commission on Public Diplomacy as in existence on the day before the effective date of section 604 of the United States Information and Educational Exchange Act of 1948 (as amended by section 213 of Public Law 100–204) shall continue to serve for the remainder of the term to which such member was appointed.</content> </subsection> </section> <section> <num value="207">SEC. 207. </num> <heading>FOREIGN LANGUAGE SERVICES.</heading> <content>Section 804(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) is amended by inserting “<quotedText>when job vacancies occur</quotedText>” after “<quotedText>available</quotedText>”.</content> </section> <section> <num value="208">SEC. 208. </num> <heading>USE OF CERTAIN FEES AND PAYMENTS.</heading><content>Section 810 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as follows: <quotedContent> <section> <num value="810">“SEC. 810. </num> <heading>USE OF CERTAIN FEES AND PAYMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Notwithstanding section 3302 of title 31, United States Code, or any other law or limitation of authority, fees received by or for the use of the United States Information Agency from or in connection with English-teaching and library services, and Agency-produced publications, and not to exceed $100,000 of payments from motion picture and television programs, produced or conducted by or on behalf of the Agency under the authority of this Act or the Mutual Educational and Cultural Exchange Act of 1961 is authorized to be credited each fiscal year to the appropriate appropriation of the United States Information Agency to such extent as may be provided in advance in an appropriation Act.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="209">SEC. 209. </num> <heading>DEBT COLLECTION.</heading> <content>Title VIII of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1472 et seq.) is amended by adding at the end thereof the following: <quotedContent> <section> <num value="811">“SEC. 811. </num> <heading>DEBT COLLECTION.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1475f">22 USC 1475f</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Contract Authority</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to the availability of appropriations, the Director of the United States Information Agency shall enter into contracts for collection services to recover indebtedness owed by a person, other than a foreign country, to the United States which arises out of activities of the United States Information Agency and is delinquent by more than 90 days.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each contract entered into under this section shall provide<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> that the person with whom the Director of the United States Information Agency enters into such contract shall submit to the Director at least once every 180 days a status report on the success of the person in collecting debts. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent that such section is not inconsistent with this subsection.</content> </paragraph> </subsection> <page identifier="/us/stat/104/54">104 STAT. 54</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Disclosure of Delinquent Debt to Credit Reporting Agencies</inline>.—</heading> <content>The Director of the United States Information Agency shall, to the extent otherwise allowed by law, disclose to those credit reporting agencies to which the Director reports loan activity information concerning any debt of more than $100 owed by a person, other than a foreign country, to the United States which arises out of activities of the United States Information Agency and is delinquent by more than 31 days.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="210">SEC. 210. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1461">22 USC 1461 note</ref>.</p></sidenote> <heading>USIA NETWORK FOR DISSEMINATION OF INFORMATION CONCERNING UNITED STATES PROGRAMS TO COMBAT NARCOTICS AND OTHER CONTROLLED SUBSTANCES.</heading> <chapeau>The United States Information Agency shall establish and maintain an international narcotics information network. The network shall disseminate prompt, accurate, and comprehensive information to foreign governments concerning programs and activities of the United States Government—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to eliminate the illicit production, trafficking, and abuse of narcotic and psychotropic drugs and other controlled substances within the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to promote drug prevention and rehabilitation in the United States.</content> </paragraph> </section> <section> <num value="211">SEC. 211. </num> <heading>AFGHANISTAN COUNTRY PLAN.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Maintenance of Plan</inline>.—</heading> <content>The Director of the United States Information Agency shall maintain a comprehensive country plan for the Agency’s activities with respect to Afghanistan, consistent with the plan submitted to the Congress for the fiscal year 1989.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than March 1, 1990, the Director of the United States Information Agency shall submit to the Congress a report describing the Afghanistan country plan and including a specific outline on how that country plan will be adapted for implementation inside a free Afghanistan.</content> </subsection> </section> <section> <num value="212">SEC. 212. </num> <heading>GENERAL ACCOUNTING OFFICE STUDY OF THE NATIONAL ENDOWMENT FOR DEMOCRACY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Study of NED</inline>.—</heading> <chapeau>The Comptroller General of the United States shall conduct a study of the operations of the National Endowment for Democracy. Such study shall evaluate—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the programs and operations of the National Endowment for Democracy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the effectiveness of the National Endowment for Democracy in fulfilling its goals; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>the management structure of the National Endowment for Democracy, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>an assessment of the present composition of the board of directors; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the capability and effectiveness of the board in providing objective oversight of the programs and operations of the National Endowment for Democracy.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit a report of the findings of such study to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> </section> <page identifier="/us/stat/104/55">104 STAT. 55</page> <section> <num value="213">SEC. 213. </num> <heading>REPORT TO CONGRESS ON THE ACQUISITION AND USE OF PUBLIC PROGRAMMING MATERIALS.</heading> <content>Not later than 90 days after the date of enactment of this Act, the Director of the United States Information Agency shall provide to the chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives a detailed report describing all programming material acquired by the United States Information Agency in the fiscal years 1988 and 1989 from public television and radio entities, including a description of how such program material was utilized by the United States Information Agency, in whole or in part, in original or edited form. Such report shall include a description of projected United States Information Agency use of programming material acquired for public television and radio entities through the fiscal year 1992.</content> </section> </part> <part> <num class="bold" value="B">PART B—</num> <heading class="inline"><b>BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS</b></heading> <section> <num value="221">SEC. 221. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <chapeau>In addition to amounts otherwise made available under section 201 for such purposes, there are authorized to be appropriated to the Bureau of Educational and Cultural Affairs to carry out the purposes of the Mutual Educational and Cultural Exchange Act of 1961 the following amounts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>For “Salaries and Expenses”, $43,323,000 for the fiscal year 1990 and $45,056,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For the Fulbright Academic Exchange Programs, $97,460,000 for the fiscal year 1990 and $101,358,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For the Hubert H. Humphrey Fellowship Program, $5,500,000 for the fiscal year 1990 and $5,720,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>For the International Visitors Program, $41,817,000 for the fiscal year 1990 and $43,490,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>For the Arts America Program, $6,400,000 for the fiscal year 1990 and $6,656,000 for the fiscal year 1991.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Allocation of Funds</inline>.—</heading> <content>Of the amounts authorized to be appropriated by subsection (a)(1), $150,000 for the fiscal year 1990 and $200,000 for the fiscal year 1991 shall be available only for the training at the University of Maine and in Washington, District of Columbia, of media personnel from developing French-speaking countries. The voice of America International Broadcast Training Center shall administer such training program. The Bureau of Educational and Cultural Exchanges shall provide to the center such assistance as may be necessary in the facilitation of such program.</content> </subsection> </section> <section> <num value="222">SEC. 222. </num> <heading>CITIZEN EXCHANGES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Section 112 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>There is established in the Bureau of Educational and Cultural<sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> Affairs an Office of Citizen Exchanges. The Office shall support private not-for-profit organizations engaged in the exchange of persons between the United States and other countries.”.</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/104/56">104 STAT. 56</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2460">22 USC 2460 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Transfer of Functions</inline>.—</heading> <content>There are hereby transferred to the Office of Citizen Exchanges on the date of enactment of this Act all functions carried out by the Office of Private Sector Programs on the day before such date.</content> </subsection> </section> <section> <num value="223">SEC. 223. </num> <heading>PROGRAMS TO PROMOTE INTERNATIONAL YOUTH UNDERSTANDING.</heading> <content>Section 112(a)(8) of the Mutual Educational and Cultural Exchange Act (22 U.S.C. 2460(a)(8)) is amended by inserting after “<quotedText>degree</quotedText>” the following: “<quotedText>or through other programs designed to promote contact between the young peoples of the United States, the Soviet Union, and Eastern European countries</quotedText>”.</content> </section> <section> <num value="224">SEC. 224. </num> <heading>UNITED STATES-SOVIET EXCHANGES.</heading> <content>The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">“Sec</inline>. 113. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S. International agreements.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2461">22 USC 2461</ref>.</p></sidenote> <heading><inline class="smallCaps">United States-Soviet Exchanges</inline>.—</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The President is authorized to negotiate and implement an agreement with the Union of Soviet Socialist Republics under which repayments made by the Soviet Union on Lend-Lease debts to the United States would be used to finance the exchange of persons between the United States and the Soviet Union for educational, cultural, and artistic purposes. Exchanges authorized pursuant to this section shall be administered subject to the provisions of this Act. Part of the funds repaid to the United States shall be in convertible currency for the purpose of paying the expenses associated with study and other exchange activities by Soviet citizens in the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Funds made available for the purposes of this section shall be available only to the extent and in the amounts provided for in an appropriation Act.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="225">SEC. 225. </num> <heading>SCHOLARSHIPS FOR TIBETANS AND BURMESE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Allocation of Scholarships</inline>.—</heading> <content>Of the funds authorized to be appropriated by section 221 for each of the fiscal years 1990 and 1991, not less than 30 scholarships shall be made available to Tibetan students and professionals who are outside Tibet, and not less than 15 scholarships shall be made available to Burmese students and professionals who are outside Burma.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Waiver</inline>.—</heading> <content>Subsection (a) shall not apply to the extent that the Director of the United States Information Agency determines that there are not enough qualified students to fulfill such allocation requirement.</content> </subsection> </section> <section> <num value="226">SEC. 226. </num> <heading>SENSE OF CONGRESS CONCERNING THE HUMPHREY FELLOWSHIP PROGRAM.</heading> <content>It is the sense of the Congress that the United States Information Agency should review the Humphrey Fellowship Program and consider the feasibility of broadening the placement of fellows under such program to provide exposure to the processes of the United States Government, the Congress, and State and local governmental processes.</content> </section> </part> <page identifier="/us/stat/104/57">104 STAT. 57</page> <part> <num class="bold" value="C">PART C—</num> <heading class="inline"><b>VOICE OF AMERICA</b></heading> <section> <num value="231">SEC. 231. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading><chapeau>There are authorized to be appropriated to the United States Information Agency for the Voice of America for carrying out title V of the United States Information and Educational Exchange Act of 1948 and the Radio Broadcasting to Cuba Act the following amounts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Salaries and expenses</inline>.—</heading> <content>For “Salaries and Expenses”, $170,024,000 for the fiscal year 1990 and $176,825,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Acquisition and construction of radio facilities</inline>.—</heading> <content>For “Acquisition and Construction of Radio Facilities”, $69,000,000 for the fiscal year 1990 and $122,000,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Radio broadcasting to cuba</inline>.—</heading> <content>For “Radio Broadcasting to Cuba”, $12,700,000 for the fiscal year 1990 and $13,208,000 for the fiscal year 1991.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">VOA Europe</inline>.—</heading> <content>For “VOA Europe”, $3,000,000 for the fiscal year 1990 and $3,120,000 for the fiscal year 1991.</content> </paragraph> </section> <section> <num value="232">SEC. 232. </num> <heading>VOICE OF AMERICA HIRING PRACTICES.</heading> <content>Title V of the United States Information and Educational Exchange Act of 1948 is further amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="506">“SEC. 506. </num> <heading>VOICE OF AMERICA HIRING PRACTICES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1464b">22 USC 1464b</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Prohibition</inline>.—</heading> <content>After the date of enactment of this section, the Voice of America shall not select candidates for employment who must be or are preapproved for employment at the Voice of America by a foreign government or an entity controlled by a foreign government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading> <chapeau>The prohibition referred to in this section shall not apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>participants in the Voice of America’s exchange programs; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>clerical, technical, or maintenance staff at Voice of America offices in foreign countries.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Report</inline>.—</heading> <chapeau>If the Director of the United States Information Agency determines that the prohibition under subsection (a) would require the termination of a specific Voice of America foreign language service, then, not less than 90 days before the Agency begins to recruit such candidates, the Director shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report concerning—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the number and location of speakers of the applicable foreign language who could be recruited by the Voice of America without violating this section; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the efforts made by the Voice of America to recruit such individuals for employment.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <num value="233">SEC. 233. </num> <heading>VOA PUBLIC SERVICE ANNOUNCEMENTS TO PROMOTE CHILD SURVIVAL.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1463">22 USC 1463 note</ref>.</p></sidenote> <content>The United States Information Agency shall establish and maintain through the Voice of America a system of public service announcements focusing on child survival techniques.</content> </section> <page identifier="/us/stat/104/58">104 STAT. 58</page> <section> <num value="234">SEC. 234. </num> <heading>VOICE OF AMERICA BROADCASTS TO TIBET.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Establishment of Service</inline>.—</heading> <content>Not later than 90 days after the date of enactment of this Act, the Director of the United States Information Agency shall establish through the Voice of America, a service to provide Voice of America Tibetan language programming to the people of Tibet.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Amount of Programming</inline>.—</heading> <content>For each of the fiscal years 1990 and 1991, programming broadcasts to the people of Tibet pursuant to this section shall occur for not less than two hours each day.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report</inline>.—</heading> <content>As soon as possible in the fiscal year 1990, the Director of the United States Information Agency shall submit to the Congress a comprehensive written report detailing the implementation of the programming provided for in this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>In addition to funds otherwise available under subsection (e), there are authorized to be appropriated to the Voice of America for purposes of carrying out this section $1,000,000 for each of the fiscal years 1990 and 1991.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Transfer Authority</inline>.—</heading> <content>The Director of the United States Information Agency may transfer to Voice of America Tibet Service such amounts appropriated for the “Television and Film Service” for each of the fiscal years 1990 and 1991 as exceed the amounts authorized to be appropriated for each such fiscal year for such Service.</content> </subsection> </section> <section> <num value="235">SEC. 235. </num> <heading>VOICE OF AMERICA’S THAILAND RADIO FACILITIES.</heading> <content>The Director of the United States Information Agency may enter into a contract for the construction of the Voice of America’s Thailand radio facilities for periods not in excess of 5 years or delegate such authority to the Corps of Engineers of the United States Department of the Army if there are sufficient funds to cover at least the Government’s liability for payments for the fiscal year in which the contract is awarded plus the full amount of estimated cancellation costs.</content> </section> <section> <num value="236">SEC. 236. </num> <heading>VOICE OF AMERICA BROADCASTS TO THE PEOPLE’S REPUBLIC OF CHINA.</heading> <content>For each of the fiscal years 1990 and 1991, the Voice of America shall provide not less than 12 hours of programming each day for the People’s Republic of China.</content> </section> <section> <num value="237">SEC. 237. </num> <heading>VOICE OF AMERICA EQUIPMENT ABROAD.</heading> <content>It is the sense of the Congress that the United States Information Agency and the Voice of America should take every step necessary to ensure that existing Voice of America equipment abroad is properly maintained and enhanced to prevent deterioration.</content> </section> </part> <part> <num class="bold" value="D">PART D—</num> <heading class="inline"><b>TELEVISION BROADCASTING TO CUBA</b></heading><sidenote><p class="indent0 firstIndent0 fontsize8">Television Broadcasting to Cuba Act.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465aa">22 USC 1465aa note</ref>.</p></sidenote> <section> <num value="241">SEC. 241. </num> <heading>SHORT TITLE.</heading> <content>This part may be cited as the “<shortTitle role="part">Television Broadcasting to Cuba Act</shortTitle>”.</content> </section> <section> <num value="242">SEC. 242. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465aa">22 USC 1465aa</ref>.</p></sidenote> <heading>FINDINGS AND PURPOSES.</heading><chapeau>The Congress finds and declares that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accord-<page identifier="/us/stat/104/59">104 STAT. 59</page>ance with article 19 of the Universal Declaration of Human Rights;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>consonant with this policy, television broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba and, in particular, information about Cuba;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>television broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in accordance with high professional standards, would be in the national interest;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>facilities broadcasting television programming to Cuba must be operated in a manner consistent with applicable regulations of the Federal Communications Commission, and must not affect the quality of domestic broadcast transmission or reception; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>that the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant American thought and institutions, but that there is a need for television broadcasts to Cuba which provide news, commentary, and other information about events in Cuba and elsewhere to promote the cause of freedom in Cuba.</content> </paragraph> </section> <section> <num value="243">SEC. 243. </num> <heading>TELEVISION BROADCASTING TO CUBA.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465bb">22 USC 1465bb</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Television Broadcasting to Cuba</inline>.—</heading> <content>In order to carry out the purposes set forth in section 242 and notwithstanding the limitation of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect to the dissemination in the United States of information prepared for dissemination abroad to the extent such dissemination is inadvertent, the United States Information Agency (hereafter in this part referred to as the “Agency”) shall provide for the open communication of information and ideas through the use of television broadcasting to Cuba. Television broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Voice of America Standards</inline>.—</heading> <content>Television broadcasting to Cuba under this part shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">USIA Television Marti</inline>.—</heading> <content>Any program of United States Government television broadcasts to Cuba authorized by this section shall be designated “USIA Television Marti Program”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Frequency Assignment</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subject to the Communications Act of 1934, the Federal Communications Commission shall assign by order a suitable frequency to further the national interests expressed in this part, except that no such assignment shall result in objectionable interference with the broadcasts of any domestic licensee.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable interference caused by broadcasting of the Service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For purposes of section 305 of the Communications Act of 1934, a television broadcast station established for purposes of this part shall be treated as a government station, but the Federal Communications Commission shall exercise the author-<page identifier="/us/stat/104/60">104 STAT. 60</page>ity of the President under such section to assign a frequency to such station.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Interference With Domestic Broadcasting</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Broadcasting by the Television Marti Service shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objectionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regarding objectionable interference as any domestic licensee. The Federal Communications Commission shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a complaint from any person, the Federal Communications Commission determines, in its discretion, that broadcasting by the Television Marti Service is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communications Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broadcasts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Federal Communications Commission shall take such actions as are necessary and appropriate to assist domestic licensees in overcoming the adverse effects of objectionable interference caused by broadcasting by the Television Marti Service. Such assistance may include the authorization of non-directional increases in the effective radiated power of a domestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If the Federal Communications Commission directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall continue to notify the appropriate committees of Congress of progress in eliminating the objectionable interference and shall assure that Congress is fully informed about the operation of the Television Marti Service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <heading><inline class="smallCaps">Monitoring of Interference</inline>.—</heading> <chapeau>The Federal Communications Commission shall continually monitor and periodically report to the appropriate committees of the Congress interference to domestic broadcast licensees—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>from the operation of Cuban television and radio stations; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>from the operations of the television broadcasting to Cuba.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading><inline class="smallCaps">Task Force</inline>.—</heading> <content>It is the sense of the Congress that the President should establish a task force to analyze the level of interference from the operation of Cuban television and radio stations experienced by broadcasters in the United States and to seek a practical political and technical solution to this problem.</content> </subsection> </section> <page identifier="/us/stat/104/61">104 STAT. 61</page> <section> <num value="244">SEC. 244. </num> <heading>TELEVISION MARTI SERVICE OF THE UNITED STATES INFORMATION AGENCY.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465cc">22 USC 1465cc</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Television Marti Service</inline>.—</heading> <content>The Director of the United States Information Agency shall establish within the Voice of America a Television Marti Service. The Service shall be responsible for all television broadcasts to Cuba authorized by this part. The Director of the United States Information Agency shall appoint a head of the Service who shall report directly to the Director of the Voice of America. The head of the Service shall employ such staff as the head of the Service may need to carry out the duties of the Service.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Use of Existing Facilities of the USIA</inline>.—</heading> <content>To assure consistency of presentation and efficiency of operations in conducting the activities authorized under this part, the Television Marti Service shall make maximum feasible utilization of Agency facilities and management support, including Voice of America: Cuba Service, Voice of America, and the United States Information Agency Television Service.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">USIA Authority</inline>.—</heading> <content>The Agency may carry out the purposes of this part by means of grants, leases, or contracts (subject to the availability of appropriations), or such other means as the Agency determines will be most effective.</content> </subsection> </section> <section> <num value="245">SEC. 245. </num> <heading>AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Advisory Board for Cuba Broadcasting</inline>.—</heading> <chapeau>Section 5 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465c) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending the heading to read as follows: “<quotedText><inline class="smallCaps">advisory board for cuba broadcasting</inline></quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending subsections (a) and (b) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>There is established within the Office of the President the<sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> Advisory Board for Cuba Broadcasting (hereafter in this Act referred to as the ‘Board’). The Board shall consist of nine members, appointed by the President by and with the advice and consent of the Senate, of whom not more than five shall be members of the same political party. The President shall designate one member of the Board to serve as chairperson.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Board shall review the effectiveness of the activities carried out under this Act and the Television Broadcasting to Cuba Act and shall make recommendations to the President and the Director and Associate Director for Broadcasting of the United States Information Agency as it may consider necessary.”;</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by amending subsection (d) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The head of the Cuba Service and the head of the Television Marti Service shall serve, ex officio, as members of the Board.”; and</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in the last sentence of subsection (e) by striking out “<quotedText>The ex officio member</quotedText>” and inserting in lieu thereof “<quotedText>The ex officio members</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">References</inline>.—</heading> <content>A reference in any provision of law to the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465c">22 USC 1465c note</ref>.</p></sidenote> “Advisory Board for Radio Broadcasting to Cuba” shall be considered to be a reference to the “Advisory Board for Cuba Broadcasting”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Continued Service of Members of Board</inline>.—</heading> <content>Each member of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465c">22 USC 1465c note</ref>.</p></sidenote> the Advisory Board for Radio Broadcasting to Cuba as in existence on the day before the effective date of the amendment made by subsection (a) shall continue to serve for the remainder of the term to which such member was appointed as a member of the Advisory Board for Cuba Broadcasting.</content> </subsection> <page identifier="/us/stat/104/62">104 STAT. 62</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465c">22 USC 1465c note</ref>.</p></sidenote> <heading><inline class="smallCaps">Staff Director</inline>.—</heading> <content>The Board shall have a staff director who shall be appointed by the Chairperson of the Advisory Board for Cuba Broadcasting.</content> </subsection> </section> <section> <num value="246">SEC. 246. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465dd">22 USC 1465dd</ref>.</p></sidenote> <heading>ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.</heading> <content>In order to assist the United States Information Agency in carrying out the provisions of this part, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Agency.</content> </section> <section> <num value="247">SEC. 247. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465ee">22 USC 1465ee</ref>.</p></sidenote> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>In addition to amounts otherwise made available under section 201 for such purposes, there are authorized to be appropriated to the United States Information Agency, $16,000,000 for the fiscal year 1990 and $16,000,000 for the fiscal year 1991 for television broadcasting to Cuba in accordance with the provisions of this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limitation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subject to paragraph (2), no funds authorized to be appropriated under subsection (a) may be obligated or expended unless the President determines and notifies the appropriate committees of Congress that the test of television broadcasting to Cuba (as authorized by title V of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100–459)) has demonstrated television broadcasting to Cuba is feasible and will not cause objectionable interference with the broadcasts of<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> incumbent domestic licensees. The Federal Communications Commission shall furnish to the appropriate committees of Congress all interim and final reports and other appropriate documentation concerning objectionable interference from television broadcasting to Cuba to incumbent domestic licensees.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <chapeau>Not less than 30 days before the President makes the determination under paragraph (1), the President shall submit a report to the appropriate committees of the Congress which includes the findings of the test of television broadcasting to Cuba. The period for the test of television broadcasting may be extended until—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the date of the determination and notification by the President under paragraph (1), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>30 days, whichever comes first.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="248">SEC. 248. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s1465fF">22 USC 1465ff</ref>.</p></sidenote> <heading>DEFINITIONS.</heading> <chapeau>As used in this part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “licensee” has the meaning provided in section 3(c) of the Communications Act of 1934;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “incumbent domestic licensee” means a licensee as provided in section 3(c) of the Communications Act of 1934 that was broadcasting a television signal as of January 1, 1989;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the term “objectionable interference” shall be applied in the same manner as such term is applied under regulations of the Federal Communications Commission to other domestic broadcasters; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the term “appropriate committees of Congress” includes the Committee on Foreign Affairs and the Committee on<page identifier="/us/stat/104/63">104 STAT. 63</page> Energy and Commerce of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </paragraph> </section> </part> <num value="III">TITLE III—</num> <heading class="inline">BOARD FOR INTERNATIONAL BROADCASTING</heading> <section> <num value="301">SEC. 301. </num> <heading>AUTHORIZATIONS OF APPROPRIATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Amendment to Board for International Broadcasting Act of 1973</inline>.—</heading> <content>Subparagraph (A) of section 8(a)(1) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1)) is amended to read as follows: <quotedContent> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$180,330,000 for the fiscal year 1990 and $187,543,000 for the fiscal year 1991, at April 21, 1989, exchange rates, and such additional amounts for each such fiscal year as may be necessary to offset adverse fluctuations in foreign currency exchange rates after such date; and”.</content> </subparagraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Radio Transmitter Construction and Modernization</inline>.—</heading> <content>There are authorized to be appropriated to the Board for International Broadcasting for radio transmitter construction and modernization $15,845,000 for the fiscal year 1990 and $12,000,000 for the fiscal year 1991. Amounts appropriated under this subsection are authorized to remain available until expended.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Broadcasting Relay Station in Israel</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>There are authorized to be appropriated to the Board for International Broadcasting for the costs associated with construction of a relay station in Israel, $183,500,000 for the fiscal year 1990 and $23,500,000 for the fiscal year 1991. Amounts appropriated under this subsection are authorized to remain available until expended.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>To the extent not precluded by the international agreement with the host foreign country of June 18, 1987, and to the extent practicable, not less than 10 percent of the amounts which are authorized to be appropriated under paragraph (1), and which are available for contracts with United States contractors, shall be made available only for contracts and subcontracts with economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance Act of 1977).</content> </paragraph> </subsection> </section> <section> <num value="302">SEC. 302. </num> <heading>REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2877a">22 USC 2877a</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Limitation on Obligation and Expenditure of Funds</inline>.—</heading> <chapeau>Notwithstanding any other provision of law, for the fiscal year 1990 and for each subsequent fiscal year, any funds appropriated for the Board for International Broadcasting shall not be available for obligation or expenditure—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>unless such funds are appropriated pursuant to an authorization of appropriations; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in excess of the authorized level of appropriations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Subsequent Authorization</inline>.—</heading> <content>The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Application</inline>.—</heading> <chapeau>The provisions of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and</content> </paragraph> <page identifier="/us/stat/104/64">104 STAT. 64</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered by the Board for International Broadcasting.</content> </paragraph> </subsection> </section> <section> <num value="303">SEC. 303. </num> <heading>PROCUREMENT OF LEGAL SERVICES.</heading> <content>Section 26(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2698) is amended by striking out “<quotedText>International Communication Agency</quotedText>” and inserting in lieu thereof “<quotedText>United States Information Agency, the chairman of the Board for International Broadcasting,</quotedText>”.</content> </section> <section> <num value="304">SEC. 304. </num> <heading>RADIO FREE AFGHANISTAN.</heading> <content>Section 2(5) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2871(5)) is amended by striking out “<quotedText>(as long as it is under Soviet occupation)</quotedText>” and inserting in lieu thereof “<quotedText>(until the government in Kabul is replaced by a government achieved through a free act of self-determination)</quotedText>”.</content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">INTERNATIONAL ORGANIZATIONS AND COMMISSIONS</heading> <section> <num value="401">SEC. 401. </num> <heading>UNITED STATES MEMBERSHIP IN INTERNATIONAL SUGAR ORGANIZATION AND INTERNATIONAL TROPICAL TIMBER ORGANIZATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">United States Membership</inline>.—</heading> <content>The President is authorized to maintain membership of the United States in the International Sugar Organization and the International Tropical Timber Organization.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Payment of Assessed Contributions</inline>.—</heading> <content>For the fiscal year 1991 and for each fiscal year thereafter, the United States assessed contributions to such organizations may be paid from funds appropriated for “Contributions to International Organizations”.</content> </subsection> </section> <section> <num value="402">SEC. 402. </num> <heading>AUTHORIZATION FOR MEMBERSHIP IN THE INTERNATIONAL UNION FOR THE CONSERVATION OF NATURE AND NATURAL RESOURCES.</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>The President is authorized to maintain membership of the United States in the International Union for the Conservation of Nature and Natural Resources (IUCN).</content> </section> <section> <num value="403">SEC. 403. </num> <heading>AUTHORIZATION OF APPROPRIATIONS FOR MEMBERSHIP IN WILDLIFE CONVENTIONS.</heading> <chapeau>There are authorized to be appropriated to the President $1,511,000 for the fiscal year 1990 and $1,571,440 for the fiscal year 1991 in support of United States participation in the following international environmental organizations and conventions of which not more than—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$650,000 for the fiscal year 1990 shall be available for dues and arrearages for United States contributions to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$231,000 for the fiscal year 1990 shall be available for dues and arrearages for United States contributions to the International Tropical Timber Organization (ITTO);</content> </paragraph> <page identifier="/us/stat/104/65">104 STAT. 65</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$450,000 for the fiscal year 1990 shall be available to support United States participation in the World Heritage Convention; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>$180,000 for the fiscal year 1990 shall be available to support United States participation in the International Union for the Conservation of Nature and Natural Resources.</content> </paragraph> </section> <section> <num value="404">SEC. 404. </num> <heading>AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION ON THE UKRAINE FAMINE.</heading> <content>There are authorized to be appropriated for the Commission on the Ukraine Famine $100,000 for the fiscal year 1990, which amount is authorized to remain available until expended.</content> </section> <section> <num value="405">SEC. 405. </num> <heading>REFORM IN BUDGET DECISION-MAKING PROCEDURES OF THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s287e">22 USC 287e note</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Congress finds that the United Nations and its specialized agencies have made progress in the formulation and implementation of budget reforms as called for by section 143 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93). Presidential determinations that were required by that and other laws confirm the progress that has been made in this respect.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Congress remains concerned about the need to make further progress to protect the independence of the international civil service working at the United Nations and urges the President to make vigorous efforts to this end.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Congress is specifically concerned with the practice of reserving certain professional staff slots in the United Nations Secretariat for nationals of certain member states, and urges the President to pursue vigorously a program of regular rotation in these staff positions among all member states of the United Nations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Financial Responsibility in Budget Procedures</inline>.—</heading> <content>To assure financial responsibility in preparation of the assessed budgets of the United Nations and its specialized agencies, it is the sense of the Congress that the President should continue vigorous efforts to ensure continued implementation by the United Nations and its specialized agencies of consensus-based decision-making procedures where applicable on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors to such assessed budgets.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Limitation on Assessed Contributions</inline>.—</heading><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>For assessed contributions authorized to be appropriated<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> by section 102(a)(1) of this Act, the President shall withhold 20 percent of the funds appropriated for the United States assessed contribution to the United Nations or to any of its specialized agencies for any calendar year until the President determines and reports to the Congress that the United Nations or any such agency—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>has continued implementation of decision-making procedures on budgetary matters referred to in subsection (b); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>in the case of the United Nations—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>is making further progress toward the elimination of the abuse of secondment in the United Nations Secretariat which undermines the independence of the international civil service; and</content> </clause> <page identifier="/us/stat/104/66">104 STAT. 66</page> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>is implementing the 15 percent reduction in the staff of the United Nations Secretariat (recommendation 15 of the Group of High Level Intergovernmental Experts to Review the Efficiency of the Administrative and Financial Functioning of the United Nations (Group of 18)) and that such reduction is being equitably applied among the nationals on such staff.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The President shall notify the Congress when each such determination is made. Each such notification shall include appropriate consultation between the President or his designated representative and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </paragraph> </subsection> </section> <section> <num value="406">SEC. 406. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote> <heading>ANNUAL REPORT TO CONGRESS ON VOTING PRACTICES AT THE UNITED NATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Not later than March 31 of each year, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a full and complete annual report which assesses for the preceding calendar year, with respect to each foreign country member of the United Nations, the voting practices of the governments of such countries at the United Nations, and which evaluates General Assembly and Security Council actions and the responsiveness of those governments to United States policy on issues of special importance to the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Information on Voting Practices in the United Nations</inline>.—</heading> <chapeau>Such report shall include, with respect to voting practices and plenary actions in the United Nations during the preceding calendar year, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which member countries supported United States policy objectives at the United Nations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an analysis and discussion, prepared in consultation with the Secretary of State, of actions taken by the United Nations by consensus;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>with respect to plenary votes of the United Nations General Assembly—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a listing of all such votes on issues which directly affected important United States interests and on which the United States lobbied extensively and a brief description of the issues involved in each such vote;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a listing of the votes described in subparagraph (A) which provides a comparison of the vote cast by each member country with the vote cast by the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a country-by-country listing of votes described in subparagraph (A); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>a listing of votes described in subparagraph (A) displayed in terms of United Nations regional caucus groups;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a listing of all plenary votes cast by member countries of the United Nations in the General Assembly which provides a comparison of the votes cast by each member country with the vote cast by the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which other members<page identifier="/us/stat/104/67">104 STAT. 67</page> supported United States policy objectives in the Security Council and a separate listing of all Security Council votes of each member country in comparison with the United States; and (6) a side-by-side comparison of agreement on important and overall votes for each member country and the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Format</inline>.—</heading> <content>Information required pursuant to subsection (b)(3) shall also be submitted, together with an explanation of the statistical methodology, in a format identical to that contained in chapter II of the Report to Congress on Voting Practices in the United Nations, dated March 14, 1988.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Statement by the Secretary of State</inline>.—</heading> <content>Each report under subsection (a) shall contain a statement by the Secretary of State discussing the measures which have been taken to inform United States diplomatic missions of United Nations General Assembly and Security Council activities.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Technical and Conforming Amendments</inline>.—</heading> <chapeau>The following provisions of law are repealed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The second undesignated paragraph of section 101(b)(1) of the Foreign Assistance and Related Programs Appropriations Act, 1984 (Public Law 98–151; 97 Stat. 967). <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 529 of the Foreign Assistance and Related Programs Appropriations Act, 1986, as enacted by Public Law 99–190 (99 Stat. 1307). <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 528 of the Foreign Assistance and Related Programs Appropriations Act, 1987, as enacted by Public Law 99–500 (100 Stat. 1783) and Public Law 99–591 (100 Stat. 3341). <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 528 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as enacted by Public Law 100–202 (101 Stat. 1329). <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 527 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, as enacted by Public Law 100–461. <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2414a">22 USC 2414a</ref>.</p></sidenote></content> </paragraph> </subsection> </section> <section> <num value="407">SEC. 407. </num> <heading>DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO THE UNITED NATIONS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t8/s1102">8 USC 1102 note</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>The President shall use his authority, including<sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8">Espionage.</p></sidenote> the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80–357), to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities directed against the United States or its allies and may pose a threat to United States national security interests.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Waiver</inline>.—</heading> <content>The President may waive the provisions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.</content> </subsection> </section> <section> <num value="408">SEC. 408. </num> <heading>POLICY ON UNESCO.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Congressional Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United States withdrew from the United Nations Educational, Scientific, and Cultural Organization (UNESCO) on December 31, 1984, in response to grave and persistent problems in UNESCO under the then-Director General;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>chief among these problems was the assault on the free flow of information supported by that Director General and the<page identifier="/us/stat/104/68">104 STAT. 68</page> pervasive ideological conflict fomented by the alliance between totalitarian and developing nations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>UNESCO has since acquired a new Director General, Federico Mayor, who has pledged his support for the free flow of information, the return of UNESCO to the principles enunciated in its Charter, and other needed changes in UNESCO policy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Soviet Foreign Minister Eduard Shevardnadze stated on October 11, 1988, that the Soviet Union was responsible for “the exaggerated ideological approach [that] undermined tolerance intrinsic to UNESCO,” and stated that Soviet policy would improve in this regard;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>substantial progress remains to be made in implementing the reforms proposed by the new Director General and in determining the degree to which ideological conflict has actually declined; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>when the United States withdrew from UNESCO, the policy of the United States was that at such time as satisfactory changes were achieved in UNESCO, the United States would act on reentry.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading> <content>It is the sense of the Congress that the Secretary of State should monitor closely the changes achieved in UNESCO and should work with United States allies and the UNESCO leadership to continue to promote the progress necessary to justify United States consideration of reentry into UNESCO.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report Required</inline>.—</heading> <content>Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report on the activities after December 31, 1984, of the United Nations Educational, Scientific, and Cultural Organization.</content> </subsection> </section> <section> <num value="409">SEC. 409. </num> <heading>UNITED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE UNITED NATIONS.</heading> <content>Section 727 of the Foreign Relations Authorization Act, Fiscal<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p></sidenote> Years 1988 and 1989 (Public Law 100–204) is amended in subsection (b) by inserting “<quotedText>the greater of</quotedText>” after “<quotedText>than</quotedText>”.</content> </section> <section> <num value="410">SEC. 410. </num> <heading>CONTRIBUTION TO THE REGULAR BUDGET OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.</heading> <content>Notwithstanding section 742 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204), for each of the fiscal years 1990 and 1991, the Secretary of State shall not be required to make an annual contribution to the regular budget of the International Committee of the Red Cross of an amount which is greater than 10 percent of the 1989 regular budget of the International Committee of the Red Cross.</content> </section> <section> <num value="411">SEC. 411. </num> <heading>SENSE OF CONGRESS CONCERNING AN ENHANCED ROLE FOR THE INTERNATIONAL COURT OF JUSTICE IN RESOLUTION OF INTERNATIONAL DISPUTES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress makes the following findings:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In 1945, the United States supported the establishment of the International Court of Justice (ICJ) to provide for the orderly resolution of disputes among nations under the rule of law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The United States, pursuant to Article 93 of the Charter of the United Nations, is also a party to the Statute of the Inter-<page identifier="/us/stat/104/69">104 STAT. 69</page>national Court of Justice which provides in Article 36(1) that the International Court of Justice will have jurisdiction over “all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In August 1946, the United States, pursuant to Senate advice and consent (61 Stat. 1218), voluntarily accepted the compulsory jurisdiction of the International Court of Justice in other international disputes under Article 36(2) of the Statute of the International Court of Justice, on certain conditions, and maintained such recognition for four decades from 1946 to 1986 when United States acceptance was terminated.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The United States has utilized the International Court of Justice on numerous occasions to resolve disputes with other nations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>In April 1984, the United States notified the Secretary General of the United Nations that the United States was suspending for two years its acceptance of the compulsory jurisdiction of the International Court of Justice in cases relating to Central America.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>In 1985, the United States announced it was terminating, in whole, United States acceptance (effective April 1, 1986) of the compulsory jurisdiction of the International Court of Justice.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The Soviet Union, as a member of the United Nations, is also a party to the Statute of the International Court of Justice and is thus bound by Article 36(1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The Soviet Union, unlike the United States, has not since the inception of the International Court of Justice voluntarily accepted the compulsory jurisdiction of the ICJ under Article 36(2) or taken any other case voluntarily to the court.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Soviet leader Mikhail Gorbachev, in his address to the United Nations in December of 1988 said: “We believe that the jurisdiction of the International Court of Justice at the Hague as regards the interpretation and implementation of agreements on human rights should be binding on all states.”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>The Legal Adviser of the State Department is holding discussions with Soviet officials and representatives of other permanent members of the United Nations Security Council and other states to determine whether and how the International Court of Justice might be used for the peaceful settlement of international disputes through procedures that assure fairness and the protection of legitimate national interests.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Sense of Congress</inline>.—</heading> <content>The Congress commends and strongly supports efforts by the United States to broaden, where appropriate, the compulsory jurisdiction and enhance the effectiveness of the International Court of Justice.</content> </subsection> </section> <section> <num value="412">SEC. 412. </num> <heading>INTERNATIONAL BOUNDARY AND WATER COMMISSION.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Flood control.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <chapeau>Title I of the Act of June 20, 1956 (70 Stat. 302; 22 U.S.C. 277d–12), is amended in the fourth undesignated paragraph under the heading “International Boundary and Water Commission, United States and Mexico”—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>or sanitation</quotedText>” after “<quotedText>flood control</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting before the period at the end thereof the following: “<quotedText>, the Colorado or Tijuana Rivers, and for taking emergency actions to protect against health threatening sanita-<page identifier="/us/stat/104/70">104 STAT. 70</page>tion problems by repairing or replacing existing capital infra-structure along the United States-Mexico Boundary</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Restrictions</inline>.—</heading> <chapeau>The Act of May 13, 1924, as amended (49 Stat. 660; 22 U.S.C. 277–2770, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in section 3 (22 U.S.C. 277b) by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>inserting “<quotedText>(1)</quotedText>” after “<quotedText>authorized</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>striking out “<quotedText>and (b)</quotedText>” and inserting in lieu thereof “<quotedText>(2)</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>inserting before the period at the end thereof the following: “<quotedText>; and (3) to carry out preliminary surveys, operations, and maintenance of the interceptor system constructed to intercept sewage flows from Tijuana from selected canyon areas</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions made with respect to that project in the first undesignated paragraph under the heading ‘<inline class="smallCaps">International Obligations</inline>’ contained in the Act of April 25, 1945 (59 Stat. 89).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>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 the United States for such portions of the dam as shall have been allocated to such purposes by the Secretary of State”; and</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in section 2 (49 Stat. 660; 22 U.S.C. 277a) by striking out “<quotedText>and stabilization</quotedText>” and inserting in lieu thereof “<quotedText>stabilization, drainage of transboundary storm waters,</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="413">SEC. 413. </num> <heading>REVIEW OF MULTILATERAL AND BILATERAL COMMISSIONS.</heading> <chapeau><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate which provides a review of United States participation in all multilateral and bilateral commissions for which appropriations are authorized to be made under the “International Commissions” account of the Department of State. Together with such comments and recommendations as the Secretary considers appropriate, such report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a justification for United States participation in each multilateral or bilateral commission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an assessment of the effectiveness of each multilateral or bilateral commission in which the United States participates; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>information concerning the cost of United States participation in each such commission.</content> </paragraph> </section> <section> <num value="414">SEC. 414. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s287e">22 USC 287e note</ref>.</p></sidenote> <heading>MEMBERSHIP OF THE PALESTINE LIBERATION ORGANIZATION IN UNITED NATIONS AGENCIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Prohibition</inline>.—</heading> <content>No funds authorized to be appropriated by this Act or any other Act shall be available for the United Nations or any specialized agency thereof which accords the Palestine Liberation Organization the same standing as member states.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Transfer or Reprogramming</inline>.—</heading> <content>Funds subject to the prohibition contained in subsection (a) which would be available for the<page identifier="/us/stat/104/71">104 STAT. 71</page> United Nations or any specialized agency thereof (but for that prohibition) are authorized to remain available until expended and may be reprogrammed or transferred to any other account of the Department of State or the Agency for International Development to carry out the general purposes for which such funds were authorized.</content> </subsection> </section> <section> <num value="415">SEC. 415. </num> <heading>SENSE OF CONGRESS CONCERNING THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINIAN REFUGEES IN THE NEAR EAST (UNRWA).</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Sense of Congress</inline>.—</heading> <chapeau>It is the sense of the Congress that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>international burdensharing of the costs of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) is crucial to the survival of such organization;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of State should redouble the efforts of the Department of State to promote international burdensharing of the costs of UNRWA’s operations; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>regular and substantial contributions by the Arab states to the budget of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East would reflect the commitment of Arab states to a peaceful political settlement in the Middle East.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>The Secretary of State shall prepare and submit a report on progress being made to promote international burdensharing of the costs of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.</content> </subsection> </section> <section> <num value="416">SEC. 416. </num> <heading>UNITED NATIONS SPONSORSHIP OF A MIDDLE EAST PEACE CONFERENCE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the General Assembly of the United Nations adopted Resolution No. 3379 on November 10, 1975, maintaining that Zionism constituted a form of racism;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>most of the proposals for an international peace conference regarding the Middle East have identified the United Nations as the sponsoring organization for such a conference;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>all international diplomatic participants in any potential Middle East peace conference must acknowledge the sovereignty of the State of Israel and the right of its citizens to live within secure and permanent boundaries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>United Nations General Assembly Resolution No. 3379 of November 10, 1975, damages the credibility of the General Assembly as a forum for furthering the search for peace in the Middle East; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the United States does not favor an international conference on the Middle East at this time, and believes that the Israeli proposal for elections that was advanced in May 1989 is the best available vehicle for furthering the Middle East peace process.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading> <chapeau>The Congress declares, therefore, that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United States should use all appropriate means to obtain rescission by the United Nations General Assembly of Resolution No. 3379 and calls upon the General Assembly to do so; and</content> </paragraph> <page identifier="/us/stat/104/72">104 STAT. 72</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>so long as that resolution remains in effect, the General Assembly and all affiliated agencies of the United Nations constitute an inappropriate forum for the sponsorship of any international conference on the Arab-Israeli conflict.</content> </paragraph> </subsection> </section> <section> <num value="417">SEC. 417. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Angola.</p><p class="indent0 firstIndent0 fontsize8">Cuba.</p><p class="indent0 firstIndent0 fontsize8">South Africa.</p></sidenote> <heading>CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES IN SOUTHERN AFRICA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Assurances That All Cuban Troops Will Be Withdrawn</inline>.—</heading> <chapeau>The United States may not, after the date of enactment of this Act, expend any funds authorized to be appropriated by this Act for a contribution or any other assistance with respect to implementation of the Tripartite Agreement until the President certifies to the Congress that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United States has received explicit and reliable assurances from each of the parties to the Bilateral Agreement that all Cuban troops will be withdrawn from Angola by July 1, 1991, and that no Cuban troops will remain in Angola after that date; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary General of the United Nations has assured the United States that it is his understanding that all Cuban troops will be withdrawn from Angola by July 1, 1991, and that no Cuban troops will remain in Angola after that date.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Contributions Conditional on Compliance</inline>.—</heading> <chapeau>The United States may not expend any funds authorized to be appropriated by this Act for a contribution or any other assistance with respect to implementation of the Tripartite Agreement—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the Government of Cuba fails at any time to comply with any of its obligations under Article 1 of the Bilateral Agreement (relating to the calendar for redeployment and withdrawal of Cuban troops); or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if any Cuban troops remain in Angola after July 1, 1991.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">Reports to Congress, Compliance With Obligations</inline>.—</heading> <content>Not more than 15 days after each scheduled phase of the redeployment northward and withdrawal of Cuban troops pursuant to the Bilateral Agreement, the President shall submit to the appropriate congressional committees a report on whether each of the signatories of the Tripartite Agreement is complying with its obligations under the agreement. Whenever he has determined that a material breach of the Tripartite Agreement may have been committed by any of the signatories to that agreement, the President shall so report to the appropriate congressional committees.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Disbursements</inline>.—</heading> <content>Of the amount authorized to be appropriated to be made available for contribution with respect to implementation of the Agreement Among the People’s Republic of Angola, the Republic of Cuba, and the Republic of South Africa signed at the United Nations on December 22, 1988 (hereinafter known as the Tripartite Agreement) 50 percent of the annual amount shall be available on October 1, 1989, and the remaining 50 percent on April 1, 1990, only if the President determines and certifies to the appropriate congressional committees as of each date that (1) each of the signatories to the Tripartite Agreement is in compliance with its obligations under the Agreement, (2) the Government of Cuba has complied with its obligations under Article 1 of the Bilateral Agreement (relating to the calendar for redeployment and withdrawal of Cuban troops), (3) the Cubans have not engaged in any offensive military actions against UNITA, including the use of chemical warfare, (4) the United Nations and its affiliated agencies have<page identifier="/us/stat/104/73">104 STAT. 73</page> terminated all funding and other support, in conformity with the United Nations impartiality package, to the South West Africa People’s Organization (SWAPO), and (5) the United Nations Angola Verification Mission is demonstrating diligence, impartiality, and professionalism in verifying the departure of Cuban troops and the recording of any troop rotations.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Funding of these activities by the United States may not be construed as constituting recognition of any government in Angola.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “Bilateral Agreement” means the Agreement Between the Governments of the People’s Republic of Angola and the Republic of Cuba for the Termination of the International Mission of the Cuban Military Contingent, signed at the United Nations on December 22, 1988;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “Tripartite Agreement” means the Agreement Among the People’s Republic of Angola, the Republic of Cuba, and the Republic of South Africa, signed at the United Nations on December 22, 1988; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the term “appropriate congressional committees” means the Committees on Appropriations, Foreign Affairs, and Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and the Select Committee on Intelligence of the Senate.</content> </paragraph> </subsection> </section> <num value="V">TITLE V—</num> <heading class="inline">ASIA FOUNDATION</heading> <section> <num value="501">SEC. 501. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <content>Section 404 of The Asia Foundation Act (22 U.S.C. 4403) is amended to read as follows: <quotedContent> <section> <num value="404">“SEC. 404. </num> <heading>FUNDING.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to the Secretary of State $13,900,000 for the fiscal year 1990 and $18,000,000 for the fiscal year 1991 for grants to The Asia Foundation pursuant to this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Allocation of Funds</inline>.—</heading> <content>Of amounts authorized to be appropriated under subsection (a), $1,324,000 for the fiscal year 1990 and $1,324,000 for the fiscal year 1991 shall be available only for the expansion of programs and services (including the establishment of a field office) for Oceania, comprised of Polynesia, Micronesia, and Melanesia.”.</content> </subsection> </section> </quotedContent> </content> </section> <num value="VI">TITLE VI—</num> <heading class="inline">INTER-AMERICAN FOUNDATION</heading> <section> <num value="601">SEC. 601. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <content>Section 401 of the Inter-American Foundation Act (22 U.S.C. 290f) is amended in subsection (s)(2) by striking out the first sentence and inserting in lieu thereof “<quotedText>There are authorized to be appropriated $16,932,000 for the fiscal year 1990 and $25,000,000 for the fiscal year 1991 to carry out the purposes of this section.</quotedText>”.</content> </section> 104 STAT. 74 <num value="VII">TITLE VII—</num> <heading class="inline">REFUGEE AND OTHER PROVISIONS</heading> <section> <num value="701">SEC. 701. </num> <heading>UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AUDIT REQUIREMENT.</heading> <content>Subsection (a) of section 8 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2606) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Program Audits</inline>.—</heading> <chapeau>Funds may not be available to the United Nations High Commissioner for Refugees (UNHCR) under this or any other Act unless provision is made for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>annual program audits to determine the use of UNHCR funds, including the use of such funds by implementing partners; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such audits are made available through the Department of State for inspection by the Comptroller General of the United States.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="702">SEC. 702. </num> <heading>TIBETAN AND BURMESE REFUGEES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Tibetan Refugees</inline>.—</heading> <content>Of the amounts authorized to be appropriated by section 104(a)(1) for the Department of State for “Migration and Refugee Assistance” $500,000 for the fiscal year 1990 and $500,000 for the fiscal year 1991 shall be available only for assistance for displaced Tibetans in India and Nepal. The Secretary of State shall determine the best means for providing such assistance.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Burmese Refugees</inline>.—</heading> <content>Of the amounts authorized to be appropriated by section 104(a)(1) for the Department of State for “Migration and Refugee Assistance” $250,000 for the fiscal year 1990 and $250,000 for the fiscal year 1991 shall be available only for humanitarian assistance for displaced Burmese on both sides of the border between Thailand and Burma.</content> </subsection> </section> <section> <num value="703">SEC. 703. </num> <heading>REPORT REGARDING BURMESE STUDENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Thailand.</p></sidenote> <heading><inline class="smallCaps">Reporting Requirement</inline>.—</heading> <chapeau>Not later than 30 days after the date of enactment of this Act, the Secretary of State, in consultation with the Attorney General, shall submit to the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives a report on the immigration and refugee policy of the United States regarding Burmese prodemocracy protesters who have fled from the military government of Burma and are now located in border camps or inside Thailand. Specifically, the report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a description of the number and location of such persons in border camps in Burma, inside Thailand, and in third countries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the number of visas, parole applications, applications for refugee status, and approvals for such persons by the United States and the feasibility of using parole or the need for creating statutory alternatives to parole to facilitate the entry of such persons;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the immigration policy of Thailand and other countries from which such persons have sought immigration assistance;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the involvement of international organizations, such as the United Nations High Commission for Refugees, in meeting the residency needs of such persons; and</content> </paragraph> <page identifier="/us/stat/104/75">104 STAT. 75</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the involvement of the United States, other countries, and international organizations in meeting the humanitarian needs of such persons.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Recommendations for Legislative Changes</inline>.—</heading> <content>The Secretary of State shall recommend in the report required by subsection (a) any policy or legislative changes he deems appropriate to meet the asylum, refugee, parole, or visa status needs of such persons.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content>As used in this section, the term “pro-democracy protester” means any person who has fled from the current military regime of Burma since the outbreak of pro-democracy demonstrations in Burma in 1988.</content> </subsection> </section> <section> <num value="704">SEC. 704. </num> <heading>THE TREATMENT OF THE TURKISH MINORITY BY THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BULGARIA AND BULGARIAN REFUGEES IN TURKEY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Government of the People’s Republic of Bulgaria is a signatory to the 1947 Paris Peace Treaty, the Universal Declaration on Human Rights by the United Nations, and the Final Act of the Conference on Security and Cooperation in Europe (also known as the Helsinki Accords);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Helsinki Accords express the commitment of the participating states to respect the fundamental freedoms of conscience, religion, expression, and emigration, and to guarantee the rights of minorities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the 1971 Constitution of the People’s Republic of Bulgaria declares that fundamental rights will not be restricted because of distinction of national origin, race, or religion, and guarantees minorities the rights to study in their mother tongue and freely practice their religion;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>despite its international obligations and constitutional guarantees, the Government of the People’s Republic of Bulgaria has taken numerous steps to repress Turkish language and culture, including prohibiting the study of the Turkish language in schools, banning the use of the Turkish language in public, making the receipt and reading of Turkish publications a punishable act, and jamming the reception of Turkish radio and television programs in Bulgaria;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the right of the ethnic Turkish community to freedom of religion has been severely circumscribed by the Government of the People’s Republic of Bulgaria, which has closed a number of mosques and barred the importation of copies of the Koran;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>emigration by ethnic Turks and others has been banned with only a few exceptions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>beginning in December 1984, the Bulgarian authorities forced the Turkish minority to change their Turkish names to Bulgarian ones, and hundreds of ethnic Turks were killed, injured, or arrested by Bulgarian forces in 1984 and 1985 when they protested this new policy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the Bulgarian authorities have used both force and coercion to resettle ethnic Turks from their local villages to areas in Bulgaria with small Turkish populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>in May 1989, Bulgarian troops and police attacked ethnic Turks and others who were peacefully demonstrating against their discriminatory treatment in Bulgaria;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>hundreds of demonstrators were killed or wounded in these attacks, and hundreds more were arrested; and</content> </paragraph> <page identifier="/us/stat/104/76">104 STAT. 76</page> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>since these demonstrations, the Government of the People’s Republic of Bulgaria has forcibly expelled or coerced into emigrating to Turkey thousands of ethnic Turks without either their money or their possessions, often resulting in the separation of families.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading> <chapeau>It is the sense of the Congress that the Congress—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>strongly condemns the brutal treatment of, and blatant discrimination against, the Turkish minority by the Government of the People’s Republic of Bulgaria;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>calls upon the Bulgarian authorities to immediately cease all discriminatory practices against this community and to release all ethnic Turks and others currently imprisoned because of their participation in nonviolent political acts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>calls upon the Government of Bulgaria to honor its obligations and public statements concerning the right of all Bulgarian citizens to emigrate freely; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>urges the President and Secretary of State to make strong diplomatic representations to Bulgaria protesting its discriminatory treatment of its Turkish minority and to raise this issue in all appropriate international forums, including the Conference on Security and Cooperation in Europe meeting on the environment in Sofia, Bulgaria, this year.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Allocation of Funds for Assistance to Certain Turkish Refugees</inline>.—</heading> <content>Of the funds authorized to be appropriated by section 104(a)(1) for the fiscal year 1990, $10,000,000 shall be available only to the Republic of Turkey for assistance for shelter, food, and other basic needs to ethnic Turkish refugees fleeing the People’s Republic of Bulgaria and resettling in the sovereign territory of Turkey.</content> </subsection> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">PLO COMMITMENTS COMPLIANCE ACT OF 1989</heading><sidenote><p class="indent0 firstIndent0 fontsize8">PLO Commitments Compliance Act of 1989.</p><p class="indent0 firstIndent0 fontsize8">Israel.</p><p class="indent0 firstIndent0 fontsize8">Terrorism.</p></sidenote> <section> <num value="801">SEC. 801. </num> <heading>SHORT TITLE.</heading> <content>This title may be cited as the “<shortTitle role="title">PLO Commitments Compliance Act of 1989</shortTitle>”.</content> </section> <section> <num value="802">SEC. 802. </num> <heading>FINDINGS.</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>United States policy regarding contacts with the Palestine Liberation Organization (including its Executive Committee, the Palestine National Council, and any constituent groups related thereto (hereafter in this title referred to as the “PLO”)) set forth in the Memorandum of Agreement between the United States and Israel, dated September 1, 1975, stated that the United States “will not recognize or negotiate with the Palestine Liberation Organization so long as the PLO does not recognize Israel’s right to exist and does not accept United Nations Security Council Resolutions 242 and 338”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 1302 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2151 note; Public Law 99–83), effective October 1, 1985, stated that “no officer or employee of the United States Government and no agent or other individual acting on behalf of the United States Government shall negotiate with the PLO or any representatives thereof (except in emergency or humanitarian situations) unless<page identifier="/us/stat/104/77">104 STAT. 77</page> and until the PLO recognizes Israel’s right to exist, accepts United Nations Security Council Resolutions 242 and 338, and renounces the use of terrorism”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the Department of State statement of November 26, 1988,<sidenote><p class="indent0 firstIndent0 fontsize8">Yasser Arafat.</p></sidenote> found that “the United States Government has convincing evidence that PLO elements have engaged in terrorism against Americans and others” and that “Mr. [Yasser] Arafat, Chairman of the PLO, knows of, condones, and lends support to such acts; he therefore is an accessory to such terrorism”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Secretary of State Shultz declared on December 14, 1988,<sidenote><p class="indent0 firstIndent0 fontsize8">George Shultz.</p></sidenote> that “the [PLO] today issued a statement in which it accepted United Nations Security Council Resolutions 242 and 338, recognized Israel’s right to exist in peace and security, and renounced terrorism. As a result, the United States is prepared for a substantive dialogue with PLO representatives”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>President Ronald Reagan, subsequent to the decision to<sidenote><p class="indent0 firstIndent0 fontsize8">Ronald Reagan.</p></sidenote> open a United States-PLO dialogue, stated that the PLO “must demonstrate that its renunciation of terrorism is pervasive and permanent” and if the PLO reneges on its commitments, the United States “will certainly break off communications”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>since the United States agreed to enter into a dialogue with the PLO, there have been several attempted incursions into Israel by the following PLO-affiliated groups: the Popular Struggle Front, the Palestine Liberation Front, the Democratic Front for the Liberation of Palestine, and the Islamic Jihad group;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Yasser Arafat has not renounced any of these incidents,<sidenote><p class="indent0 firstIndent0 fontsize8">Abu Iyad.</p></sidenote> that he has threatened “ten bullets in the chest” to those Palestinians who advocate a cessation of the unrest, and that his principal deputy, Abu Iyad, as well as other senior Al-Fatah figures, have been quoted as saying that the PLO recognition of Israel and renunciation of terrorism is merely tactical and that a Palestinian state is but the first step in the “liberation of Palestine”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>that the United States should regularly evaluate the PLO’s compliance with the commitments made by Yasser Arafat on behalf of the PLO in Geneva on December 14, 1988.</content> </paragraph> </section> <section> <num value="803">SEC. 803. </num> <heading>POLICY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>The Congress reiterates long-standing United States policy that any dialogue with the PLO be contingent upon the PLO’s recognition of Israel’s right to exist, its acceptance of United Nations Security Council Resolutions 242 and 338, and its abstention from and renunciation of all acts of terrorism.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy Toward Implementation of PLO Commitments</inline>.—</heading> <chapeau>It is the sense of the Congress that the United States, in any discussions with the PLO, should seek—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the prevention of terrorism and other violent activity by the PLO or any of its factions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>the implementation of concrete steps by the PLO consistent with its commitments to recognize Israel and renounce terrorism, including concrete actions that will further the peace process such as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>disbanding units which have been involved in terrorism;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>publicly condemning all acts of terrorism;</content> </subparagraph> <page identifier="/us/stat/104/78">104 STAT. 78</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>ceasing the intimidation of Palestinians who advocate a cessation of or who do not support the unrest;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>calling on the Arab states to recognize Israel and to end their economic boycott of Israel; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>amending the PLO’s Covenant to remove provisions which undermine Israel’s legitimacy and which call for Israel’s destruction.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Policy Toward Recent Armed Incursions Into Israel By PLO-Affiliated Groups</inline>.—</heading> <chapeau>During the next round of talks with the PLO, should such talks occur after the date of enactment of this Act, the representative of the United States should obtain from the representative of the PLO a full accounting of the following attempted incursions into Israel which occurred after Yasser Arafat’s statement of December 14, 1988:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>On December 26, 1988, an attempted armed infiltration into Israel by boat by four members of the PLO-affiliated Popular Struggle Front.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>On December 28, 1988, an attempted armed infiltration into Israel by three members of the PLO-affiliated Palestine Liberation Front.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>On January 24, 1989, an unprovoked attack on an Israeli patrol in Southern Lebanon by the PLO-affiliated Palestine Liberation Front.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>On February 5, 1989, an attempted armed infiltration into Israel by nine members of the PLO-affiliated Palestine Liberation Front and Popular Front for the Liberation of Palestine.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>On February 23, 1989, an attempted attack on targets in Israel by members of the PLO-affiliated Democratic Front for the Liberation of Palestine.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>On February 27, 1989, a PLO-affiliated Popular Front for the Liberation of Palestine ambush of a pro-Israeli Southern Lebanese army vehicle.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>On March 2, 1989, an attempted armed infiltration into Israel by four members of the PLO-affiliated Democratic Front for the Liberation of Palestine headed for the civilian town of Zarit.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>On March 13, 1989, an attempted armed infiltration into Israel by three members of the PLO-aligned Palestine Liberation Front.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>On March 15, 1989, an attempted attack on Israel through Gaza by two members of the Islamic Jihad group.</content> </paragraph> </subsection> </section> <section> <num value="804">SEC. 804. </num> <heading>REPORTING REQUIREMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Report on Armed Incursions</inline>.—</heading> <content>In the event that talks are held with the PLO after the date of enactment of this Act, the Secretary of State, shall, within 30 days after the next round of such talks, report to the Chairman of the Committee on Foreign Affairs of the Senate and the Speaker of the House of Representatives any accounting provided by the representative of the PLO of the incidents described in section 803(c).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">Report on Compliance With Commitments</inline>.—</heading> <chapeau>Beginning 30 days after the date of enactment of this Act, and every 120 days thereafter in which the dialogue between the United States and the PLO has not been discontinued, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report, in unclassified form to the maximum extent practicable, regarding progress<page identifier="/us/stat/104/79">104 STAT. 79</page> toward the achievement of the measures described in section 803(b). Such report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a description of actions or statements by the PLO as an organization, its Chairman, members of its Executive Committee, members of the Palestine National Council, or any constituent groups related thereto, as they relate to the Geneva commitments of December 1988 regarding cessation of terrorism and recognition of Israel’s right to exist, including actions or statements that contend that the declared “Palestinian state” encompasses all of Israel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a description of the steps, if any, taken by the PLO to evict or otherwise discipline individuals or groups taking actions inconsistent with the Geneva commitments;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a statement of whether the PLO, in accordance with procedures in Article 33 of the Palestinian National Covenant, has repealed provisions in that Covenant which call for Israel’s destruction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a statement of whether the PLO has repudiated its “strategy of stages” whereby it seeks to use a Palestinian state in the West Bank and Gaza as the first step in the total elimination of the state of Israel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a statement of whether the PLO has called on any Arab state to recognize and enter direct negotiations with Israel or to end its economic boycott of Israel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a statement of whether “Force 17” and the “Hawari Group”, units directed by Yasser Arafat that have carried out terrorist attacks, have been disbanded and not reconstituted under different names;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>a statement of whether the following PLO constituent groups conduct or participate in terrorist or other violent activities: the Fatah; the Popular Front for the Liberation of Palestine; the Democratic Front for the Liberation of Palestine; the Arab Liberation Front; the Palestine Liberation Front;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>a statement of the PLO’s position on the unrest in the West Bank and Gaza, and whether the PLO threatens, through violence or other intimidation measures, Palestinians in the West Bank and Gaza who advocate a cessation of or who do not support the unrest, and who might be receptive to taking part in elections there;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>a statement of the position of the PLO regarding the<sidenote><p class="indent0 firstIndent0 fontsize8">Abu Abbas.</p><p class="indent0 firstIndent0 fontsize8">Muhammed Rashid.</p></sidenote> prosecution and extradition, if so requested, of known terrorists such as Abu Abbas, who directed the Achille Lauro hijacking during which Leon Klinghoffer was murdered, and Muhammed Rashid, implicated in the 1982 bombing of a PanAm jet and the 1986 bombing of a TWA jet in which four Americans were killed; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>a statement of the position of the PLO on providing compensation to the American victims or the families of American victims of PLO terrorism.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report on Policies of Arab States</inline>.—</heading> <chapeau>Not more than 30 days after the date of enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report concerning the policies of Arab states toward the Middle East peace process, including progress toward—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>public recognition of Israel’s right to exist in peace and security;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>ending the Arab economic boycott of Israel; and</content> </paragraph> <page identifier="/us/stat/104/80">104 STAT. 80</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>ending efforts to expel Israel from international organizations or denying participation in the activities of such organizations.</content> </paragraph> </subsection> </section> <num value="IX">TITLE IX—</num> <heading class="inline">PEOPLE’S REPUBLIC OF CHINA</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Human rights.</p></sidenote> <section> <num value="901">SEC. 901. </num> <heading>FINDINGS AND STATEMENTS OF POLICY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>on June 4, 1989, the Government of the People’s Republic of China ordered an unprovoked, brutal, and indiscriminate assault on thousands of peaceful and unarmed demonstrators and onlookers in and around Tiananmen Square by units of the People’s Liberation Army, which resulted in at least 1,000 deaths and several thousand injuries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Chinese Government has executed dozens of individuals who participated in prodemocracy demonstrations or who protested the brutal military assault against peaceful demonstrators;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the Government of the People’s Republic of China is engaging in widespread mass arrests in the aftermath of the June 4, 1989, military assault in Tiananmen Square, which have resulted in the arrests of thousands of students, workers, and other civilians so far;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>independent international human rights organizations, such as Amnesty International and Asia Watch, have documented daily incidences of arbitrary arrests, torture, and beatings by police and military forces in the People’s Republic of China;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the Chinese Government has established telephone hotlines and other local communications networks for the express purpose of identifying and imprisoning prodemocracy supporters and political dissidents throughout the country;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>officials of the Chinese Government have grossly distorted the Government’s actions to suppress the prodemocracy movement, including the clandestine disposal of the bodies of demonstrators without informing their families, and have consistently denied that the massacre in and around Tiananmen Square took place or that abuses of human rights have occurred;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>in an effort to conceal the truth about the Chinese Government’s brutal suppression of the prodemocracy movement, foreign journalists have been expelled and Voice of America broadcasts are being jammed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Fang Lizhi.</p><p class="indent0 firstIndent0 fontsize8">Li Shuxian.</p></sidenote> <content>in view of the widespread and continuing repression, noted Chinese intellectuals and advocates of peaceful democratic reform, Fang Lizhi and Li Shuxian, sought refuge at the United States Embassy in Beijing on June 3, 1989, and the United States exercised its prerogatives under longstanding practices of diplomatic missions by granting them refuge; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <chapeau>the President has condemned the actions of the leaders of the People’s Republic of China against participants in the prodemocracy movement in China and has taken several concrete steps to respond to the repression of the movement, including—</chapeau> <page identifier="/us/stat/104/81">104 STAT. 81</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>suspending all exports of items on the United States Munitions List, including arms and defense related equipment, to the People’s Republic of China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>suspending high level government-government contact between the United States and the People’s Republic of China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>extending the visas of nationals of the People’s Republic of China currently in the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>offering humanitarian and medical assistance to the injured through the Red Cross;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>instructing United States representatives to international financial institutions to seek delay in the consideration of loan requests that are made to those financial institutions and would benefit the People’s Republic of China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>suspending action on applications for the issuance by the Overseas Private Investment Corporation of new insurance and financing of investments in the People’s Republic of China by United States investors;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>opposing the further liberalization of the guidelines of the group known as the Coordinating Committee (COCOM) regarding trade with the People’s Republic of China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>taking no further action to implement the agreement for cooperation between the United States and the People’s Republic of China relating to the uses of nuclear energy, thereby foreclosing the issuance of new licenses; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>suspending the license for the export of any United States manufactured satellites for launch on launch vehicles owned by the People’s Republic of China, including the two Aussat satellites and the Asiasat satellite.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Statements of Policy</inline>.—</heading> <chapeau>It is the sense of the Congress that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the President is to be commended for his clear articulation of United States condemnation of the actions of the Government of the People’s Republic of China in the killing and persecution of the participants of the prodemocracy movement in the People’s Republic of China, and for the responses and measures by the President against the People’s Republic of China, which the Congress supports;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the consultative approach that the President has used in coordinating with other countries the United States response to the atrocities committed by the leaders of the People’s Republic of China should be supported;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>it is essential that the United States speak in a bipartisan and unified voice in response to the events in the People’s Republic of China, and that the President be given the necessary flexibility to respond to rapidly changing situations so that the long-term interests of the United States are not damaged;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in this vein, the President should continue to emphasize to the leaders of the Government of the People’s Republic of China that resumption of normal diplomatic and military relations between the United States and the People’s Republic of China will depend directly on the Chinese Government’s halting of executions of prodemocracy movement supporters, releasing those imprisoned for their political beliefs, and increasing respect for internationally recognized human rights;</content> </paragraph> <page identifier="/us/stat/104/82">104 STAT. 82</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>because human rights violations in a country as populous as the People’s Republic of China may have serious implications for the stability of the Asia-Pacific region, the United Nations should, in order to further regional security and peace, condemn the violent repression, mass arrests, abuse of African students, and executions of peaceful demonstrators by the Government of the People’s Republic of China and urge the Chinese Government to enter into negotiations with representatives of the prodemocracy movement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau>United States policy toward the People’s Republic of China should be explicitly linked with the situation in Tibet, specifically as to whether—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>martial law is lifted in Lhasa and other parts of Tibet;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Tibet is open to foreigners, including representatives of the international press and of international human rights organizations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Tibetan political prisoners are released; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the Government of the People’s Republic of China is entering into negotiations with representatives of the Dalai Lama on a settlement of the Tibetan question;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau>with respect to Hong Kong—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the President should convey to the leaders of the People’s Republic of China the importance of living up to its international undertaking with respect to the 1984 Joint Declaration for the future prosperity and stability of Hong Kong; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Secretary of State should convey to the Government of the United Kingdom the strong concern of the United States for continued respect for human rights in Hong Kong, and the need to accelerate progress toward representative government through free and fair direct elections;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the United States should offer admission to the United States to any national of the People’s Republic of China who is under threat of severe penalty as a result of participating in prodemocracy activities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the President should be commended for his courageous and appropriate action, in accordance with the Vienna Convention on Diplomatic Relations and customary international law, in swiftly providing temporary refuge to Fang Lizhi and Li Shuxian at the United States Embassy in Beijing, and the President should continue to provide refuge to those individuals to ensure their personal safety.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Additional Measures</inline>.—</heading> <chapeau>It is further the sense of the Congress that, in addition to the measures already taken or required to be taken by this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>because systematic repression in China continues, the President should urge the Export-Import Bank of the United States to continue to postpone approval of any application for financing United States exports to the People’s Republic of China;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>under the direction of the Secretary of the Treasury, the United States executive directors of the appropriate international financial institutions should continue to oppose the extension of loans or any other financial assistance by such institutions to the People’s Republic of China;</content> </paragraph> <page identifier="/us/stat/104/83">104 STAT. 83</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>if systematic repression in China deepens, the President should review—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the advisability of continuing to extend most-favored-nation (MFN) trade treatment to Chinese products;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>all bilateral trade agreements between the United States and the People’s Republic of China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the bilateral commercial agreements governing Chinese-American cooperation on satellite launches; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the Chinese-American Agreement for Cooperation on the Peaceful Uses of Atomic Energy, signed at Washington on July 23, 1985;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>if systematic repression in China deepens, the President should consult—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>with the members of the group known as the Coordinating Committee (COCOM) for the purpose of reviewing the current favorable treatment accorded to high technology exports to the People’s Republic of China; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>with the other signatories of the General Agreement on Tariffs and Trade (GATT) for the purpose of reviewing the People’s Republic of China’s observer status at meetings on GATT and reassessing the People’s Republic of China’s right to accede to GATT.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="902">SEC. 902. </num> <heading>SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Suspensions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Overseas private investment corporation</inline>.—</heading> <content>The Overseas Private Investment Corporation shall continue to suspend the issuance of any new insurance, reinsurance, guarantees, financing, or other financial support with respect to the People’s Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Trade and development program</inline>.—</heading> <content>The President shall<sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> suspend the obligation of funds under the Foreign Assistance Act of 1961 for any new activities of the Trade and Development Program with respect to the People’s Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Munitions export licenses</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content>The issuance of licenses under section 38 of the Arms Export Control Act for the export to the People’s Republic of China of any defense article on the United States Munitions List, including helicopters and helicopter parts, shall continue to be suspended, subject to subparagraph (B), unless the President makes a report under subsection (b) (1) or (2) of this section.</content> </subparagraph> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People’s Republic of China.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Crime control and detection instruments and equipment</inline>.—</heading> <content>The issuance of any license under section 6(k) of the Export Administration Act of 1979 for the export to the People’s Republic of China of any crime control or detection instruments or equipment shall be suspended, unless the President makes a report under subsection (b) (1) or (2) of this section.</content> </paragraph> <page identifier="/us/stat/104/84">104 STAT. 84</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Export of satellites for launch by the people’s republic of china</inline>.—</heading> <content>Exports of any satellite of United States origin that is intended for launch from a launch vehicle owned by the People’s Republic of China shall remain suspended, unless the President makes a report under subsection (b) (1) or (2) of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Nuclear cooperation with the people’s republic of china</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>Any—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>application for a license under the Export Administration Act of 1979 for the export to the People’s Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978, could be of significance for nuclear explosive purposes, or which, in the judgment of the President, is likely to be diverted for use in such a facility, for any nuclear explosive device, or for research on or development of any nuclear explosive device, shall be suspended,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>application for a license for the export to the People’s Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>approval for the transfer or retransfer to the People’s Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>specific authorization for assistance in any activities with respect to the People’s Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 shall not be given,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">until the conditions specified in subparagraph (B) are met.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>Subparagraph (A) applies until—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <content>the President certifies to the Congress that the People’s Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the President makes the certifications and submits the report required by Public Law 99–183; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the President makes a report under subsection (b) (1) or (2) of this section.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>For purposes of this paragraph, the term “Agreement” means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People’s Republic of China Concerning Peaceful Uses of Nuclear Energy (done on July 23, 1985).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading><inline class="smallCaps">Liberalization of export controls</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau>The President shall negotiate with the governments participating in the group known as the Coordinating Committee (COCOM) to suspend, on a multilateral basis, any liberalization by the Coordinating Committee of controls on exports of goods and technology to the People’s Republic of China under section 5 of the Export Administration Act of 1979, including—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the implementation of bulk licenses for exports to the People’s Republic of China; and</content> </clause> <page identifier="/us/stat/104/85">104 STAT. 85</page> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the raising of the performance levels of goods or technology below which no authority or permission to export to the People’s Republic of China would be required.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act or until the President makes a report under subsection (b) (1) or (2) of this section, whichever occurs first.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Termination of Suspensions</inline>.—</heading> <chapeau>A report referred to in subsection<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> (a) is a report by the President to the Congress either—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>that the Government of the People’s Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>lifting of martial law;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>release of political prisoners;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that it is in the national interest of the United States to terminate a suspension under subsection (a) (1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Reporting Requirement</inline>.—</heading> <chapeau>Sixty days after the date of enactment<sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> of this Act, the President shall submit to the Congress a report on—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any steps taken by the Government of China to achieve the objectives described in subsection (b)(1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the effect of multilateral sanctions on political and economic developments in China and on China’s international economic relations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>the impact of the President’s actions described in section 901(a)(9) and of the suspensions under subsection (a) of this section on—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>political and economic developments in China;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the standard of living of the Chinese people;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>relations between the United States and China; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the status of programs and activities suspended under subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the additional measures taken by the President under section 901(c) if repression in China deepens.</content> </paragraph> </subsection> </section> 104 STAT. 86 <num value="X">TITLE X—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <num value="1001">SEC. 1001. </num> <heading>INCREASING AMOUNT OF REWARDS FOR COMBATTING TERRORISM.</heading> <content>Section 36(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended by striking out “<quotedText>$500,000</quotedText>” and inserting in lieu thereof “<quotedText>$2,000,000</quotedText>”.</content> </section> <section> <num value="1002">SEC. 1002. </num> <heading>ASSIGNMENT OF COMMERCIAL OFFICERS TO THE UNITED STATES MISSION TO THE EUROPEAN COMMUNITY.</heading> <content>Within 90 days of the date of enactment of this Act, the United States Foreign and Commercial Service shall assign to the United States Mission to the European Community in Brussels no less than three commercial officers and such other staff as may be necessary to support such officers.</content> </section> <section> <num value="1003">SEC. 1003. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Business and industry.</p><p class="indent0 firstIndent0 fontsize8">Commerce and trade.</p><p class="indent0 firstIndent0 fontsize8">Contracts.</p><p class="indent0 firstIndent0 fontsize8">Corporations.</p></sidenote> <heading>BUY-AMERICAN REQUIREMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Determination by Secretary of State</inline>.—</heading> <chapeau>If the Secretary of State, with the concurrence of the United States Trade Representative and the Secretary of Commerce, determines that the public interest so requires, the Secretary of State is authorized to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm, if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the final product of the domestic firm will be completely assembled in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when completely assembled, not less than 50 percent of the final product of the domestic firm will be domestically produced; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the difference between the bids submitted by the foreign and domestic firms is not more than 6 percent.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">In determining under this subsection whether the public interest so requires, the Secretary of State shall take into account United States international obligations and trade relations.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limited Application</inline>.—</heading> <chapeau>This section shall not apply to the extent to which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such applicability would not be in the public interest;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>compelling national security considerations require otherwise; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the United States Trade Representative determines that such an award would be in violation of the General Agreement on Tariffs and Trade or an international agreement to which the United States is a party.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “domestic firm” means a business entity that is incorporated in the United States and that conducts business operations in the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “foreign firm” means a business entity not described in paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Applicability of Provision</inline>.—</heading> <chapeau>This section shall apply only to contracts for which—</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>amounts are authorized to be made available by this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>solicitations for bids are issued after the date of the enactment of this Act.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/87">104 STAT. 87</page> <section> <num value="1004">SEC. 1004. </num> <heading>SUPPORT FOR THE BENJAMIN FRANKLIN HOUSE MUSEUM AND LIBRARY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the former London residence of Benjamin Franklin is the only surviving home of Benjamin Franklin existing today and should be preserved to commemorate his great contributions to human liberty, science, and education; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Friends of Benjamin Franklin House and the American Franklin Friends Committee are twin charities dedicated to the restoration, preservation, and maintenance of the Benjamin Franklin House as a museum and library open to the public.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy of Support</inline>.—</heading> <chapeau>The Congress hereby—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>urges the people of the United States to recognize June 17, 1990, as the bicentennial of Benjamin Franklin’s death and to celebrate Franklin’s long and distinguished public service, his scientific and literary achievements, and his role as a Founding Father of our country; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>calls on the relevant agencies and departments of the Federal Government of the United States to recognize the important goals of the Friends of Benjamin Franklin House and the American Franklin Friends Committee.</content> </paragraph> </subsection> </section> <section> <num value="1005">SEC. 1005. </num> <heading>ASSOCIATION OF DEMOCRATIC NATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress makes the following findings:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>It is the policy of the United States to support and promote democratic values and institutions around the world.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Over the last decade, the United States, in concert with other nations, has provided support to those working for democracy in many nations throughout the world.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Such support has advanced the cause of freedom and democracy in those nations by providing international technical expertise on holding free and fair elections, providing international observers to document the conduct of the elections, and in offering economic and humanitarian support to newly established democracies.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>On June 8, 1989, at the commencement ceremonies at<sidenote><p class="indent0 firstIndent0 fontsize8">Benazir Bhutto.</p></sidenote> Harvard University, the newest leader of a democratic nation, Prime Minister Benazir Bhutto of Pakistan, called for the establishment of an Association of Democratic Nations to support the right of peoples everywhere to choose freely their own government.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>The goals of the Association would be to promote—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the holding of elections at regular intervals which are open to the participation of all significant political parties, which are fairly administered, and in which the franchise is broad or universal;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>respect for fundamental human rights, including freedom of expression, freedom of conscience, and freedom of association;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>international recognition of legitimate elections through international election observer missions at all stages of the election, including the campaign, the voting, and the ballot counting;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the mobilization of international opinion and economic measures against the military overthrow of democratic governments; and</content> </subparagraph> <page identifier="/us/stat/104/88">104 STAT. 88</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the provision of economic assistance to strengthen and support democratic nations.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading> <chapeau>It is the sense of the Congress that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the proposal offered by Prime Minister Benazir Bhutto of Pakistan would further the cause of democracy, freedom, and justice and is in the interest of the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>the President of the United States should give serious consideration to the implementation of the proposal, and should provide by December 31, 1989, a report to the Congress assessing the merits of, and estimated annual costs of, establishing such an Association of Democratic Nations.</content> </paragraph> </subsection> </section> <section> <num value="1006">SEC. 1006. </num> <heading>POLICY REGARDING HUMAN RIGHTS ABUSES IN CUBA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United Nations Commission on Human Rights in 1989 issued its first report on human rights in Cuba, the result of a year-long investigation that concluded on the 30th year of Fidel Castro’s rise to power;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that report extensively documented across-the-board human rights abuses, including cases of torture, missing persons, religious persecution, violations of civil and political rights, and violations of economic and social rights;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the United Nations received 137 complaints of “torture, cruel, inhuman or degrading treatment or punishment”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>among the abuses reported to the United Nations were sensory deprivation, immersion in a pit latrine, mock executions, overcrowding in special cells, deafening loudspeakers, keeping prisoners naked in front of relatives, and forcing a prisoner about to be executed to carry his own coffin or dig his own grave;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>despite the Cuban Government’s statements not to harass those who cooperated with the United Nations’ investigation, many Cuban citizens who met, or attempted to meet with the United Nations team suffered reprisals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>at least 26 Cuban human rights monitors and independent activists who were arrested in the aftermath of the United Nations investigation are currently serving prison sentences or being held without trial; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the United Nations Commission on Human Rights approved a resolution on March 9, 1989, calling on the Government of Cuba to cooperate with the Secretary General of the United Nations in settling unresolved questions of human rights.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Statement of Policy</inline>.—</heading> <chapeau>In the interest of promoting respect for internationally recognized human rights in Cuba, the Congress—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>calls on the Secretary General of the United Nations to act upon the resolution approved by the Commission on Human Rights March 9, 1989, calling on the Secretary General to take appropriate action to follow up on the Commission’s report on human rights in Cuba; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>calls on the Secretary General to specifically urge the Government of Cuba to release at least 26 persons still being held in detention because of their human rights activities.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/89">104 STAT. 89</page> <section> <num value="1007">SEC. 1007. </num> <heading>CONCERNING THE SUBMISSION TO THE CONGRESS OF AGREEMENTS PERTAINING TO THE BOUNDARIES OF THE UNITED STATES.</heading> <content>It is the sense of the Congress that all international agreements pertaining to the international boundaries of the United States should be submitted to the Congress for such consideration as is appropriate pursuant to the respective constitutional responsibilities of the Senate and the House of Representatives.</content> </section> <section> <num value="1008">SEC. 1008. </num> <heading>REPORT TO CONGRESS CONCERNING OCEANIA.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Territories, U.S.</p></sidenote> <chapeau>Not later than 180 days after the date of the enactment of this Act, and one year thereafter, the Secretary of State shall prepare and submit an unclassified report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sets forth in detail the policy of the United States with respect to Oceania, which is comprised of Polynesia, Micronesia, and Melanesia;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>examines the nature, extent, and source of political, social, and economic instability affecting states in such region;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>assesses the impact and level of communist influence in Oceania;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>analyzes projections for the total economic growth of such region, with particular emphasis on the exclusive economic zones (EEZ); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>makes recommendations for specific measures necessary to ensure a strong United States presence in Oceania that contributes to and strengthens democratic institutions and economic growth for the states of the region.</content> </paragraph> </section> <section> <num value="1009">SEC. 1009. </num> <heading>REPORT CONCERNING MEXICO.</heading> <chapeau>Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report concerning the relationship between the United States and Mexico. Such report shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>analyze potential changes in political, cultural, diplomatic, economic, and other factors as the United States and Mexico move toward greater economic integration and cooperation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>consider the feasibility and effect of a three-way meeting among Canada, Mexico, and the United States to discuss greater economic integration and cooperation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>analyze political, cultural, diplomatic, economic, and other factors related to the development of an economically integrated and cooperative border region between Mexico and the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>evaluate the adequacy of the resources of the Department of State which currently address relations between the United States and Mexico, including a projection of future needs to handle the increasing work load requirements resulting from the growing flow of goods, services, and people across the United States-Mexican border.</content> </paragraph> </section> <section> <num value="1010">SEC. 1010. </num> <heading>ESTABLISHMENT OF A LATIN AMERICAN AND CARIBBEAN DATA BASE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <content>Of the funds authorized to be appropriated for fiscal year 1990 by section 101(a)(1) $1,300,000 are authorized to<page identifier="/us/stat/104/90">104 STAT. 90</page> be appropriated to provide continued support for the establishment of a Latin American and Caribbean Data base.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Conditions</inline>.—</heading> <chapeau>In developing the data base described in subsection (a), the Secretary of State shall be required to satisfy the following conditions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Any agreement for an on-line bibliographic data base entered into for purposes of this section shall continue to be subject to full and open competition or merit review among qualified United States institutions with strong Latin American and Caribbean programs.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of State shall ensure that funds are not awarded to maintain services which are significantly duplicative of existing services.</content> </paragraph> </subsection> </section> <num value="XI">TITLE XI—</num> <heading class="inline">BUDGET ACT COMPLIANCE</heading> <section> <num value="1101">SEC. 1101. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t22/s2651">22 USC 2651 note</ref>.</p></sidenote> <heading>COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Limitation on Spending Authority</inline>.—</heading> <content>Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974) which is provided under this Act shall be effective for any fiscal year only to the extent or in such amounts as are provided in advance in appropriation Acts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Limitation on Contract Authority</inline>.—</heading> <chapeau>Any authority provided by this Act to enter into contracts shall be effective only—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the extent that the budget authority for the obligation to make outlays, which is created by the contract, has been provided in advance by an appropriation Act; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to the extent or in such amounts as are provided in advance in appropriation Acts.</content> </paragraph> </subsection> </section> <section> <num value="1102">SEC. 1102. </num> <heading>WAIVER OF EARMARKS.</heading> <content>Section 101(a)(1) that follows “1991”; 101(c); 102(a)(2); 221(b); 702(a); 702(b) and 704(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (including amendments made thereunder), and section 1204 of the Foreign Service Act of 1980 as amended by section 149(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; section 505(e)(3) of title V of the United States Information and Educational Exchange Act of 1948, as amended by section 205 of the Foreign Relations Authorization Act, Fiscal Years<page identifier="/us/stat/104/91">104 STAT. 91</page> 1990 and 1991; and section 404(b) of the Asia Foundation Act as amended by section 501 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; are hereby waived during fiscal years 1990 and 1991. So much of the preceding sentence as pertains to the<sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p></sidenote> Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 shall take effect only on the date of enactment of this Act.</content> </section> Approved February 16, 1990.
LEGISLATIVE HISTORY—H.R. 3792: CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed House.

Vol. 136 (1990): Jan. 29, 30, considered and passed Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Feb. 16, Presidential statement.

 Public Law 101–247: Designating February 16, 1990, as “Lithuanian Independence Day”. Public Law 247 Public Law 101–247 104 Stat. 92 1990-02-16 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 2025-06-19 101 public 104 STAT. 92 Public Law 101–247 101st Congress
Joint Resolution Designating February 16, 1990, as “Lithuanian Independence Day”.

Feb. 16, 1990

[H.J. Res. 149]

 Whereas February 16, 1990, is the 72nd anniversary of the declaration of independence of Lithuania; Whereas on February 16, 1918, the Council of Lithuania, the sole representative of the Lithuanian people, in conformity with the recognized right to national self determination, proclaimed the restoration of an independent and democratic Lithuania and ended all ties that formally subordinated Lithuania to other nations; Whereas Lithuania was independent until 1940 when the Soviet Union took over the country; Whereas the United States opposes tyranny and injustice in all forms and supports the cause of Lithuanian independence; and Whereas the oppressed people currently living in Lithuania keep the flame of freedom forever burning in their hearts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That February 16, 1990, is designated as “Lithuanian Independence Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to celebrate such day with appropriate ceremonies and activities.
Approved February 16, 1990.
LEGISLATIVE HISTORY—H.J. Res. 149 (S.J. Res. 208)" CONGRESSIONAL RECORD:

Vol. 135 (1989): June 29, considered and passed House.

Vol. 136 (1990): Jan. 30, considered and passed Senate.

 Public Law 101–248: Designating the week of March 1 through March 7, 1990, as “National Quarter Horse Week”. Public Law 248 Public Law 101–248 104 Stat. 93 1990-02-27 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 2025-06-19 101 public 104 STAT. 93 Public Law 101–248 101st Congress
Joint Resolution Designating the week of March 1 through March 7, 1990, as “National Quarter Horse Week”.

Feb. 27, 1990

[H.J. Res. 186]

 Whereas the American Quarter Horse Association was founded on March 15, 1940, to record and preserve the pedigrees of American quarter horses, and continues to serve such purposes; Whereas the American quarter horse has played a significant role in the development of the United States and contributed to the western heritage of the Nation; Whereas the American Quarter Horse Association has developed into the largest equine registry in the world, with more than two million eight hundred thousand American quarter horses and two hundred thousand individuals located in the United States and sixty-two foreign countries; Whereas the American quarter horse industry has become invaluable to the agriculture industry of the Nation, and American quarter horses are enjoyed by more individuals than any other breed of horse in the world; and Whereas the American Quarter Horse Association celebrates its fiftieth anniversary in March 1990: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of March 1 through March 7, 1990, is designated as “National Quarter Horse Week’’, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate ceremonies and activities.
Approved February 27, 1990.
LEGISLATIVE HISTORY—S.J. Res. 186: CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 20, considered and passed Senate.

Vol. 136 (1990): Feb. 21, considered and passed House.

 Public Law 101–249: To amend the Immigration and Nationality Act to provide a procedure for an alien who dies while serving on active-duty with the United States armed forces during certain periods of hostilities to be considered a citizen of the United States at the time of the alien’s death. Public Law 249 Public Law 101–249 104 Stat. 94 1990-03-06 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 2025-06-19 101 public 104 STAT. 94 Public Law 101–249 101st Congress
An Act To amend the Immigration and Nationality Act to provide a procedure for an alien who dies while serving on active-duty with the United States armed forces during certain periods of hostilities to be considered a citizen of the United States at the time of the alien’s death.

Mar. 6, 1990

[H.R. 150]

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

Posthumous Citizenship for Active Duty Service Act of 1989.

8 USC 1101 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Posthumous Citizenship for Active Duty Service Act of 1989”.
SEC. 2. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-DUTY SERVICE IN THE ARMED FORCES DURING WORLD WAR I, WORLD WAR II, THE KOREAN HOSTILITIES. THE VIETNAM HOSTILITIES, OR IN OTHER PERIODS OF MILITARY HOSTILITIES. (a) In General.— Chapter 2 of title III of the Immigration and Nationality Act is amended by inserting after section 329 (8 U.S.C. 1440) the following new section:
“posthumous citizenship through death while on active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities “Sec. 329A.

8 USC 1440–1.

 (a) Permitting Granting of Posthumous Citizenship.— Notwithstanding any other provision of this title, the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship at the time of death to a person described in subsection (b) if the Attorney General approves an application for that posthumous citizenship under subsection (c). “(b) Noncitizens Eligible for Posthumous Citizenship.— A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States— “(1) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a), “(2) died as a result of injury or disease incurred in or aggravated by that service, and “(3) satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a). The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2). “(c) Requests for Posthumous Citizenship.— A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of the person only by the next-of-kin (as defined by the Attorney General) or another representative (as104 STAT. 95 defined by the Attorney General). The Attorney General shall approve such a request respecting a person if— “(1) the request is filed not later than 2 years after— “(A) the date of the enactment of this section, or “(B) the date of the person’s death, whichever date is later; “(2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b); and “(3) the Attorney General finds that the person satisfied the requirement of subsection (b)(3). “(d) Documentation of Posthumous Citizenship.— If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the person’s death. “(e) No Benefits to Survivors.— Nothing in this section or section 319(d) shall be construed as providing for any benefits under this Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.”.
(b) Clerical Amendment.— The table of contents of such Act is amended by inserting after the item relating to section 329 the following new item: “Sec. 329A.
Approved March 6, 1990.
LEGISLATIVE HISTORY—H.R. 150: HOUSE REPORTS: No. 101–350 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 13, considered and passed House.

Vol. 136 (1990): Feb. 20, considered and passed Senate.

 Public Law 101–250: To amend the Elementary and Secondary Education Act of 1965 to extend the authorization for certain school dropout demonstration programs. Public Law 250 Public Law 101–250 104 Stat. 96 1990-03-06 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 2025-06-19 101 public 104 STAT. 96 Public Law 101–250 101st Congress
An Act To amend the Elementary and Secondary Education Act of 1965 to extend the authorization for certain school dropout demonstration programs.

Mar. 6, 1990

[H.R. 2281]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF SCHOOL DROPOUT DEMONSTRATION PROGRAMS. Section 6003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3243) is amended— (1) by striking “There” and inserting the following: “(a) In General.—Subject to subsection (b), there”; (2) by inserting “each of” before “the fiscal”; (3) by striking “year” and inserting “years”; (4) by inserting before the period the following: “, 1990, and 1991”; and (5) by adding at the end the following new subsection: “(b) No amounts are authorized to be appropriated under subsection (a) for any fiscal year in which assistance is made available to local educational agencies under part C of chapter 1 of title I.”.
SEC. 2. AUTHORIZATION OF USE OF FUNDS FOR EVALUATION ACTIVITIES. Subsection (a) of section 6004 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3244) is amended— (1) by inserting after “the Secretary” the following: “shall first reserve not more than $1,500,000 for the purposes of evaluating programs carried out with assistance under this part. From the remaining amount, the Secretary”; and (2) by striking “the amount appropriated” each place it appears after the first occurrence and inserting “such remaining amount”.
SEC. 3. AUTHORIZATION OF REALLOTMENT OF CERTAIN FUNDS. Paragraph (1) of section 6004(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3244(b)) is amended by striking “25 percent” and inserting “not less than 25 percent and not more than 50 percent”.
104 STAT. 97
SEC. 4. DEADLINE FOR EVALUATIONS. Subsection (d) of section 6201 of the Elementary and Secondary Education Act of 1965 is amended by striking “at the end” and all

20 USC 3271.

 that follows and inserting “not later than the expiration of the 6-month period following the end of the grant period.”.
Approved March 6, 1990.
LEGISLATIVE HISTORY—H.R. 2281: HOUSE REPORTS: No. 101–82 (Comm. on Education and Labor). CONGRESSIONAL RECORD:

Vol. 135 (1989): June 13, considered and passed House.

Vol. 136 (1990): Feb. 20, considered and passed Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Mar. 6, Presidential statement.

 Public Law 101–251: To designate March 11 through March 17, 1990, as “Deaf Awareness Week”. Public Law 251 Public Law 101–251 104 Stat. 98 1990-03-13 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 2025-06-19 101 public 104 STAT. 98 Public Law 101–251 101st Congress
Joint Resolution To designate March 11 through March 17, 1990, as “Deaf Awareness Week”.

Mar. 13, 1990

[H.J. Res. 227]

 Whereas during the second week of March 1988, a revolutionary sequence of historic social events evolved on the campus of Gallaudet University, the only university in the Nation which teaches exclusively deaf and hard of hearing students; Whereas the events which occurred at Gallaudet University in the Spring of 1988 had great significance to all Americans, especially those who are deaf or hard of hearing; Whereas the week long social protest at Gallaudet University awakened the people of nations around the world to the fact that deaf and hard of hearing individuals are able to achieve at the same level as others and need to be recognized as individuals with unique abilities and qualities; and Whereas the week long social protest at Gallaudet University served to educate and sensitize the American people concerning the hopes and dreams of the twenty-four million Americans who are deaf or hard of hearing: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That March 11 through March 17, 1990, is designated as “Deaf Awareness Week”. The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this week by remembering the significance of the historic social movement, which began in March 1988 at Gallaudet University, through appropriate ceremonies and activities.
Approved March 13, 1990.
LEGISLATIVE HISTORY—S.J. Res. 227 (H.J. Res. 140): CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 20, H.J. Res. 140 considered and passed House.

Vol. 136 (1990): Feb. 26, S.J. Res. 227 considered and passed Senate.

Mar. 7, considered and passed House

 Public Law 101–252: To designate March 10, 1990, as “Harriet Tubman Day”. Public Law 252 Public Law 101–252 104 Stat. 99 1990-03-13 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 2025-06-19 101 public 104 STAT. 99 Public Law 101–252 101st Congress
Joint Resolution To designate March 10, 1990, as “Harriet Tubman Day”.

Mar. 13, 1990

[S.J. Res. 257]

 Whereas Harriet Ross Tubman was born into slavery in Bucktown, Maryland, in or around the year 1820; Whereas she escaped slavery in 1849 and became a “conductor” on the Underground Railroad; Whereas she undertook a reported nineteen trips as a conductor, endeavoring despite great hardship and great danger to lead hundreds of slaves to freedom; Whereas Harriet Tubman became an eloquent and effective speaker on behalf of the movement to abolish slavery; Whereas she served in the Civil War as a soldier, spy, nurse, scout, and cook, and as a leader in working with newly freed slaves; Whereas after the War, she continued to fight for human dignity, human rights, opportunity, and justice; and Whereas Harriet Tubman—whose courageous and dedicated pursuit of the promise of American ideals and common principles of humanity continues to serve and inspire all people who cherish freedom—died at her home in Auburn, New York, on March 10, 1913: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That March 10, 1990 be designated as “Harriet Tubman Day,” to be observed by the people of the United States with appropriate ceremonies and activities.
Approved March 13, 1990.
LEGISLATIVE HISTORY—S.J. Res. 257: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 6, considered and passed Senate.

Mar. 7, considered and passed House.

 Public Law 101–253: To change the name of “Marion Lake”, located northwest of Marion. Kansas, to “Marion Reservoir”. Public Law 253 Public Law 101–253 104 Stat. 100 1990-03-14 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 2025-06-19 101 public 104 STAT. 100 Public Law 101–253 101st Congress
An Act To change the name of “Marion Lake”, located northwest of Marion. Kansas, to “Marion Reservoir”.

Mar. 14, 1990

[S. 1016]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the lake located northwest of the City of Marion, Kansas, commonly known as “Marion Lake”, and adopted and authorized in Public Law 81–516, shall hereafter be known and designated as “Marion Reservoir”. Any reference to such lake in a law, map, regulation, document, record or other paper of the United States shall be deemed to be a reference to “Marion Reservoir”.
Approved March 14, 1990.
LEGISLATIVE HISTORY—S. 1016: CONGRESSIONAL RECORD:

Vol. 135 (1989): Aug. 2, considered and passed Senate.

Vol. 136 (1990): Feb. 27, considered and passed House.

 Public Law 101–254: To extend and amend the Library Services and Construction Act, and for other purposes. Public Law 254 Public Law 101–254 104 Stat. 101 1990-03-15 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 2025-06-19 101 2 public 104 STAT. 101 Public Law 101–254 101st Congress
An Act To extend and amend the Library Services and Construction Act, and for other purposes.

Mar. 15, 1990

[H.R. 2742]

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

Library Services and Construction Act Amendments of 1990

20 USC 351 note.
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.— This Act may be cited as the “Library Services and Construction Act Amendments of 1990”. (b) References.— References in this Act to “the Act” are references to the Library Services and Construction Act (20 U.S.C. 351 et seq.).
SEC. 2. DEFINITIONS. Section 3 of the Act is amended—

20 USC 351a.

 (1) in paragraph (2)— (A) by striking “and initial equipment” and inserting “and for the purchase, lease, and installation of equipment”; (B) by striking “to conserve energy” and inserting “to ensure safe working environments and to conserve energy”; and (C) by striking “includes machinery” and inserting “includes information and building technologies, video and telecommunications equipment, machinery”; and (2) by adding at the end thereof the following new paragraphs: “(17) The term ‘handicapped individual’ means an individual who is physically or mentally impaired, visually impaired, or hearing impaired. “(18) The term ‘network’ means any local, statewide, regional, interstate, or international cooperative association of library entities which provide for the systematic and effective coordination of the resources of school, public, academic, and special libraries and information centers for improved supplementary services for the clientele served by each type of library entity.”.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Amendment.— Section 4(a) of the Act is amended to read as

20 USC 351b.

 follows:
“Sec. 4. (a) There are authorized to be appropriated— “(1) for the purpose of making grants as provided in title I, $100,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; “(2) for the purpose of making grants as provided in title II, $55,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; “(3) for the purpose of making grants as provided in title III, $35,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; 104 STAT. 102 “(4) for the purpose of making grants as provided in title V, $1,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; “(5) for the purpose of making grants as provided in title VI, $10,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; “(6) for the purpose of activities as provided in title VII, $500,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years; and “(7) for the purpose of making grants as provided in title VIII, $6,000,000 for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years, except that no amounts are authorized to be appropriated under this paragraph for any fiscal year unless the total amount appropriated pursuant to paragraphs (1), (2), and (3) for such fiscal year equals or exceeds sum of the total amount appropriated pursuant to such paragraphs for the preceding fiscal year, plus 4 percent of such total amount. There shall be available for the purpose of making grants under title IV for each of the fiscal years 1990, 1991, 1992, 1993, and 1994, 1.5 percent of the amount appropriated pursuant to each of paragraphs (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 5(d) for such fiscal years 0.5 percent of the amount appropriated pursuant to each of such paragraphs for each such fiscal year.”.
(b)

20 USC 351b.

 Carryover of Funds.— Section 4(b) of the Act is amended by striking “and for the next succeeding fiscal year” and inserting “and is authorized to remain available until expended”.
SEC. 4. ALLOCATIONS. (a)

20 USC 351c.

 Amendment.— Section 5(c) of the Act is amended to read as follows: “(c)

Indians.

 (1) From one-half of the sums available pursuant to the second sentence of section 4(a) for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe that submits an approved application under section 403. “(2) From the remaining one-half of the sums available pursuant to such second sentence, the Secretary shall make allocations to Indian tribes that (A) are receiving an allocation under paragraph (1) of this subsection for such fiscal year; and (B) have submitted approved applications under section 404. “(3) In making allocations under paragraph (2)— “(A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian; and “(B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 402(b). “(4) In making allocations under this subsection, the Secretary shall take such actions as may be necessary to prevent an allocation from being received to serve the same population by any 2 or more of the following entities (as defined in or established pursuant to the Alaskan Native Claims Settlement Act): an Alaskan native village, a regional corporation, or a village corporation.”. (b)

20 USC 351d.

 Conforming Amendment.— Section 6(g)(2) of the Act is amended by inserting after “section 5(c)(2)” the following: “in the same fiscal year in which it has received an allocation under section 5(c)(1)”.
104 STAT. 103
SEC. 5. ANTIDISCRIMINATION PROVISION.

20 USC 351d.

 Section 6(b) of the Act is amended by— (1) striking “and” at the end of paragraph (3); (2) redesignating paragraph (4) as paragraph (5); and (3) inserting the following new paragraph (4) after paragraph (3): “(4) provide assurances that libraries within the State that receive funds under this Act shall not discriminate on the basis of race, religion, age, gender, national origin, or handicapping condition in providing space for public meetings; and”.
SEC. 6. RESOURCE SHARING COORDINATION.

State and local governments.

 Section 6 of the Act is amended— (1) in subsection (d)(1), by striking “and construction” and inserting “, construction, and interlibrary cooperation and resource sharing”; and (2) by adding at the end thereof the following new subsection: “(h) The Secretary shall coordinate programs under titles V and VI of this Act with the programs assisted by titles I, II, and III of this Act, and shall provide to the head of the State library administrative agency the opportunity to comment on any application for a grant under title V or VI of this Act prior to the awarding of the grant, in order to assure that such grants from the Secretary are for purposes consistent with the long-range program required under subsection (d) of this section.”.
SEC. 7. MAINTENANCE OF EFFORT.

State and local governments.

20 USC 351e.

 (a) General Requirement.— Section 7(a) of the Act is amended by striking paragraphs (1) and (2) and inserting the following: “(1) there will be available from State and local sources for expenditure under the programs, during the fiscal year for which the allotment is made, an amount that equals or exceeds the amount required to provide the State percentage as required by subsection (b); and “(2) (A) there will be available for expenditure for State aid to public libraries and library systems, during the fiscal year for which the allotment is made, an aggregate amount equal to 90 percent of the amount actually expended for such purposes in the second preceding fiscal year; and “(B) there will be available for expenditure, during the fiscal year for which the allotment is made, for the State library administrative agency, or for the part thereof charged by State law with the extension and development of public library services throughout the State, an aggregate amount equal to 90 percent of the amount actually expended for such purpose in the second preceding fiscal year. The Secretary may, in accordance with regulations, waive the requirements of paragraph (2) of this subsection, if the Secretary determines that the application of such paragraph would be unjust or unreasonable in the light of exceptional extenuating circumstances.”. (b) Institutional Library Services.— The last sentence of section 103 is amended by inserting before the period at the end thereof the

20 USC 354.

 following: “and to the extent that the Secretary determines that the populations served by such expenditures has declined”.
104 STAT. 104
SEC. 8. EDUCATION RESEARCH LIBRARY. (a) Amendment.— The Library Services and Construction Act is further amended by inserting after section 8 the following new section:
“education research library “Sec. 9.

20 USC 351g.

 None of the activities or functions of the Department of Education Research Library which are utilized, directly or in-directly, by the Secretary in carrying out this Act and which were not performed by contractors as of July 26, 1989, shall be contracted out or otherwise transferred from the Federal Government before September 30, 1991, unless such transfer is expressly authorized by statute, or unless the value of all work performed under the contract and related contracts in each fiscal year does not exceed $50,000.”.
(b) Study Required.— The Comptroller General shall conduct a study

Reports.

 of the Department of Education Research Library. The Comptroller General shall prepare and submit a report on the study required by this section by no later than January 30, 1991, together with such recommendations and any statutory changes required to carry out such recommendations, as the Comptroller deems necessary. Such study shall include— (1) an assessment of the historic and scholastic value and significance of the library’s collection to educators, education researchers, historians, and others; (2) a review of the feasibility and merits of expanding public access to and use of the library’s collections and alternative means by which such access could be promoted; and (3) an evaluation of the quality and effectiveness of services provided by the library to Department personnel and recommendations for improving such services.
SEC. 9.

Voluntarism.

 INTERGENERATIONAL LIBRARY SERVICES.

20 USC 352.

Section 101 of the Act is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (4) the following new paragraph: “(5) for assisting libraries in developing intergenerational library programs that will match older adult volunteers with libraries interested in developing after school literacy and reading skills programs for unsupervised school children during afterschool hours;”.
SEC. 10. CHILDCARE LIBRARY OUTREACH. Section 101 of the Act is further amended by inserting after paragraph (5) the following new paragraph: “(6) for assisting libraries in providing mobile library services and programs to child-care providers or child-care centers which are licensed or certified by the State, or otherwise meet the requirements of State law;”.
SEC. 11. LIBRARY LITERACY CENTERS. Section 101 of the Act is further amended by inserting after paragraph (6) the following new paragraph: “(7) to establish and support model library literacy centers, coordinated by the State library administrative agency with other interested State agencies and nonprofit organizations to 104 STAT. 105reduce the number of functionally illiterate individuals and to help them reach full employment;”.
SEC. 12. DRUG ABUSE PREVENTION. Section 101 of the Act is further amended by inserting after paragraph (7) the following new paragraph: “(8) for assisting libraries in providing and displaying educational materials, and conducting community-wide programs, aimed at preventing and eliminating drug abuse, in cooperation with local education agencies or other agencies or organizations, if appropriate;”.
SEC. 13. USE OF TITLE I FUNDS. Section 102(a) of the Act is amended by adding at the end thereof

20 USC 353.

 the following new sentence: “In carrying out its program to accomplish the purposes of this title, a State may make subgrants to library systems or networks which include libraries other than public libraries, if the purpose of the subgrant is to improve services for public library patrons.”.
SEC. 14. RATABLE REDUCTIONS OF MAJOR URBAN RESOURCE LIBRARIES. Section 102(c) of the Act is amended by adding at the end thereof the following new paragraph: “(3) No State shall, in carrying out the provisions of paragraph (2) of this subsection, reduce the amount paid to any major urban resource library below the amount that such library received in the fiscal year preceding the fiscal year for which the determination is made under such paragraph (2), except that such amount may be ratably reduced to the extent that (A) the total Federal allocations to the State under section 5 for purposes of this title for the applicable fiscal year are reduced, or (B) the 1990 Census shows the population of the city served by such library has decreased.”.
SEC. 15. STATE ANNUAL PROGRAM. Section 103 of the Act is amended—

20 USC 354.

 (1) in paragraph (3), by striking “and institutionalized individuals”; (2) in paragraph (4), by striking everything following “elderly” the first place it appears and inserting a semicolon; and (3) by striking paragraph (5) and inserting the following: “(5) describe the uses of funds to make library services and programs more accessible to handicapped individuals.”.
SEC. 16. TECHNOLOGY ENHANCEMENT. (a) Definition.— Section 3 of the Act is further amended by adding at the end thereof the following new paragraph: “(19) The term ‘technology enhancement’ means the acquisition, installation, maintenance, or replacement, of substantial technological equipment (including library bibliographic automation equipment) necessary to provide access to information in electronic and other formats made possible by new information and communications technologies.”. (b) Use of Title I Funds.— Section 101 of the Act is further amended— (1) by striking “and” at the end of paragraph (9) (as redesignated by section 7(1)); 104 STAT. 106 (2) by striking the period at the end of paragraph (10) (as redesignated by section 7(1)) and inserting and“; and”; and (3) by adding at the end thereof the following new paragraph: “(11) for assisting public libraries in making effective use of technology to improve library and information services.”. (c) Use of Title II Funds.— Title II of the Act is amended— (1) by inserting “AND TECHNOLOGY ENHANCEMENT” after “CONSTRUCTION” in the heading of such title; (2) by inserting “and library and information technology enhancement” after “construction” in the head of section

20 USC 355a.

201; (3) by inserting “and technology enhancement” after

20 USC 355a–355c.

“construction” each place it appears in sections 201, 202(a), 202(b), 203(1), 203(2), and 203(3); (4) by striking “section 3(2)” in section 202(a) and inserting “sections 3(2) and 3(19), respectively”; and (5) by inserting “and technology enhancement” after “construction” in the heading of section 203. (d)

20 USC 355e–1.

 Use of Title III Funds.— Section 302(a) of the Act is amended— (1) by striking “and” at the end of clause (1); and (2) by inserting before the period at the end of clause (2) the following: “; and (3) developing the technological capacity of libraries for interlibrary cooperation and resource sharing”.
SEC. 17. PRESERVATION OBJECTIVES IN CONSTRUCTION.

20 USC 355c.

Section 203 of the Act is amended— (1) by striking the period at the end of paragraph (4) and inserting “; and”; and (2) by adding at the end thereof the following new paragraph: “(5) follow policies and procedures in the construction of public libraries that will promote the preservation of library and information resources to be utilized in the facilities.”.
SEC. 18. RESOURCE SHARING. (a) Attainment of Compliance With Resource Sharing Plans.—

20 USC 355e, 355e–3

 Sections 301 and 304(a) of the Act are each amended by striking “eventual” and inserting “attaining”. (b) School Library Resources.— Section 304 of the Act is amended by adding at the end thereof the following new subsection: “(e) Public and school libraries which cooperate to make school library resources available to the public during periods when school is not in session may be reimbursed for such expenses.”.
SEC. 19.

State and local governments.

 PRESERVATION COOPERATION. Title III of the Act is amended by adding at the end thereof the following new section:
“preservation programs “Sec. 305.

20 USC 355e–4.

 (a) The long-range program and annual program of each State under this title may— “(1) include a statewide preservation cooperation plan that complies with this section; and “(2) identify the preservation objectives to be achieved during the period covered by the long-range plans required by section 6. “(b) A statewide preservation cooperation plan complies with this section if— 104 STAT. 107 “(1) such plan specifies the methods by which the State library administrative agency will work with libraries, archives, historical societies, scholarly organizations, and other agencies, within or outside the State, in planning, education and training, coordinating, outreach and public information, and service programs to ensure that endangered library and information resources are preserved systematically; and “(2) such preservation plan is developed in consultation with such parties and agencies as the State archives, historical societies, libraries, scholarly organizations, and other interested parties. “(c) A State which has a statewide preservation cooperation plan that complies with this section may use funds under this title to carry out such plan. “(d) The State library administrative agency may contract part or all of the preservation program under this section to other agencies or institutions.”.
SEC. 20. MAXIMUM GRANTS UNDER TITLE V. Section 501(c) of the Act is amended by striking “$15,000.” and

20 USC 371.

 inserting “$35,000, except that— “(1) not more than 30 percent of the funds available for grants under this title in any fiscal year may be used to make grants in amounts between $35,000 and $125,000; and “(2) no recipient may receive more than one grant under this title for any fiscal year.”.
SEC. 21. LIBRARY LITERACY GRANTS. Section 601(e) of the Act is amended by striking “$25,000” and

20 USC 375.

 inserting “$35,000”.
SEC. 22. EVALUATION AND ASSESSMENT. (a) Amendment.— The Act is further amended by adding at the end thereof the following new title: <num value="VII">“TITLE VII—</num><heading>EVALUATION AND ASSESSMENT</heading> <section> <heading class="smallCaps centered">“PROGRAM AUTHORITY</heading> <num class="smallCaps" value="701">“Sec. 701. </num> <content class="inline">The Secretary is authorized to carry out a program for<sidenote><p class="indent0 firstIndent0 fontsize8">Grants. Contracts.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s381">20 USC 381</ref>.</p></sidenote> the purpose of evaluation and assessment (directly or by grants or contracts) of programs authorized under this Act.”.</content> </section> (b) Conforming Amendment.— Section 5(a) of the Act is amended

20 USC 351c.

by striking out paragraph (5).
SEC. 23. FAMILY LEARNING CENTER PROGRAMS. (a) Amendment.— The Library Services and Construction Act is amended by adding at the end the following: <num value="VII">“TITLE VIII—</num><heading>LIBRARY LEARNING CENTER PROGRAMS</heading> <part> <num class="smallCaps" value="A">“Part A—</num><heading class="smallCaps">Family Learning Centers</heading> <section> <heading class="smallCaps centered">“statement of purpose</heading> <num class="smallCaps" value="801">“Sec. 801. </num> <content class="inline">It is the purpose of this part to expand and improve <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385">20 USC 385</ref>.</p></sidenote>opportunities for lifetime learning and the involvement of the Nation’s families as partners in their children’s education by providing <page identifier="/us/stat/104/108">104 STAT. 108</page>comprehensive, family-oriented library services through Family Learning Centers.</content> </section> <section> <heading class="smallCaps centered">“grants for family learning centers</heading> <num class="smallCaps" value="802">“Sec. 802. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385a">20 USC 385a</ref>.</p></sidenote> <content class="inline">The Secretary shall carry out a program of making grants from sums appropriated pursuant to paragraph (7) of section 4(a) to local public libraries for the purposes of supporting family learning centers.</content> </section> <section> <heading class="smallCaps centered">“use of funds</heading> <num class="smallCaps" value="803">“Sec. 803. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385b">20 USC 385b</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>Funds made available to a grantee under this part shall be used to initiate, expand, or improve public library services to families.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau>Not less than 25 percent of the funds made available under this part shall be used for the acquisition of resources and materials in print and electronic formats—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>which are intended for use by and with adults, including materials in such areas as child care, child development, nutrition, parenting skills, and job and career information; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>which are intended for use by and with children and adolescents.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau>Not less than 10 percent of the funds made available to a grantee under this part shall be used for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the acquisition or leasing of computer hardware for use by library patrons, including services necessary for the operation, installation, and maintenance of such equipment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the acquisition of computer software and complementary explanatory material for use by library patrons.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“application</heading> <num class="smallCaps" value="804">“Sec. 804. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385c">20 USC 385c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>Any local public library which wishes to receive a grant under this part shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary determines is necessary to evaluate the quality of the applicant’s proposal and the applicant’s ability to carry it out.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau>Each such application shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>describe the manner in which the funds will be used to initiate, expand, or improve library services to families;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide assurances that the library will be open on weekday evenings, Saturdays, and some Sundays and legal public holidays to enable families in which both parents work outside the home to utilize the library’s services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>demonstrate that the library has or will have sufficient qualified staff with specialized training in providing library services to children, adolescents, and adults;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>provide for the establishment of an advisory committee consisting of parents, teachers, local school administrators, librarians, library administrators, library trustees, local elected officials, and business leaders, at least one-third of whom are parents who regularly use the services of the library;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide for the establishment of a family library loan program through which families may borrow sets of books for extended periods, and other innovative programs and policies designed to encourage greater use of the library by families;</content> </paragraph> <page identifier="/us/stat/104/109">104 STAT. 109</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>provide for a job and career information program to provide information and assistance to parents and others who are unemployed or seeking a new job;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <chapeau>describe, if appropriate, any special services and outreach activities which will be offered to meet the needs of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>adolescent parents;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>single-parent families;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>families in which both parents are employed outside the home;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>parents and children with limited English language proficiency; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>educationally disadvantaged adults and their children;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>describe the methods by which the library will publicize and promote the services of the Center in cooperation with the local media, schools, businesses, social service agencies, and other appropriate entities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>provide assurances that the funds provided will be used to supplement and not supplant funds otherwise available for the purposes of this part.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“selection of family learning centers</heading> <num class="smallCaps" value="805">“Sec. 805. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau>The Secretary shall select family learning centers on <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385d">20 USC 385d</ref>.</p></sidenote>a competitive basis from among the local public libraries submitting applications under section 804. In making such selection, the Secretary shall give priority to applications which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>promise to serve a significant number of families on a regular basis; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>offer innovative approaches to improving library services for families and approaches which show promise for replication and dissemination.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>In making grants under this title, the Secretary shall assure that there is an equitable distribution of grants among the States and between urban and rural communities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>No grant made under this title for any fiscal year shall exceed $200,000.</content> </subsection> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num class="smallCaps" value="806">“Sec. 806. </num> <content class="inline">There are authorized to be appropriated $3,000,000 for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s385e">20 USC 385e</ref>.</p></sidenote> fiscal year 1990 and such sums as may be necessary for each succeeding fiscal year to carry out the provisions of this part.</content> </section> </part> <part> <num class="smallCaps" value="B">“Part B—</num><heading class="smallCaps">Library Literacy Centers</heading><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p></sidenote> <section> <heading class="smallCaps centered">“statement of purpose</heading> <num class="smallCaps" value="811">“Sec. 811. </num> <chapeau>The purposes of this part are to—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386">20 USC 386</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>establish model library literacy centers throughout the country to serve as resource centers for the dissemination of literacy materials and equipment to local public libraries in order to help overcome the high incidence of adults with limited literacy skills in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>help adults with limited literacy skills reach full employment through nonthreatening learning experiences in their local public library or in their own home; and</content> </paragraph> <page identifier="/us/stat/104/110">104 STAT. 110</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>offer innovative approaches to improving library literacy services to adults and approaches which show promise for replication and dissemination.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“grants to states for library literacy centers</heading> <num class="smallCaps" value="812">“Sec. 812. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386a">20 USC 386a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>The Secretary shall carry out a program of making grants on a competitive basis to States which have an approved basic State plan under section 6 of this Act and an approved application under section 813 of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num><chapeau>The total grant amount awarded to each State shall not exceed—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$350,000 in the first fiscal year in which a State receives a grant under this part; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$100,000 in the second and third fiscal years in which a State receives a grant under this part.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Funds received in the first fiscal year in which a State receives a grant under this part shall remain available until expended. Funds received in the second and third fiscal year in which a State receives a grant under this part shall be available only for the fiscal year for which funds are received.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Funds received in the second and third fiscal years in which a State receives a grant under this part shall be matched, on a dollar for dollar basis, from non-Federal sources.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“state application</heading> <num class="smallCaps" value="813">“Sec. 813. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386b">20 USC 386b</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Funds appropriated pursuant to section 818 shall be available for grants to States for the purpose of supporting not more than 1 library literacy center in each State to coordinate the statewide distribution of library literacy materials and equipment on a loan basis to local public libraries within the State.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau>Any State wishing to receive a grant shall, through its State library administrative agency, in conjunction with the advisory committee established under section 816, submit an application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may reasonably require. No application may be approved by the Secretary unless it contains assurances that the State will—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>designate the State library administrative agency, or select a local public library through a competitive process, to serve as a library literacy center in accordance with the provisions of this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>provide assurances that the library literacy center will—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>select local public libraries to participate in a literacy materials and equipment loan program;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>select at least 25 percent of the local libraries that participate in the literacy materials and equipment loan program from rural areas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>give priority in the selection of local public libraries to participate in the literacy materials and equipment loan program to public libraries within the State which serve those in greatest need;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>coordinate the distribution of equipment and materials;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>provide training to local public library personnel;</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/111">104 STAT. 111</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>describe how the results of the grant program will be evaluated and disseminated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>set forth the potential of the grant program for achieving replicability and for serving as a model program; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>distribute 100 percent of the amounts received pursuant to this part to the library literacy center as designated or selected under section 817.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau>The Secretary shall give priority to applicants whose applications comply with the provisions of this part and describe programs and services to be delivered in States which have—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the highest concentrations of adults who do not have a secondary education or its equivalent,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num><content>few community or financial resources to establish the program described under this part without Federal assistance, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>low per capita income, or high concentrations of unemployment or underemployment.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“use of funds</heading> <num class="smallCaps" value="814">“Sec. 814. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Funds made available under this part shall be used<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386c">20 USC 386c</ref>.</p></sidenote> by the library literacy centers to establish coordination centers to make literacy materials and equipment available to local public libraries on a loan basis to initiate, expand, or improve public library literacy services and programs. Such services and programs may include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the acquisition of literacy education equipment including, but not limited to, video recorders and television monitors;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the acquisition of print materials, audio tapes and video tapes designed to train adults with limited literacy skills, including materials and tapes prepared by public television;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the acquisition of library resource materials for literacy instruction purposes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the acquisition of literacy training materials including but not limited to General Education Development (GED) print materials and video tapes; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>staffing for coordination and training of local library personnel on literacy services.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Each library literacy center receiving a grant under this part may use no more than 25 percent of such funds for the acquisition of literacy education computers and computer software.</content> </subsection> </section> <section> <heading class="smallCaps centered">“local application</heading> <num class="smallCaps" value="815">“Sec. 815. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Any local public library desiring to participate in<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386d">20 USC 386d</ref>.</p></sidenote> programs and services conducted pursuant to this part shall submit an application to the State or the library literacy center as selected by the State under section 817 at such time, in such form, and containing such information as the State or the library literacy center determines is necessary to evaluate the quality of the local public library’s proposal and the local public library’s ability to carry out such proposal.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau>Each such application shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>describe the manner in which the equipment and materials will be used to initiate, expand, or improve local library literacy services;</content> </paragraph> <page identifier="/us/stat/104/112">104 STAT. 112</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>demonstrate that the library has or will have sufficient qualified staff and volunteers with specialized training in providing library literacy services to adults;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>provide for the establishment of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a library literacy loan program through which adults with limited literacy skills or individuals helping illiterate adults to learn to read may borrow books, video tapes, and other learning materials; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>other innovative programs and policies designed to encourage greater use of the library by adults with limited literacy skills or individuals helping illiterate adults learn to read;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>provide assurances that coordination will take place with literacy organizations and community-based organizations providing literacy services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide job and career information to adults with limited literacy skills who are unemployed or seeking a new job;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>provide information or referrals to other adult education opportunities in the community;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>describe, if appropriate, any special services and outreach activities which will be offered to meet the needs of adults with limited literacy skills;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>describe the methods by which the library will publicize and promote the services of the library in cooperation with the local media, schools, businesses, social service agencies, and other appropriate entities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>provide assurances that the materials, equipment and training provided will be used to supplement and not supplant materials, equipment and training otherwise available for the purposes of this part.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“advisory committee</heading> <num class="smallCaps" value="816">“Sec. 816. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386e">20 USC 386e</ref>.</p></sidenote> <chapeau class="inline">Each State receiving a grant under this part shall establish an advisory committee to assist in coordinating the services and programs assisted under this part. Such committee shall consist of, but not be limited to, representatives of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Governor’s office;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the State library administrative agency;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the State Advisory Council on Libraries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the State department of education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the State employment office;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>public television; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>adult literacy community organizations.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“selection of literacy learning centers</heading> <num class="smallCaps" value="817">“Sec. 817. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386f">20 USC 386f</ref>.</p></sidenote> <chapeau class="inline">Each State receiving a grant under this part shall designate the State library administrative agency as the library literacy center or shall select a library literacy center on a competitive basis from among the local public libraries submitting applications under section 815. In making such selection, the State shall give priority to applications which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>demonstrate the greatest ability to carry out the requirements of section 813 and to serve other local libraries; and</content> </paragraph> <page identifier="/us/stat/104/113">104 STAT. 113</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>offer innovative approaches to improving library literacy services to adults and approaches which show promise for replication and dissemination.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num class="smallCaps" value="818">“Sec. 818. </num> <content class="inline">There are authorized to be appropriated $3,000,000<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s386g">20 USC 386g</ref>.</p></sidenote> for fiscal year 1991 and such sums as may be necessary for each fiscal year thereafter to carry out the provisions of this part.”.</content> </section> </part> (b) Conforming Amendments.— Section 3 of the Act is amended

20 USC 351a.

 by adding at the end thereof the following: “(20) The term ‘educationally disadvantaged adult’ has the meaning given that term in section 312(3)(A) of the Adult Education Act of 1988 (20 U.S.C. 2101a). “(21) The term ‘adult with limited literacy skills’ means an adult whose minimal skills in reading, writing, or computation or in performing basic arithmetical computations preclude the individual from functioning in society without assistance from others.”.
SEC. 24. TECHNICAL AMENDMENT. Title I of the Act is amended— (1) by inserting “PUBLIC” before “LIBRARY” in the heading of such title; and (2) by inserting “public” before “library” in the heading of section 101.

20 USC 352.
SEC. 25. EFFECTIVE DATE.

20 USC 351a note.

 The amendments made by this Act shall take effect on October 1, 1990.
Approved March 15, 1990.
LEGISLATIVE HISTORY—H.R. 2742 (S. 1291): HOUSE REPORTS: No. 101–237 (Comm. on Education and Labor) and No. 101–407 (Comm. of Conference). SENATE REPORTS: No. 101–125 accompanying S. 1291 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Sept. 12, considered and passed House.

Oct. 12, considered and passed Senate, amended.

Vol. 136 (1990): Feb. 27, House agreed to conference report.

Mar. 1, Senate agreed to conference report.

 Public Law 101–255: To provide the Secretary of Agriculture authority regarding the sale of sterile screwworms. Public Law 255 Public Law 101–255 104 Stat. 114 1990-03-15 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 2025-06-19 101 2 public 104 STAT. 114 Public Law 101–255 101st Congress
An Act To provide the Secretary of Agriculture authority regarding the sale of sterile screwworms.

Mar. 15, 1990

[H.R. 4010]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of February 28, 1947 (61 Stat. 7; 21 U.S.C. 114b et seq.) is amended— (1)

21 USC 114b.

 in the first section— (A) by inserting at the beginning “Section 1. Cooperation in Animal Disease Control.—”, and (B) by striking “screw-worm” and inserting “screwworm”; (2)

21 USC 114c.

 in section 2 by inserting after “Sec. 2.” the heading “Use of Funds.—”; (3)

21 USC 114d.

 by inserting after section 2 the following:
“Sec. 3. Sale of Sterile Screwworms.— (a) In General.— Notwithstanding section 1, the Secretary of Agriculture may, independently or in cooperation with any foreign government or any international organization or association, produce and sell sterile screwworms to any foreign government or to any international organization or association, if the Secretary determines that the protection of livestock and related industries of the United States will not be adversely affected by such production and sale. “(b) Terms of Sale.— The Secretary may provide for the sale of screwworms under subsection (a) under such terms and conditions as the Secretary considers appropriate. “(c) Deposit of Proceeds.— (1) Independent Sales.— If the Secretary independently produces and sells screwworms under subsection (a), the proceeds of such sales shall be deposited in the Treasury of the United States and be credited to the appropriation from which the operating expenses of the facility producing the screwworms have been paid. “(2) Cooperative Sales.— If the Secretary produces and sells screwworms in cooperation with a foreign government or an international organization or association, the proceeds of such sale shall be divided between the United States and such government, organization, or association, as determined by the Secretary, and the United States portion of such proceeds shall be deposited into the Treasury of the United States and be credited to the appropriation from which the operating expenses of the facility producing the screwworms have been paid.”;
(4)

21 USC 114b note.

 in section 4 by inserting after “Sec. 4.” the heading “Authorization of Appropriations.—”; (5)

21 USC 114d–1.

 in section 5 by inserting after “Sec. 5.” the heading “Cooperation With Public and Private Entities.—”; and (6) by adding at the end the following new section: 104 STAT. 115
“Sec. 6. Short Title.— This Act may be referred to as the ‘Animal

Animal Disease Control Cooperation Act of 1947.

21 USC 114b note.

 Disease Control Cooperation Act of 1947’.”.
Approved March 15, 1990.
LEGISLATIVE HISTORY—H.R. 4010: HOUSE REPORTS: No. 101–408 (Comm. on Agriculture). CONGRESSIONAL RECORD. Vol. 136 (1990):

Feb. 27, considered and passed House.

Mar. 5, considered and passed Senate.

 Public Law 101–256: To designate March 25, 1990, as “Greek Independence Day: A National Day of Celebration of Greek and American Democracy”. Public Law 256 Public Law 101–256 104 Stat. 116 1990-03-20 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 2025-06-19 101 2 public 104 STAT. 116 Public Law 101–256 101st Congress
Joint Resolution To designate March 25, 1990, as “Greek Independence Day: A National Day of Celebration of Greek and American Democracy”.

Mar. 20, 1990

[S.J. Res. 243]

 Whereas the ancient Greeks developed the concept of democracy, in which the supreme power to govern was vested in the people; Whereas 1990 marks the 2,500th anniversary of the birth of democracy; Whereas the Founding Fathers of the United States drew heavily upon the political and philosophical experience of ancient Greece in forming our representative democracy; Whereas March 25, 1990, marks the 169th anniversary of the beginning of the revolution that freed the Greek people from the Ottoman Empire; Whereas democratic ideals have forged a close bond between our two nations and their peoples; and Whereas it is proper and desirable to celebrate our ideals with the Greek people, and to reaffirm the democratic principles from which our two great nations sprang: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That March 25, 1990, is designated as “Greek Independence Day: A National Day of Celebration of Greek and American Democracy”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities.
Approved March 20, 1990.
LEGISLATIVE HISTORY—S.J. Res. 243: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

Mar. 14, considered and passed House.

 Public Law 101–257: To authorize the conveyance of a parcel of land in Whitney Lake, Texas. Public Law 257 Public Law 101–257 104 Stat. 117 1990-03-20 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 2025-06-19 101 2 public 104 STAT. 117 Public Law 101–257 101st Congress
An Act To authorize the conveyance of a parcel of land in Whitney Lake, Texas.

Mar. 20, 1990

[H.R. 2749]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LAND CONVEYANCE, WHITNEY LAKE, TEXAS. (a) Authority to Convey.— Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the “Secretary”) is authorized to sell and convey to the city of Whitney, Texas, all right, title, and interest of the United States in and to approximately 45 acres of land located at Whitney Lake, Texas. (b) Conditions.— (1) In consideration for the sale and conveyance, the city of Whitney 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 under subsection (a). (2) The conveyance authorized by subsection (a) shall be subject to

Waste disposal.

 the condition that the property conveyed by the Secretary be used by the city for the purposes of a wastewater treatment plant. (3) The conveyance authorized by subsection (a) shall be made only if the Secretary determines that the Secretary does not need fee simple title to such real property for the flood control project on Lake Whitney. (c) Legal Description of Land.— 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 such surveys shall be borne by the city of Whitney. (d) Additional Terms and Conditions.— The Secretary may require such other terms and conditions (including any limitation relating to the operation of the Lake Whitney flood control project) with respect to the conveyance as the Secretary considers appropriate to protect the interests of the United States.
Approved March 20, 1990.
LEGISLATIVE HISTORY—H.R. 2749: CONGRESSIONAL RECORD:

Vol. 135 (1989): June 28, considered and passed House

Vol. 136 (1990): Mar. 5, considered and passed Senate.

 Public Law 101–258: Providing for the commemoration of the 100th anniversary of the birth of Dwight David Eisenhower. Public Law 258 Public Law 101–258 104 Stat. 118 1990-03-27 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 2025-06-19 101 2 public 104 STAT. 118 Public Law 101–258 101st Congress
Joint Resolution Providing for the commemoration of the 100th anniversary of the birth of Dwight David Eisenhower.

Mar. 27, 1990

[S.J. Res 237]

 Whereas October 14, 1990, marks the 100th anniversary of the birth of Dwight David Eisenhower; Whereas Eisenhower was born on October 14, 1890, in Denison, Texas, and soon thereafter moved with his family to Abilene, Kansas; Whereas Eisenhower developed an interest in military history early in childhood, and attended the United States Military Academy at West Point, New York, from 1911 through 1915; Whereas in 1915, upon graduation from the United States Military Academy, Eisenhower was commissioned as a second lieutenant and assigned to the 19th Infantry at Fort Sam Houston, Texas; Whereas at the conclusion of World War I, Eisenhower assumed the rank of captain, and was promoted to the rank of major shortly thereafter; Whereas in 1935, Eisenhower accompanied General Douglas MacArthur to the Philippines, where he served as a senior military assistant to General MacArthur; Whereas Eisenhower was promoted to the rank of lieutenant colonel during his service in the Philippines; Whereas Eisenhower was subsequently assigned to Fort Lewis, Washington, where he served as executive officer of the 15th Regiment of the 3d Infantry Division from January through November, 1940, and as chief of staff to General Kenyon A. Joyce of the 9th Corps from March through June of 1941; Whereas in March 1942, Eisenhower was promoted to the rank of General and named Chief of the Operations Division for the General Staff of the United States Army; Whereas in June 1942, Eisenhower achieved the rank of Lieutenant General, and in December 1944, he became a General of the Armies; Whereas Eisenhower served as President of Columbia University from 1948 through 1950; Whereas Eisenhower was appointed by President Harry S Truman as Supreme Commander of the North Atlantic Treaty Organization forces in Europe, and served in that position from 1951 through 1952; Whereas Eisenhower was elected the 34th President of the United States on November 4, 1952, and was reelected to serve a second term on November 6,1956; Whereas President Eisenhower hosted 115 foreign chiefs of state and heads of government on visits to the United States, traveled to 28 foreign countries, and participated in 20 summit talks with foreign government leaders; Whereas Eisenhower strongly supported education and promoted international understanding through education; 104 STAT. 119 Whereas Eisenhower had a long and productive association with Gettysburg College, serving as a member of the College’s Board of Trustees, using a campus office to write his memoirs and to fulfill the numerous duties of a former President, and receiving an honorary doctorate from the College; Whereas after leaving office on January 20, 1961, Eisenhower retired with his wife to their farm and home in Gettysburg, Pennsylvania; Whereas Eisenhower died on March 28, 1969, and was buried in military uniform in the place of meditation on the grounds of the Eisenhower Center in Abilene, Kansas; and Whereas throughout 1990, various public and private organizations, including the Eisenhower Society, the Eisenhower Foundation, the Eisenhower World Affairs Institute, the Eisenhower Exchange Fellowship Program, Inc., the Eisenhower Centennial Commission, and others, will be sponsoring and conducting events across the Nation to commemorate the centennial of the birth of Dwight David Eisenhower: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 14, 1990, the 100th anniversary of the birth of Dwight David Eisenhower, is designated as “Dwight D. Eisenhower Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities.
Sec. 2. The members of the Senate and the House of Representatives who are members of the Dwight David Eisenhower Centennial Commission, with the assistance of the other members of that commission (referred to hereinafter as the “Commission”), shall— (1) make arrangements for a joint meeting of the Congress to be held on Tuesday, March 27, 1990, or such other day as may be designated by the Speaker of the House of Representatives, in the Hall of the House of Representatives in commemoration of the centennial of the birth of Dwight David Eisenhower; (2) plan the proceedings of and issue appropriate invitations to the joint meeting; and (3) coordinate the foregoing arrangements with the activities of the Dwight David Eisenhower Centennial Commission.
104 STAT. 120
Sec. 3. The expenses of carrying out this joint resolution shall not exceed $25,000 and shall be paid from the contingent fund of the House of Representatives upon vouchers approved by the Speaker of the House of Representatives.
Approved March 27, 1990.
LEGISLATIVE HISTORY—S.J. Res 237: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 1, considered and passed Senate.

Mar. 21, considered and passed House.

 Public Law 101–259: To designate the Federal building located at 360 South Main Street in Salt Lake City, Utah, as the “Frank E. Moss United States Courthouse”. Public Law 259 Public Law 101–259 104 Stat. 121 1990-03-30 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 2025-06-19 101 2 public 104 STAT. 121 Public Law 101–259 101st Congress
An Act To designate the Federal building located at 360 South Main Street in Salt Lake City, Utah, as the “Frank E. Moss United States Courthouse”.

Mar. 30, 1990

[H.R. 3311]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION. The Federal building located at 350 South Main Street in Salt Lake City, Utah, shall be known and designated as the “Frank E. Moss United States Courthouse”.
SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the “Frank E. Moss United States Courthouse”.
Approved March 30, 1990.
LEGISLATIVE HISTORY—H.R. 3311: HOUSE REPORTS: No. 101–375 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 17, considered and passed House.

Vol. 136 (1990): Mar. 20, considered and passed Senate.

 Public Law 101–260: To provide for the striking of medals in commemoration of the bicentennial of the United States Coast Guard. Public Law 260 Public Law 101–260 104 Stat. 122 1990-03-30 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 2025-06-19 101 2 public 104 STAT. 122 Public Law 101–260 101st Congress
An Act To provide for the striking of medals in commemoration of the bicentennial of the United States Coast Guard.

Mar. 30, 1990

[S. 1091]

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

United States Coast Guard Bicentennial Medal Act.

31 USC 5111 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “United States Coast Guard Bicentennial Medal Act”.
SEC. 2.

31 USC 5111 note.

 MEDAL COMMEMORATING THE BICENTENNIAL OF THE UNITED STATES COAST GUARD. (a) Commemorative Medal.— The Secretary of the Treasury shall design, strike, and sell a medal in commemoration of the bicentennial of the United States Coast Guard in 1990. (b) Sales.— Medals struck pursuant to subsection (a) shall be sold at a price sufficient to cover the cost of such medals, including labor, materials, dies, use of machinery, and overhead expenses.
SEC. 3.

31 USC 5111 note.

 DESIGN OF MEDAL. The design of the medal authorized by this Act shall be selected by the Secretary of the Treasury after consultation with the Secretary of Transportation and the Commission of Fine Arts.
SEC. 4.

31 USC 5111 note.

 NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.
Approved March 30, 1990.
LEGISLATIVE HISTORY—S. 1091: CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 3, considered and passed Senate.

Vol. 136 (1990): Mar. 20, considered and passed House.

 Public Law 101–261: To designate April 1990 as “National Prevent-A-Litter Month”. Public Law 261 Public Law 101–261 104 Stat. 123 1990-03-30 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 2025-06-19 101 2 public 104 STAT. 123 Public Law 101–261 101st Congress
Joint Resolution To designate April 1990 as “National Prevent-A-Litter Month”.

Mar. 30, 1990

[S.J. Res. 229]

 Whereas the irresponsibility of some dog and cat owners in allowing uncontrolled breeding of their pets has created a pet overpopulation problem in the United States; Whereas the pet overpopulation problem results in the destruction of millions of dogs and cats each year; Whereas the pet overpopulation problem results in other cruelties to pets caused by neglect, such as abandonment, starvation, and injury; Whereas the cruelties inflicted on pets result not only in lost animal lives but also in lost resources spent by thousands of communities to shelter neglected and displaced pets; Whereas the pet overpopulation problem can be solved only by active promotion of pet owner responsibility programs that include spaying and neutering of pets, proper care and sheltering of pets, and compliance with animal control regulations; and Whereas the people of the United States should commit themselves to preventing the needless destruction of pets by practicing responsible pet ownership and by spaying and neutering pets as a means of combating the problem of pet overpopulation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That April 1990 is designated as “National Prevent-A-Litter Month”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate ceremonies and activities.
Approved March 30, 1990.
LEGISLATIVE HISTORY—S.J. Res. 229: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

Mar. 14, considered and passed House.

 Public Law 101–262: To amend the Energy Policy and Conservation Act to extend the authority for titles I and II. Public Law 262 Public Law 101–262 104 Stat. 124 1990-03-31 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 2025-06-19 101 2 public 104 STAT. 124 Public Law 101–262 101st Congress
An Act To amend the Energy Policy and Conservation Act to extend the authority for titles I and II.

Mar. 31, 1990

[S. 2231]

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

Energy Policy and Conservation Act Extension Amendment of 1990.

42 USC 6201 note.
SECTION. 1. SHORT TITLE. That this Act may be referred to as the “Energy Policy and Conservation Act Extension Amendment of 1990”.
SEC. 2. EXTENSION OF AUTHORITY. The Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.) is (a)

50 USC app. 2071 note.

 in section 104(b)(1) by striking out “April 1, 1990” and inserting in lieu thereof “August 15,1990”; (b)

42 USC 6251.

 in section 171, by striking out “April 1, 1990” each place it appears and inserting in lieu thereof “August 15, 1990”; and (c)

42 USC 6285.

 in section 281, by striking out the term “June 30, 1990” each place it appears and inserting in lieu thereof “August 15, 1990”.
Approved March 31, 1990.
LEGISLATIVE HISTORY—S. 2231 (H.R. 4167): HOUSE REPORTS: No. 101–422 accompanying H.R. 4167 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101–247 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 9, considered and passed Senate.

Mar. 20, H.R. 4167 considered and passed House; proceedings vacated and S. 2231 passed in lieu.

 Public Law 101–263: To provide for an increase in the maximum rates of basic pay for the police force of the National Zoological Park. Public Law 263 Public Law 101–263 104 Stat. 125 1990-04-04 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 2025-06-19 101 2 public 104 STAT. 125 Public Law 101–263 101st Congress
An Act To provide for an increase in the maximum rates of basic pay for the police force of the National Zoological Park.

Apr. 4, 1990

[S. 1521]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN THE MAXIMUM RATES OF BASIC PAY FOR THE POLICE FORCE OF THE NATIONAL ZOOLOGICAL PARK. (a) In General.— Section 5375 of title 5, United States Code, is amended to read as follows:
“§ 5375. Police force of the National Zoological Park “The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows: “(1) Private, not more than the maximum annual rate of basic pay payable for grade GS–7 of the General Schedule. “(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8, of the General Schedule. “(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule. “(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS–10 of the General Schedule.”.
(b) Clerical Amendment.— The item relating to section 5375 in the table of sections for chapter 53 of title 5, United States Code, is amended to read as follows: “5375.
SEC. 2. EFFECTIVE DATE.

5 USC 5375 note.

 The amendments made by section 1 shall apply with respect to pay periods beginning after the date of the enactment of this Act.
Approved April 4, 1990.
LEGISLATIVE HISTORY—S. 1521: SENATE REPORTS: No. 101–145 (Comm. on Rules and Administration). CONGRESSIONAL RECORD.

Vol. 135 (1989): Oct. 2, considered and passed Senate.

Vol. 136 (1990): Jan. 30, considered and passed House, amended.

Mar 20, Senate concurred in House amendments.

 Public Law 101–264: Designating April 1990 as “National Recycling Month”. Public Law 264 Public Law 101–264 104 Stat. 126 1990-04-04 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 2025-06-19 101 2 public 104 STAT. 126 Public Law 101–264 101st Congress
Joint Resolution Designating April 1990 as “National Recycling Month”.

Apr. 4, 1990

[S.J. Res. 250]

 Whereas the continued generation of enormous volumes of solid waste each year presents unacceptable threats to human health and the environment; Whereas several regions of the United States are experiencing a severe shortage of disposal capacity for municipal solid waste; Whereas as a result of the inability to find sites for new solid waste management facilities, many communities are managing waste in facilities that were not designed with the best available environmental controls; Whereas the generation of hazardous waste and solid waste must be reduced and as much remaining waste as possible must be recycled to protect human health and the environment and to minimize treatment and disposal capacity problems; Whereas a significant amount of waste can be diverted from disposal by the utilization of source separation, mechanical separation, and community-based recycling programs; Whereas local governments should be an integral component of the decision-making process regarding the management of municipal solid waste; Whereas developing a system of waste management that, to the greatest extent practicable, separates elements of the waste stream that require special management or that are in demand for reuse or recycling will enhance the economic feasibility and environmental safety of all management methods, including recycling, incineration, and land disposal; Whereas source reduction and recycling represent the most environmentally sound means of managing municipal solid waste and can often be carried out with a lower cost than is incurred by other means; Whereas recycling preserves limited landfill capacity and reduces the amount of solid waste intended for incineration; Whereas recycling can save energy and avoid the pollution created from extracting resources from their natural environment; Whereas the revenues recovered by recycling programs offset the costs of solid waste management; Whereas a well-developed system of recycling scrap metals, paper, and glass already exists and is significantly reducing the quantity of solid waste entering landfills or incinerators; Whereas the technology for recycling plastic is currently under development, and progress continues toward increasing potential markets; Whereas many consumer products are designed without sufficient regard for safe and efficient recycling after disposal; Whereas Federal, State, and local governments should promote the design of products that can be recycled safely and efficiently; 104 STAT. 127 Whereas Federal, State, and local governments should enact legislative measures that will increase the amount of solid waste that is recycled; Whereas Federal, State, and local governments should encourage the growth of incremental markets for materials recovered from recyclable goods; Whereas Federal, State, and local governments should establish incentives for household separation of waste to encourage recycling; Whereas the success of source reduction and recycling programs depends on the participation of an informed public; and Whereas the people of the United States should be encouraged to participate in educational and legislative endeavors that promote waste separation methods, community-based recycling programs, and expanded utilization of recovered materials: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That April 1990 is designated as “National Recycling Month”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate ceremonies and activities.
Approved April 4, 1990.
LEGISLATIVE HISTORY—S.J. Res. 250: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

Mar. 28, considered and passed House.

 Public Law 101–265: Designating March 1990, as “United States Naval Reserve Month”. Public Law 265 Public Law 101–265 104 Stat. 128 1990-04-04 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 2025-06-19 101 2 public 104 STAT. 128 Public Law 101–265 101st Congress
Joint Resolution Designating March 1990, as “United States Naval Reserve Month”.

Apr. 4, 1990

[S.J. Res. 266]

 Whereas March 1990, is the 75th anniversary of the establishment of the Federal Navy Reserve Force; Whereas thousands of men and women of the United States have served the Nation as “Twice the Citizens” by serving with the United States Naval Reserve; Whereas thousands of Reserve members have been a critical component of the Fighting Force of the United States Navy; Whereas 600,000 individuals were members of the Naval Reserve during World War I and 80 percent of Naval personnel were reservists during World War II; Whereas, in the Berlin Crisis, Korea, Vietnam, and most recently in the Persian Gulf, Naval reservists played vital roles; Whereas the United States Naval Reserve continues to serve the Nation in peace time by maintaining military readiness and contributing to fleet support; Whereas the reservists serve as part-time regular Navy personnel which economically fulfills important military missions and expands the operational abilities of the Navy around the world; Whereas thousands of employers throughout the United States and the families of reservists have contributed to the support and encouragement needed for a successful Reserve program; Whereas many Naval reservists have died while serving the Nation; and Whereas in recognition of great sacrifice of Naval reservists during peace time and during war: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That March 1990, is designated as “United States Naval Reserve Month”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the Nation to observe the month with appropriate ceremonies and activities in recognition of the 75th anniversary of the United States Naval Reserve.
Approved April 4, 1990.
LEGISLATIVE HISTORY—S.J. Res 266: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 20, considered and passed Senate.

Mar. 28, considered and passed House.

 Public Law 101–266: Designating April 9, 1990, as “National Former Prisoners of War Recognition Day”. Public Law 266 Public Law 101–266 104 Stat. 129 1990-04-05 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 2025-06-19 101 2 public 104 STAT. 129 Public Law 101–266 101st Congress
Joint Resolution Designating April 9, 1990, as “National Former Prisoners of War Recognition Day”.

Apr. 5, 1990

[S.J. Res. 190]

 Whereas the United States has fought in many armed conflicts; Whereas thousands of members of the Armed Forces of the United States who served in such wars were captured by the enemy and held as prisoners of war; Whereas many such prisoners of war were subjected to brutal and inhumane treatment by their captors in violation of international codes and customs for the treatment of prisoners of war and died, or were disabled, as a result of such treatment; Whereas in 1985, the United States Congress (in Public Law 99–145) directed the Department of Defense to issue a medal to former prisoners of war in recognition and commemoration of their great sacrifices in service to our Nation; and Whereas these great sacrifices of former prisoners of war and their families deserve national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That April 9, 1990, is designated as “National Former Prisoners of War Recognition Day” in honor of the members of the Armed Forces of the United States who have been held as prisoners of war, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to commemorate such day with appropriate ceremonies and activities.
Approved April 5, 1990.
LEGISLATIVE HISTORY—S.J. Res. 190: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

Mar. 20, considered and passed House.

 Public Law 101–267: To designate April 6, 1990, as “Education Day, U.S.A.”. Public Law 267 Public Law 101–267 104 Stat. 133 1990-04-06 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 2025-06-19 101 2 public 104 STAT. 130 Public Law 101–267 101st Congress
Joint Resolution To designate April 6, 1990, as “Education Day, U.S.A.”.

Apr. 6, 1990

[H.J. Res. 500]

 Whereas Congress recognizes the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded; Whereas these ethical values and principles have been the bedrock of society from the dawn of civilization, when they were known as the Seven Noahide Laws; Whereas without these ethical values and principles the edifice of civilization stands in serious peril of returning to chaos; Whereas society is profoundly concerned with the recent weakening of these principles that has resulted in crises that beleaguer and threaten the fabric of civilized society; Whereas the justified preoccupation with these crises must not let the citizens of this Nation lose sight of their responsibility to transmit these historical ethical values from our distinguished past to the generations of the future; Whereas the Lubavitch movement through its over one hundred and fifty centers in the United States and many more the world over has fostered and promoted these ethical values and principles throughout the world; Whereas Rabbi Menachem Mendel Schneerson, leader of the Lubavitch movement, is universally respected and revered and his eighty-eighth year will be seen as the year of continued “turn and return”, the year in which we continue to turn to an education which will return the world to the moral and ethical values contained in the Seven Noahide Laws; Whereas, this year of 1990 (5750 on the Hebrew calendar) is the “Fortieth Anniversary” in which the Rebbe enters the fifth decade since his ascension to the world leadership of the Lubavitch movement and spiritual guidance of world Jewry; and Whereas this has been reflected in the “International Scroll of Honor” which has been signed by the President of the United States and other heads of state: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That April 6, 1990, the eighty-eighth birthday of Rabbi Menachem Schneerson, leader and head of the worldwide Lubavitch movement, is designated as “Education Day, U.S.A.”. The President is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. We also call on heads of 104 STAT. 131state of the world to join our President in this tribute by signing similar scrolls of honor which will be presented in their respective countries this year of the “Fortieth Anniversary” entering the fifth decade of leadership. On this occasion we would also welcome the cooperation of the Department of State in extending the good office of the United States missions to the Lubavitcher emissaries.
Approved April 6, 1990.
LEGISLATIVE HISTORY—H.J. Res. 500: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 28, considered and passed House.

Mar. 29, considered and passed Senate.

 Public Law 101–268: To amend the Woodrow Wilson Memorial Act of 1968 to provide that the Secretary of Education and two additional individuals from private life shall be members of the Board of Trustees of the Woodrow Wilson International Center for Scholars. Public Law 268 Public Law 101–268 104 Stat. 132 1990-04-09 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 2025-06-19 101 2 public 104 STAT. 132 Public Law 101–268 101st Congress
An Act To amend the Woodrow Wilson Memorial Act of 1968 to provide that the Secretary of Education and two additional individuals from private life shall be members of the Board of Trustees of the Woodrow Wilson International Center for Scholars.

Apr. 9, 1990

[H.R. 2692]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS. Section 3(b) of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended to read as follows: “(b) The Board of Trustees shall be composed of 19 members as follows: “(1) the Secretary of State; “(2) the Secretary of Health and Human Services; “(3) the Secretary of Education; “(4) the Chairman of the National Endowment for the Humanities; “(5) the Secretary of the Smithsonian Institution; “(6) the Librarian of Congress; “(7) the Director of the United States Information Agency; “(8) the Archivist of the United States; “(9)

President of U.S.

 one member appointed by the President from time to time from within the Federal Government; and “(10) 10 members appointed by the President from private life.”.
SEC. 2. CONFORMING AMENDMENTS. Section 3 of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f) is amended— (1) in subsection (c), by striking out “(8)” and inserting in lieu thereof “(9)”; and (2) in the first sentence of subsection (d), by striking out “(9)” and inserting in lieu thereof “(10)”.
Approved April 9, 1990.
LEGISLATIVE HISTORY—H.R. 2692. CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 20, considered and passed House.

Mar. 26, considered and passed Senate.

 Public Law 101–269: To permit the transfer of the obsolete submarine U.S.S. Requin to the Carnegie Institute in Pittsburgh, Pennsylvania, before the expiration of the 60-day waiting period that would otherwise be applicable to the transfer. Public Law 269 Public Law 101–269 104 Stat. 133 1990-04-09 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 2025-06-19 101 2 public 104 STAT. 133 Public Law 101–269 101st Congress
An Act To permit the transfer of the obsolete submarine U.S.S. Requin to the Carnegie Institute in Pittsburgh, Pennsylvania, before the expiration of the 60-day waiting period that would otherwise be applicable to the transfer.

Apr. 9, 1990

[S. 2151]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. WAIVER OF WAITING PERIOD Clauses (2) and (3) of section 7308(c) of title 10, United States Code, shall not apply with respect to the transfer by the Secretary of the Navy under section 7308(a) of such title of the obsolete submarine U.S.S. Requin to the Carnegie Institute in Pittsburgh, Pennsylvania, for use by the Carnegie Institute in connection with the Carnegie Institute Science Center in Pittsburgh.
Approved April 9, 1990.
LEGISLATIVE HISTORY—S. 2151: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 5, considered and passed Senate.

Mar. 28, considered and passed House.

 Public Law 101–270: To suspend section 332 of the Agricultural Adjustment Act of 1938 for the 1991 crop of wheat. Public Law 270 Public Law 101–270 104 Stat. 134 1990-04-10 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 2025-06-19 101 2 public 104 STAT. 134 Public Law 101–270 101st Congress
An Act To suspend section 332 of the Agricultural Adjustment Act of 1938 for the 1991 crop of wheat.

Apr. 10, 1990

[H.R. 4099]

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

7 USC 1332 note.
That section 332 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1332) shall not be applicable to the 1991 crop of wheat.
Approved April 10, 1990.
LEGISLATIVE HISTORY—H.R. 4099: HOUSE REPORTS: No. 101–414 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 6, considered and passed House.

Mar. 28, considered and passed Senate.

 Public Law 101–271: To provide for five-year, staggered terms for members of the Federal Energy Regulatory Commission, and for other purposes. Public Law 271 Public Law 101–271 104 Stat. 135 1990-04-11 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 2025-06-19 101 2 public 104 STAT. 135 Public Law 101–271 101st Congress
An Act To provide for five-year, staggered terms for members of the Federal Energy Regulatory Commission, and for other purposes.

Apr. 11, 1990

[S. 388]

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

Federal Energy Regulatory Commission Member Term Act of 1990.

42 USC 7101 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Federal Energy Regulatory Commission Member Term Act of 1990”.
SEC. 2. FIVE-YEAR TERMS FOR MEMBERS OF THE FEDERAL ENERGY REGULATORY COMMISSION. (a) In General.— Section 401(b) of the Department of Energy Organization Act is amended by striking “four years” in the third

42 USC 7171.

 sentence and inserting “5 years”. (b) Staggered Terms.— Section 401(b) of such Act is amended by— (1) inserting “(1)” after “(b)”; (2) striking the fourth sentence; (3) amending the seventh sentence to read, “A Commissioner may continue to serve after the expiration of his term until his successor is appointed and has been confirmed and taken the oath of Office, except that such Commissioner shall not serve beyond the end of the session of the Congress in which such term expires.”; and (4) adding at the end thereof the following: “(2) Notwithstanding the third sentence of paragraph (1), the terms of members first taking office after the date of enactment of the Federal Energy Regulatory Commission Member Term Act of 1990 shall expire as follows: “(A) In the case of members appointed to succeed members whose terms expire in 1991, one such member’s term shall expire on June 30, 1994, and one such member’s term shall expire on June 30, 1995, as designated by the President at the time of appointment. “(B) In the case of members appointed to succeed members whose terms expire in 1992, one such member’s term shall expire on June 30, 1996, and one such member’s term shall expire on June 30, 1997, as designated by the President at the time of appointment. 104 STAT. 136 “(C) In the case of the member appointed to succeed the member whose term expires in 1993, such member’s term shall expire on June 30, 1998.”. (c)

42 USC 7171 note.

 Applicability.— The amendments made by this section apply only to persons appointed or reappointed as members of the Federal Energy Regulatory Commission after the date of enactment of this Act.
Approved April 11, 1990.
LEGISLATIVE HISTORY—S. 388 (H.R. 908): HOUSE REPORTS: No. 101–421 accompanying H.R. 908 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101–76 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 15, considered and passed Senate.

Vol. 136 (1990): Mar. 27, H.R. 908 considered and passed House; S. 388, amended, passed in lieu.

Mar. 29, Senate concurred in House amendment.

 Public Law 101–272: To ensure that funds provided under section 4213 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 may be used to acquire land for emergency shelters. Public Law 272 Public Law 101–272 104 Stat. 137 1990-04-18 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 2025-06-19 101 2 public 104 STAT. 137 Public Law 101–272 101st Congress
An Act To ensure that funds provided under section 4213 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 may be used to acquire land for emergency shelters.

Apr. 18, 1990

[S. 1813]

 Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (e) of section 4213 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended— (1) by inserting “, or purchase or lease of land or facilities for,” after “renovation of” in paragraph (1), (2) by striking out “subject to contracting” in paragraph (3) and inserting in lieu thereof “subject to contracting or available for grants”, and (3) by adding at the end thereof the following new paragraphs: “(4) Funds appropriated under the authority of this subsection may be used by any Indian tribe or tribal organization to purchase or lease any land or facilities if— “(A) the Secretary of the Interior determines that no Federal land or facilities are reasonably available for emergency shelters or halfway houses described in subsection (a) to serve the needs of that Indian tribe or tribal organization, and “(B) the Indian tribe or tribal organization enters into an agreement with the Secretary of the Interior that requires the Indian tribe or tribal organization to use the land or facilities for emergency shelters or half-way houses described in subsection (a). “(5) Nothing in this Act may be construed— “(A) to limit the authority for contracts with, or grants to, Indian tribes or tribal organizations under the Indian Self-Determination Act for the construction, improvement, renovation, operation, repair, land acquisition, or maintenance of tribal juvenile detention facilities, emergency shelters, or half-way houses, or “(B) to require a lease of tribal facilities to the United States to qualify for financial assistance for the facilities under this or any other Act.”.
Approved April 18, 1990.
LEGISLATIVE HISTORY—S. 1813: HOUSE REPORTS: No. 101–432, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–207 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 16, considered and passed Senate.

Vol. 136 (1990): Apr. 3, considered and passed House.

 Public Law 101–273: To amend the Labor Management Relations Act of 1947 to permit parties engaged in collective bargaining to bargain over the establishment and administration of trust funds to provide financial assistance for employee housing. Public Law 273 Public Law 101–273: 104 Stat. 138 1990-04-18 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 2025-06-19 101 2 public 104 STAT. 138 Public Law 101–273 101st Congress
An Act To amend the Labor Management Relations Act of 1947 to permit parties engaged in collective bargaining to bargain over the establishment and administration of trust funds to provide financial assistance for employee housing.

Apr. 18, 1990

[S. 1949]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EMPLOYEE HOUSING TRUST FUNDS. Section 302(c)(7) of the Labor Management Relations Act of 1947 (29 U.S.C. 186(c)(7)) is amended— (1) by striking out “or” at the end of subparagraph (A); and (2) by inserting “, or (C) financial assistance for employee housing” after “dependents of employees” in subparagraph (B).
Approved April 18, 1990.
LEGISLATIVE HISTORY—S. 1949 (H.R. 4073): HOUSE REPORTS: No. 101–441 accompanying H.R. 4073 (Comm. on Education and Labor). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed Senate.

Vol. 136 (1990): Apr. 3, H.R. 4073 considered and passed House; proceedings vacated and S. 1949 passed in lieu.

 Public Law 101–274: To further delay the applicability of certain amendments to the Public Health Service Act that relate to organ procurement organizations. Public Law 274 Public Law 101–274 104 Stat. 139 1990-04-23 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 2025-06-19 101 2 public 104 STAT. 139 Public Law 101–274 101st Congress
An Act To further delay the applicability of certain amendments to the Public Health Service Act that relate to organ procurement organizations.

Apr. 23, 1990

[H.R. 3968]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.,
That section 402(c)(3) of the Organ Transplant Amendments Act of 1988 (42 U.S.C. 273 note) is amended by striking “until 2 years” and all that follows and inserting “until January 1, 1992.”.
Approved April 23, 1990.
LEGISLATIVE HISTORY—H.R. 3968: HOUSE REPORTS: No. 101–447 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 4, considered and passed House and Senate.

 Public Law 101–275: To provide for the acquisition and publication of data about crimes that manifest prejudice based on certain group characteristics. Public Law 275 Public Law 101–275 104 Stat. 140 1990-04-23 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 2025-06-19 101 2 public 104 STAT. 140 Public Law 101–275 101st Congress
An Act To provide for the acquisition and publication of data about crimes that manifest prejudice based on certain group characteristics.

Apr. 23, 1990

[H.R. 1048]

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

Hate Crime Statistics Act.

28 USC 534 note.
That (a) this Act may be cited as the “Hate Crime Statistics Act”. (b) (1) Under the authority of section 534 of title 28, United States Code, the Attorney General shall acquire data, for the calendar year 1990 and each of the succeeding 4 calendar years, about crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property. (2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act or the All Writs Act. (4)

Research and development.

 Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorney General shall publish an annual summary of the data acquired under this section. (c)

Appropriation authorization.

 There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section through fiscal year 1994.
Sec. 2.

28 USC 534 note.

 (a) Congress finds that— 104 STAT. 141 (1) the American family life is the foundation of American Society, (2) Federal policy should encourage the well-being, financial security, and health of the American family, (3) schools should not de-emphasize the critical value of American family life. (b) Nothing in this Act shall be construed, nor shall any funds appropriated to carry out the purpose of the Act be used, to promote or encourage homosexuality.
Approved April 23, 1990.
LEGISLATIVE HISTORY—H.R. 1048 (S. 419): HOUSE REPORTS: No. 101–109 (Comm. on the Judiciary). SENATE REPORTS: No. 101–21 accompanying S. 419 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 135 (1989): June 27, considered and passed House.

Vol. 136 (1990): Feb. 8, considered and passed Senate, amended.

Apr. 3, 4, House concurred in Senate amendment.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Apr. 23, Presidential remarks.

 Public Law 101–276: Designating the week of April 22 through April 28. 1990, as “National Crime Victims’ Rights Week”. Public Law 276 Public Law 101–276 104 Stat. 142 1990-04-25 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 2025-06-19 101 2 public 104 STAT. 142 Public Law 101–276 101st Congress
Joint Resolution Designating the week of April 22 through April 28. 1990, as “National Crime Victims’ Rights Week”.

Apr. 25, 1990

[S.J. Res. 242]

 Whereas thirty-five million individuals in the United States are victimized by crime each year, with six million falling prey to violence; Whereas the Department of Justice estimates that five out of six individuals will be the victim or intended victim of crime during their lifetimes; Whereas many victims suffer severe psychological, physical, and emotional hardships as a result of victimizations; Whereas the Nation must commit its collective energies to improving the criminal justice and social services response to victims; Whereas injustice to crime victims must be redressed by implementing the recommendations proposed by the President’s Task Force on Victims of Crime; and Whereas, as a Nation committed to justice and liberty for all, efforts must be continued to remove the inequities victims face and to protect and restore individual rights: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That April 22 through April 28, 1990, is designated as “National Crime Victims’ Rights Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate ceremonies and activities.
Approved April 25, 1990.
LEGISLATIVE HISTORY—S.J. Res. 242: CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 4, considered and passed Senate.

Apr. 18, considered and passed House.

 Public Law 101–277: To provide for the use and distribution of funds awarded the Seminole Indians in dockets 73, 151, and 73–A of the Indian Claims Commission. Public Law 277 Public Law 101–277 104 Stat. 143 1990-04-30 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 2025-06-19 101 2 public 104 STAT. 143 Public Law 101–277 101st Congress
An Act To provide for the use and distribution of funds awarded the Seminole Indians in dockets 73, 151, and 73–A of the Indian Claims Commission.

Apr. 30, 1990

[S. 1096]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

Oklahoma.

Florida.

 any provision of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401, et seq.), or any other law, regulation, or plan promulgated pursuant thereto, the funds appropriated in satisfaction of judgments awarded to the Seminole Indians in dockets 73, 151, and 73–A of the Indian Claims Commission shall be used and distributed as provided in this Act.
Sec. 2. (a) The funds appropriated with respect to the judgments awarded to the Seminole Indians in dockets 73 and 151 of the Indian Claims Commission (less attorney fees and litigation expenses), including all interest and investment income accrued thereon, are allocated hereby as follows— (1) 75.404 per centum of such funds are allocated to the Seminole Nation of Oklahoma; and (2) 24.596 per centum of such funds shall be allocated among the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida. (b) The funds that are required under subsection (a) of this section to be allocated among the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida, and all of the funds appropriated with respect to the judgment awarded to the Seminole Indians in docket 73-A (less attorney fees and litigation expenses), including all interest and investment income accrued thereon, shall be allocated as follows— (1) the Seminole Tribe of Florida, 77.20 per centum; (2) the Miccosukee Tribe of Indians of Florida, 18.16 per centum; and (3) the independent Seminole Indians of Florida (as a group), 4.64 per centum.
Sec. 3. (a) A proposed plan for the use and distribution of the funds allocated to the Seminole Nation of Oklahoma under section 2 of this Act may be prepared by the governing body of the Seminole Nation of Oklahoma in consultation with the Secretary of the Interior within one hundred and eighty days of the enactment of this Act. Upon completion of such a plan, the Secretary shall submit it to the Congress without delay, together with recommendations for its approval and the reasons therefor. (b) If a plan has not been prepared by the Seminole Nation as provided in subsection (a) of this section, the Secretary, in consultation with the Seminole Nation, shall prepare and submit a plan to the Congress for approval within one hundred and eighty days of the expiration of the period referred to in subsection (a) of this section. A copy of the plan prepared by the Secretary shall be furnished to 104 STAT. 144the Seminole Nation simultaneously with its submission to the Congress.
Sec. 4. (a) Any plan for the use and distribution of the funds allocated to the Seminole Nation of Oklahoma shall provide that not less than 80 per centum thereof shall be set aside and programmed to serve common tribal needs, educational requirements, and such other purposes as the circumstances of the Seminole Nation of Oklahoma may determine. (b) No per capita distribution may be made from the sum allocated to the Seminole Nation of Oklahoma, except that the investment income from not more than 20 per centum of the fund may be distributed per capita from time to time in the discretion of the tribal governing authority pursuant to a distribution plan approved by the Secretary. No per capita distribution shall occur pursuant to this subsection until a roll of members of the Seminole Nation of Oklahoma born on or before and living on the date of enactment of this Act has been certified by the Secretary. (c) The interests of minors and other legally incompetent persons who are entitled to receive any portion of such funds as are subsequently distributed to them will be protected and preserved: Provided, That such funds may be disbursed to the parents or legal guardians of such minors or legal incompetents in such amounts as may be necessary for the minors or legal incompetents’ health, education, welfare, or emergencies under a plan or plans approved by the Secretary and the tribal governing body of the Indian tribe involved. (d) A plan for the use and distribution of the judgment funds referred to in this Act shall be implemented by the Secretary immediately at the end of the sixty-day period (excluding days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty-day period a joint resolution is enacted disapproving such plan. (e) Tribal investment decisions under a plan shall be subject to the approval of the Secretary. Approval shall be granted within a reasonable time unless the Secretary determines, in writing, that the investment would not be reasonable or prudent or would otherwise not be in accord with the provisions of this section. (f) Neither the United States nor the Secretary shall be liable, because of the Secretary’s approval of an investment decision under this section, for any losses in connection with such investment decision.
Sec. 5. The Secretary shall pay the governing body of the Seminole Tribe of Florida such portion of the amount held in trust for that tribe under section 2 of this Act to be allocated or invested as the tribal governing body determines to be in the economic or social interest of the tribe within sixty days after submission of an appropriate resolution by the tribal governing body.
Sec. 6. Notwithstanding any other provision of this Act, no plan for the use and distribution of the share of the funds allocated to the Miccosukee Tribe of Indians of Florida shall be prepared or implemented and no funds allocated to the Miccosukee Tribe of Indians of Florida shall be distributed to the tribe, its members, or any other person unless such plan or distribution is duly authorized by the General Council of the Miccosukee Tribe or by a referendum vote of the members of the tribe duly called by the General Council of the 104 STAT. 145tribe at which a negative vote is permitted. Such funds (and the interest therefrom) shall be held in trust by the United States and invested as provided in the Act of June 24, 1938 (52 Stat. 1037, as amended; 25 U.S.C. 162a), except that part or all of the amount may from time to time be paid to the governing body of the Miccosukee Tribe of Indians of Florida as may be authorized under this section.
Sec. 7. (a) The Secretary shall invest the funds allocated to the independent Seminole Indians of Florida (as a group) under section 2 in accordance with subsection (a) of the first section of the Act of June 24, 1938 (52 Stat. 1037, as amended; 25 U.S.C. 162a) until the date on which the funds are distributed under subsection (c). (b) (1) Under regulations prescribed by the Secretary, the Secretary

Regulations.

 shall compile a role of those independent individuals of Seminole Indian lineal descent who— (A) were born on or before, and are living on, the date of enactment of this Act; (B) are listed on or are lineal descendants of persons listed on the annotated Seminole Agency Census of 1957 as independent Seminoles; and (C) are not members of an Indian tribe recognized by the Secretary on the most recent list of such Indian tribes published in the Federal Register. Such persons listed on this roll shall constitute the independent Seminoles referred to in this Act. (2) All determinations in the preparation of the roll under paragraph (1) of this subsection shall be based on timely applications for inclusions on the roll supported by evidence satisfactory to the Secretary. The Secretary shall not include any person on the roll who has not made formal application in writing to be included, and who has not met the requirements of paragraph (1) (A), (B), and (C). (c) As soon as practicable after the roll required under subsection (b) has been compiled, the funds allocated to the independent Seminole Indians of Florida (as a group) under section 2, including all interest and investment income accrued thereon to the date of payment, except as provided for in subsection (d), shall be distributed on a per capita basis, in payments as equal as possible, only to those independent Seminole Indians of Florida enrolled under subsection (b) who make timely application to the Secretary. The Secretary shall not distribute any funds to any Seminoles who are not on the roll prepared pursuant to subsection (b) or who do not make timely application to the Secretary. (d) Except for the persons who make application and are included on the roll prepared pursuant to section 7(b)(1), and who make application and accept a per capita share of the distribution pursuant to subsection (c), the payment and distribution of the award in accordance with this Act shall not be construed to impair, diminish or affect in any manner any rights and claims of the independent Seminole Indians, either as a group or individually, to any lands or natural resources in the State.
Sec. 8. (a) The funds allocated pursuant to this Act are hereby declared to be held in trust by the United States for the benefit of the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida respectively. (b) None of the funds held in trust by the United States under this Act (including interest and investment income accrued on such funds while such funds are held in trust by the United States), and 104 STAT. 146none of the funds distributed per capita or made available under this Act for programs, shall be subject to Federal, State, or local income taxes, nor shall such funds nor their availability be considered as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act or, except for per capita payments in excess of $2,000, any other Federal or federally assisted program.
Approved April 30, 1990.
LEGISLATIVE HISTORY—S. 1096: HOUSE REPORTS: No. 101–399 (Comm. on Interior and Insular Affairs) and No. 101–439 (Comm. of Conference). SENATE REPORTS: No. 101–212 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed Senate.

Vol. 136 (1990): Feb. 6, considered and passed House, amended.

Apr. 3, House agreed to conference report.

Apr. 5, Senate agreed to conference report.

 Public Law 101–278: To redesignate the Post Office located at 300 East Ninth Street in Austin, Texas, as the “Homer Thornberry Judicial Building”. Public Law 278 Public Law 101–278 104 Stat. 147 1990-05-01 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 2025-06-19 101 2 public 104 STAT. 147 Public Law 101–278 101st Congress
An Act To redesignate the Post Office located at 300 East Ninth Street in Austin, Texas, as the “Homer Thornberry Judicial Building”.

May 1, 1990

[H.R. 2334]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REDESIGNATION OF POST OFFICE. The Post Office located at 300 East Ninth Street, in Austin, Texas, is redesignated as the “Homer Thornberry Judicial Building”.
SEC. 2. REFERENCES. Any reference in a law, rule, map, document, record, or other paper of the United States to the Post Office referred to in section 1 is deemed to be a reference to the “Homer Thornberry Judicial Building”.
Approved May 1, 1990.
LEGISLATIVE HISTORY—H.R. 2334: CONGRESSIONAL RECORD:

Vol. 135 (1989): Aug. 4, considered and passed House.

Vol. 136 (1990): Apr. 5, considered and passed Senate.

 Public Law 101–279: To authorize the President to proclaim the last Friday of April 1990 as “National Arbor Day”. Public Law 279 Public Law 101–279 104 Stat. 148 1990-05-01 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 2025-06-19 101 2 public 104 STAT. 148 Public Law 101–279 101st Congress
Joint Resolution To authorize the President to proclaim the last Friday of April 1990 as “National Arbor Day”.

May 1, 1990

[S.J. Res. 258]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is hereby authorized and requested to issue a proclamation designating the last Friday of April 1990 as “National Arbor Day” and calling upon the people of the United States to observe such a day with appropriate ceremonies and activities.
Approved May 1, 1990.
LEGISLATIVE HISTORY—S.J. Res. 258: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

Apr. 24, considered and passed House.

 Public Law 101–280: To make technical changes in the Ethics Reform Act of 1989. Public Law 280 Public Law 101–280 104 Stat. 149 1990-05-04 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 2025-06-19 101 2 public 104 STAT. 149 Public Law 101–280 101st Congress
Joint Resolution To make technical changes in the Ethics Reform Act of 1989.

May 4, 1990

[H.J. Res. 553]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Government organization and employees.

District of Columbia.

5 USC app. 101 note.
SECTION 1. PURPOSE. It is the purpose of this joint resolution to make technical corrections in the Ethics Reform Act of 1989.
SEC. 2. AMENDMENTS PERTAINING TO TITLE I. (a) Amendments to Section 207 of Title 18.— Section 207 of title 18, United States Code, as amended by section 101 of the Ethics Reform Act of 1989 (Public Law 101–194), is amended as follows: (1) Subsection (a)(1) is amended— (A) by inserting “(including any special Government employee)” after “employee” the first place it appears; (B) by striking “Government” after “United States” each place it appears; (C) by striking “and any special Government employee”; (D) by striking “as the case may be,” each place it appears; (E) by striking “(except the United States)” and inserting “(except the United States or the District of Columbia)”; and (F) in subparagraph (A) by inserting “or the District of Columbia” after “United States”. (2) Subsection (a)(2) is amended— (A) by striking “Government” the first place it appears and inserting “or the District of Columbia”; (B) by striking “(except the United States)” and inserting “(except the United States or the District of Columbia)”; (C) in subparagraph (A) by inserting “or the District of Columbia” after “United States”; and (D) in subparagraph (B) by striking “Government”. (3) Subsection (a) is amended by adding at the end the following: “(3) Clarification of Restrictions.— The restrictions contained in paragraphs (1) and (2) shall apply— “(A) in the case of an officer or employee of the executive branch of the United States (including any independent agency), only with respect to communications to or appearances before any officer or employee of any department, agency, court, or court-martial of the United States on behalf of any other person (except the United States), and only with respect to a matter in which the United States is a party or has a direct and substantial interest; and “(B) in the case of an officer or employee of the District of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency, 104 STAT. 150or court of the District of Columbia on behalf of any other person (except the District of Columbia), and only with respect to a matter in which the District of Columbia is a party or has a direct and substantial interest.”. (4) Subsection (b)(1) is amended— (A) by striking “a former officer or employee” and inserting “a former officer or employee of the executive branch of the United States (including any independent agency) and is”; (B) by striking “and any person described in subsection (e)(7)” and inserting “or any person who is a former officer or employee of the legislative branch or a former Member of Congress”; (C) by striking “and which is so designated by the appropriate department or agency, shall not, on the basis of that information, which the person knew or should have known was so designated, knowingly represent” and inserting “which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent”; (D) by inserting “a period of’ before “1 year”; and (E) by striking “Government”. (5) Subsection (c) is amended— (A) in paragraph (1) by striking “of the executive branch” and inserting “(including any special Government employee) of the executive branch of the United States”; and (B) in paragraph (2)— (i) in subparagraph (A)(i)— (I) by inserting “specified in or” after “pay” the first place it appears; and (II) by striking “or a comparable or greater rate of pay under other authority,”; (ii) in subparagraph (A)(ii) by striking “basic rate of” each place it appears and inserting “rate of basic”; and (iii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (6) Subsection (d) is amended— (A) in paragraph (1)(B) by striking “paid” and inserting “in the executive branch of the United States (including any independent agency)”; and (B) in paragraph (2)— (i) by amending the paragraph caption to read as follows: “Persons who may not be contacted”; and (ii) in subparagraph (B) by striking “other”. (7) Subsection (e) is amended— (A) in paragraph (6) by striking “basic rate of” each place it appears and inserting “rate of basic”; and (B) in paragraph (7) in subparagraphs (L) and (M) by inserting “on or” before “after the effective date” each place it appears. (8) Subsection (f)(1) is amended— (A) by striking “subsection (c), (d), or (e), as the case may be” and inserting “such subsection”; (B) in subparagraph (A)— (i) by striking “the interests of”; and (ii) by striking “of the Government”; and 104 STAT. 151 (C) in subparagraph (B) by striking “of the Government”. (9) Subsection (i) is amended by striking paragraph (1) and inserting the following: “(1) the term ‘officer or employee’, when used to describe the person to whom a communication is made or before whom an appearance is made, with the intent to influence, shall include— “(A) in subsections (a), (c), and (d), the President and the Vice President; and “(B) in subsection (f), the President, the Vice President, and Members of Congress;”. (10) Subsection (j) is amended— (A) in paragraph (1)— (i) by striking “subsections (a), (c), (d), and (e)” and inserting “this section”; (ii) by striking “as an officer or employee of” and inserting “on behalf of”; and (iii) by striking “Government” and inserting “or the District of Columbia”; (B) in paragraph (3)— (i) by striking “subsections (c), (d), and (e)” and inserting “this section”; and (ii) by striking “of which the United States is a member” and inserting “in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States”; (C) in paragraph (4)— (i) in the paragraph caption by striking “Personal matters and special” and inserting “Special”; (ii) by striking “apply to appearances” and all that follows through “subsections”; (iii) by striking “prevent a former officer or employee” and inserting “prevent an individual”; (iv) by striking “former officer’s or employee’s” and inserting “individual’s”; and (v) by striking “, other than that regularly provided for by law or regulation for witnesses”; (D) in paragraph (5)— (i) by striking “(d), and (e)” and inserting “and (d)”; and (ii) by adding at the end the following: “For purposes of this paragraph, the term ‘officer or employee’ includes the Vice President.”; and (E) in paragraph (6)— (i) in the first sentence by striking “a former Member” and all that follows through “employee)” and inserting “an individual”; and (ii) in the second sentence by striking “sentence, a former” and all that follows through the end of the paragraph and inserting the following: “sentence— “(A) a former officer or employee of the executive branch of the United States (including any independent agency) who is subject to the restrictions contained in subsection (a)(l) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the United States) in that matter; and 104 STAT. 152 “(B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the District of Columbia) in that matter.”. (b)

18 USC 207 note.

 Effective Date.— Section 102 of the Ethics Reform Act of 1989 is amended— (1) in subsection (a)— (A) by striking “Subject to subsection (b)” and inserting “(1) Subject to paragraph (2) and to subsection (b)”; and (B) by adding at the end the following: “(2) Subject to subsection (b), the amendments made by section 101 take effect at noon on January 3, 1991, with respect to Members of Congress (within the meaning of section 207 of title 18, United States Code).”; and (2) in subsection (b), by inserting “, the Vice President,” after “Congress”.
SEC. 3. AMENDMENTS PERTAINING TO TITLE II.

5 USC app. 101 et seq..

Title I of the Ethics in Government Act of 1978 is amended as follows: (1) Judicial Conference.— Title I is amended by striking “of the United States” after “Judicial Conference” each place it appears, except for section 109(9). (2)

5 USC app. 101.

 Persons required to file.— Section 101(e) is amended by striking “the later of May 15 or”. (3)

5 USC app. 102.

 Contents of reports.— Section 102 is amended— (A) in subsection (a)— (i) in paragraph (1)(A) by striking “such individuals” and inserting “the reporting individual”; (ii) in paragraph (3) by striking “parent, brother, sister, or child” and inserting “, or by a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse,”; and (iii) in paragraph (4) by striking “relative” and inserting “spouse, or a parent, brother, sister, or child of the reporting individual or of the reporting individual’s spouse”; (B) in subsection (e)(1)(E) by inserting “of subsection (a)” after “(5)”; (C) in subsection (f)— (i) in paragraph (3)— (I) in subparagraph (A)(i)(II) by striking the comma after “involved in”; (II) by amending subparagraph (A)(ii)(II) to read as follows: “(II) is not a partner of, or involved in any joint venture or other investment with, any interested party; and”; and (III) in subparagraph (F) by striking “this section” and inserting “title II of the Ethics Reform Act of 1989”; and (ii) in paragraph (6) (A) and (B) by striking “or negligently” each place it appears and inserting “and willfully, or negligently,”; and (D) by adding at the end of section 102 the following: “(i) A reporting individual shall not be required under this title to report— 104 STAT. 153 “(1) financial interests in or income derived from— “(A) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter III of chapter 84 of such title); or “(B) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; or “(2) benefits received under the Social Security Act.”. (4) Filing of reports.— Section 103 is amended—

5 USC app. 103.

 (A) in subsection (c) by inserting “individuals nominated to be judicial officers and” after “Houses of Congress other than”; (B) in subsection (d) by inserting “of the Office of Government Ethics” after “Director”; (C) in subsection (e)— (i) by inserting “who is a candidate for nomination or election to the Office of President or Vice President” after “section 101(c)”; and (ii) by striking “Elections” and inserting “Election”; (D) in subsection (g) by striking “The Office of Government Ethics” and inserting “Each supervising ethics office”; (E) by amending subsection (h)(1)(A)(i) to read as follows: “(A) (i) (I) the Clerk of the House of Representatives, in the case of a Representative in Congress, a Delegate to Congress, the Resident Commissioner from Puerto Rico, an officer or employee of the Congress whose compensation is disbursed by the Clerk of the House of Representatives, an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the Congressional Budget Office, the Government Printing Office, the Library of Congress, or the Copyright Royalty Tribunal (including any individual terminating service, under section 101(e), in any office or position referred to in this subclause), or an individual described in section 101(c) who is a candidate for nomination or election as a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico; and “(II) the Secretary of the Senate, in the case of a Senator, an officer or employee of the Congress whose compensation is disbursed by the Secretary of the Senate, an officer or employee of the General Accounting Office, the Office of Technology Assessment, or the Office of the Attending Physician (including any individual terminating service, under section 101(e), in any office or position referred to in this subclause), or an individual described in section 101(c) who is a candidate for nomination or election as a Senator; and”; (F) in subsection (h)(1)(A)(ii)— (i) in subclause (I) by striking “congressional ethics committee” and inserting “Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, as”; and (ii) in subclause (II)— (I) by striking “Senate Select Committee on Ethics” and inserting “Secretary of the Senate”; and 104 STAT. 154 (II) by striking “Committee on Standards of Official Conduct” and inserting “Clerk”; and (G) by adding at the end of section 103 the following: “(i) A copy of each report filed under this title by a Member or an individual who is a candidate for the office of Member shall be sent by the Clerk of the House of Representatives or Secretary of the Senate, as the case may be, to the appropriate State officer designated under section 316(a) of the Federal Election Campaign Act of 1971 of the State represented by the Member or in which the individual is a candidate, as the case may be, within the 7-day period beginning on the day the report is filed with the Clerk or Secretary. “(j) (1) A copy of each report filed under this title with the Clerk of the House of Representatives shall be sent by the Clerk to the Committee on Standards of Official Conduct of the House of Representatives within the 7-day period beginning on the day the report is filed. “(2) A copy of each report filed under this title with the Secretary of the Senate shall be sent by the Secretary to the Select Committee on Ethics of the Senate within the 7-day period beginning on the day the report is filed. “(k) In carrying out their responsibilities under this title with respect to candidates for office, the Clerk of the House of Representatives and the Secretary of the Senate shall avail themselves of the assistance of the Federal Election Commission. The Commission shall make available to the Clerk and the Secretary on a regular basis a complete list of names and addresses of all candidates registered with the Commission, and shall cooperate and coordinate its candidate information and notification program with the Clerk and the Secretary to the greatest extent possible.”. (5)

5 USC app. 104.

 Failure to file.— Section 104 is amended— (A) in subsection (b), by striking “Chairman of the Judicial Conference” and inserting “Judicial Conference”; and (B) in subsection (d)(1) by striking “shall pay a filing fee of $200 to the miscellaneous receipts of the General Treasury” and inserting “shall, at the direction of and pursuant to regulations issued by the supervising ethics office, pay a filing fee of $200. All such fees shall be deposited in the miscellaneous receipts of the Treasury. The authority under this paragraph to direct the payment of a filing fee may be delegated by the supervising ethics office in the executive branch to other agencies in the executive branch.”. (6) Independent counsel; conforming amendments.— (A)

5 USC app. 105.

Public information.

Section 105(a) is amended to read as follows:
“Sec. 105. (a) Each agency, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate shall make available to the public, in accordance with subsection (b), each report filed under this title with such agency or office or with the Clerk or the Secretary of the Senate, except that— “(1)

Defense and national security.

Classified information.

 this section does not require public availability of a report filed by any individual in the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency, or any individual engaged in intelligence activities in any agency of the United States, if the President finds or has found that, due to the nature of the office or position occupied by such 104 STAT. 155individual, public disclosure of such report would, be revealing the identity of the individual or other sensitive information, compromise the national interest of the United States; and such individuals may be authorized, notwithstanding section 104(a), to file such additional reports as are necessary to protect their identity from public disclosure if the President first finds or has found that such filing is necessary in the national interest; and “(2) any report filed by an independent counsel whose identity has not been disclosed by the division of the court under chapter 40 of title 28, United States Code, and any report filed by any person appointed by that independent counsel under such chapter, shall not be made available to the public under this title.”.
(B) Section 105(b)(1) is amended—

5 USC app. 105.

 (i) in the first sentence— (I) by striking “and each supervising ethics office” and inserting “, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate”; and (II) by striking “by such agency or office under this title” and inserting “under this title by such agency or office or by the Clerk or the Secretary of the Senate, as the case may be,”; and (ii) in the second sentence by striking “or office” and inserting “, office, Clerk, or Secretary of the Senate, as the case may be”; and (C) Section 105(d) is amended— (i) by inserting “or to the Clerk of the House of Representatives or the Secretary of the Senate” after “ethics office”; and (ii) by inserting “or by the Clerk or the Secretary of the Senate” after “or office”. (7) Review of reports.— Section 106(b) is amended—

5 USC app. 106.

 (A) by striking “the Chairman of the Judicial Conference” each place it appears and inserting “a person designated by the Judicial Conference”; (B) in paragraph (1) by striking “Secretary concerned, designated agency ethics official, or” and inserting “the Secretary concerned, the designated agency ethics official,”; (C) in paragraph (2) by striking “Secretary concerned, designated agency ethics official or” and inserting “the Secretary concerned, the designated agency ethics official,”; (D) in paragraph (3) by striking “Secretary concerned, designated agency ethics official, a congressional ethics committee, or the” and inserting “the Secretary concerned, the designated agency ethics official, a person designated by a congressional ethics committee, or a person designated by the”; (E) in paragraph (4)— (i) by inserting “in the executive branch” after “position”; and (ii) by striking “foreign service” and inserting “Foreign Service”; (F) in paragraph (5) by striking “foreign service” and inserting “Foreign Service”; and (G) in paragraph (6) by striking “employee” and inserting “employee,”. (8) Definitions.— Section 109 is amended—

5 USC app. 109.

 104 STAT. 156 (A) in paragraph (1) by striking “Senate Select Committee on Ethics” and inserting “Select Committee on Ethics of the Senate”; (B) in paragraph (4) by inserting “, other than the General Accounting Office,” after “Code)”; (C) in paragraph (5)— (i) in subparagraph (C) by inserting “, the District of Columbia, or a State or local government or political subdivision thereof” after “United States Government”; (ii) by amending subparagraph (D) to read as follows: “(D) food and beverages which are not consumed in connection with a gift of overnight lodging;”; (iii) in subparagraph (E)— (I) by striking “individual” and inserting “individual,”; and (II) by adding “or” after the semicolon; and (iv) by adding after subparagraph (E) the following: “(F) consumable products provided by home-State businesses to the offices of a reporting individual who is an elected official, if those products are intended for consumption by persons other than such reporting individual;”; (D) in paragraph (8)— (i) by striking “Tax Court,” and inserting “United States Sentencing Commission, of the Tax Court, of the Claims Court,”; and (ii) by striking “who receives compensation” and all that follows through “Code” and inserting “who is paid at a rate of basic pay equal to or greater than the minimum rate of basic pay in effect for grade GS-16 of the General Schedule”; (E) in paragraph (10)— (i) by striking “the Canal Zone, Guam,” and inserting “Guam, the Northern Mariana Islands,”; (ii) by striking “Court of Claims,”; and (iii) by inserting “Claims Court, Court of Veterans Appeals,” after “Tax Court,”; (F) in paragraph (13)(B)(i)— (i) by striking “60 consecutive” and inserting “at least 60”; and (ii) by striking “equal to or in excess of” and inserting “of basic pay equal to or greater than”; (G) in paragraph (15)(A) by inserting “, the District of Columbia, or a State or local government or political subdivision thereof” after “Government”; (H) in paragraph (17)— (i) in subparagraph (A) by striking “and” after the semicolon; (ii) in subparagraph (B) by adding “and” after the semicolon; and (iii) by adding after subparagraph (B) the following: “(C) the Secretary of State, with respect to matters concerning the Foreign Service;”; and (I) in paragraph (18)— (i) in subparagraph (A) by striking “such committee” and inserting “the Secretary of the Senate”; 104 STAT. 157 (ii) in subparagraph (B) by striking “such committee” and inserting “the Clerk of the House of Representatives”; and (iii) in subparagraph (D) by inserting “officers and” after “branch”. (9) Administration of provisions.— Section 111 is amended—

5 USC app. 111.

 (A) in paragraph (2) by striking “Senate Select Committee on Ethics” and inserting “Select Committee on Ethics of the Senate”; (B) in paragraph (3) by striking “and clerk of the applicable court, as appropriate,”; and (C) by adding at the end the following:

“The Judicial Conference may delegate any authority it has under this title to an ethics committee established by the Judicial Conference.”.

 (10) Effective date for title ii.— (A) Section 112 of the

5 USC app. 112.

 Ethics in Government Act of 1978 (5 U.S.C. App.), as amended by the Ethics Reform Act of 1989, is repealed. (B) Title II of the Ethics Reform Act of 1989 is amended by adding at the end the following:
“SEC. 204. EFFECTIVE DATE.

5 USC app. 101 note.

 “The amendments made by this title and the repeal made by section 201 shall take effect on January 1, 1991, except that the provisions of section 102(f)(4)(B) of the Ethics in Government Act of 1978, as amended by this title, shall be effective as of January 1, 1990.”.
(C) The provisions of titles I, II, and HI of the Ethics in

5 USC app. 101 note.

 Government Act of 1978, as in effect on the day before the date of the enactment of the Ethics Reform Act of 1989, shall be effective for the period beginning on November 30, 1989, and ending on January 1, 1991, as if the Ethics Reform Act of 1989 had not been enacted, except that the provisions of section 202(f)(4)(B) of the Ethics in Government Act of 1978 shall be

5 USC app. 202.

 repealed as of January 1, 1990. (D) Nothing in title II of the Ethics Reform Act of 1989 or the

5 USC app. 101 note.

 amendments made by such title shall be construed to prevent the prosecution of civil actions against individuals for violations of the Ethics in Government Act of 1978 before January 1, 1991.
SEC. 4. AMENDMENTS PERTAINING TO TITLE III. (a) Gifts to Superiors.— Section 7351 of title 5, United States Code, is amended— (1) in subsection (a)(2) by inserting “or give a gift” after “gift”; and (2) in subsection (c)— (A) by striking “The Office of Government Ethics” and inserting “Each supervising ethics office (as defined in section 7353(d)(1))”; and (B) by striking “similar circumstances” and inserting “circumstances in which gifts are traditionally given or exchanged”. (b) Redesignation.— (1) Section 1352 of title 31, United States Code, as enacted by section 302 of the Ethics Reform Act of 1989, is amended by redesignating such section as section 1353. (2) The item relating to section 1352 of title 31, United States Code, as enacted by section 302 of the Ethics Reform Act of 1989, in 104 STAT. 158the table of sections at the beginning of chapter 13 of such title, is amended by striking “1352” and inserting “1353”. (c) Travel Acceptance Authority.— Section 1353 of title 31, United States Code, as redesignated by subsection (b) of this section, is amended— (1) in subsection (a) in the first sentence by striking “or employee in the executive branch may accept payment” and inserting “in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency’s behalf,”; (2) in subsection (b)— (A) by inserting “or 7342” after “section 4111”; and (B) in paragraph (2) by striking “(1)” and inserting “(1),”; and (3) in subsection (c)(1) by striking “any executive agency” and inserting “all executive agencies”. (d) Gifts to Federal Employees.— Section 7353 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1) by striking “branches” and inserting “branch”; and (B) in paragraph (1) by striking “regulated by the individual’s employing agency” and inserting “regulated by, the individual’s employing entity”; (2) in subsection (c) by striking “An employee” and inserting “A Member of Congress or an officer or employee”; and (3) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (B) by striking “officers” and inserting “officers,”; and (ii) by amending subparagraph (E) to read as follows: “(E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee referred to in either such subparagraph to which reports filed by such officers and employees under title I of the Ethics in Government Act of 1978 are transmitted under such title, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and”; and (B) in paragraph (2) by striking “Government” and inserting “Government,”.
SEC. 5. AMENDMENTS PERTAINING TO TITLE IV. (a) Definitions.— (1) Section 202(c) of title 18, United States Code, is amended to read as follows: “(c) Except as otherwise provided in such sections, the terms ‘officer’ and ‘employee’ in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge.”. (2) Section 202(d) of title 18, United States Code, is amended by striking “shall include” and inserting “means”. (3) Section 202(e) of title 18, United States Code, is amended— (1) in paragraph (1) by striking “means any” and inserting “includes each”; and (2) in paragraph (3)— (A) by amending subparagraph (A) to read as follows: “(A) the Congress; and”; and 104 STAT. 159 (B) in subparagraph (B) by striking “an officer or employee” and inserting “the Office”. (b) Compensation in Matters Affecting the Government.— Section 203 of title 18, United States Code, is amended— (1) in subsection (a)(1)(B) by inserting “or Federal judge” after “employee”; (2) in subsection (a)(2) by inserting “Commissioner Elect, Federal judge,” after “Commissioner,”; (3) in subsection (b)(2) by inserting “representational” before “services”; (4) in subsection (d)(1) by striking “Government employee,” and inserting “Government employee or as a special Government employee”; and (5) by adding after subsection (e) the following new subsection: “(f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury.”. (c) Other Compensation of Officers and Employees.— Section 205 of title 18, United States Code, is amended— (1) in subsection (a)(2) by striking “any civil” and inserting “civil”; and (2) in subsection (b)(2) by striking “any commission” and inserting “commission”. (d) Penalties for Prior Violations of Post-Employment Restrictions.— Section 207 of title 18, United States Code, as in effect on the date of the enactment of this joint resolution, is amended by striking “shall be fined not more than $10,000 or imprisoned for not more than two years, or both” following subsection (c) and inserting “shall be subject to the penalties set forth in section 216 of this title”. (e) Acts Affecting a Personal Financial Interest.— (1) Section 208 of title 18, United States Code, is amended— (A) in subsection (b)(2) by striking “paragraph (1)” and inserting “subsection (a)”; (B) in subsection (b)(3) by striking “section 107 of”; and (C) by amending subsection (d)(1) to read as follows: “(d) (1) Upon request, a copy of any determination granting an

Public information.

 exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978.”. (2) Section 405(1)(C) of the Ethics Reform Act of 1989 is amended

18 USC 208.

 by inserting “each place it appears” before “and inserting”. (f) Penalties.— Section 216 of title 18, United States Code, is amended— (1) in subsection (a) by striking “sections 203, 204, 205, 207, 208, and 209” and inserting “section 203, 204, 205, 207, 208, or 209”; and (2) in subsection (b) by striking “sections 203, 204, 205, 207, 208, and 209” and inserting “section 203, 204, 205, 207, 208, or 209”.
104 STAT. 160
SEC. 6. AMENDMENTS PERTAINING TO TITLE V. (a) Sale of Property to Comply With Conflict of Interest Requirements.— (1) Subsection (b) of section 1043 of the Internal

26 USC 1043.

Revenue Code of 1986 is amended by adding at the end thereof the following new paragraph: “(5) Special rule for trusts.— For purposes of this section, the trustee of a trust shall be treated as an eligible person with respect to property which is held in the trust if— “(A) any person referred to in paragraph (1)(A) has a beneficial interest in the principal or income of the trust, or “(B) any person referred to in paragraph (1)(B) has a beneficial interest in the principal or income of the trust and such interest is attributable under any statute, regulation, rule, or executive order referred to in paragraph (2) to a person referred to in paragraph (1)(A).”. (2)

26 USC 1043 note.

 (A) For purposes of section 1043 of such Code— (i) any property sold before June 19, 1990, shall be treated as sold pursuant to a certificate of divestiture (as defined in subsection (b)(2) thereof) if such a certificate is issued with respect to such sale before such date, and (ii) in any such case, the 60-day period referred to in subsection (a) thereof shall not expire before the end of the 60-day period beginning on the date on which the certificate of divestiture was issued. (B) Notwithstanding subparagraph (A), section 1043 of such Code shall not apply to any sale before April 19,1990, unless— (i) the sale was made in order to comply with an ethics agreement or pursuant to specific direction from the appropriate agency or confirming committee, and (ii) the justification for the sale meets the criteria set forth in subsection (b)(2)(A) thereof as implemented by the interim regulations implementing such section 1043, published on April 18, 1990. (3)

26 USC 1043 note.

 The amendment made by paragraph (1) and the provisions of paragraph (2) shall apply to sales after November 30, 1989. (b) Use of Government Vehicles.— Section 503 of the Ethics Reform Act of 1989 (31 U.S.C. 1344 note) is amended in the first sentence by striking “shall” and inserting “may”. (c) Interior Appropriations.— Section 505(b) of the Ethics Reform

18 USC 208 note.

Act of 1989 is amended by striking “Fiscal Year 1988” and inserting “Fiscal Year 1989”. (d) Other Amendments to Title V.— Section 506 of the Ethics

5 USC 3393.

Reform Act of 1989 is amended— (1) by amending paragraph (2) of subsection (b) to read as follows: “(2) in section 3393(g), by inserting after ‘1215,’ the following: ‘3393a,’; (2)

5 USC 7701.

 by amending paragraph (6) of subsection (b) to read as follows: “(6) in section 7701(c)(1)(A), by striking ‘of and inserting in lieu thereof the following: ‘or a removal from the Senior Executive Service for failure to be recertified under section 3393a of;”; (3)

22 USC 3945.

 in the amendment made by subsection (e)(1), by redesignating the new subsection being inserted at the end of section 305 104 STAT. 161of the Foreign Service Act of 1980 as subsection (d) (rather than subsection (c)); and (4) by amending subparagraph (B) of subsection (c)(3) to read

10 USC 1601.

 as follows: “(B) by striking the period at the end of paragraph (7) and inserting in lieu thereof the following: ‘; and’”.
SEC. 7. AMENDMENTS PERTAINING TO TITLE VI. (a) Clarification of Sections 501(a) and 502.— (1) Sections 501(a) (1) and (2) and 502 of the Ethics in Government Act of 1978, as amended by the Ethics Reform Act of 1989, are each amended by

5 USC app. 501, 502.

 striking “not a career civil servant” and inserting “a noncareer officer or employee”. (2) Section 501(a)(2) of the Ethics in Government Act of 1978, as amended by the Ethics Reform Act of 1989, is amended— (1) by striking “Member, officer or employee which” and inserting “Member or such an officer or employee which”; and (2) by striking “Member, officer or employee during” and inserting “Member or such officer or employee during”. (b) Clarification of Section 502.— Section 502 of the Ethics in Government Act of 1978, as amended by the Ethics Reform Act of 1989, is amended— (1) in paragraph (1)— (A) by striking “affiliate with or be employed” and inserting “receive compensation for affiliating with or being employed”; (B) by striking “to provide professional services which involves” and inserting “which provides professional services involving”; and (C) by striking “for compensation”; and (2) in paragraph (3)— (A) by striking “practice” and inserting “receive compensation for practicing”; and (B) by striking “for compensation”. (c) Administration.— Section 503 of the Ethics in Government Act of 1978, as amended by the Ethics Reform Act of 1989, is amended by

5 USC app. 503.

 amending paragraph (1) to read as follows: “(1) and administered by— “(A) the Committee on Standards of Official Conduct of the House of Representatives, with respect to Members, officers, and employees of the House of Representatives; and “(B) in the case of legislative branch officers and employees other than Senators, officers, and employees of the Senate and other than those officers and employees specified in subparagraph (A), the committee to which reports filed by such officers and employees under title I are transmitted under such title, except that the authority of this section may be delegated by such committee with respect to such officers and employees;”. (b) Conforming Amendments to Other Provisions of Law.— (1) Section 323(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i(a)) is amended by inserting “or child” after “spouse”. (2) Section 908(a) of the Supplemental Appropriations Act, 1983 (2 U.S.C. 31–1(a)), is amended in paragraphs (2) and (4) by inserting “or child” after “spouse” each place it appears.
104 STAT. 162
SEC. 8. AMENDMENTS PERTAINING TO TITLE IX. Section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31–2) is amended— (1) in subsection (a)— (A) in paragraph (5)— (i) in subparagraph (B) by adding “or” after the semicolon; (ii) in subparagraph (C) by striking “; or” and inserting a period; and (iii) by striking subparagraph (D); and (B) in paragraph (6)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting after “subsection—” the following: “(A) the term ‘foreign national’ means a person acting directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political party, or a foreign government;”; and (2) in subsection (b)— (A) by striking “(and 2 nights)”; (B) by striking “(and 6 nights)”; and (C) in the last sentence by striking “of a Member” and inserting “or child of such Member”.
SEC. 9.

5 USC app. 105 note.

Public information.

 SAVINGS PROVISION. Those reports filed under title I, II, or III of the Ethics in Government Act of 1978, as in effect before January 1, 1991, shall be made available to the public on or after such date in accordance with section 105 of that Act, as amended by the Ethics Reform Act of 1989, and the provisions of such section shall apply with respect to those reports.
SEC. 10. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF LAW. (a) Section 3730 of Title 31.— Section 3730(e) of title 31, United States Code, is amended by striking “201(f)” and inserting “paragraphs (1) through (8) of section 101(f)”. (b) Section 2397a of Title 10.— Section 2397a(a)(4) of title 10, United States Code, is amended by striking “209(10)” and inserting “109(3)”. (c)

10 USC 2397a note.

 Effective Date.—The amendments made by subsections (a) and (b) shall take effect on January 1, 1991.
104 STAT. 163
SEC. 11. EFFECTIVE DATE.

5 USC app. 101 note.

 Except as otherwise provided in this joint resolution, this Act and the amendments made by this joint resolution take effect on the date of the enactment of this joint resolution.
Approved May 4, 1990.
LEGISLATIVE HISTORY—H.J. Res. 553: CONGRESSIONAL RECORD, Vol. 136(1990):

Apr. 24, considered and passed House.

Apr. 26, considered and passed Senate.

 Public Law 101–281: To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes. Public Law 281 Public Law 101–281 104 Stat. 164 1990-05-04 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 2025-06-19 101 2 public 104 STAT. 164 Public Law 101–281 101st Congress
An Act To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes.

May 4, 1990

[S. 2533]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. (a) Section 905(d)(4) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1475(d)(4)) is amended by striking “28 month” and inserting in lieu thereof “31-month”. (b)

Effective date.

49 USC app. 1475 note.

 The amendment made by subsection (a) shall be effective as of April 30, 1990.
Sec. 2. Section 511 of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2210) is amended by adding at the end the following new subsection: “(g) Use of Airport Generated Revenues in Hawaii.— “(1) General rule.— Notwithstanding the limitation on the use of revenues generated by airports contained in subsection (a)(12) of this section, the State of Hawaii may use for eligible transportation projects revenues generated on the sale at off-airport locations in the State of duty-free merchandise under a contract between the State and a duty-free sales enterprise. “(2) Limitations.— “(A) Applicability period.— This subsection only applies to revenues generated after the date of enactment of this subsection and before December 31, 1994, on sales referred to in paragraph (1) and to amounts in the Airport Revenue Fund of the State of Hawaii which are attributable to revenues generated before the date of enactment of this subsection on such sales. “(B) Coverage of airport capital and operating costs.— The State of Hawaii may use under paragraph (1) revenues generated on sales referred to in paragraph (1) in a fiscal year of the State only if the amount of such revenues, when added to the amount of funds received in such year by the State for airport capital and operating costs from all other sources (including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this Act for expenditure at such airports), exceeds 150 percent of the projected airport capital and operating costs for such year. “(C) Annual cap.— The amount of revenues generated on sales referred to in paragraph (1) in a fiscal year of the State of Hawaii which the State may use under paragraph (1) may not exceed the amount of the excess determined under subparagraph (B) for such year. “(D) Aggregate cap.— The maximum amount of revenues which the State of Hawaii may use under paragraph (1) may not exceed $250,000,000 in the aggregate. 104 STAT. 165 “(E) Reduction due to landing fee increase.— If any fee levied or collected by an airport operated by the State of Hawaii for a rental charge, landing fee, or other service charge from an aircraft operator for the use of airport facilities is increased in the period beginning on the date of enactment of this subsection and ending December 31,1994, by a percentage which is greater than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, published by the Bureau of Labor Statistics of the Department of Labor in such period and if, as a result of such fee increase, there is an increase in the revenues derived from such fee, the $250,000,000 limit established by subparagraph (D) shall be reduced by the amount of the projected increase in such revenues in such period less any portion of such increase which is attributable to changes in such Index in such period. “(F) Determination of costs and projected increases in revenues.— The State of Hawaii shall determine capital and operating costs and revenues under subparagraph (B) and the amount of projected increases in revenues from fee increases referred to in subparagraph (E). Determinations shall be submitted by the State to the Secretary for approval. A determination shall be treated as approved by the Secretary unless the Secretary disapproves such determination on or before the 30th day after the State submits such determination to the Secretary. “(G) Eligibility for discretionary grants.— The State of Hawaii shall not be eligible for a grant under section 507(c) in any fiscal year in which the State uses under paragraph (1) revenues generated on sales referred to in paragraph (1). If the State receives a grant in a fiscal year in which the State as a result of this subparagraph is not eligible to receive a grant, the State shall repay all amounts received by the State under such grant to the Secretary for deposit in the discretionary fund established under section 507(c). “(3) Period of use.— Revenues generated on sales referred to in paragraph (1) in the period of applicability set forth in paragraph (2)(A) may be used under paragraph (1) in any fiscal year of the State, including a fiscal year of the State beginning after December 31,1994. “(4) Definitions.— In this subsection, the following apply: “(A) Airport capital and operating costs.— The term ‘airport capital and operating costs’ means costs incurred by the State of Hawaii for operation of all airports operated by such State and costs for debt service incurred by such State in connection with capital projects for such airports, including interest and amortization of principal costs. “(B) Duty-free sales enterprise; duty-free merchandise.— The terms ‘duty-free sales enterprise’ and ‘duty-free merchandise’ have the meaning such terms have under section 555(b) of the Tariff Act of 1930 (19 U.S.C. 1555(b)). “(C) Eligible transportation project.—The term ‘eligible transportation project’ means a project for construc-104 STAT. 166tion or reconstruction of a highway on a Federal-aid system which will facilitate access to an airport and which is located within 10 miles by road of such airport. “(D) Federal-aid system; highway.— The terms ‘Federal aid system’ and ‘highway’ have the meaning such terms have under section 101 of title 23, United States Code.”.
Approved May 4, 1990.
LEGISLATIVE HISTORY—S. 2533: CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 26, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–282: Designating May 6 through 12, 1990, as “Be Kind to Animals and National Pet Week”. Public Law 282 Public Law 101–282 104 Stat. 167 1990-05-08 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 2025-06-19 101 2 public 104 STAT. 167 Public Law 101–282 101st Congress
Joint Resolution Designating May 6 through 12, 1990, as “Be Kind to Animals and National Pet Week”.

May 8, 1990

[S.J. Res. 236]

 Whereas 1990 marks the 75th anniversary of the American Humane Association’s “Be Kind to Animals Week” and the 10th anniversary of “National Pet Week”, sponsored by the American Veterinary Medical Association, the Auxiliary to the American Veterinary Medical Association, and the American Animal Hospital Association; Whereas animals and pets give companionship and pleasure in daily living, share the homes of nearly 50,000,000 individuals or families in the United States, and provide special benefits to elderly persons and children; Whereas the people of the United States have a firm commitment to promote responsible care of animals and pets and guard against cruel and irresponsible treatment; Whereas teaching kindness and respect for all living animals through education in schools and communities is essential to the basic values of a humane and civilized society; Whereas the people of the United States are grateful to the veterinary medical profession for providing preventive and emergency medical care and assistance to animals, spaying and neutering animals to combat overpopulation, and contributing to the education of animal owners; and Whereas the people of the United States are indebted to animal protection organizations, State humane organizations, and local animal care and control agencies for promoting respect for animals and pets, educating children about humane attitudes, and caring for lost, unwanted, abused, and abandoned animals: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That May 6 through 12, 1990, is designated as “Be Kind to Animals and National Pet Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate ceremonies and activities.
Approved May 8, 1990.
LEGISLATIVE HISTORY—S.J. Res. 236: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–283: To designate May 1990 as “Asian/Pacific American Heritage Month”. Public Law 283 Public Law 101–283 104 Stat. 168 1990-05-09 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 2025-06-19 101 2 public 104 STAT. 168 Public Law 101–283 101st Congress
An Act To designate May 1990 as “Asian/Pacific American Heritage Month”.

May 9, 1990

[H.R. 3802]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ASIAN/PACIFIC AMERICAN HERITAGE MONTH.

92 Stat. 920.

The text of Public Law 95–419 after the resolving clause is amended to read as follows: “That the President may issue a proclamation designating May 1990 as ‘Asian/Pacific American Heritage Month’ and calling on the people of the United States, especially the educational community, to observe such month with appropriate ceremonies, programs, and activities.”.
SEC. 2. CONFORMING AMENDMENT. The title to Public Law 95–419 is amended to read as follows: “Joint resolution authorizing the President to designate May 1990 as ‘Asian/Pacific American Heritage Month’.”.
Approved May 9, 1990.
LEGISLATIVE HISTORY—H.R. 3802: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 3, considered and passed House and Senate.

 Public Law 101–284: Designating the third week in May 1990 as “National Tourism Week”. Public Law 284 Public Law 101–284 104 Stat. 169 1990-05-09 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 2025-06-19 101 2 public 104 STAT. 169 Public Law 101–284 101st Congress
Joint Resolution Designating the third week in May 1990 as “National Tourism Week”.

May 9, 1990

[S.J. Res. 153]

 Whereas travel and tourism is the third largest retail industry and the second largest private employer in the United States, generating more than five million nine hundred thousand jobs; Whereas total travel expenditures in the United States amount to more than $350,000,000,000 annually, or about 6.7 percent of the Gross National Product; Whereas tourism is an essential American export, as thirty-eight million three hundred thousand foreign travelers spend approximately $43,000,000,000 annually in the United States; Whereas development and promotion of tourism have brought new industries, jobs, and economic revitalization to cities and regions across the United States; Whereas tourism contributes substantially to personal growth, education, appreciation of intercultural differences, and the enhancement of international understanding and good will; and Whereas the abundant natural and man-made attractions of the United States and the hospitality of the American people establish the United States as the preeminent destination for both foreign and domestic travelers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week beginning on the second Sunday in May 1990 is designated as “National Tourism Week”. The President is authorized and requested to issue a proclamation calling on the people of the United States to observe that week with appropriate ceremonies and activities.
Approved May 9, 1990.
LEGISLATIVE HISTORY—S.J. Res. 153: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 28, considered and passed Senate.

Apr. 18, considered and passed House, amended.

Apr. 24, Senate concurred in House amendment.

 Public Law 101–285: To designate the period commencing on May 6, 1990, and ending on May 12, 1990, as “National Drinking Water Week”. Public Law 285 Public Law 101–285 104 Stat. 170 1990-05-09 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 2025-06-19 101 2 public 104 STAT. 170 Public Law 101–285 101st Congress
Joint Resolution To designate the period commencing on May 6, 1990, and ending on May 12, 1990, as “National Drinking Water Week”.

May 9, 1990

[S.J. Res. 230]

 Whereas water itself is God-given, and the drinking water that flows dependably through our household taps results from the dedication of the men and women who operate the public water systems of collection, storage, treatment, testing, and distribution that insures that drinking water is available, affordable, and of unquestionable quality; Whereas the advances in health effects research and water analysis and treatment technologies, in conjunction with the Safe Drinking Water Act Amendments of 1986 (Public Law 99–339), could create major changes in the production and distribution of drinking water; Whereas this substance, which the public uses with confidence in so many productive ways, is without doubt the single most important product in the world and a significant issue of the future; Whereas the public expects high-quality drinking water to always be there when needed; and Whereas the public continues to increase its demand for drinking water of unquestionable quality: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the period commencing on May 6, 1990, and ending on May 12, 1990, is designated as “National Drinking Water Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such period with appropriate ceremonies, activities, and programs designed to enhance public awareness of drinking water issues and public recognition of the difference that drinking water makes to the health, safety, and quality of the life we enjoy.
Approved May 9, 1990.
LEGISLATIVE HISTORY—S.J. Res. 230: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–286: To provide for the establishment of the National Commission on Wildfire Disasters, to provide for increased planning and cooperation with local firefighting forces in the event of forest fires, and for other purposes. Public Law 286 Public Law 101–286 104 Stat. 171 1990-05-09 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 2025-06-19 101 2 public 104 STAT. 171 Public Law 101–286 101st Congress
An Act To provide for the establishment of the National Commission on Wildfire Disasters, to provide for increased planning and cooperation with local firefighting forces in the event of forest fires, and for other purposes.

May 9, 1990

[H.R. 1011]

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

Wildfire Disaster Recovery Act of 1989.

Forests and forest products. National Forest System.

National parks, monuments, etc. Public lands.

16 USC 551 note.

16 USC 551 note.

Section 1. This Act may be cited as the “Wildfire Disaster Recovery Act of 1989”.
<num value="I">TITLE I—</num><heading>NATIONAL COMMISSION ON WILDFIRE DISASTERS</heading> <section> <num value="101">SEC. 101. </num> <heading>FINDINGS AND POLICY.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the natural fire disasters that occurred in 1987 and 1988 in Western and Southeastern States burned nearly seven and one-half million acres of Federal, State, and private land;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>these fires have altered the ability of Federal Government agencies to effectively manage the lands for timber production, fish and wildlife habitation, watershed, and recreation for future use by the American public; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the communities in and surrounding the areas affected by the fires have suffered economic and social losses.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Policy</inline>.—</heading> <content>It is hereby declared to be the policy of Congress to respond to these disasters and prepare for potential disasters by reviewing the effect of these disasters on natural resources and on the financial and cultural aspects of the affected communities and by adopting such policies as are needed to assist in an effective and efficient recovery of those communities.</content> </subsection> </section> <section> <num value="102">SEC. 102. </num> <heading>NATIONAL COMMISSION ON WILDFIRE DISASTERS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Establishment</inline>.—</heading> <content>There is hereby established a National Commission on Wildfire Disasters (hereafter referred to as the “Commission”) which shall study the effects of disastrous wildfires, resulting from natural or other causes, and make recommendations concerning the steps necessary for a smooth and timely transition from the loss of natural resources due to such fires.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Composition</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall be composed of 25 members. Thirteen members shall be appointed by the Secretary of Agriculture with at least one from each of the following groups: the timber industry, nonindustrial private forest landowners, State or local officials, employees of the Department of Agriculture, scientists from the academic community, wildlife biologists, members of private nonprofit forestry organizations, members of environmental organizations, and community leaders. Twelve members shall be appointed by the Secretary of the Interior, with at least one from each of the following groups: State or local officials, employees of the Department of the Interior, scientists from the academic <page identifier="/us/stat/104/172">104 STAT. 172</page>community, wildlife biologists, members of environmental organizations, members of private nonprofit national park organizations, conservationists, community leaders, and fire ecologists.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The two Secretaries shall each appoint no more than three members from any one State and shall each appoint at least five members from areas affected by wildfires since 1986.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>In making appointments under this subsection, the Secretary of Agriculture shall consider nominations submitted by the following Members of Congress:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The chairman of the Committee on Agriculture of the House of Representatives.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The ranking minority member of the Committee on Agriculture of the House of Representatives.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>The ranking minority member of the Committee on Agriculture, Nutrition, and Forestry of the Senate.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>In making appointments under this subsection, the Secretary of the Interior shall consider nominations submitted by the following Members of Congress:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The chairman of the Committee on Interior and Insular Affairs of the House of Representatives.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The ranking minority member of the Committee on Interior and Insular Affairs of the House of Representatives.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The chairman of the Committee on Energy and Natural Resources of the Senate.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>The ranking minority member of the Committee on Energy and Natural Resources of the Senate.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Vacancy</inline>.—</heading> <content>A vacancy on the Commission shall be filled by appointment in the manner provided in subsection (b) by the Secretary making the initial appointment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Chairperson</inline>.—</heading> <content>The Commission shall elect a chairperson from among the members of the Commission by a majority vote.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Meetings</inline>.—</heading> <content>The Commission shall meet at the call of the chairperson or a majority of the members of the Commission.</content> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>DUTIES.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Study</inline>.—</heading> <chapeau>The National Commission on Wildfire Disasters shall study the effects of fires on—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the current and future economy of affected communities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the availability of sufficient timber supplies to meet future industry needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fish and wildlife habitats;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>recreation in the affected areas;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>watershed and water quality protection plans in effect within National Forest System lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>ecosystems in the areas;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>management plans of the affected National Forest System lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>national parks;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Bureau of Land Management public lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>wilderness; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>biodiversity of the affected areas.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Findings and Recommendations</inline>.—</heading> <content>On the basis of its study, the Commission shall make findings and develop recommendations for consideration by the Secretaries of Agriculture and the Interior with respect to the future management of National Forest System <page identifier="/us/stat/104/173">104 STAT. 173</page>lands, national parks, Bureau of Land Management public lands, and community redevelopment activities and programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Report</inline>.—</heading> <content>The Commission shall submit to the Secretaries of Agriculture and the Interior, not later than December 1, 1991, a report containing its findings and recommendations. The Secretaries of Agriculture and the Interior shall forthwith submit the report to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Interior and Insular Affairs of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, and the report is authorized to be printed as a House Document.</content> </subsection> </section> <section> <num value="104">SEC. 104. </num> <heading>OPERATION IN GENERAL.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Agency Cooperation</inline>.—</heading> <content>The heads of executive agencies, the General Accounting Office, the Office of Technology Assessment, and the Congressional Budget Office shall provide the Commission such information as may be required to carry out its duties and functions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Compensation</inline>.—</heading><content>Members of the Commission shall serve without compensation for work on the Commission. While away from their homes or regular places of business in the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service under section 5703 of title 5 of the United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Employees</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>To the extent there are sufficient funds available to the Commission and subject to such rules as may be adopted by the Commission, the Commission, without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and, except as provided in paragraph (2), without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification and General Schedule pay rates, may—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>appoint and fix the compensation of a director; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>appoint and fix the compensation of such additional personnel as the Commission determines necessary to assist it to carry out its duties and functions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>No employee of the Commission shall be compensated at a pay rate greater than the rate received by an employee at the grade of GS–16 as described in section 5104(16) of title 5 of the United States Code.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Staff and Services</inline>.—</heading> <content>On the request of the Commission, the heads of executive agencies, the Comptroller General, and the Director of the Office of Technology Assessment may furnish the Commission with such office, personnel or support services as the head of the agency, or office, and the chairperson of the Commission agree are necessary to assist the Commission to carry out its duties and functions. The Commission shall not be required to pay, or reimburse, any agency for office, personnel or support services provided under this subsection.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading><inline class="smallCaps">Exemptions</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall be exempt from sections 7(d), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App.).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Commission shall be exempt from the requirements of sections 4301 through 4305 of title 5 of the United States Code.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/174">104 STAT. 174</page> <section> <num value="105">SEC. 105. </num> <heading>FUNDING.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Acceptance of Contributions</inline>.—</heading> <content>Following the appointment of the members of the National Commission on Wildfire Disasters, notwithstanding the provisions of section 1342 of title 31 of the United States Code, the Secretary of Agriculture may receive on behalf of the Commission, from persons, groups, and entities within the United States, contributions of money and services to assist the Commission in carrying out its duties and functions. Any money contributed under this section shall be made available to the Commission to carry out this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <heading><inline class="smallCaps">Limitation on Contribution</inline>.—</heading> <content>The Secretary of Agriculture shall promulgate regulations to assure that the aggregate amount of contributions from any one person, group, or entity shall not exceed 10 percent of the total amount of funds that will be contributed to the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <heading><inline class="smallCaps">Records</inline>.—</heading> <content>The Secretary of Agriculture shall keep, and shall make available for public inspection during normal business hours, records that fully disclose a complete list of every person, group, and entity making a contribution under this section, the address of the contributor, the amount and type of each such contribution, arid the date the contribution was made.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Excess Funds</inline>.—</heading> <content>Any amount of money available to the Commission under this section that remains unobligated upon termination of the Commission shall be deposited in the Treasury as miscellaneous receipts.</content> </subsection> </section> <section> <num value="106">SEC. 106. </num> <heading>TERMINATION.</heading> <content>The National Commission on Wildfire Disasters shall cease to exist 90 days following the submission of its report to the Secretaries of Agriculture and the Interior.</content> </section> <num value="II">TITLE II—</num><heading>FOREST FIREFIGHTING PLANNING AND COOPERATION</heading> <section> <num value="201">SEC. 201. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s551b">16 USC 551b note</ref>.</p></sidenote> <heading>FINDINGS.</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is in the best interest of the Nation to take swift action to rehabilitate burned forests, and an assessment of the situation is necessary to accomplish this; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>volunteers should be trained to assist where possible.</content> </paragraph> </section> <section> <num value="202">SEC. 202. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s551b">16 USC 551b</ref>.</p></sidenote> <heading>REPORT ON REHABILITATION NEEDS.</heading> <chapeau>Not later than six months after the date of enactment of this Act and annually thereafter, detailed reports by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary of Agriculture on the rehabilitation needs of each Forest Service Region, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of the Interior on the rehabilitation needs of the Bureau of Land Management public lands on a State-by-State basis and of each National Park Region,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">resulting from disastrous forest fire damage during the previous year shall be submitted to Congress. Each such report shall specify the needs with respect to reforestation, vegetation management, timber stand improvement, fish and wildlife habitat restoration, soil conservation, recreation, and wilderness resources.</continuation> </section> <page identifier="/us/stat/104/175">104 STAT. 175</page> <section> <num value="203">SEC. 203. </num> <heading>PLANNING FOR FIRE PROTECTION.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s551c">16 USC 551c</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Volunteer Firefighters</inline>.—</heading> <content>The Secretaries of Agriculture and the Interior shall annually offer training programs to certify volunteers for suppressing forest fires on National Forest System lands, National Park System lands and Bureau of Land Management public lands in the event that the appropriate Secretary determines that such volunteers are needed. In carrying out this subsection, the Secretaries should utilize existing authorities to train volunteer firefighters for use in fire emergencies. The Secretaries should assess the capabilities of educational institutions and other public and private organizations to provide such training programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading> <content>For the purposes of this section, the term “educational institutions” shall include institutions established pursuant to the Act of July 2, 1862 (7 U.S.C. 301 et seq., commonly known as the “Morrill Act”), or the Act of August 30, 1890 (7 U.S.C. 321 et seq., commonly known as the “Second Morrill Act”).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Mobilization of Local Equipment</inline>.—</heading> <chapeau>Not later than one year after the date of enactment of this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary of Agriculture shall submit to the Congress information with respect to regions of the National Forest System, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of the Interior shall submit to the Congress information with respect to the Bureau of Land Management public lands on a State-by-State basis and each region of the National Park System</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">that documents mobilization plans that provide for the use of fire-fighting equipment in cases of fire emergencies that may occur in each such area that may be highly prone to disastrous forest fires.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps">Presuppression Needs</inline>.—</heading> <content>Not later than one year after the date of enactment of this Act, information from the Secretary of Agriculture on presuppression needs for each region of the National Forest System and information from the Secretary of the Interior on the presuppression needs for each region of the National Park System and for each State unit of the Bureau of Land Management shall be submitted to Congress. These reports shall include needs,<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> including an estimate of the funds required, for fire prevention, fuel reduction, training and seasonal fire crews.</content> </subsection> </section> <section> <num value="204">SEC. 204. </num> <heading>VOLUNTEER COMPENSATION FOR LOSSES AND DAMAGES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Claims.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">National Forests</inline>.—</heading> <content>Section 3 of the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558c) is amended by adding the following new subsection:<quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>For the purposes of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of 31 U.S.C. 3721 shall apply.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">National Parks</inline>.—</heading> <content>Section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i) is amended by adding the following new subsection:<quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of 31 U.S.C. 3721 shall apply.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Bureau of Land Management</inline>.—</heading> <content>Section 307(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(f)) is amended to read as follows:<page identifier="/us/stat/104/176">104 STAT. 176</page> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau>Volunteers shall not be deemed employees of the United States except for the purposes of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the tort claims provisions of title 28;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>subchapter 1 of chapter 81 of title 5; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of 31 U.S.C. 3721 shall apply.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> Approved May 9, 1990.
LEGISLATIVE HISTORY—H.R. 1011: HOUSE REPORTS: No. 101–333, Pt. 1 (Comm, on Agriculture). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 13, considered and passed House.

Vol. 136 (1990): Apr. 26, considered and passed Senate.

 Public Law 101–287: Designating May 13, 1990, as “Infant Mortality Awareness Day”. Public Law 287 Public Law 101–287 104 Stat. 177 1990-05-10 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 2025-06-19 101 2 public 104 STAT. 177 Public Law 101–287 101st Congress
Joint Resolution Designating May 13, 1990, as “Infant Mortality Awareness Day”.

May 10, 1990

[H.J. Res. 546]

 Whereas more than 38,000 infants will die this year in the United States before their first birthday; Whereas the international ranking of the United States in infant mortality has declined from 6th in the 1950s to 22nd in the 1980s; Whereas proper prenatal care has been found to be the single greatest contributor to the birth of a healthy baby, but 1 in 3 pregnant women does not receive early and comprehensive prenatal care in the United States; Whereas low birth weight has been found to be a significant determinant of infant mortality and 7 percent of all babies born in this country are born below a healthy birth weight; and Whereas for every dollar spent on prenatal care for high-risk mothers, there can be a savings of more than $3: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Congress of the United States finds that situation to be deplorable and designates May 13, 1990, as “Infant Mortality Awareness Day”, and encourages the citizens of this country to work toward the birth of healthy babies to healthy mothers.
Approved May 10, 1990.
LEGISLATIVE HISTORY—H.J. Res. 546: CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed House.

Apr. 26, considered and passed Senate.

 Public Law 101–288: To grant the consent of Congress to the Quad Cities Interstate Metropolitan Authority Compact entered into between the States of Illinois and Iowa. Public Law 288 Public Law 101–288 104 Stat. 178 1990-05-10 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 2025-06-19 101 2 public 104 STAT. 178 Public Law 101–288 101st Congress
An Act To grant the consent of Congress to the Quad Cities Interstate Metropolitan Authority Compact entered into between the States of Illinois and Iowa.

May 10, 1990

[S. 1485]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT. The Congress hereby consents to the Quad Cities Interstate Metropolitan Authority Compact entered into between the States of Illinois and Iowa, which compact is substantially as follows:
Article 1— SHORT TITLE

Quad Cities Interstate Metropolitan Authority Compact.

 This compact may be cited as the “Quad Cities Interstate Metropolitan Authority Compact”.
Article 2— AUTHORIZATION The states of Illinois and Iowa authorize the creation of the quad cities interstate authority to include the territories of Scott county in the state of Iowa and Rock Island county in the state of Illinois.
Article 3— PURPOSES The purposes of the authority are to provide facilities and to foster cooperative efforts, all for the development and public benefit of its territory. This compact shall be liberally interpreted to carry out these purposes.
Article 4— CREATION The authority is created when the secretary of state of Iowa certifies to the secretary of state of Illinois that a majority of the electors of Scott county voting on the proposition voted to approve creation of the authority and the secretary of state of Illinois certifies to the secretary of state of Iowa that a majority of the electors of Rock Island county voting on the proposition voted to approve creation of the authority. A referendum approving creation of the authority must be held before January 1, 1993.
Article 5— BOARD MEMBERS The authority shall be governed by a board of not more than sixteen members, one-half of whom are residents of Rock Island county, Illinois, and one-half of whom are residents of Scott county, Iowa. Iowa members shall be chosen in the manner and for the terms fixed by the law of Iowa. Illinois members shall be chosen in the manner and for the terms fixed by the law of Illinois.
104 STAT. 179
Article 6— BOARD OFFICERS The board shall elect annually from its members a chairperson, a vice chairperson, a secretary, and other officers it determines necessary.
Article 7— BOARD OPERATION The board shall adopt bylaws governing its meetings, fiscal year, election of officers, and other matters of procedure and operation.
Article 8— BOARD EXPENSES AND COMPENSATION (a) Members shall be reimbursed for reasonable expenses incurred while carrying out official duties. (b) Members shall be compensated as authorized by substantially identical laws of the states of Illinois and Iowa.
Article 9— EMPLOYEES (a) The board shall hire an executive director, a treasurer, and other employees it determines necessary and shall fix their qualifications, duties, compensation, and terms of employment. (b) The executive director, treasurer, and other employees shall have no pension benefits or rights of collective bargaining other than those authorized by substantially identical laws of the states of Iowa and Illinois.
Article 10— GENERAL POWERS The authority has the following general powers: (1) To sue and be sued. (2) To own, operate, manage, or lease facilities within the territory of the authority. “Facility” means an airport, port, wharf, dock, harbor, bridge, tunnel, terminal, industrial park, waste disposal system, mass transit system, parking area, road, recreational area, conservation area, or other project beneficial to the territory of the authority as authorized by substantially identical laws of the states of Iowa and Illinois, together with related or incidental fixtures, equipment, improvements, and real or personal property. (3) To fix and collect reasonable fees and charges for the use of its facilities. (4) To own or lease interests in real or personal property. (5) To accept and receive money, services, property, and other things of value. (6) To disburse funds for its lawful activities. (7) To enter into agreements with political subdivisions of the state of Illinois or Iowa or with the United States. (8) To pledge or mortgage its property. (9) To perform other functions necessary or incidental to its purposes and powers. (10) To exercise other powers conferred by substantially identical laws of the states of Iowa and Illinois.
Article 11— EMINENT DOMAIN

Real property.

 (a) The authority has the power to acquire real property by eminent domain. 104 STAT. 180 (b) Property in the state of Iowa shall be acquired under the laws of the state of Iowa. Property in the state of Illinois shall be acquired under the laws of the state of Illinois.
Article 12— INDEBTEDNESS (a) The authority may incur indebtedness subject to debt limits imposed by substantially identical laws of the states of Illinois and Iowa. (b) Indebtedness of the authority shall not be secured by the full faith and credit or the tax revenues of the state of Iowa or Illinois, or a political subdivision of the state of Iowa or Illinois other than the authority or as otherwise authorized by substantially identical laws of the states of Iowa and Illinois. (c) Bonds shall be issued only under terms authorized by substantially identical laws of the states of Illinois and Iowa.
Article 13— TAXES (a) The authority shall have no independent power to tax. (b) A political subdivision of the state of Iowa or Illinois shall not impose taxes to fund the authority or any of the authority’s projects except as specifically authorized by substantially identical laws of the states of Illinois and Iowa.
Article 14— REPORTS The authority shall report annually to the governors and legislatures of the states of Iowa and Illinois concerning its facilities, activities, and finances and may make recommendations for state legislation.
Article 15— PENALTIES The states of Illinois and Iowa may provide by substantially identical laws for the enforcement of the ordinances of the authority and for penalties for the violation of those ordinances.
Article 16— SUBSTANTIALLY IDENTICAL LAWS Substantially identical laws of the states of Iowa and Illinois which are in effect before the authority is created shall apply unless the laws are contrary to or inconsistent with the provisions of this compact. A question of whether the laws of the states of Iowa and Illinois are substantially identical may be determined and enforced by a federal district court.
Article 17— DISSOLUTION The authority may be dissolved by independent action of a political subdivision of the state of Iowa or the state of Iowa as authorized by law of the state of Iowa or by independent action of a political subdivision of the state of Illinois or the state of Illinois as authorized by law of the state of Illinois.
Article 18— SUBJECT TO LAWS AND CONSTITUTIONS This compact, the enabling laws of the states of Iowa and Illinois, and the authority are subject to the laws and Constitution of the 104 STAT. 181United States and the Constitutions of the states of Illinois and Iowa.
Article 19— CONSENT OF CONGRESS The attorneys general of the states of Iowa and Illinois shall jointly seek the consent of the Congress of the United States to enter into or implement this compact if either of them believes the consent of the Congress of the United States is necessary.
Article 20— BINDING EFFECT This compact and substantially identical enabling laws are binding on the states of Illinois and Iowa to the full extent allowed without the consent of Congress. If the consent of Congress is necessary, this compact and substantially identical enabling laws are binding on the states of Iowa and Illinois to the full extent when consent is obtained.
Article 21— SIGNING This compact shall be signed in duplicate by the speakers of the houses of representatives of the states of Illinois and Iowa. One signed copy shall be filed with the secretary of state of Iowa and the other with the secretary of state of Illinois.
SEC. 2. RESERVATION OF RIGHTS. The right to alter, amend, or repeal this Act is expressly reserved.
Approved May 10, 1990.
LEGISLATIVE HISTORY—S. 1485: HOUSE REPORTS No. 101–462 (Comm. on the Judiciary). CONGRESSIONAL RECORD.

Vol. 135 (1989): Nov. 15, considered and passed Senate.

Vol. 136 (1990): May 1, considered and passed House

 Public Law 101–289: To designate the month of May 1990, as “National Trauma Awareness Month”. Public Law 289 Public Law 101–289 104 Stat. 182 1990-05-10 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 2025-06-19 101 2 public 104 STAT. 182 Public Law 101–289 101st Congress
Joint Resolution To designate the month of May 1990, as “National Trauma Awareness Month”.

May 10, 1990

[S.J. Res. 224]

 Whereas more than eight million individuals in the United States suffer traumatic injury each year; Whereas traumatic injury is the leading cause of death of individuals less than forty-four years of age in the United States; Whereas every individual is a potential victim of traumatic injury; Whereas traumatic injury often occurs without warning; Whereas traumatic injury frequently renders its victims incapable of caring for themselves; Whereas past inattention to the causes and effects of trauma has led to the inclusion of trauma among the most neglected medical conditions; Whereas the people of the United States spend more than $110,000,000,000 on the problem of trauma; Whereas the problem of trauma can be remedied only by prevention and treatment through emergency medical services and trauma systems; and Whereas the people of the United States must be educated in the prevention and treatment of trauma and in the proper and effective use of emergency medical systems: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That May 1990 is designated as “National Trauma Awareness Month”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate ceremonies and activities.
Approved May 10, 1990.
LEGISLATIVE HISTORY—S.J. Res. 224: CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–290: To designate the week of May 6, 1990 through May 13, 1990, as “Jewish Heritage Week”. Public Law 290 Public Law 101–290 104 Stat. 183 1990-05-10 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 2025-06-19 101 2 public 104 STAT. 183 Public Law 101–290 101st Congress
Joint Resolution To designate the week of May 6, 1990 through May 13, 1990, as “Jewish Heritage Week”.

May 10, 1990

[S.J. Res. 241]

 Whereas May 10, 1990, marks the forty-second anniversary of the founding of the State of Israel; Whereas the months of April, May, and June contain events of major significance in the Jewish calendar, including Passover, the anniversary of the Warsaw Ghetto Uprising, Holocaust Memorial Day, and Jerusalem Day; Whereas the Congress recognizes that an understanding of the heritage of all ethnic groups in this Nation contributes to the unity of this Nation; and Whereas understanding among ethnic groups in this Nation may be fostered further through an appreciation of the culture, history, and traditions of the Jewish community and the contributions of Jewish people to this Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of May 6, 1990 through May 13, 1990, is designated as “Jewish Heritage Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States, departments and agencies of State and local governments, and interested organizations to observe such week with appropriate ceremonies, activities, and programs.
Approved May 10, 1990.
LEGISLATIVE HISTORY—S.J. Res. 241: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–291: To designate the building located at 1515 Sam Houston Street in Liberty, Texas, as the “M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building”. Public Law 291 Public Law 101–291 104 Stat. 184 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 184 Public Law 101–291 101st Congress
An Act To designate the building located at 1515 Sam Houston Street in Liberty, Texas, as the “M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building”.

May 17, 1990

[H.R. 922]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the building located at 1515 Sam Houston Street in Liberty, Texas, known as the United States Post Office Building, is designated as the “M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building”. Any reference to such building in any law, map, regulation, document, or other paper of the United States shall be deemed to be a reference to the M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building.
Approved May 17, 1990.
LEGISLATIVE HISTORY—H.R. 922: CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 30, considered and passed House.

Vol. 136 (1990): May 9, considered and passed Senate.

 Public Law 101–292: To establish the Grand Island National Recreation Area in the State of Michigan, and for other purposes. Public Law 292 Public Law 101–292 104 Stat. 185 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 185 Public Law 101–292 101st Congress
An Act To establish the Grand Island National Recreation Area in the State of Michigan, and for other purposes.

May 17, 1990

[H.R. 1472]

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

Conservation. Environmental protection.

Historic preservation. National parks, monuments, etc.

16 USC 460aaa.
SECTION 1. ESTABLISHMENT OF GRAND ISLAND NATIONAL RECREATION AREA. In order to preserve and protect for present and future generations the outstanding resources and values of Grand Island in Lake Superior, Michigan, and for the purposes of providing for the conservation, protection, and enhancement of its scenery, recreation, fish and wildlife, vegetation and historical and cultural resources, there is hereby established the Grand Island National Recreation Area (hereafter in this Act referred to as the “national recreation area”). These resources and values include, but are not limited to, cliffs, caves, beaches, forested appearance, natural biological diversity, and features of early settlement.
SEC. 2. BOUNDARIES.

16 USC 460aaa–1.

 The national recreation area shall comprise all of the Grand Island in Lake Superior, Michigan, and all associated rocks, pinnacles, and islands and islets within one-quarter mile of the shore of Grand Island. The boundaries of the Hiawatha National Forest are

National Forest System.

 hereby extended to include all of the lands within the national recreation area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–9). All federally owned lands within the national recreation area on the date of enactment of this Act are hereby components of the National Forest System and shall be administered by the Secretary of Agriculture as provided in this Act.
SEC. 3. ADMINISTRATION.

16 USC 460aaa–2.

 (a) Administration.— Subject to valid existing rights, the Secretary of Agriculture (hereafter in this Act referred to as the “Secretary”) shall administer the national recreation area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the national recreation area was established. (b) Special Management Requirements.— The national recreation area also shall be administered according to the following special management requirements: (1) Subject to such terms and conditions as may be prescribed by the Secretary, including the protection of threatened and endangered species and the protection of other natural, cultural, and scenic values, owners of privately owned land and homes within the national recreation area shall be afforded access across National Forest System lands. 104 STAT. 186 (2) Consistent with section 7 of this Act, and the purposes of this Act, the Secretary shall provide for and maintain traditional public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, fishing, and trapping. (3) The Secretary shall permit the use of snowmobiles on Federal lands in the national recreation area in accordance with the rules and regulations of the National Forest System and consistent with the management plan developed pursuant to section 7 of this Act. Such use shall be regulated to protect the resources of the national recreation area in a way that minimizes the degradation of these resources. (4) Timber management shall be utilized only as a tool to enhance public recreation, scenic quality, game and nongame wildlife species, and the protection and enhancement of threatened, endangered, or sensitive species. Trees damaged or downed due to fire, insects, disease, or blowdown may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary to further the purposes of the national recreation area. (5) The Secretary shall, after acquiring fee title to at least 10,000 acres of land on Grand Island, provide reasonable water transportation from the mainland to Grand Island. Transportation may be provided through concession, permit, or other means, and a reasonable charge may be imposed. Transportation shall be subject to reasonable regulation by the Secretary and shall not be required when the Secretary deems it to be unsafe because of factors such as weather and water conditions. (6) The Secretary shall provide through concession, permit, or other means docking and lodge facilities consistent with the management plan developed pursuant to section 7 of this Act. (7) The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the national recreation area in the event of fire or infestation of insects or disease. (8) Under the authority of the Act of March 4, 1915, as amended (16 U.S.C. 497), the Secretary shall, as a condition of acquisition, issue occupancy and use permits for any privately owned home as of the date of Federal acquisition of the land within the national recreation area on which the home is located. Any such permit shall be issued for an initial period of 20 years and shall be renewed thereafter for successive 20-year periods so long as the permittee is in compliance with the purposes of this Act, the terms of the permit, and other applicable rules and regulations. Any such permit shall be issued in accordance with the laws, rules, and regulations of the Secretary pertaining to the National Forest System, except that such permit shall be subject to the following special provisions: (A) Such permit may only be issued to the owner of such home as of the date of Federal acquisition of the property, such owner’s spouse, the children, stepchildren, and grandchildren of such owner and spouse, and their direct lineal descendants (natural or adopted offspring). (B) Only noncommercial recreation occupancy may be permitted. (C) The Secretary shall collect fees on an annual basis based on the fair market value of the occupancy permitted. 104 STAT. 187 (D) The expansion, remodeling, or reconstruction of such homes shall be subject to approval of and regulation by the Secretary. No expansion, remodeling, or reconstruction may increase the height of structure or result in an increase of more than 25 percent of the sum of the exterior dimensions of a structure as it existed on the date of enactment of this Act. Any expansion, remodeling, or reconstruction shall be consistent with the criteria developed pursuant to section 7(b)(4) of this Act and shall be subject to such other terms and conditions as the Secretary may prescribe. (E) Any such home may be purchased at the fair market value of the structure and improvements by the Secretary on a willing seller basis. (F) The permit may be terminated at any time for failure to comply with its terms and conditions and applicable regulations without cost to the Federal Government in accordance with the permit. (G) After termination of any such permit, if any improvements or property are not removed by their owner within one year of the termination, they shall become the property of the Federal Government. (9) Solely for purposes of payments pursuant to section 6904 of title 31, United States Code, lands on Grand Island acquired by the United States after January 1, 1990 shall be considered to have been acquired for addition to a National Forest Wilderness Area (national forest portion of the National Wilderness Preservation System).
SEC. 4. ACQUISITION.

Gifts and property.

16 USC 460aaa–3.

 (a) General Authority.— Subject to the provisions of subsection 3(b)(8) and subsection (b) of this section, the Secretary is authorized and directed to acquire by purchase, gift, exchange, or otherwise, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the national recreation area to further the purposes of this Act: Provided, That the Secretary may not acquire any privately owned lands within the national recreation area other than with the consent of the owner so long as the owner agrees to the restrictions contained in subsection (b)(1) of this section and grants the Secretary a right of first refusal as provided in subsection (b)(2) of this section. The Secretary also is authorized and directed to acquire lands or structures by such means on the mainland to the extent necessary for access to and administrative facilities for the national recreation area. In acquiring lands or structures under this subsection, the Secretary is directed to give prompt and careful consideration to any offer to sell land or structures made by an individual, organization, or any legal entity owning property within the boundaries of the national recreation area. (b) Private Lands.— (1) An owner of unimproved real property within the national recreation area may construct recreational residences that are architecturally compatible with other structures within the national recreation area, as described by the management plan developed pursuant to section 7 of this Act. (2) Any privately owned lands, interests in lands, or structures within the national recreation area shall not be disposed of by donation, exchange, sale, or other conveyance without first being 104 STAT. 188offered at no more than fair market value to the Secretary. The Secretary shall be given a period of 120 days to accept an offer and, after such offer is accepted, a period of 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to acquire such lands, interests in lands, or structures. No such lands, interests in lands, or structures shall be sold or conveyed at a price below the price at which they have been offered for sale to the Secretary, and if such lands, interest in lands, or structures are reoffered for sale or conveyance they shall first be reoffered to the Secretary, except that this subsection shall not apply to a change in ownership of a property within the immediate family of the owner of record on January 1, 1989. For the purposes of this subsection, the term “immediate family” means, with respect to any such owner of record, the spouse, siblings, children (whether natural or adopted), stepchildren, and lineal descendants of that owner.
SEC. 5.

16 USC 460aaa–4.

 FISH AND GAME. (a) In General.— Nothing in this Act shall be construed as affecting the responsibilities of the State of Michigan with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping in any lands acquired and managed by the Secretary under this Act, except that the Secretary may, in consultation with the State of Michigan, designate zones where, and establish periods when, no hunting, fishing or trapping shall be permitted for reasons of public safety, administration, the protection of nongame species and their habitats, or public use and enjoyment. (b) Notice of Secretarial Action.— As soon as practicable after each case in which the Secretary exercises authority under subsection (a), the Secretary, in consultation with appropriate officials of the State of Michigan, shall take steps to notify area residents as to the nature of actions taken, and the location of zones designated and periods established, under subsection (a). (c) Consultation.— Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect after consultation with the fish and wildlife agency of the State of Michigan.
SEC. 6.

16 USC 460aaa–5.

 MINERALS. Subject to valid existing rights, the lands within the national recreation area are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the national recreation area, except that common varieties of mineral materials, such as stone, and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the national recreation area.
SEC. 7.

16 USC 460aaa–6.

 MANAGEMENT PLAN. (a) Development.—After the Secretary acquires fee title to at least 10,000 acres of land on Grand Island, the Secretary, within 30 months, shall develop with public involvement a comprehensive management plan for the national recreation area which implements the provisions of this Act. 104 STAT. 189 (b) Special Issues To Be Included.— The comprehensive management plan shall include, but not be limited to, the following issues: (1) Public recreation, including consideration of a range of appropriate recreational opportunities consistent with the rustic, natural, and historic character of the island, including, but not limited to, a system of trails and campsites in conjunction with the lodge referred to in paragraph (2) of this section. (2) The feasibility of a concessionaire constructed, operated, and maintained rustic lodge and educational facility on no more than 55 acres located so as not to impair or alter existing scenic views or the existing tree line and forested appearance of Grand Island from any point within the boundaries of Pictured Rocks National Lakeshore. The plan shall address the economics of constructing, operating, and maintaining such a facility by a concessionaire or other entity; access by roads and waters; utilities; waste water treatment, garbage disposal, and other associated environmental impacts; management operations including construction, operation and maintenance; and the potential for permitted uses by government agencies, profit and nonprofit organizations, or individuals. (3) Prescriptions concerning any management and harvest of timber, subject to section 3(b)(4) of this Act. (4) General design criteria for new facilities or the improvement of existing facilities that are compatible with the rustic, natural, and historic character of the island and their topographic and geological location, and that do not impair scenic views from the Pictured Rocks National Lakeshore. (5) Water transportation from the mainland to the national recreation area by a concessionaire or other entity. (6) The feasibility of concessionaire constructed, operated, and maintained docking facilities in the national recreation area and on the mainland. (7) An inventory and assessment of existing traditional roads, the level of road use, access needs, and any vehicular regulation and management needed to protect the resources of the national recreation area while, at the same time, providing reasonable access to private property. (c) Consultation.— In preparing the comprehensive management plan, the Secretary shall consult with the appropriate State and local government officials, provide for full public participation, and consider the views of all interested parties, organizations, and individuals.
SEC. 8. GRAND ISLAND ADVISORY COMMISSION.

16 USC 460aaa–7.

 (a) Establishment.— Subject to appointments as provided in subsection (b), there is established a Grand Island Advisory Commission (hereafter in this Act referred to as the “Commission”) comprised of 12 members for the purpose of advising the Secretary on the preparation of the management plan which is provided for in section 7 of this Act. (b) Appointment.— (1) Commission members shall be appointed by the Secretary as follows: (A) Three non-voting members, who shall be employees of the Forest Service including the Forest Supervisor of the Hiawatha National Forest. (B) One member who shall be a resident of Munising, Michigan, who is not a Forest Service employee. 104 STAT. 190 (C) Two members who shall be recreational users of Grand Island who are not Forest Service employees. (D) One member from nominations made by the Alger County Board of Commissioners who is a member of such board. (E) One member from nominations made by the Alger County Economic Development Corporation who is a member of such corporation. (F) One member from nominations made by the Grand Island Association who is a member of such association. (G) One member from nominations made by the private land-owners of Grand Island who is a private landowner on Grand Island. (H) One member from nominations made by the Grand Island Township Board who is a member of such board. (I) The Munising city manager, upon accepting the invitation of the Secretary. (2) Any vacancy shall be filled in the same manner as the original appointment. (c) Quorum.— A quorum shall be six members. The operations of the Commission shall not be impaired by the fact that a member has not been appointed as long as a quorum has been attained. (d) Procedures.— The Commission shall elect a Chairman and establish such rules and procedures as it deems necessary or desirable. (e) Consultation.— The Secretary shall consult with the Commission on a periodic and regular basis with respect to the management plan. (f) Pay.— (1) Members of the Commission who are not full-time officers or employees of the United States shall serve without pay. (2) Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay by reason of their service on the Commission. (g) Proposals for Non-Federal Development on Federal Land.— The Commission shall recommend proposals for non-Federal development on the 55 acres described in section 7(b)(2) of this Act. It shall submit any such proposals to the Secretary for approval, rejection, or revision. The Secretary shall include in the management plan a development proposal submitted by the Commission or arrived at by any other means available to the Secretary. (h) Termination.— The Commission shall cease to exist on the date upon which the management plan is adopted.
SEC. 9.

16 USC 460aaa–8.

 AUTHORIZATION OF APPROPRIATIONS. (a) Acquisition of Lands.— There are hereby authorized to be appropriated an amount not to exceed $5,000,000 for the acquisition of land, interests in land, or structures within the national recreation area and on the mainland as needed for access and administrative facilities. 104 STAT. 191 (b) Other Purposes.— In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated not more than $5,000,000 for development to carry out the other purposes of this Act.
Approved May 17, 1990.
LEGISLATIVE HISTORY—H.R. 1472: HOUSE REPORTS: No. 101–78, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Agriculture). SENATE REPORTS: No. 101–248 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): July 31, considered and passed House.

Vol. 136 (1990): Mar. 20, considered and passed Senate, amended.

May 1, House concurred in Senate amendments.

 Public Law 101–293: To amend Public Law 101–86 to eliminate the 6-month limitation on the period for which civilian and military retirees may serve as temporary employees, in connection with the 1990 decennial census of population, without being subject to certain offsets from pay or other benefits. Public Law 293 Public Law 101–293 104 Stat. 192 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 192 Public Law 101–293 101st Congress
An Act To amend Public Law 101–86 to eliminate the 6-month limitation on the period for which civilian and military retirees may serve as temporary employees, in connection with the 1990 decennial census of population, without being subject to certain offsets from pay or other benefits.

May 17, 1990

[H.R. 4637]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ELIMINATION OF LIMITATION. (a) In General.— Public Law 101–86 (13 U.S.C. 23 note) is amended by striking section 4. (b) Technical and Conforming Amendments.— (1)

13 USC 23 note.

 Sections 2(b) and 3(b) of Public Law 101–86 are each amended— (A) by striking paragraph (2); (B) in paragraph (1) by striking “(1)”, and by striking “; and” and inserting a period; and (C) by striking “section—” and inserting “section” and running in thereafter the text of paragraph (1) (as amended by subparagraph (B)). (2)

13 USC 23 note.

 Public Law 101–86 is amended by redesignating section 5 as section 4.
SEC. 2.

13 USC 23 note.

 PRIOR SERVICE IN EXCESS OF 6 MONTHS NOT AFFECTED. Nothing in this Act shall be considered to make an exemption under section 2 or 3 of Public Law 101–86 applicable to any service performed before the date of enactment of this Act which was in excess of that allowable under section 4 of Public Law 101–86 (as then in effect).
Approved May 17, 1990.
LEGISLATIVE HISTORY—H.R. 4637: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 1, considered and passed House.

May 7, considered and passed Senate.

 Public Law 101–294: Designating May 1990 as “National Digestive Disease Awareness Month”. Public Law 294 Public Law 101–294 104 Stat. 193 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 193 Public Law 101–294 101st Congress
Joint Resolution Designating May 1990 as “National Digestive Disease Awareness Month”.

May 17, 1990

[H.J. Res. 453]

 Whereas digestive diseases rank third among illnesses in total economic cost in the United States; Whereas digestive diseases represent one of the Nation’s most serious health problems in terms of discomfort and pain, personal expenditures for treatment, working hours lost, and mortality; Whereas twenty million Americans suffer from chronic digestive diseases; Whereas more than fourteen million cases of acute digestive diseases are treated in this country each year, including one-third of all malignancies and some of the most common acute infections; Whereas more Americans are hospitalized with digestive diseases than any other type of disease; Whereas digestive diseases necessitate 25 per centum of all surgical operations; Whereas digestive diseases are one of the most prevalent causes of disability in the work force; Whereas, in the United States, digestive diseases cause yearly expenditures of over $17,000,000,000 in direct health care costs and a total annual economic burden of nearly $50,000,000,000; Whereas more than one hundred different digestive diseases, and other disorders of the gastrointestinal tract, each cause more than two hundred thousand deaths each year; Whereas there has been interest on the part of the research community in the causes, cures, prevention, and clinical treatment of digestive diseases and related nutritional problems; Whereas the people of the United States should recognize prevention and treatment of digestive diseases as a major health priority; Whereas national organizations, such as the Digestive Disease National Coalition, are committed to increasing awareness and understanding of digestive diseases in the health care community and among members of the general public; Whereas the National Institutes of Health, through the National Digestive Disease Information Clearinghouse and the National Digestive Diseases Advisory Board, is committed to encouraging and coordinating such educational efforts; Whereas the National Digestive Disease Education Program is a coordinated effort to educate the public and the health care community on the seriousness of digestive diseases and to provide information relative to the treatment, prevention, and control of digestive diseases; and Whereas May 1990 marks the eighth anniversary of the National Digestive Disease Education Program: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That May 1990 is designated as “National Digestive Disease Awareness Month”, and the President is authorized and requested to issue a proclamation call-104 STAT. 194ing upon all government agencies and the people of the United States to observe such month with appropriate programs, ceremonies, and activities.
Approved May 17, 1990.
LEGISLATIVE HISTORY—H.J. Res. 453 (S.J. Res. 254): CONGRESSIONAL RECORD, Vol. 136 (1990):

May 8, considered and passed House.

May 9, considered and passed Senate.

 Public Law 101–295: Commemorating May 18, 1990, as the 25th anniversary of Head Start. Public Law 295 Public Law 101–295 104 Stat. 195 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 195 Public Law 101–295 101st Congress
Joint Resolution Commemorating May 18, 1990, as the 25th anniversary of Head Start.

May 17, 1990

[H.J. Res. 490]

 Whereas on May 18, 1965, President Lyndon B. Johnson announced the launching of the Head Start program; Whereas Head Start has provided comprehensive services, including health, education, and social services, and parent involvement opportunities to more than 11,000,000 children and their families since 1965; Whereas Head Start has helped to ensure that children are prepared to succeed in school and become productive adults; Whereas Head Start has been a pioneer in developing successful approaches for meeting the needs of young children and strengthening early childhood development programs; Whereas Head Start has been a model for involving handicapped children and now more than 13 percent of Head Start participants are handicapped children; Whereas Head Start now serves more than 450,000 children in every State, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and the Pacific Territories, and in Native American and migrant programs throughout the country; Whereas Head Start provides children with a learning environment and varied experiences that help them develop socially, intellectually, physically, and emotionally in a manner appropriate to their age and stage of development; Whereas Head Start maximizes the strengths and unique experiences of each child; Whereas Head Start guarantees that children receive medical and dental screening and follow-up treatment, including necessary immunizations; Whereas Head Start helps children become physically capable of learning by providing adequate meals and snacks to help meet their daily nutritional needs; Whereas Head Start directly includes parents in decision-making for the program’s planning and operation; Whereas for every five children enrolled, more than four Head Start parents are providing a volunteer service; Whereas more than 30 percent of Head Start staff members are parents of current or former Head Start children; Whereas members of the Head Start staff have shown a high degree of dedication to children and families across the country; Whereas Head Start has been widely recognized by the business community, policymakers, and child development experts as an important investment in the future of our country, one that should be made for all eligible children; and Whereas the Congress supports Head Start’s goal of ensuring the availability of comprehensive services to all eligible children: Now, therefore, be it 104 STAT. 196 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That May 18, 1990, is hereby commemorated as the 25th anniversary of Head Start, and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities.
Approved May 17, 1990.
LEGISLATIVE HISTORY—H.J. Res. 490 (S.J. Res. 265): CONGRESSIONAL RECORD, Vol. 136 (1990):

May 1, considered and passed House.

May 4, considered and passed Senate.

 Public Law 101–296: To award a congressional gold medal to Laurance Spelman Rockefeller. Public Law 296 Public Law 101–296 104 Stat. 197 1990-05-17 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 2025-06-19 101 2 public 104 STAT. 197 Public Law 101–296 101st Congress
An Act To award a congressional gold medal to Laurance Spelman Rockefeller.

May 17, 1990

[S. 1853]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL FINDINGS.

31 USC 5111 note.

 The Congress finds that— (1) Laurance Spelman Rockefeller followed in the tradition of his father, John D. Rockefeller, Jr., by enlarging and enhancing the National Park System of the United States, including the donation of five thousand acres on the Island of St. John for the Virgin Islands National Park; (2) Laurance Spelman Rockefeller was appointed by President Dwight D. Eisenhower as chairman of the Outdoor Recreation Resources Review Commission, and his work led to the establishment of the Bureau of Outdoor Recreation, the Land and Water Conservation Fund, the Wilderness Act, the National System of Scenic Rivers, and other landmark conservation programs; (3) Laurance Spelman Rockefeller was appointed by President Lyndon B. Johnson as Chairman of the 1965 White House Conference on Natural Beauty, and his recommendations brought the concept of natural beauty to urban areas, led to the Highway Beautification Act, and increased State and local awareness of environmental issues; (4) Laurance Spelman Rockefeller collaborated with Lady Bird Johnson in her quest to beautify the United States and the Capital, and assisted her in the creation of the Lyndon Baines Johnson Memorial Grove in Washington, District of Columbia; (5) Laurance Spelman Rockefeller served President Richard M. Nixon and President Gerald R. Ford as chairman of Presidential advisory committees on environmental quality, and served on other Federal advisory groups, including the Public Land Law Review Commission and the National Park Foundation; (6) Laurance Spelman Rockefeller served as a member of the New York State Council of Parks for thirty years and, as its chairman, expanded and modernized the State park system through an innovative bond program which was replicated across the Nation; (7) Laurance Spelman Rockefeller served as a principal advisor on environmental matters to his brother, Governor Nelson A. Rockefeller of New York, and helped to develop the Adirondack Park Agency, the Hudson River Valley Commission, the first State water pollution bond issue, and the first comprehensive State environmental and conservation agency; 104 STAT. 198 (8) Laurance Spelman Rockefeller served as a member and President of the Palisades Interstate Park Commission for forty years and made major donations to expand the Palisades Interstate Park System; (9) Laurance Spelman Rockefeller contributed to the environmental quality of New York City through his efforts on behalf of the New York Zoological Society and the Bronx Zoo, the New York Aquarium, Central Park, and other parks in the city; (10) Laurance Spelman Rockefeller, as a part-time resident of Woodstock, Vermont, has contributed to the environmental aesthetics of that community through promotion of the placement of power lines underground, the initiation of watershed planning, and the preservation and display of historic properties and objects; (11) Laurance Spelman Rockefeller has been the long-time guiding force in three significant private conservation organizations: Jackson Hole Preserve, Incorporated, which has preserved park land in the Grand Tetons of Wyoming, the Virgin Islands, and the Hudson Valley; the American Conservation Association, which has provided support and encouragement for innovative government and private conservation programs; and Historic Hudson Valley, Incorporated, which has preserved outstanding historic properties of the Hudson Valley for public use; (12) Laurance Spelman Rockefeller has played an important role in creating or leading other private conservation organizations, including Resources for the Future, the National Recreation and Park Association, and the Conservation Foundation; and (13) Laurance Spelman Rockefeller, in addition to his extraordinary contributions to the environment in the United States, is one of the leaders in the fight against cancer with more than forty years of dedicated work and benefactions to the Memorial Sloan-Kettering Cancer Center.
SEC. 2.

31 USC 5111 note.

 CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.—The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. (b) Design and Striking.— For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Authorization of Appropriation.— There is authorized to be appropriated not to exceed $25,000 to carry out this section.
SEC. 3.

31 USC 5111 note.

 DUPLICATE MEDALS. (a) Striking and Sale.— The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses and the cost of the gold medal. 104 STAT. 199 (b) Reimbursement of Appropriation.— The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a).
SEC. 4. NATIONAL MEDALS.

31 USC 5111 note.

 The medals struck pursuant to this Act shall be considered national medals for purposes of chapter 51 of title 31, United States Code.
Approved May 17, 1990.
LEGISLATIVE HISTORY—S. 1853: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 26, considered and passed Senate.

May 1, considered and passed House.

 Public Law 101–297: To designate the Federal Building and United States Courthouse located at 750 Missouri Avenue in East St. Louis, Illinois, as the “Melvin Price Federal Building and United States Courthouse”. Public Law 297 Public Law 101–297 104 Stat. 200 1990-05-22 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 2025-06-19 101 2 public 104 STAT. 200 Public Law 101–297 101st Congress
An Act To designate the Federal Building and United States Courthouse located at 750 Missouri Avenue in East St. Louis, Illinois, as the “Melvin Price Federal Building and United States Courthouse”.

May 22, 1990

[H.R. 2890]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION. The Federal Building and the United States Courthouse located at 750 Missouri Avenue in East St. Louis, Illinois, shall be known and designated as the “Melvin Price Federal Building and United States Courthouse”.
SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and courthouse referred to in section 1 shall be deemed to be a reference to the “Melvin Price Federal Building and United States Courthouse”.
Approved May 22, 1990.
LEGISLATIVE HISTORY—H.R. 2890: HOUSE REPORTS No. 101–326 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 7, considered and passed House.

Vol. 136 (1990): May 9, considered and passed Senate.

 Public Law 101–298: To implement the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes. Public Law 298 Public Law 101–298 104 Stat. 201 1990-05-22 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 2025-06-19 101public 104 STAT. 201 Public Law 101–298 101st Congress
An Act To implement the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes.

May 22, 1990

[S. 993]

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

Biological

Weapons Anti-Terrorism Act of 1989.

International agreements.

18 USC 175 note.

18 USC 175 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Biological Weapons Anti-Terrorism Act of 1989”.
SEC. 2. PURPOSE AND INTENT. (a) Purpose.— The purpose of this Act is to— (1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and (2) protect the United States against the threat of biological terrorism. (b) Intent of Act.— Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.
SEC. 3. TITLE 18 AMENDMENTS. (a) In General.— Title 18, United States Code, is amended by inserting after chapter 9 the following: “CHAPTER 10— “Sec. “175. “176. “177. “178.
“§ 175. Prohibitions with respect to biological weapons “(a) In General.—Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. “(b) Definition.—For purposes of this section, the term ‘for use as a weapon’ does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes.
104 STAT. 202
“§ 176. Seizure, forfeiture, and destruction “(a) In General.— (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that— “(A) exists by reason of conduct prohibited under section 175 of this title; or “(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. “(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant. “(b) Procedure.—Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section. “(c) Affirmative Defense.—It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that— “(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and “(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose.
“§ 177. Injunctions “(a) In General.—The United States may obtain in a civil action an injunction against— “(1) the conduct prohibited under section 175 of this title; “(2) the preparation, solicitation, attempt, or conspiracy to engage in conduct prohibited under section 175 of this title; or “(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. “(b) Affirmative Defense.— It is an affirmative defense against an injunction under subsection (a)(3) of this section that— “(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and “(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.
“§ 178. Definitions “As used in this chapter— “(1) the term ‘biological agent’ means any micro-organism, virus, or infectious substance, capable of causing— 104 STAT. 203 “(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; “(B) deterioration of food, water, equipment, supplies, or material of any kind; or “(C) deleterious alteration of the environment; “(2) the term ‘toxin’ means, whatever its origin or method of production— “(A) any poisonous substance produced by a living organism; or “(B) any poisonous isomer, homolog, or derivative of such a substance; “(3) the term ‘delivery system’ means— “(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or “(B) any vector; and “(4) the term ‘vector’ means a living organism capable of carrying a biological agent or toxin to a host.”.
(b) Wire Interception.— Section 2516(c) of title 18, United States Code, is amended by adding “section 175 (relating to biological weapons),”after “section 33 (relating to destruction of motor vehicles or motor vehicle facilities),”. (c) Clerical Amendment.—The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 9 the following new item: “10. 175.”.
Approved May 22, 1990.
LEGISLATIVE HISTORY—S. 993 (H.R. 237): HOUSE REPORTS: No. 101–476 accompanying H.R. 237 (Comm. on the Judiciary). SENATE REPORTS: No. 101–210 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed Senate.

Vol. 136 (1990): May 8, H.R. 237 considered and passed House; proceedings vacated and S. 993 passed in lieu.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 26 (1990):

May 22, Presidential statement.

 Public Law 101–299: Designating May 13, 1990, as the “National Day in Support of Freedom and Human Rights in China and Tibet”. Public Law 299 Public Law 101–299 104 Stat. 204 1990-05-23 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 2025-06-19 101public 104 STAT. 204 Public Law 101–299 101st Congress
Joint Resolution Designating May 13, 1990, as the “National Day in Support of Freedom and Human Rights in China and Tibet”.

May 23, 1990

[S.J. Res. 275]

 Whereas the United States supports the legitimate and democratic aspirations for freedom of peoples throughout the world; Whereas student and citizen groups throughout the world have taken great risks in pursuit of reform; Whereas on May 13,1989, Chinese students began a hunger strike in Tiananmen Square seeking nonviolent dialogue with the Chinese Government; Whereas the Chinese Government responded to the Chinese students with violence, killing many; Whereas the non-violent resistance of the people of Tibet to the Chinese Government has also been met with violence; Whereas the Chinese students and the Tibetan people follow the tradition of the Dalai Lama’s and Mahatma Gandhi’s doctrine of non-violence, and have inspired the world; Whereas student organizations throughout the United States and around the world have declared May 13, 1990, as an international day of fasting in support of democratic reforms in China and Tibet; and Whereas this effort is being undertaken in the hope of bringing the current tragedies in China and Tibet to a peaceful end, and in the hope that productive dialogue will replace an atmosphere of suspicion and reprisal: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is authorized and requested to issue a proclamation designating May 13, 1990, as the “National Day in Support of Freedom and Human Rights in China and Tibet”, and calling on the people of the United States to observe such a day with appropriate ceremonies and activities.
Approved May 23, 1990.
LEGISLATIVE HISTORY—S.J. Res. 275: CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 5, considered and passed Senate.

Apr. 5, considered and passed Senate.

 Public Law 101–300: To provide financial assistance to the Simon Wiesenthal Center in Los Angeles, California, for the education programs of the Museum of Tolerance. Public Law 300 Public Law 101–300 104 Stat. 205 1990-05-24 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 2025-06-19 101public 104 STAT. 205 Public Law 101–300 101st Congress
An Act To provide financial assistance to the Simon Wiesenthal Center in Los Angeles, California, for the education programs of the Museum of Tolerance.

May 24, 1990

[S. 2300]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. GENERAL AUTHORITY.The Secretary of Education is authorized, subject to the availability of appropriations, to pay to the Museum of Tolerance of the Simon Wiesenthal Center, located in Los Angeles, California, the Federal share of the cost of designing and operating education programs concerning the holocaust.
SEC. 2. APPLICATION REQUIRED.No financial assistance may be provided under this Act unless an application is submitted to the Secretary of Education at such time, in such manner, and containing or accompanied by such information as the Secretary of Education may reasonably require. Each such application shall describe the type and kind of educational materials to be developed and the steps that will be taken to ensure that age appropriate products are available to school districts and institutions of higher education across the country.
SEC. 3. FEDERAL SHARE.The Federal share of the cost of designing and conducting education programs under this Act shall be 50 percent. The portion of costs not paid by financial assistance provided pursuant to this Act must be paid from sources other than Federal, State, or local government.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated $5,000,000, to carry out the provisions of this Act. Funds appropriated pursuant to this Act shall remain available until expended.
Approved May 24, 1990.
LEGISLATIVE HISTORY—S. 2300: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 1, considered and passed Senate.

May 10, considered and passed House.

 Public Law 101–301: To make miscellaneous amendments to Indian laws, and for other purposes. Public Law 301 Public Law 101–301 104 Stat. 206 1990-05-24 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 2025-06-19 101public 104 STAT. 206 Public Law 101–301 101st Congress
An Act To make miscellaneous amendments to Indian laws, and for other purposes.

May 24, 1990

[S. 1846]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. (a) Public Law 100–581 is amended— (1) by striking out “shall take effect upon enactment of this

102 Stat. 2939.

Act” in section 203 and inserting in lieu thereof “shall take effect upon enactment of this Act if the plan has not taken effect before the enactment of this Act”; (2) by striking out “section 201” in subsections (a) and (c) of

25 USC 450m–1.

section 212 and inserting in lieu thereof “section 206”; (3)

25 USC 608.

 by striking out section 213; (4)

102 Stat. 2946.

 by striking out “section 3” in section 702(a) and inserting in lieu thereof “section 703”; (5) by striking out “section 602” in the last sentence of

102 Stat. 2948.

paragraph (1) of section 703(b) and inserting in lieu thereof “section 702”; and (6) by striking out “section 602” in section 703(c) and inserting in lieu thereof “section 702”. (b) Subsection (c) of the first section of the Act of July 28, 1955 (69 Stat. 392; 25 U.S.C. 608(c)) is amended to read as follows: “(c)

Real property.

 Lands and interests in lands acquired by the Secretary pursuant to subsection (a)(1) and for the benefit of the Yakima Indian Nation pursuant to section 5 of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) shall be held in trust by the United States for the benefit of the Yakima Indian Nation.”.
Sec. 2. (a) The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450, et seq.) is amended— (1) by inserting a comma after “688)” in section 4(e) (25 U.S.C. 450b(e)), (2) by striking out “the appropriate the Secretary” in section 4(j) and inserting in lieu thereof “the appropriate Secretary”, (3) by striking out “pursuant to this Act” each place it appears in section 4(j) and inserting in lieu thereof “under title I of this Act”, (4) by striking out “the Single Audit Act of 1984 (98 Stat. 2327, 31 U.S.C. 7501 et seq.),” in section 5(a)(2) (25 U.S.C. 450c(a)(2)) and inserting in lieu thereof “chapter 75 of title 31, United States Code”, (5) by striking out “the Federal Grant and Cooperative Agreement Act of 1977 (Public Law 95–224; 92 Stat. 3)” in section 9 (25 U.S.C. 450e–1) and inserting in lieu thereof “chapter 63 of title 31, United States Code”, (6) by striking out “an Indian appointed” in section 104(m) (25 U.S.C. 450i(m)) and inserting in lieu thereof “an Indian (as defined in section 19 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 479)) appointed (except temporary appointments)”, 104 STAT. 207 (7) by striking out “sub-contracts in such cases where the tribal contractor has sub-contracted the activity”; in section 105(a) (25 U.S.C. 450j(a)) and inserting in lieu thereof “sub-contracts of such a construction contract”, (8) by striking out “the Single Agency Audit Act of 1984 (chapter 75 of title 31, United States Code)” in section 106(f) (25 U.S.C. 450j–1(f)) and inserting in lieu thereof “chapter 75 of title 31, United States Code”, (9) by striking out “agency personnel” in section 106(i) (25 U.S.C. 450j–1(i)) and inserting in lieu thereof “agency personnel (area personnel in the Navajo Area and in the case of Indian tribes not served by an agency)”, and (10) by striking out “providing notice and hearing” in section 109 (25 U.S.C. 450m) and inserting in lieu thereof “providing notice and a hearing”. (b) Subsection (b) of section 110 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450m–1(b)) is amended to read as follows: “(b) The Secretary shall not revise or amend a self-determination contract with a tribal organization without the tribal organization’s consent.”. (c) Subparagraph (C) of section 3371(2) of title 5, United States Code, is amended by striking out “section 4(m)” and inserting in lieu thereof “section 4”.
Sec. 3. (a) Notwithstanding section 18 of the Act of June 18, 1934

25 USC 478–1.

 (48 Stat. 988; 25 U.S.C. 478), sections 2 and 17 of that Act (25 U.S.C. 462 and 477) shall apply to— (1) all Indian tribes, (2) all lands held in trust by the United States for Indians,

Real property.

 and (3) all lands owned by Indians that are subject to a restriction imposed by the United States on alienation of the rights of the Indians in the lands. (b) The proviso of section 13 of the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 473) is amended by striking out “sections 2, 4,” and inserting in lieu thereof “Ssections 4,”. (c) Section 17 of the Act of June 18, 1934 (25 U.S.C. 477), is amended— (1) by striking out “by at least one-third of the adult Indians,” and inserting in lieu thereof “by any tribe,”; (2) by striking out “at a special election by a majority vote of the adult Indians living on the reservation” and inserting in lieu thereof “by the governing body of such tribe”; (3) by striking out “ten years any of the land” and inserting in lieu thereof “twenty-five years any trust or restricted lands”.
Sec. 4. Subsection (c) of section 1 of Public Law 100–425 is

25 USC 713f note.

 amended by striking out “NE¼ E½, NW¼” each place it appears and inserting in lieu thereof “NE¼, E½, NW¼”.
Sec. 5. (a) Paragraph (5) of section 1139 of the Education Amendments of 1978 (25 U.S.C. 2019) is amended by striking out “104(a)” and inserting in lieu thereof “103(a)”. (b) Subsection (a) of section 5209 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508) is amended by striking out “105” and inserting in lieu thereof “104”. (c) Subparagraph (C) of section 5314(e)(1) of the Indian Education Act of 1988 (25 U.S.C. 2604(e)(1)(C)) is amended to read as follows: 104 STAT. 208 “(C)

State and local governments.

Children and youth.

No local educational agency may be held liable to the United States, or be otherwise penalized, by reason of the findings of any audit that relate to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, a child’s eligibility for entitlement under the Indian Elementary and Secondary School Assistance Act.”. (d) (1) Subsection (c) of section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008(c)) is amended— (A) by striking out “0.133 percent” in paragraph (3)(A) and inserting in lieu thereof “0.2 percent”, (B) by striking out “$4,000” in paragraph (3)(C)(i) and inserting in lieu thereof “$5,000”, (C) by striking out clause (ii) of paragraph (3)(C) and inserting in lieu thereof the following: “(ii) the lesser of— “(I) $15,000, or “(II) 1 percent of such allotted funds,”. (D) by striking out paragraph (2), and (E) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (2) Section 5324(c)(4)(B) of the Indian Education Act of 1988 (25 U.S.C. 2624(c)(4)(B)) is amended by striking out “section 1128(c)(4)(A)(i)” and inserting in lieu thereof “section 1128(c)(3)(A)(i)”. (e) (1)

25 USC 2001 note.

Subsection (b) of section 5504 of Public Law 100–297 (25 U.S.C. 2001, note) is amended— (A) by inserting “the Executive Director of the National Advisory Council on Indian Education and of” after “which shall consist of” in paragraph (1), (B) by inserting “(but not the Executive Director of the National Advisory Council on Indian Education)” after “Task Force” in paragraph (3), and (C) by adding at the end thereof the following new paragraph: “(7) Sums appropriated under the authority of section 5508 shall not be used to pay the salaries of employees of the Department of the Interior or the Department of Education who are assigned as staff to the Task Force; but the salaries of such employees shall be paid out of funds appropriated to the employing Department under the authority of other provisions of law.”. (2)

25 USC 2001 note.

 Subsection (a) of section 5506 of Public Law 100–297 is amended— (A) by striking out “and” at the end of paragraph (5), (B) by striking out the period at the end of paragraph (6) and inserting in lieu thereof and”, and (C) by adding at the end thereof the following new paragraph: “(7) the chairman of the National Advisory Council on Indian Education.”. (3)

25 USC 2001 note.

 Section 5508 of Public Law 100–297 is amended by striking out “1988, 1989, and 1990” and inserting in lieu thereof “1990, 1991, and 1992”. (f) Subsection (d) of section 1128A of the Education Amendments of 1978 (25 U.S.C. 2008a(d)) is amended by adding at the end thereof the following new paragraph: “(4) In applying this section and section 106 of the Indian Self-Determination and Education Assistance Act with respect to an Indian tribe or tribal organization that— 104 STAT. 209 “(A) receives funds under this section for administrative costs incurred in operating a contract school or a school operated under the Tribally Controlled Schools Act of 1988, and “(B) operates one or more other programs under a contract or grant provided under the Indian Self-Determination and Education Assistance Act, the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs, and of the indirect costs, that are associated with operating the contract school, a school operated under the Tribally Controlled Schools Act of 1988, and all of such other programs, except that funds appropriated for implementation of this section shall be used only to supply the amount of the grant required to be provided by this section.”. (g) (1) Paragraph (2) of subsection 5205(a) of the Tribally controlled Schools Act of 1988 (25 U.S.C. 2504(a)) is amended to read as follows: “(2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding section 105 of the Indian Self-Determination Act (25 U.S.C. 450j), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to all those referenced under section 1126(d) of the Education Amendments of 1978, or any other law), and”. (2) Subsection (b) of section 5205 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b)) is amended by adding the following new paragraph: “(4) Notwithstanding the provision of paragraph 5204(a)(2) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2503(a)(2)), with respect to funds from facilities improvement and repair, alteration and renovation (major or minor), health and safety, or new construction accounts included in the grant under such paragraph (a)(2), the grantee shall maintain a separate account for such funds and shall, at the end of the period designated for the work covered by the funds received, render a separate accounting of the work done and the funds used to the Secretary. Funds received from these accounts may only be used for the purposes for which they were appropriated and for the work encompassed by the application or submission under which they were received. Where the appropriations measure or the application submission does not stipulate a period for the work covered by the funds so designated, the Secretary and the grantee shall consult and determine such a period prior to the transfer of funds: Provided, That such period may be extended upon mutual agreement. ”.
Sec. 6. Notwithstanding any other provision of law, the term

25 USC 2703 note.

 “class II gaming” includes, for purposes of applying Public Law 100–497 with respect to any Indian tribe located in the State of Wisconsin or the State of Montana, during the 1-year period beginning on the date of enactment of this Act, any gaming described in section 4(7)(B)(ii) of Public Law 100–497 that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated made a request, by no later than November 16, 1988, to the State in which such gaming is operated to negotiate a Tribal-State compact under section 11(d)(3) of Public Law 100–497.
104 STAT. 210
Sec. 7. Section 9 of the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act (25 U.S.C. 1300h–7) is amended— (1) by striking out “Notwithstanding” and inserting in lieu thereof “(a) Notwithstanding”, and (2) by adding at the end thereof the following new subsection: “(b) The Secretary shall accept as voters eligible to vote on any amendments to the constitution of the Keweenaw Bay Indian Community— “(1) all those persons who were deemed eligible by the Keweenaw Bay Indian Community to vote in the most recent election for the Tribal Council, and “(2) any other person certified by the Keweenaw Bay Indian Community Tribal Council as— “(A) a member of the Keweenaw Bay Indian Community, and “(B) eligible to vote in any election for the Tribal Council.”.
Sec. 8. Section 3(1) of the White Earth Reservation Land Settlement Act of 1985 (25 U.S.C. 331, note) is amended— (1) by inserting “(not including laws relating to spousal allowance and maintenance payments)” immediately after “inheritance laws of Minnesota in effect on March 26, 1986”, and (2) by adding at the end of section 7 the following new subsection: “(e) (1) After publication of the second list under subsection (c), the Secretary may, at any time, add allotments or interests to that second list if the Secretary determines that the additional allotment or interest falls within the provisions of section 5(c) or subsection (a) or (b) of section 4. “(2)

Federal Register, publication.

 The Secretary shall publish in the Federal Register notice of any additions made under paragraph (1) to the second list published under subsection (c). “(3) Any determination made by the Secretary to add an allotment or interest under paragraph (1) to the second list published under subsection (c) may be judicially reviewed in accordance with chapter 7 of title 5, United States Code, within 90 days after the date on which notice of such determination is published in the Federal Register under paragraph (2). Any legal action challenging such a determination that is not filed within such 90-day period shall be

Courts, U.S.

Minnesota.

forever barred. Exclusive jurisdiction over any legal action challenging such a determination is vested in the United States District Court for the District of Minnesota.”.
Sec. 9. The Hoopa-Yurok Settlement Act (25 U.S.C. 1300i, et seq.) is amended— (1)

25 USC 1300i–4.

 by adding at the end of paragraph (2) of section (5)(a) the following new sentence: “Children under age 10 on the date they applied for the Settlement Roll who have lived all their lives on the Joint Reservation or the Hoopa Valley or Yurok Reservations, and who otherwise meet the requirements of this section except they lack 10 years of Reservation residence, shall be included on the Settlement Roll.”, (2) by adding at the end of subsection (d) of section 5 the following new paragraph: “(4) For the sole purpose of preparing the Settlement Roll under this section, the Yurok Transition Team and the Hoopa Valley Business Council may review applications, make recommendations which the Secretary shall accept unless conflict-104 STAT. 211ing or erroneous, and may appeal the Secretary’s decisions concerning the Settlement Roll. Full disclosure of relevant

Records.

 records shall be made to the Team and to the Council notwithstanding any other provision of law.”. (3) by striking out “counseling,” in section (9)(a)(3) and inserting

25 USC 1300i–8.

 in lieu thereof “counseling and assistance, shall”, and (4) by adding at the end of subsection (a) of section 14 the

25 USC 1300i–11.

 following new sentence: “The Yurok Transition Team, or any individual thereon, shall not be named as a defendant or otherwise joined in any suit in which a claim is made arising out of this subsection.”.
Sec. 10. The Secretary of the Interior is authorized to retain

25 USC 14b.

 collections from the public in payment for goods and services provided by the Bureau of Indian Affairs. Such collections shall be credited to the appropriation account against which obligations were incurred in providing such goods and services.
Sec. 11. There is authorized to be appropriated to the Secretary of

Appropriation authorization.

 Health and Human Services, Administration for Native Americans, $1,000,000 for the purpose of conducting a feasibility study for the establishment of a National Center for Native American Studies and Policy Development.
Sec. 12. (a) The following proviso in title I of the Act of June 24, 1967 (81 Stat. 59), under the heading “Office of the Solicitor”, is

25 USC 372–1.

 repealed: “Provided, That hereafter hearing officers appointed for Indian probate work need not be appointed pursuant to the Administrative Procedures Act (60 Stat. 237), as amended”. (b) Hearing officers heretofore appointed to preside over Indian

25 USC 372–1 note.

 probate proceedings pursuant to the proviso repealed by subsection (a), having met the qualifications required for appointment pursuant to section 3105 of title 5, United States Code, shall be deemed to have been appointed pursuant to that section. (c) The first sentence of section 1 of the Act of June 25, 1910 (36 Stat. 855; 25 U.S.C. 372), is amended by deleting “his decision thereon shall be final and conclusive” and inserting in lieu thereof “his decisions shall be subject to judicial review to the same extent as determinations rendered under section 2 of this Act”.
Sec. 13. Notwithstanding the Act of March 7, 1928 (45 Stat. 210–211), and the Act of August 7, 1946 (60 Stat. 895–896), the Secretary 104 STAT. 212of the Interior is authorized to allocate not to exceed $2,000,000 from power revenues available to the San Carlos Irrigation Project to pay for the operation and maintenance charges associated with the delivery of 30,000 acre-feet of water from the Central Arizona Project to the San Carlos Irrigation Project.
Approved May 24, 1990.
LEGISLATIVE HISTORY—S. 1846: SENATE REPORTS: No. 101–226 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990):

May 2, considered and passed Senate.

May 10, considered and passed House.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

May 24, Presidential statement.

 Public Law 101–302: Making dire emergency supplemental appropriations for disaster assistance, food stamps, unemployment compensation administration, and other urgent needs, and transfers, and reducing funds budgeted for military spending for the fiscal year ending September 30, 1990, and for other purposes. Public Law 302 Public Law 101–302 104 Stat. 213 1990-05-25 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 2025-06-19 101public 104 STAT. 213 Public Law 101–302 101st Congress
An Act Making dire emergency supplemental appropriations for disaster assistance, food stamps, unemployment compensation administration, and other urgent needs, and transfers, and reducing funds budgeted for military spending for the fiscal year ending September 30, 1990, and for other purposes.

May 25, 1990

[H.R. 4404]

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

Dire Emergency Supplemental Appropriations for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide dire emergency supplemental appropriations for the fiscal year ending September 30, 1990, and for other purposes, namely:
<num value="I">TITLE I—</num> <heading class="inline">DISASTER ASSISTANCE</heading> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY</heading> <appropriations level="intermediate"><heading>Corps of Engineers—Civil</heading> <chapeau class="firstIndent1 fontsize10">For additional expenses to meet the present emergency needs for “Flood control and coastal emergencies”, $20,000,000, to remain available until expended. </chapeau> <appropriations level="small"><heading>general expenses</heading> <content class="firstIndent1 fontsize10">For additional expenses to meet the present emergency needs for “General expenses”, $15,000,000, to remain available until expended. </content> </appropriations> <appropriations level="small"><heading>operation and maintenance, general</heading> <content class="firstIndent1 fontsize10">For additional expenses to meet the present emergency needs for “Operation and maintenance, general”, $40,000,000, to remain available until expended. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"><heading>Soil Conservation Service</heading> <appropriations level="small"><heading>watershed and flood prevention operations</heading> <chapeau class="firstIndent1 fontsize10">For additional expenses to meet the present emergency needs of the Soil Conservation Service, Emergency Watershed Protection Program, $70,000,000, of which $10,000,000 shall be available for the Emergency Conservation Program of the Agricultural Stabilization and Conservation Service: <proviso><i>Provided</i>, That the Soil Conservation Service and the Agricultural Stabilization and Conservation Service are expected to address the needs arising from more recent disasters and, to the greatest extent possible, to continue to address the <page identifier="/us/stat/104/214">104 STAT. 214</page>remaining needs from Hurricane Hugo:</proviso> <proviso><i>Provided further</i>, That such funds are to remain available until expended.</proviso> </chapeau> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <chapeau class="firstIndent1 fontsize10">For expenses to carry out section 201(k)(2) of the Agricultural Act of 1949 for 1990 crops damaged by a natural disaster in 1989, $11,000,000: <proviso><i>Provided</i>, That the Secretary shall spend not less than the amount appropriated herein.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>emergency conservation program</heading> <content class="firstIndent1 fontsize10">For additional expenses to meet the present emergency needs of the Agricultural Stabilization and Conservation Service, Emergency Conservation Program, $10,000,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Emergency Management Agency</heading> <appropriations level="small"><heading>disaster relief</heading> <content class="firstIndent1 fontsize10">For additional expenses in carrying out the functions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $50,000,000, to remain available until expended, which, together with $350,000,000 uncommitted and unobligated identified by the Federal Emergency Management Agency to be presently available, will provide over $400,000,000 for relief assistance. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>GENERAL PROVISION</heading> <content class="firstIndent1 fontsize10">Of the funds made available for any account by any appropriations Act for fiscal year 1990, the amount apportioned to the fourth quarter shall also be available for obligation in the third quarter of fiscal year 1990 where necessary. </content> </appropriations> <num value="II">TITLE II—</num> <heading class="inline">SUPPLEMENTAL APPROPRIATIONS</heading> <chapter> <num value="I">CHAPTER I</num> <heading class="centered">DEPARTMENTS OF COMMERCE AND JUSTICE, THE JUDICIARY, AND RELATED AGENCIES</heading> <appropriations level="major"><heading>DEPARTMENT OF COMMERCE</heading> <heading>Economic Development Administration</heading> <appropriations level="small"><heading>economic development assistance programs</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Economic Development Assistance Programs”, $424,000 for planning assistance for Economic Development Districts authorized by section 301(b) of the Public Works and Economic Development Act of 1965, as amended, which shall be obligated only for grants to maintain the level of assistance in effect on September 30, 1989, for each development district. </chapeau> </appropriations> <page identifier="/us/stat/104/215">104 STAT. 215</page> <appropriations level="intermediate"><heading>International Trade Administration</heading> <appropriations level="small"><heading>operations and administration</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The limitation on the use of prior year funds for the Trade Adjustment Assistance Program, enacted under this head in Public Law 101–162, is repealed and funds appropriated for this program<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/990">103 Stat. 990</ref>.</p></sidenote> for fiscal year 1990 and prior years are available for obligation.</p> <p class="firstIndent1 fontsize10">For an additional amount for “Operations and Administration”, $1,445,000 which shall be obligated only for the Trade Adjustment Assistance Program for grants to recipient organizations.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <appropriations level="small"><heading>periodic censuses and programs</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Periodic census and programs”, $110,000,000, as a contingency reserve for the decennial census, to remain available until expended and to be available only to the extent that appropriations are insufficient to cover unanticipated expenses related to unforeseen events such as lower-than-expected response rates, lower-than-expected employee productivity rates, or natural disasters.</content> </appropriations> <appropriations level="small"><heading>administrative provision</heading> <content class="firstIndent1 fontsize10">Services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population shall not constitute “Federal service” for purposes of section 8501 of title 5, United States Code. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"><heading>operations, research, and facilities</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Operations, research, and facilities”, $8,762,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>administrative provision</heading> <content class="firstIndent1 fontsize10">Notwithstanding any other provision of law, a procurement for<sidenote><p class="firstIndent0 fontsize8">Arkansas.</p></sidenote> the Stuttgart, Arkansas, Fish Farming Experimental Laboratory shall be issued by the Administrator of the National Oceanic and Atmospheric Administration or the Director of the United States Fish and Wildlife Service which includes the full scope of the work described in Department of the Interior Task Order Numbered 89–025, Contract No. 14–16–0009–86–007: <proviso><i>Provided</i>, That the solicitation<sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> and contract shall contain the clause “availability of funds” found at 48 CFR 52.232–18; and also $6,000,000 is hereby appropriated to the United States Fish and Wildlife Service to procure a wildlife refuge site at no more than appraised market value and without the use of condemnation procedures at a location in Jasper and Marion Counties, Iowa, identified in a location map on file with the United States Fish and Wildlife Service and entitled “Walnut Creek National Wildlife Refuge”.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/104/216">104 STAT. 216</page> <appropriations level="intermediate"><heading>Legal Activities</heading> <appropriations level="small"><heading>salaries and expenses, antitrust division</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, Antitrust Division”, $2,500,000 to be derived by transfer from “Salaries and expenses, Federal Prison System”.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses, united states marshals service</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses, United States Marshals Service”, $7,400,000 to be derived by transfer from “Salaries and Expenses, Federal Prison System”. </content> </appropriations> <appropriations level="small"><heading>fees and expenses of witnesses</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Fees and Expenses of Witnesses”, $2,600,000 to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $185,000,000, to remain available until expended, to defray expenses for the automation of fingerprint identification services including planning, site acquisition, construction, and other associated costs: <proviso><i>Provided</i>, That none of the funds included herein shall be available for automated system procurement prior to submission of an implementation plan thereon, pursuant to the notification procedures prescribed under section 606 of Public Law 101–162, and a site shall not be selected or procured prior to notification of the appropriate Committees of the House of Representatives and the Senate.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <appropriations level="small"><heading>buildings and facilities</heading> <content class="firstIndent1 fontsize10">The language under this heading in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162; 103 Stat. 1000–1001), is amended by adding the following after the period: “Deposits transferred from the Assets Forfeiture Fund to the Buildings and Facilities account of the Federal Prison System in 1989 may be used for the construction of correctional institutions, and the construction and renovation of Immigration and Naturalization Service and United States Marshals Service detention facilities, and for the authorized purposes of the Support of United States Prisoners’ Cooperative Agreement Program.”. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>General Provision</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t31/s3718">31 USC 3718 note</ref>.</p></sidenote>The pilot debt collection project authorized by Public Law 99–578 is extended through September 30, 1992. </content> </appropriations> </appropriations> <page identifier="/us/stat/104/217">104 STAT. 217</page> <appropriations level="major"><heading>THE JUDICIARY</heading> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <appropriations level="small"><heading>salaries and expenses</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $63,000. </chapeau> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Salaries and expenses</quotedText>”, $25,503,000, and in addition, $4,500,000 to be derived by transfer from “<quotedText>Defender Services</quotedText>”. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Sentencing Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $700,000, to remain available until expended. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <heading>DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Maritime Administration</heading> <appropriations level="small"><heading>federal ship financing fund</heading> <chapeau class="firstIndent1 fontsize10">For the “Federal Ship Financing Fund”, $750,000, to remain available until expended: <proviso><i>Provided</i>, That, notwithstanding any other provision of law, these funds shall be available to the Federal Maritime Administrator of the Department of Transportation only to acquire an appropriate vessel for transfer to the Government of the Territory of American Samoa to be used by that Government for interisland transportation of cargo and passengers, and for repairs and maintenance necessary to provide for the United States Coast Guard’s certification of such vessel:</proviso> <proviso><i>Provided further</i>, That the Department of Defense shall transport such vessel to American Samoa without reimbursement and any appropriations available to the Department of Defense shall be available for this purpose.</proviso> </chapeau> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Trade Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Salaries and expenses”, $2,500,000. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>ADMINISTRATIVE PROVISION</heading> <content class="firstIndent1 fontsize10">Section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162) is amended by adding the following provision<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t15/s18a">15 USC 18a note</ref>.</p></sidenote> at the end thereof: “: <proviso><i>Provided further</i>, That fees made available to the Federal Trade Commission and the Antitrust Division herein shall remain available until expended”.</proviso> </content> </appropriations> </chapter> <page identifier="/us/stat/104/218">104 STAT. 218</page> <chapter> <num value="II">CHAPTER II</num> <heading class="centered">DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation</heading> <appropriations level="small"><heading>research, development, test and evaluation, navy</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Research, development, test and evaluation, Navy”, $6,000,000 for the Navy Medical Research and Development Command to support the unrelated marrow donor program. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Military Construction</heading> <appropriations level="small"><heading>military construction, army national guard</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Military construction, Army National Guard”, $7,000,000, to remain available until September 30, 1994. </chapeau> </appropriations> <appropriations level="small"><heading>military construction, army reserve</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Military construction, Army Reserve”, $3,000,000, to remain available until September 30, 1994. </content> </appropriations> </appropriations> <level> <heading class="centered smallCaps">General Provisions</heading> <subheading class="centered smallCaps">(rescissions)</subheading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content class="inline">Of the funds provided in Department of Defense Appropriations Acts and Military Construction Appropriations Acts, the following funds are hereby rescinded from the following accounts in the specified amounts: <list> <listItem><listContent class="indent1 fontsize10 depth0">Military Personnel, Air Force, $104,484,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Army, $80,800,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Navy, $39,500,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Marine Corps, $3,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Air Force, $380,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Defense Agencies, $62,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Army Reserve, $896,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Navy Reserve, $209,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Air Force Reserve, $1,190,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Army National Guard, $2,125,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Operation and Maintenance, Air National Guard, $2,199,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Aircraft procurement, Army, 1990/1992, $16,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Missile procurement, Army, 1990/1992, $50,700,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Procurement of weapons and tracked combat vehicles, Army, 1990/1992, $5,500,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Procurement of ammunition, Army, 1990/1992, $45,200,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Army, 1988/1990, $23,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Army, 1989/1991, $30,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Army, 1990/1992, $51,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Aircraft procurement, Navy, 1988/1990, $30,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Weapons procurement, Navy, 1989/1991, $40,600,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Weapons procurement, Navy, 1990/1992, $17,201,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Navy, 1988/1990, $16,500,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Navy, 1990/1992, $2,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"><page identifier="/us/stat/104/219">104 STAT. 219</page></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Procurement, Marine Corps, 1990/1992, $15,200,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Aircraft procurement, Air Force, 1990/1992, $64,864,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Missile procurement, Air Force, 1988/1990, $34,900,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Missile procurement, Air Force, 1989/1991, $25,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Missile procurement, Air Force, 1990/1992, $70,142,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Air Force, 1989/1991, $17,900,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Other procurement, Air Force, 1990/1992, $45,805,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Army, 1989/ 1990, $18,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Army, 1990/ 1991, $64,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Navy, 1989/ 1990, $5,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Navy, 1990/ 1991, $27,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Air Force, 1989/1990, $77,900,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Air Force, 1990/1991, $102,358,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Defense Agencies, 1989/1990, $25,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Research, Development, Test and Evaluation, Defense Agencies, 1990/1991, $70,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Navy Stock Fund, $15,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Air Force Stock Fund, $15,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Defense Stock Fund, $78,100,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Navy, 1989/1993, $10,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Family Housing, Air Force, 1989/1993, $8,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1990/1994, $16,000,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Navy, 1990/1994, $10,650,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Air Force, 1990/1994, $37,500,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Defense Agencies, 1990/1994, $5,810,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">North Atlantic Treaty Organization Infrastructure, 1990/ 1994, $21,925,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Family Housing, Air Force, 1990/1994, $36,522,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Family Housing, Air Force, 1986/1990, $25,200,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1986/1990, $2,850,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1987/1991, $4,295,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1988/1992, $10,470,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1989/1993, $29,931,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Military Construction, Army, 1990/1994, $27,700,000; and Family Housing, Army, 1990/1994, $6,335,000.</listContent></listItem> </list> </content> </section> </level> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>Section 9080 of Public Law 101–165 is amended by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1147">103 Stat. 1147</ref>.</p></sidenote> inserting the following proviso before the period <proviso><i>Provided</i>, That except for M1 Garand and M1 carbine rifles, this provision does not restrict the use of funds for the destruction and disposal of other firearms”.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>Title VI of Public Law 101–165 is amended by striking<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1127">103 Stat. 1127</ref>.</p></sidenote> the amount “<quotedText>$10,000,000</quotedText>” and inserting in lieu thereof the amount “<quotedText>$18,000,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204."><inline class="smallCaps">Sec.</inline> 204. </num> <subsection class="inline"> <num value="a">(a) </num><content>The appropriation “Research, development, test and evaluation, Air Force” contained in the Department of Defense Appropriations Act, 1990 (Public Law 101–165) is amended in the<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1125">103 Stat 1125</ref>.</p></sidenote> second proviso by striking out “<quotedText>1989</quotedText>” and inserting in lieu thereof “<quotedText>1990</quotedText>” and by striking the phrase “<quotedText>from the B–1B program that remain available for obligation</quotedText>”.</content> </subsection> <page identifier="/us/stat/104/220">104 STAT. 220</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 8084 of the Department of Defense Appropriations Act, <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/102/2270/31">102 Stat. 2270–31</ref>.</p></sidenote>1989 (Public Law 100–463) is amended by striking out “<quotedText>$109,895,000</quotedText>” and inserting in lieu thereof “<quotedText>$79,895,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 8115 of the Department of Defense Appropriations Act, <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/102/1329/82">102 Stat. 1329–82</ref>.</p></sidenote>1988 (Public Law 100–202) is amended by striking out “<quotedText>$90,895,000</quotedText>” and inserting in lieu thereof “<quotedText>$67,895,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 8127(b) of the Department of Defense Appropriations <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/102/2270/44">102 Stat. 2270–44</ref>.</p> <p class="firstIndent0 fontsize8">Contracts.</p> <p class="firstIndent0 fontsize8">President of U.S.</p></sidenote>Act, 1989 (Public Law 100–463) is hereby repealed.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Not less than thirty days before a cooperative project agreement is signed or amended on behalf of the United States in conjunction with the NATO Research and Development program, the President shall transmit to the Committees on Appropriations of the Senate and House of Representatives a numbered certification setting forth the text and providing an explanatory statement on the purposes of the proposed agreement or amendment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Any cooperative project agreement or amendment referred to in subsection (a) shall contain a provision stipulating that United States participation under the agreement or amendment is subject to the availability of appropriated funds.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><sidenote><p class="firstIndent0 fontsize8">Grants.</p></sidenote> <content class="inline">Of the $6,000,000 provided in this Act in “Research development, test and evaluation, Navy” for the Navy Medical Research and Development Command to support the unrelated marrow donor program, not less than $4,500,000 shall be provided as a grant to the National Marrow Donor Program Foundation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><content class="inline">The last proviso under the head “Research, development, test and evaluation, Navy” contained in the Department of Defense Appropriations Act, 1990 (Public Law 101–165 (103 Stat. 1125)) is amended by deleting the phrase “to the Center” and inserting in lieu thereof “<quotedText>to the Mississippi Resource Development Corporation</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec.</inline> 208. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Of funds available during fiscal year 1990 under the heading “Research, development, test and evaluation, Defense Agencies”, for the NATO Research and Development program—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>not less than $12,776,000 shall be transferred immediately upon enactment of this Act to the Defense Advanced Research Projects Agency to finance the advanced neural networks information processing technologies project; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>not less than $12,224,000 shall be transferred immediately upon enactment of this Act to the Joint Department of Defense—Department of Energy Munitions Technology Development program.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>None of the funds referred to in subsection (a) may be transferred from the AV–8(B) radar development, F/A–18 radar upgrade, medium surface-to-air missile, and multifunctional information distribution system projects.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec.</inline> 209. </num><content>None of the funds available to the Department of Defense may be used to purchase circuit breakers for United States naval vessels unless the circuit breakers are manufactured in the United States from components which are substantially manufactured in the United States. For the purpose of this section, the manufacture of circuit breaker cradles in the United States by a foreign supplier shall not be deemed to constitute substantial United States manufacture of circuit breakers. The Secretary of Defense may waive this provision if he determines that it is not in the national security interests of the United States or will have an adverse effect on a United States company. </content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec.</inline> 210. </num><content>Notwithstanding any other provision of law, the Secretary of Defense shall participate in an infrastructure improve-<page identifier="/us/stat/104/221">104 STAT. 221</page>ment demonstration program conducted by the Regional Equipment Center, Newport Township, Pennsylvania: <proviso><i>Provided</i>, That within ninety days following enactment of this Act, the Secretary shall provide directly such property within the control of the Department of Defense or any component thereof as mutually agreed to by the Regional Equipment Center and the Secretary and as necessary to carry out the provisions of this section.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec.</inline> 211. </num><content>Funds available to the Department of Defense during the<sidenote><p class="firstIndent0 fontsize8">Panama.</p></sidenote> current fiscal year may be transferred to applicable appropriations or otherwise made available for obligation by the Secretary of Defense to fund the additional cost of pay and allowances, operational expenses and other costs associated with military operations in Panama known as Operation Just Cause: <proviso><i>Provided</i>, That funds transferred shall be available for the same purpose and the same time period as the appropriations to which transferred:</proviso> <proviso><i>Provided further</i>, That the Secretary shall notify the Congress promptly of all transfers made pursuant to this authority and that such transfer authority shall be in addition to that provided elsewhere in this Act.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec.</inline> 212. </num><content>The Department of the Army shall explore the possibility of laying away and storing the equipment and hardware located at the Mississippi Army Ammunition Plant and make the buildings available for such other private use as may be possible.</content> </section> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec.</inline> 213. </num><content>Of the funds available to the Department of Defense, $5,000,000 shall be made available only for the establishment of a National Defense Center for Environmental Excellence.</content> </section> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec.</inline> 214. </num><content>Of the funds made available for Research, development, test and evaluation, Defense Agencies, 1990/1991, $4,000,000 shall be available only to conduct an operational test and evaluation (OT&E) of Individually Carried Record (ICR) technologies to be completed not later than August 31, 1991.</content> </section> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec.</inline> 215. </num><content>Of the funds appropriated in fiscal year 1990 for the Defense Advanced Research Projects Agency’s nuclear monitoring program, $6,500,000 is available only for the United States-Eurasian Seismic Studies Program administered by the Incorporated Research Institutions for Seismology.</content> </section> <section class="firstIndent1 fontsize10"> <num value="216"><inline class="smallCaps">Sec.</inline> 216. </num><content>Notwithstanding any other provision of law, the Secretary<sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> of the Air Force is authorized and directed to negotiate, compromise, and reach a determination with Shipco General, Incorporated, regarding contract dispute Numbered F29650–82–C–0201 prior to the end of fiscal year 1990. The Secretary is authorized to<sidenote><p class="firstIndent0 fontsize8">Claims.</p></sidenote> pay the agreed upon settlement amount from available funds.</content> </section> </chapter> <page identifier="/us/stat/104/222">104 STAT. 222</page> <chapter> <num value="III">CHAPTER III</num> <heading class="centered">FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS</heading> <appropriations level="major"><heading>MULTILATERAL ECONOMIC ASSISTANCE</heading> <heading class="smallCaps centered">funds appropriated to the president</heading> <appropriations level="intermediate"><heading>International Financial Institutions</heading> <appropriations level="small"><heading>contribution to the international bank for reconstruction and development limitation on callable capital subscriptions</heading> <chapeau class="firstIndent1 fontsize10">The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,609,671,408. </chapeau> </appropriations> <appropriations level="small"><heading>international organizations and programs</heading> <content class="firstIndent1 fontsize10">Of the funds made available in Public Law 101–167, for “International organizations and programs”, an additional $5,000,000 may be made available for payment to the United Nations Environment Program, to carry out the provisions of section 2 of the United Nations Environment Program Participation Act of 1973. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>BILATERAL ECONOMIC ASSISTANCE</heading> <heading class="smallCaps centered">funds appropriated to the president</heading> <appropriations level="intermediate"><heading>Department of State</heading> <appropriations level="small"><heading>migration and refugee assistance</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Migration and refugee assistance”, $75,000,000, to support emergency refugee admissions and assistance: <proviso><i>Provided</i>, That not less than $5,000,000 of the funds provided under this heading shall be available for Soviet, Eastern European and other refugees resettling in Israel:</proviso> <proviso><i>Provided further</i>, That of the funds allocated in this account, an equitable share shall be made available to Pentecostals, Evangelicals, and Baptists to fund the existing two thousand semi funded refugee admissions numbers for the Soviet Union, unless sufficient unused refugee admissions numbers could be reallocated within this fiscal year to allow adequate funding and admission of this group:</proviso> <proviso><sidenote><p class="indent0 firstIndent0 fontsize8">Burma.</p> <p class="firstIndent0 fontsize8">Thailand.</p></sidenote><i>Provided further</i>, That funds provided under this heading shall remain available until expended:</proviso> <proviso><i>Provided further</i>, That funds used pursuant to the last proviso (relating to assistance for Burmese students at camps on the border with Thailand) under the heading “migration and refugee assistance” in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) may be used to provide assistance to any Burmese person in Burma or Thailand who is displaced as a result of events relating to civil conflict.</proviso> </chapeau> </appropriations> <page identifier="/us/stat/104/223">104 STAT. 223</page> <appropriations level="small"><heading>united states emergency refugee and migration assistance fund</heading> <content class="firstIndent1 fontsize10">For an additional amount for the “United States emergency refugee and migration assistance fund’’, $25,000,000 to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Agency for International Development</heading> <appropriations level="small"><heading>development assistance</heading> <heading>haiti</heading> <chapeau class="firstIndent1 fontsize10">Not less than $10,000,000, of the funds made available in Public Law 101–167 for the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961, development assistance funds contained in prior foreign assistance appropriations Acts that were not made available for Haiti, or pursuant to section 515 of such public law, shall be made available for assistance to Haiti: <proviso><i>Provided</i>, That any of such funds made available for Haiti may be used for any of the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961 and also may be used to finance critical imports.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>chile</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Health, development assistance”, $10,000,000, to remain available through September 30, 1991, which shall be made available only for assistance for Chile. </content> </appropriations> <appropriations level="small"><heading>development assistance for anti-narcotics</heading> <heading>efforts of bolivia and peru</heading> <chapeau class="firstIndent1 fontsize10">Of the funds appropriated for fiscal year 1990 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), up to $25,000,000 should be available for Bolivia, and up to $20,000,000 should be available for Peru, for the following purposes—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>providing alternative income, employment, and social services for individuals involved in illicit coca and marijuana production,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>supporting investment in infrastructure, farm credit and extension services, and other development projects in non-coca production areas, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>otherwise assisting, in accordance with chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), such countries in continuing their anti-narcotics efforts.</content> </paragraph> </appropriations> <appropriations level="small"><heading>housing and other credit guaranty programs</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><chapeau class="inline">Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1205">103 Stat. 1205</ref>.</p></sidenote> amended in the undesignated paragraph under the heading “<inline class="smallCaps">housing and other credit guaranty programs</inline>”—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>$100,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$500,000,000</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after “<quotedText>principal</quotedText>” in the last proviso under such heading the following: <quotedContent class="inline">“, of which amount $400,000,000 in <page identifier="/us/stat/104/224">104 STAT. 224</page>commitments shall be available during fiscal year 1990 or subsequent fiscal years only for the purpose of providing housing and <sidenote><p class="firstIndent0 fontsize8">Loans.</p> <p class="firstIndent0 fontsize8">Israel.</p></sidenote>infrastructure in Israel for Soviet refugees: <chapeau><proviso><i>Provided further</i>, That with respect only to the $400,000,000 in commitments to be made for housing and infrastructure in Israel referred to in the preceding proviso—</proviso></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the guarantees shall be made available for loans made during or after fiscal year 1990, notwithstanding the limitation contained in the third sentence of section 222(a) of the Foreign Assistance Act of 1961;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the guarantees shall be made available for loans in increments of at least $150,000,000 or the amount requested by the borrower, whichever is lesser; and that the Agency for International Development shall review the borrower’s actual or planned expenditures to ascertain that such amounts have or will be expended in accordance with the preceding proviso;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>section 223(j) of the Foreign Assistance Act of 1961 (22 U.S.C. 21830)) shall not apply to such commitments; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><chapeau>fees charged by the Agency for International Development under section 223(a) of the Foreign Assistance Act of 1961 shall be—</chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">“(A) </num><content>an initial fee of $2,800,000; and</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">“(B) </num><content>an annual fee in an amount not more than one-half of 1 percent of the maximum face value of guarantees which may be issued for any one country in a fiscal year pursuant to the penultimate sentence of section 223(j) of such Act.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by striking out “<quotedText>$2,158,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$2,558,000,000</quotedText>”. </content> </subsection> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Economic Support Fund</heading> <appropriations level="small"><heading>panama</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for the “Economic Support Fund”, $420,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for Panama: <proviso><i>Provided</i>, That of this amount up to $15,000,000 may be used for a debt-for-nature swap and for immediate environmental needs.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>nicaragua</heading> <content class="firstIndent1 fontsize10">For an additional amount for the “<quotedText>Economic Support Fund</quotedText>”, $300,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for Nicaragua: <proviso><i>Provided</i>, That of this amount $30,000,000 shall be for assistance to support the voluntary demobilization, repatriation and resettlement of members of the Nicaraguan resistance and their families:</proviso> <proviso><i>Provided further</i>, That such assistance may be made available only to members of the Nicaraguan resistance who agree to and are abiding by the terms of the ceasefire agreement and the addendum to the Toncontin Agreement signed on April 19, 1990:</proviso> <proviso><i>Provided further</i>, That such assistance referred to in the previous proviso shall be provided through the International Commission of Support and Verification (CIAV) established by the Secretary General of the United Nations and the Secretary General of the Organization of <page identifier="/us/stat/104/225">104 STAT. 225</page>American States pursuant to the agreement of the Central American Presidents at Tela, Honduras, on August 7, 1989, unless the President notifies the Committees on Appropriations in accordance with the procedures contained in section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990:</proviso> <proviso><i>Provided further</i>, That up to $8,000,000 of the funds made available by this subsection may be used for environmental activities, including the preservation of tropical forests, promotion of sustainable agriculture, control of pollution, and restoration of the natural resource base.</proviso> </content> </appropriations> <appropriations level="small"><heading>forestry protection</heading> <content class="firstIndent1 fontsize10">None of the funds appropriated in this Act for Nicaragua or Panama shall be used for any project that would result in any significant loss of tropical forests. </content> </appropriations> <appropriations level="small"><heading>administrative expenses</heading> <content class="firstIndent1 fontsize10">Up to $10,000,000, of the funds made available under the headings “Panama” and “Nicaragua” may be used for the purpose of paying administrative expenses incurred by the Agency for International Development in connection with carrying out its functions under such headings. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Evaluation and Audit</heading><sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote> <chapeau class="firstIndent1 fontsize10">In order to monitor the uses and evaluate the effectiveness of Economic Support Fund programs provided under this Act for Nicaragua and Panama—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">the Administrator of the Agency for International Development shall—</chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">(A) </num><content>submit periodic reports to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs on such assistance assessing compliance with specific program objectives with particular emphasis on monitoring commodity import programs and cash transfers for balance of payments and budget support programs;</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">(B) </num><content>in cooperation with the governments and nongovernmental organizations receiving such assistance, establish appropriate administrative systems and controls to ensure that the assistance is being used for its intended purposes;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Inspector General of the Agency for International Development shall, at least semiannually beginning six months from the date of enactment of this Act, audit the Economic Support Fund programs provided under this Act for Nicaragua and Panama to assess the financial management and administrative systems established by the Agency to control such programs, and report to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs and the Administrator its findings; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the General Accounting Office shall submit a report to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs not later than January 15, 1992, assessing the effectiveness of the Economic Support Fund assistance provided under this Act for Panama and Nicaragua, emphasizing commodity import pro-<page identifier="/us/stat/104/226">104 STAT. 226</page>grams and cash transfers used for balance of payments and budget support, in meeting stated objectives, the effectiveness of fiscal and administrative controls, and the application of lessons learned from the implementation of these programs to other similar programs administered by the Agency. </content> </paragraph> </appropriations> <appropriations level="small"><heading>caribbean</heading> <content class="firstIndent1 fontsize10">For an additional amount for the “Economic Support Fund”, $15,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for countries in the Caribbean: <proviso><i>Provided</i>, That of the funds made available under this heading not less than $3,000,000 shall be made available only for Haiti to support the democratic electoral process:</proviso> <proviso><i>Provided further</i>, That of the funds made available under this heading not less than $8,750,000 shall be made available only for Jamaica.</proviso> </content> </appropriations> <appropriations level="small"><heading>assistance for the eastern caribbean</heading> <content class="firstIndent1 fontsize10">For an additional amount to carry out the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961, $5,000,000, for assistance for countries of the Eastern Caribbean, to remain available through September 30, 1991. </content> </appropriations> <appropriations level="small"><heading>subsaharan africa</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for the “Economic Support Fund”, $20,000,000, to remain available until September 30, 1991, which shall be made available for assistance for Sub-Saharan Africa: <proviso><i>Provided</i>, That of this amount $10,000,000 shall be for assistance for Namibia, and $10,000,000 shall be used to provide assistance, through the National Endowment for Democracy and other groups, to support programs and activities of organizations to encourage negotiations leading to a peaceful transition to a genuine democracy based on universal suffrage within a united South Africa, as follows:</proviso></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <sidenote><p class="firstIndent0 fontsize8">South Africa.</p></sidenote> <heading><inline class="smallCaps">Suspension of violence</inline>.—</heading><content>An organization which has engaged in armed struggle or other acts of violence shall be eligible for assistance under this section only if that organization is committed to a suspension of violence in the context of negotiations to establish a democratic system of government in South Africa.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Prohibition on using funds to support violence</inline>.—</heading><content>In order to receive assistance under this section, an organization must agree that it will not use any of the funds made available to it under this section for the purpose of supporting physical violence by any individual, group, or government.</content> </paragraph> </appropriations> <appropriations level="small"><heading>humanitarian assistance for armenia and romania</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><content>For an additional amount for “International disaster assistance”, $5,000,000, to remain available until September 30, 1991, which sum shall be made available, notwithstanding any other provision of law, for humanitarian assistance, transportation of materials provided for such assistance, medical treatment, and education and vocational training to the victims of the Armenian earthquake of December 7, 1988, which assistance shall be channeled through United States private and voluntary organizations and other United States nongovernmental organizations: <proviso><i>Provided</i>,<page identifier="/us/stat/104/227">104 STAT. 227</page>That such funds are in addition to funds previously made available for such purposes:</proviso> <proviso><i>Provided further</i>, That of the funds made available by this subsection for assistance for Armenia, up to 1 percent may be used by the Agency for International Development for costs of administering such program.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><chapeau class="inline">Not less than $4,000,000 of the total amount of funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), which funds were—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appropriated by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>made available through the exercise of the authority contained in section 515 of that Act; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>appropriated for development assistance in prior foreign assistance appropriations Acts,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be made available, notwithstanding any other provision of law, through international relief agencies and nongovernmental organizations for health assistance for children in Romania.</continuation> </subsection> </appropriations> <appropriations level="small"><heading>subsaharan africa development assistance</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Sub-Saharan Africa, Development Assistance”, $10,000,000, to remain available until September 30, 1991. </content> </appropriations> <appropriations level="small"><heading>notification procedures</heading> <content class="firstIndent1 fontsize10">Prior to each obligation of funds made available for the “Economic Support Fund” and “Sub-Saharan Africa, Development Assistance” in this Act, the Committees on Appropriations of the House of Representatives and the Senate shall be notified in accordance with section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. </content> </appropriations> <appropriations level="small"><heading>waivers and authorities</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><content>Funds appropriated by this chapter for the “Economic Support<sidenote><p class="firstIndent0 fontsize8">Panama.</p></sidenote> Fund” for Panama shall be available as follows: (1) up to $1,200,000 may be provided to carry out the purposes of section 534(b)(3) of the Foreign Assistance Act of 1961 for countries in Latin America and the Caribbean other than Panama; (2) assistance may be provided for technical assistance, training, and commodities with the objective of creating a professional civilian police force notwithstanding section 660 of the Foreign Assistance Act of 1961, except that such assistance shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes in Panama, and shall not include lethal equipment; and (3) the limitations contained in the second sentence of section 534(e) of the Foreign Assistance Act of 1961 and the second sentence of section 599G(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, shall not be applicable to assistance provided under this subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>Funds appropriated under this chapter for Panama and Nicaragua,<sidenote><p class="firstIndent0 fontsize8">Panama.</p> <p class="firstIndent0 fontsize8">Nicaragua.</p></sidenote> as well as during fiscal year 1990 funds otherwise available for economic assistance under other provisions of law and assistance under chapter 8 of part II of the Foreign Assistance Act of 1961, may be made available for Panama and Nicaragua notwithstanding section 518 of the Foreign Operations, Export Financing, and <page identifier="/us/stat/104/228">104 STAT. 228</page>Related Programs Appropriations Act, 1990, section 620(q) of the Foreign Assistance Act of 1961, or any similar provision of law relating to foreign assistance repayments. </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><content>Funds appropriated under this Act may be made available notwithstanding section 10 of Public Law 91–672 and section 15 of the State Department Basic Authorities Act of 1956.</content> </subsection> </appropriations> <appropriations level="intermediate"><heading>Peace Corps</heading> <content class="firstIndent1 fontsize10">Amounts appropriated under the heading “Peace Corps” by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), may be made available for activities of the Peace Corps in Czechoslovakia. </content> </appropriations> </appropriations> <appropriations level="major"><heading><sidenote><p class="firstIndent0 fontsize8">Loans.</p></sidenote>EXPORT ASSISTANCE</heading> <appropriations level="small"><heading>export-import bank of the united states</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Notwithstanding the first proviso contained under the heading “Limitation on Program Activity” under “Title IV—Export Assistance” of Public Law 101–167, the medium-term financing program of the Export-Import Bank shall not exceed the gross obligations for the principal amount of direct loans contained under such heading in Public Law 101–167.</p> <p class="firstIndent1 fontsize10">Title IV, “Export Assistance”, of the Foreign Operations, Export <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1215">103 Stat. 1215</ref>.</p></sidenote>Financing, and Related Programs Appropriations Act, 1990, is amended by inserting after the fifth proviso under the heading “Limitation on Program Activity” the following: “<quotedText><proviso><i>Provided further</i>, That the Bank shall use all amounts appropriated to carry out the interest subsidy program to make commitments to commercial lending institutions and other lenders, subject only to the availability of qualified lenders under the program:</proviso></quotedText>”.</p> </content> </appropriations> </appropriations> <appropriations level="major"><heading>TECHNICAL CORRECTION</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent0 fontsize8">Effective date.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t8/s1101">8 USC 1101 note</ref>.</p></sidenote>Effective as of November 21, 1989, the 11th proviso under the heading “Migration and Refugee Assistance” in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167, 103 Stat. 1211) is amended by striking “<quotedText>sixth proviso</quotedText>” and inserting “<quotedText>ninth proviso</quotedText>”. </content> </appropriations> </chapter> <chapter> <num value="IV">CHAPTER IV</num> <heading class="centered">DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES</heading> <appropriations level="major"><heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>firefighting</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Firefighting”, $176,800,000: <proviso><i>Provided</i>, That these funds also shall be available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes and shall be obligated fully prior to use of any other funds for wildfire suppression and emergency rehabilitation and shall remain available until December 31, 1990.</proviso> </chapeau> </appropriations> </appropriations> <page identifier="/us/stat/104/229">104 STAT. 229</page> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <appropriations level="small"><heading>resource management</heading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Resource management</quotedText>”, $827,000: <proviso><i>Provided</i>, That the Secretary, acting through the United States Fish<sidenote><p class="firstIndent0 fontsize8">Contracts.</p> <p class="firstIndent0 fontsize8">Nevada.</p></sidenote> and Wildlife Service, is authorized to enter into renewable contracts for the payment of reasonable and customary costs for delivery of Newlands Project water rights acquired by the Service to benefit the Federal and State wildlife areas in the Lahontan Valley and the Fernley Sink in Nevada:</proviso> <proviso><i>Provided further</i>, That the costs for delivery shall be those costs normally associated with the delivery of water to Newlands Project lands:</proviso> <proviso><i>Provided further</i>, That the contracts shall be of a term not exceeding forty years:</proviso> <proviso><i>Provided further</i>, That any such contract shall provide that upon the failure of the service to pay such charges, the United States shall be liable for their payment and other costs provided for in applicable provisions of the contract subject to availability of appropriations:</proviso> <proviso><i>Provided further</i>, That the Secretary, acting through the United States Fish and Wildlife Service, in accordance with applicable State law, may use water diversion, storage, and conveyance systems of Federal Reclamation Projects to benefit Federal and State wildlife areas in the Lahontan Valley and the Fernley Sink in Nevada.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>historic preservation fund</heading> <content class="firstIndent1 fontsize10">Funds appropriated under this head in Public Law 101–121 shall remain available for obligation until September 30, 1991.</content> </appropriations> <appropriations level="small"><heading>construction</heading> <content class="firstIndent1 fontsize10">Of the funds made available under this head in the Department of the Interior and Related Agencies Appropriations Act, 1990 (Public Law 101–121), not less than $5,852,000 shall be made available immediately for design and construction activities associated with the Franklin Delano Roosevelt Memorial. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Geological Survey</heading> <appropriations level="small"><heading>surveys, investigations, and research</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Surveys, investigations, and research”, $6,246,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <appropriations level="small"><heading>operation of indian programs</heading> <content class="firstIndent1 fontsize10">The paragraph under this head in Public Law 101–121 is amended<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/713">103 Stat. 713</ref>.</p></sidenote> by inserting in front of $54,000,000 the words “<quotedText>up to</quotedText>”: <proviso><i>Provided</i>, That none of the funds available to the Bureau of Indian Affairs in this or any other Act shall be used to transfer, through agreement, memorandum of understanding, demonstration project or other method, the Safety of Dams program of the Bureau of Indian Affairs to the Bureau of Reclamation.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/104/230">104 STAT. 230</page> <appropriations level="intermediate"><heading>Departmental Offices</heading> <appropriations level="small"><heading>oil spill emergency fund</heading> <content class="firstIndent1 fontsize10">For an additional amount for the Department of the Interior for contingency planning, response and natural resource damage assessment related to the discharge of oil from the tanker Exxon Valdez into Prince William Sound, Alaska, and for other purposes authorized under this head in Public Law 101–45, $7,279,000: <proviso><i>Provided</i>, That all authorities associated with, and funds in, the Oil Spill Emergency Fund shall remain available until September 30, 1994:</proviso> <proviso><i>Provided further</i>, That none of the funds made available by this or any other Act with respect to any fiscal year may be used by the Department of the Interior to make any reimbursements to any other Federal department for litigation costs associated with the Prince William Sound oil spill.</proviso> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"><heading>Forest Service</heading> <appropriations level="small"><heading>forest service firefighting</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Forest service firefighting”, $256,700,000. </chapeau> </appropriations> <appropriations level="small"><heading>national forest system</heading> <content class="firstIndent1 fontsize10">For additional expenses associated with assessment or recovery on National Forest System lands from Hurricane Hugo and the Exxon Valdez oil spill of March 24, 1989, or for assessment and recovery on associated lands affected by the Exxon Valdez oil spill, $8,633,000, to remain available until September 30, 1991: <proviso><i>Provided</i>, That none of the funds made available by this or any other Act with respect to any fiscal year may be used by the Forest Service to make any reimbursements to any other Federal department for litigation costs associated with the Prince William Sound oil spill.</proviso> </content> </appropriations> <appropriations level="small"><heading><sidenote><p class="firstIndent0 fontsize8">Grants.</p> <p class="firstIndent0 fontsize8">Mississippi.</p></sidenote>construction</heading> <content class="firstIndent1 fontsize10">Notwithstanding any other provision of law, funds originally appropriated under this head in Public Law 101–121, the Department of the Interior and Related Agencies Appropriations Act, 1990, in the amount of $371,000 for the Forest Service for the construction of an addition to the Starkville, Mississippi, research office shall be available for a grant to Mississippi State University as the Federal share in the construction of a new University facility: <proviso><i>Provided</i>, That comparable space shall be provided to the Forest Service without charge for a reasonable period.</proviso> </content> </appropriations> <appropriations level="small"><heading>settlement of claims, forest service</heading> <content class="firstIndent1 fontsize10">The Forest Service is hereby authorized and directed to negotiate, compromise, and reach a determination on certain claims against the United States resulting from the Mink Fire (Bridger-Teton National Forest and Yellowstone National Park), Clover-Mist Fire (Yellowstone National Park and Shoshone National Forest), Storm Creek Fire (Yellowstone National Park and Gallatin-Custer National Forests), and Canyon Creek Fire (Lolo, Helena, Lewis and <page identifier="/us/stat/104/231">104 STAT. 231</page>Clark National Forests) which were originally classified as prescribed fires but subsequently became wildfires. The Forest Service is directed to negotiate, compromise, and reach a determination on the original claims, or the claims filed by an insurer subrogated to the rights of a claimant, and to negotiate any other claims filed within ninety days of the date of enactment of this Act. Notwithstanding any other provision of the law, the Secretary of the Treasury is authorized and directed to pay the amount of each determination from the Claims, Judgments, and Relief Act Fund (Public Law 95–26): <proviso><i>Provided</i>, That the Secretary of the Treasury shall make no payments for claims which are determined by the Forest Service or the Department of Justice to be invalid under current law:</proviso> <proviso><i>Provided further</i>, That nothing in this section shall prohibit any claimant from filing an appeal of any determination made by the Forest Service, Department of Agriculture, or Department of Justice pursuant to current law.</proviso> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF ENERGY</heading> <appropriations level="small"><heading>clean coal technology</heading> <content class="firstIndent1 fontsize10">Funds previously appropriated under this head for clean coal technology solicitations to be issued no later than June 1, 1990, and no later than September 1, 1991, respectively, shall not be obligated until September 1, 1991: <proviso><i>Provided</i>, That the aforementioned solicitations shall not be conducted prior to the ability to obligate these funds:</proviso> <proviso><i>Provided further</i>, That pursuant to section 202(b) 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:</proviso> <proviso><i>Provided further</i>, That for the clean coal solicitations identified herein, provisions included for the repayment of government contributions to individual projects shall be identical to those included in the Program Opportunity Notice (PON) for Clean Coal Technology III (CCT–III) Demonstration Projects (solicitation number DEPSO1–89 FE 61825), issued by the Department of Energy on May 1, 1989.</proviso> </content> </appropriations> </appropriations> </chapter> <chapter> <num value="V">CHAPTER V</num> <heading class="centered">DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION</heading> <appropriations level="major"><heading>DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"><heading>Employment and Training Administration</heading> <appropriations level="small"><heading>community service employment for older</heading> <heading>americans</heading> <chapeau class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For an additional amount 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, $7,800,000.</p> <p class="firstIndent1 fontsize10">For an additional amount 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, $2,200,000.</p> </chapeau> </appropriations> <page identifier="/us/stat/104/232">104 STAT. 232</page> <appropriations level="small"><heading>state unemployment insurance and employment service operations</heading> <content class="firstIndent1 fontsize10">For an additional amount for “State unemployment insurance and employment service operations”, $99,600,000 from the Employment Security Administration account in the Unemployment Trust Fund, which 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. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Employment Standards Administration</heading> <appropriations level="small"><heading>special benefits</heading> <chapeau class="firstIndent1 fontsize10">Such amounts, in addition to appropriations provided under this heading in Public Law 101–166, 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 August 15 of the current year: <proviso><i>Provided</i>, That balances of reimbursements from Federal Government agencies under this heading unobligated on September 30, 1990, shall remain available for the payment of compensation, benefits, and expenses through September 30, 1991.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>black lung disability trust fund</heading> <subheading>(including transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional $700,000 from the Black Lung Disability Trust Fund which shall be available for transfer to Departmental Management, Salaries and expenses, for expenses of operation and administration of the Black Lung Benefits Program as authorized by section 9501(d)(5)(A) of that Act. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH AND HUMAN SERVICES</heading> <appropriations level="intermediate"><heading>Health Resources and Services Administration</heading> <appropriations level="small"><heading>health resources and services</heading> <heading>program operations</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Program operations” for health care for the homeless, $2,300,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Centers for Disease Control</heading> <appropriations level="small"><heading>disease control, research, and training</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Disease control, research, and training”, $30,500,000, of which $7,000,000 is for measles outbreak control under section 317 of the Public Health Service Act, and of which $23,500,000, to remain available until expended, is for the purchase of a second vaccination for measles immunization. </content> </appropriations> </appropriations> <page identifier="/us/stat/104/233">104 STAT. 233</page> <appropriations level="intermediate"><heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <appropriations level="small"><heading>alcohol, drug abuse, and<sidenote><p class="firstIndent0 fontsize8">Effective date.</p> <p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1105">103 Stat. 1105</ref>.</p></sidenote> mental health</heading> <content class="firstIndent1 fontsize10">The second proviso under the heading “Alcohol, drug abuse, and mental health” in title IV of Public Law 101–164 is repealed effective September 10, 1990 if the treatment waiting period reduction grants are not specifically authorized prior to that date. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Health Care Financing Administration</heading> <appropriations level="small"><heading>program management</heading> <content class="firstIndent1 fontsize10">All funds collected in fiscal year 1990 in accordance with section 353 of the Public Health Service Act shall be credited to this account, to remain available until expended, for necessary expenses associated with the survey and certification of clinical laboratories. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Family Support Administration</heading> <appropriations level="small"><heading>refugee and entrant assistance</heading> <subheading>(including transfer of funds)</subheading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Refugee and entrant assistance”, $6,000,000, to be distributed under the Targeted Assistance Program, of which $5,000,000 shall be for health and educational services in areas affected as a result of the massive influx of Cuban and Haitian entrants during the Mariel boatlift, $500,000 shall be available for communities currently conducting a “Fish/Wilson” demonstration project and which have been heavily impacted by the recent influx of Soviet Pentecostals for health and employment services, and $500,000 shall be available for schools in areas impacted by the influx of Indochinese refugees who entered the United States after October 1, 1979, in which the enrollment of Indochinese students (including secondary migrants) is greater than 2,000, and who comprise no less than 20 percent of the overall school enrollment in such a locality with a general population of no less than 75,000 persons: <proviso><i>Provided</i>, That the amount provided herein shall be derived by transfer from funds appropriated in Public Law 101–166 for Student Financial Assistance for carrying out activities authorized under part E, section 465 of the Higher Education Act, as amended.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>low income home energy assistance</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Low income home energy assistance”, $50,000,000 to remain available until October 31, 1990: <proviso><i>Provided</i>, That the Secretary shall obligate these funds on the basis of relative need to those States and other entities which promptly supplement their applications under the Act for the current fiscal year demonstrating both a substantial need for and the capacity to expend the additional funds.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/104/234">104 STAT. 234</page> <appropriations level="intermediate"><heading>Assistant Secretary for Human Development Services</heading> <appropriations level="small"><heading>human development services</heading> <content class="firstIndent1 fontsize10">For an additional amount for carrying out the Head Start Act, $165,685,000, which shall remain available until December 31, 1990. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF EDUCATION</heading> <appropriations level="small"><heading>school improvement programs</heading> <subheading>(including transfer of funds)</subheading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “School improvement programs”, $20,945,000, to remain available until September 30, 1991, of which $19,945,000 shall be to continue funding of existing School Dropout Demonstration programs as authorized under title VI, part A and $1,000,000 shall be for carrying out the Javits Gifted and Talented Education Program as authorized under title IV, part B of the Elementary and Secondary Education Act of 1965, as amended: <proviso><i>Provided</i>, That $2,520,000 of the amount provided herein shall be derived by transfer from funds appropriated in Public Law 100–436 for Student Financial Assistance for carrying out activities authorized by part E, section 465 of the Higher Education Act, as <sidenote><p class="firstIndent0 fontsize8">Indians.</p> <p class="firstIndent0 fontsize8">Hawaii.</p></sidenote>amended:</proviso> <proviso><i>Provided further</i>, That funds available under Public Law 101–164 for grants to States under the Drug-Free Schools and Communities Act shall also be available for Indian Youth under sections 5112(a)(2) and 5133, and for Hawaiian Natives under sections 5112(a)(3) and 5134.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>education for the handicapped</heading> <content class="firstIndent1 fontsize10">Funds appropriated under section 619 of the Education of the Handicapped Act for fiscal year 1989 shall remain available for obligation by States through September 30, 1992. </content> </appropriations> </appropriations> <appropriations level="major"><heading>RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>National Commission on Children</heading> <content class="firstIndent1 fontsize10">For an additional amount for the National Commission on Children established by section 9136 of Public Law 100–203, $400,000, which shall remain available until expended. </content> </appropriations> </appropriations> </chapter> <chapter> <num value="VI">CHAPTER VI</num> <heading class="centered">RURAL DEVELOPMENT, AGRICULTURE, AND RELATED AGENCIES</heading> <appropriations level="major"><heading>DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"><heading>Cooperative State Research Service</heading> <chapeau class="firstIndent1 fontsize10">Of the $6,004,000 provided in Public Law 101–161 for higher education grants under section 1417(a) of Public Law 95–113, as amended (7 U.S.C. 3152(a)), $250,000 is transferred to Federal Administration for the necessary expenses of Cooperative State <page identifier="/us/stat/104/235">104 STAT. 235</page>Research Service activities, including coordination and program leadership for higher education work of the Department. </chapeau> </appropriations> <appropriations level="intermediate"><heading>Animal and Plant Health Inspection Service</heading> <content class="firstIndent1 fontsize10">For an additional amount for expenses for the Animal and Plant Health Inspection Service, $8,000,000, to remain available until expended. </content> </appropriations> <appropriations level="intermediate"><heading>Food Safety and Inspection Service</heading> <content class="firstIndent1 fontsize10">For an additional amount for necessary expenses to carry on services authorized by the Federal Meat Inspection Act, as amended, and the Poultry Products Inspection Act, as amended, $4,400,000: <proviso><i>Provided</i>, That none of the funds appropriated or otherwise made available by the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1990, Public Law 101–161, shall be used to pay the salaries of personnel who carry out an export enhancement program if the aggregate amount of funds and/or commodities under such program exceeds $553,000,000.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <appropriations level="small"><heading>administrative and operating expenses</heading> <content class="firstIndent1 fontsize10">For an additional amount for administrative and operating expenses, as authorized by the Federal Crop Insurance Corporation Act, as amended (7 U.S.C. 1516), $15,000,000: <proviso><i>Provided</i>, That these funds shall be available only to the extent an official budget request, for a specific dollar amount, is transmitted to the Congress.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Food and Nutrition Service</heading> <appropriations level="small"><heading>commodity supplemental food program</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for necessary expenses of 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)), $3,100,000. </chapeau> </appropriations> <appropriations level="small"><heading>food stamp program</heading> <content class="firstIndent1 fontsize10">For an additional amount for necessary expenses to carry out the Food Stamp Act (7 U.S.C. 2011–2027, 2028, 2029), $1,200,000,000, which shall be available only to the extent an official budget request, for a specific dollar amount, is transmitted to the Congress, of which $135,000,000 shall be placed in reserve to be used only to the extent that such amount is required during the current fiscal year to meet program requirements. </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH AND HUMAN SERVICES</heading> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <content class="firstIndent1 fontsize10">For an additional amount for generic drug activities of the Food and Drug Administration under section 505(j) of the Food, Drug, and Cosmetic Act, $13,900,000. </content> </appropriations> </appropriations> <page identifier="/us/stat/104/236">104 STAT. 236</page> <appropriations level="major"><heading>INDEPENDENT AGENCY</heading> <appropriations level="small"><heading>Commodity Futures Trading Commission</heading> <content class="firstIndent1 fontsize10">For an additional amount for necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), $2,000,000. </content> </appropriations> </appropriations> </chapter> <chapter> <num value="VII">CHAPTER VII</num> <heading class="centered">DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES</heading> <appropriations level="major"><heading>DEPARTMENT OF VETERANS AFFAIRS</heading> <appropriations level="intermediate"><heading>Veterans Benefits Administration</heading> <appropriations level="small"><heading>compensation and pensions</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Compensation and pensions”, $190,000,000, to remain available until expended. </chapeau> </appropriations> <appropriations level="small"><heading>loan guaranty revolving fund</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Loan guaranty revolving fund”, $245,000,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Veterans Health Service and Research Administration</heading> <appropriations level="small"><heading>medical care</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Medical care”, $94,000,000: <proviso><i>Provided</i>, That, notwithstanding any other provision of law, not less than $7,227,000,000 of the sums appropriated under this heading in fiscal year 1990 shall be available only for expenses in the personnel compensation and benefits object classifications.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>medical administration and miscellaneous operating expenses</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Medical administration and miscellaneous operating expenses”, $1,300,000, to be derived by transfer from “Construction, minor projects”. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Departmental Administration</heading> <appropriations level="small"><heading>general operating expenses</heading> <content class="firstIndent1 fontsize10">Of the sum appropriated under this heading for fiscal year 1990, the amount available for expenses of travel is increased by $1,000,000. </content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/104/237">104 STAT. 237</page> <appropriations level="major"><heading>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"><heading>Housing Programs</heading> <appropriations level="small"><heading>housing for the elderly or handicapped fund</heading> <chapeau class="firstIndent1 fontsize10">Of the amount provided for direct loan obligations under this head in title II, Public Law 101–144 (103 Stat. 839, 847), and subject to the provisos under that head, any part of such amount that is not obligated during fiscal year 1990 may be used for direct loan obligations thereafter. </chapeau> </appropriations> <appropriations level="small"><heading>payments for operation of low-income housing projects</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Payments for operation of low-income housing projects’’, $72,000,000, to remain available until September 30, 1991: <proviso><i>Provided</i>, That such amount shall be derived by transfer from “Annual contributions for assisted housing”, and the amount specified for the section 8 moderate rehabilitation program in the first proviso under that head in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 1014) shall be reduced by such amount.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Community Planning and Development</heading> <appropriations level="small"><heading>community development grants</heading> <subheading>(including transfer of funds)</subheading> <chapeau class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Notwithstanding the repeal of section 107(b)(3) of the Housing and Community Development Act of 1974 by section 105(b) of the Department of Housing and Urban Development Reform Act of 1989, funds appropriated under the Community Development Grants heading of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, pursuant to such section 107 shall be available for grants to Indian tribes.</p> <p class="firstIndent1 fontsize10">The paragraph under this head in title II of Public Law 101–144 (approved November 9, 1989) (103 Stat. 839, 849–850) is hereby amended by inserting, immediately before the final colon in the third proviso, a semicolon and the following: “<quotedText>and the amounts set forth for the 27 projects and purposes specified at page 19 (other than those three projects specified in this and the immediately preceding proviso) and for the first 10 projects specified on page 20, of the Joint Explanatory Statement of the Committee of Conference on H.R. 2916 (House Report 101–297), shall be made available for such projects and purposes</quotedText>”.</p> <p class="firstIndent1 fontsize10">The amount to be derived by transfer from the urban development action grants account to this head under Public Law 101–144 shall include all unobligated balances available at the end of fiscal year 1989: <proviso><i>Provided</i>, That such unobligated balances shall be made available for purposes authorized by section 106 of the Housing and Community Development Act of 1974:</proviso> <proviso><i>Provided further</i>, That those amounts that are required to fund urban development action grant projects which have received preliminary approval in accordance with regulations promulgated by the Department of Housing and Urban Development shall not be transferred:</proviso> <proviso><i>Provided further</i>, That <page identifier="/us/stat/104/238">104 STAT. 238</page> the Secretary of Housing and Urban Development shall withhold from the amount subject to transfer such funds as may be necessary to comply with orders of United States Courts which direct the Secretary to set aside funds for possible future approval of 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).</proviso></p> <p class="firstIndent1 fontsize10">Of the amount that otherwise would be available under this head under Public Law 101–144 for technical assistance activities to be allocated at the discretion of the Secretary, under section 107(b)(4) of the Housing and Community Development Act of 1974, $14,000,000 shall be made available under section 106 of such Act.</p> </chapeau> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Section 17(f) of the United States Housing Act of 1937 (42 U.S.C. 1437o(f) is amended by inserting after “<quotedText>or City of New York</quotedText>” the following: “<quotedText>or State of Vermont</quotedText>”.</p> <p class="firstIndent1 fontsize10">Section 17(d)(4)(G) of the United States Housing Act of 1937 shall not be applicable to the Beechwood Towers Housing Development Grant project, number PA008HG401, through December 31, 1990, and any cancellation of the grant resulting from the application of section 17(d)(4)(G) prior to December 31, 1990, shall be rescinded and the grant restored to the project.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>American Battle Monuments Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for necessary expenses, $500,000, to remain available until expended. </chapeau> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Environmental Protection Agency</heading> <appropriations level="small"><heading>abatement, control, and compliance</heading> <chapeau class="firstIndent1 fontsize10">For an additional amount for “Abatement, control, and compliance”, $1,800,000, to remain available until September 30, 1991: <proviso><i>Provided</i>, That of the funds appropriated under this head in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101–144), $500,000 shall be available for a lead storage battery recycling pilot project for the State of New Jersey, to remain available until expended.</proviso> </chapeau> </appropriations> <appropriations level="small"><heading>construction grants</heading> <content class="firstIndent1 fontsize10">The last proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t33/s1384">33 USC 1384 note</ref>.</p></sidenote>Agencies Appropriations Act, 1990 (Public Law 101–144) is amended by inserting “<quotedText>heretofore, herein or hereafter</quotedText>” after the word “<quotedText>sums</quotedText>” and “<quotedText>, and sums appropriated in fiscal year 1989 shall remain available for obligation until September 30, 1992</quotedText>” after the word “<quotedText>entities</quotedText>”, and by striking the words “<quotedText>Trust Territory</quotedText>” and inserting the word “<quotedText>Republic</quotedText>” before the words “<quotedText>of Palau</quotedText>”. </content> </appropriations> </appropriations> <page identifier="/us/stat/104/239">104 STAT. 239</page> <appropriations level="intermediate"><heading>National Aeronautics and Space Administration</heading> <appropriations level="small"><heading>research and program management</heading> <subheading>(transfers of funds)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Research and program management”, $32,970,000, of which $18,000,000 shall be derived by transfer from “Research and development” and $14,970,000 shall be derived by transfer from “<quotedText>Space flight, control, and data communications</quotedText>”. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Commission on American Indian, Alaska Native, and Native Hawaiian Housing</heading> <appropriations level="small"><heading>salaries and expenses</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For necessary expenses of the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing, in carrying out their functions under title VI of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235, 103 Stat. 1987, 2052) $500,000, to remain available until expended, to be derived by transfer from amounts provided under the head “Annual contributions for assisted housing”, and earmarked for modernization of existing public housing projects pursuant to section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371), in Public Law 101–144 (approved November 9, 1989, 103 Stat. 839, 844). </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Commission on Severely Distressed Public Housing</heading> <appropriations level="small"><heading>salaries and expenses</heading> <subheading>(transfer of funds)</subheading> <content class="firstIndent1 fontsize10">For necessary expenses of the National Commission on Severely Distressed Public Housing, in carrying out their functions under title V of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235, 103 Stat 1987, 2048) $2,000,000, to remain available until expended, to be derived by transfer from amounts provided under the head “Annual contributions for assisted housing”, and earmarked for modernization of existing public housing projects pursuant to section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371), in Public Law 101–144 (approved November 9, 1989, 103 Stat. 839, 844). </content> </appropriations> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/104/240">104 STAT. 240</page> <chapter> <num value="VIII">CHAPTER VIII</num> <heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>National Highway Traffic Safety Administration</heading> <appropriations level="small"><heading>highway traffic safety grants</heading> <subheading>(liquidation of contract authorization)</subheading> <subheading>(highway trust fund)</subheading> <content class="firstIndent1 fontsize10">For payment of additional obligations incurred carrying out the provisions of 23 U.S.C. 408, to remain available until expended, $5,000,000, to be derived from the Highway Trust Fund: <proviso><i>Provided</i>, That none of the funds in this Act or any other appropriations Act for fiscal year 1990 shall be available for the planning or execution of programs the total obligations for which are in excess of $15,967,000 for “Alcohol safety incentive grants” authorized under 23 U.S.C. 408.</proviso> </content> </appropriations> </appropriations> </chapter> <chapter> <num value="IX">CHAPTER IX</num> <heading class="centered">DISTRICT OF COLUMBIA</heading> <appropriations level="intermediate"><heading>District of Columbia Funds</heading> <heading>Governmental Direction and Support</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Governmental direction and support</quotedText>”, $99,000: <proviso><i>Provided</i>, That of the funds appropriated under this heading for fiscal year 1990 in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1268 to 1269), $3,317,000 are rescinded for a net decrease of $3,218,000.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Economic Development and Regulation</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Economic development and regulation</quotedText>”, $50,000: <proviso><i>Provided</i>, That of the funds appropriated under this heading for fiscal year ending September 30, 1990, in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1269), $10,498,000 are rescinded for a net decrease of $10,448,000.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Public Safety and Justice</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Public safety and justice</quotedText>”, $7,750,000: <proviso><i>Provided</i>, That of the funds appropriated under this heading for fiscal year 1990 in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat.</proviso> 1269 to 1271), $2,739,000 are rescinded for a net increase of $5,011,000: <proviso><i>Provided further</i>, That of the $50,000,000 previously appropriated under the heading “Criminal Justice Initiative”, <page identifier="/us/stat/104/241">104 STAT. 241</page>$10,000,000 shall be paid to the District of Columbia government to pay amounts due to the Federal Bureau of Prisons and State governments and facilities for the housing of District of Columbia Code violators:</proviso> <proviso><i>Provided further</i>, That by November 30, 1990, the District of Columbia government shall pay $10,000,000 (from current operating revenues collected during fiscal year 1991 and not from the proceeds of borrowed funds) to the United States Treasury, and such payment shall be credited to and be available for the purposes of the “Criminal Justice Initiative” for the construction of the Correctional Treatment Facility:</proviso> <proviso><i>Provided further</i>, That no actions taken pursuant to any of the provisions of this heading may be carried out in a manner that will delay the construction of such Correctional Treatment Facility.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Public Education System</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Public education system”, $3,461,000, including $2,682,000 for the D.C. Public Schools and $779,000 for the Public Library: <proviso><i>Provided</i>, That of the funds appropriated under this heading for the fiscal year ending September 30, 1990, in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1271), $7,882,000 for the D.C. Public Schools, $730,000 for the University of the District of Columbia, $779,000 for the Public Library, $643,000 for the Commission on the Arts and Humanities, and $10,000 for the Education Licensure Commission are rescinded for a net decrease of $6,583,000.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Human Support Services</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Human support services”, $4,840,000: <proviso><i>Provided</i>, That $640,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation:</proviso> <proviso><i>Provided further</i> That of the funds appropriated under this heading for fiscal year 1990 in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1271), $10,245,000 are rescinded for a net decrease of $5,405,000.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Public Works</heading> <subheading>(rescission)</subheading> <chapeau class="firstIndent1 fontsize10">Of the funds appropriated under this heading for the fiscal year ending September 30, 1990, in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1271 and 1272), $8,810,000 are rescinded: <proviso><i>Provided</i>, That none of the funds contained in this Act or any other Act shall be obligated or expended by the District of Columbia government to remove the safety fences at the Duke Ellington Memorial Bridge until—</proviso></chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><content>the Mayor’s Agent, following an evidentiary determination, has found that the evidence indicates that the circumstances have changed to nullify the 1987 findings of the <page identifier="/us/stat/104/242">104 STAT. 242</page>Mayor’s Agent, HPA No. 87–377 (August 20, 1987), as to the benefits of the fences; and</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>the Mayor has provided a detailed statement to the Committees on Appropriations of the House of Representatives and the Senate explaining the basis for the decision to remove the safety fences.</content> </subsection> </appropriations> <appropriations level="intermediate"><heading>Washington Convention Center Fund</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Washington Convention Center Fund”, $2,993,000. </content> </appropriations> <appropriations level="intermediate"><heading>Repayment of Loans and Interest</heading> <content class="firstIndent1 fontsize10">Of the funds appropriated under this heading for fiscal year ending September 30, 1990 in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1272), $12,336,000 are rescinded. </content> </appropriations> <appropriations level="intermediate"><heading>Short-Term Borrowings</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Short-term borrowings’’, $3,349,000. </content> </appropriations> <appropriations level="intermediate"><heading>Optical and Dental Benefits</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Optical and dental benefits”, $543,000. </content> </appropriations> <appropriations level="intermediate"><heading>Energy Adjustment</heading> <content class="firstIndent1 fontsize10">The paragraph under the heading “Energy Adjustment” in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1273), is hereby repealed. </content> </appropriations> <appropriations level="intermediate"><heading>Equipment Adjustment</heading> <content class="firstIndent1 fontsize10">The paragraph under the heading “Equipment Adjustment” in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1273), is hereby repealed. </content> </appropriations> <appropriations level="intermediate"><heading>Personal Services Adjustment</heading> <content class="firstIndent1 fontsize10">The paragraph under the heading “Personal Services Adjustment” in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1273), is hereby repealed. </content> </appropriations> <appropriations level="intermediate"><heading>Supply, Energy, and Equipment Adjustments</heading> <content class="firstIndent1 fontsize10">The Mayor shall reduce authorized supply, energy, and equipment appropriations and expenditures within object classes 20 (supplies), 30a (energy), and 70 (equipment) in the aggregate amount of $5,000,000 within one or several of the various appropriation headings in this chapter: <proviso><i>Provided</i>, That notwithstanding any other provision of law, such reductions shall not be allocated to any activities or programs of the Metropolitan Police Department.</proviso> </content> </appropriations> <page identifier="/us/stat/104/243">104 STAT. 243</page> <appropriations level="intermediate"><heading>Capital Outlay</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Capital outlay”, $79,802,000, to remain available until expended: <proviso><i>Provided</i>, That $27,915,000 of prior year authority is rescinded for a net increase of $51,887,000:</proviso> <proviso><i>Provided further</i>, That $2,362,000 shall be available for project management and $2,116,000 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.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Water and Sewer Enterprise Fund</heading> <subheading>(including rescission)</subheading> <content class="firstIndent1 fontsize10">For an additional amount for “Water and sewer enterprise fund”, $12,026,000: <proviso><i>Provided</i>, That of the funds appropriated under this heading for fiscal year 1990 in the District of Columbia Appropriations Act, 1990, approved November 21, 1989 (Public Law 101–168; 103 Stat. 1274), $17,680,000 are rescinded, including $697,000 for debt service and $13,951,000 for pay-as-you-go capital, for a net decrease of $5,654,000.</proviso> </content> </appropriations> </chapter> <chapter> <num value="X">CHAPTER X</num> <heading class="centered">EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Office of Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">Funds appropriated under this heading in the Treasury, Postal Service and General Government Appropriations Act, fiscal year 1990, Public Law 101–136, for the White House Conference on Indian Education shall remain available until expended. </content> </appropriations> </appropriations> <appropriations level="major"><heading>FUNDS APPROPRIATED TO THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Unanticipated Needs for Natural Disasters</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Unanticipated Needs for Natural Disasters”, $5,000,000, to remain available until expended, to enable the President to meet unanticipated needs arising from natural disasters occurring on March 13, 1990: <proviso><i>Provided</i>, That, notwithstanding any other provision of law, not less than $2,500,000 of such additional amount shall be available to meet disaster assistance needs in the State of Nebraska, and not less than $2,500,000 shall be available to meet disaster assistance needs in the State of Kansas.</proviso> </content> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/104/244">104 STAT. 244</page> <chapter> <num value="XI">CHAPTER XI</num> <heading class="centered">LEGISLATIVE BRANCH</heading> <appropriations level="intermediate"><heading>U.S. Senate</heading> <appropriations level="small"><heading>payments to widows and heirs of deceased members of congress</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent0 fontsize8">Helene H. Matsunaga.</p></sidenote>For a payment to Helene H. Matsunaga, widow of Spark M. Matsunaga, late a Senator from Hawaii, $98,400. </content> </appropriations> </appropriations> </chapter> <num value="III">TITLE III—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><content>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><content>The proviso under the heading “Department of the Interior, Bureau of Land Management, Firefighting” in Public Law <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/701">103 Stat. 701</ref>.</p></sidenote>101–121 is amended by inserting “<quotedText>full</quotedText>” before the word “repayment” in the proviso, and by inserting at the end thereof “<quotedText>prior to the expenditure of any of such funds for any other purposes</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec.</inline> 303. </num><content>In Public Law 101–148, Military Construction Appropriations Act, 1990, the last proviso under “Military Construction, <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/921">103 Stat. 921</ref>.</p></sidenote>Defense Agencies” is hereby repealed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec.</inline> 304. </num><content>Notwithstanding any other provision of law, all projects contained in the State list included in House Report 101–307, for which funds were appropriated in Public Law 101–148, are hereby authorized for appropriations and for construction or execution.</content> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec.</inline> 305. </num><content>None of the funds provided in this Act shall be provided to any nation where it is made known to the President that the nation is providing military or economic assistance to Cuba.</content> </section> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec.</inline> 306. </num><content>Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1038">103 Stat. 1038</ref>.</p></sidenote>1990 (Public Law 101–162) is amended by adding the following subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num><content>The term ‘export license applications’ includes requests for approval of technical assistance agreements or services that would serve to facilitate launch of such satellites.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec.</inline> 307. </num><content>None of the funds appropriated by this or any other Act with respect to any fiscal year for contractural services support of the United States Antarctic Program may be obligated for procurement of a multibeam bathymetric sonar mapping system manufactured outside of the United States: <proviso><i>Provided</i>, That not to exceed $2,400,000 shall be available for the total cost of such procurement, including software:</proviso> <proviso><i>Provided further</i>, That this section shall not be applicable to any procurement covered by the GATT Agreement on Government Procurement.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec.</inline> 308. </num><sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1094">103 Stat. 1094</ref>.</p></sidenote><content>Section 319 of Public Law 101–164 is amended by inserting “<quotedText>training, salaries</quotedText>” after the word “<quotedText>reports</quotedText>”; inserting the words “<quotedText>including site acquisition, construction and equipment</quotedText>” after the word “expenses”; and inserting the word “<quotedText>grants</quotedText>” after the word “contracts”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec.</inline> 309. </num><content>Notwithstanding any other provision of law, within 60 days of enactment, the Secretary of Transportation is directed to make available to the Tri-County Metropolitan Transportation District of Oregon, $13,500,000 in funds previously appropriated for the <page identifier="/us/stat/104/245">104 STAT. 245</page> acquisition of land in Gresham, Oregon, for the joint development project called “Project Break-Even”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec.</inline> 310. </num><content>Funds appropriated under Public Law 101–164, the Department of Transportation and Related Agencies Appropriations Act, 1990, for Highway Demonstration Projects involving railroad overpasses in Las Vegas, New Mexico, may be used for construction: <proviso><i>Provided</i>, That for loans to the Chicago, Missouri and Western<sidenote><p class="firstIndent0 fontsize8">Loans.</p></sidenote> Railroad, or its successors, authorized in Public Law 101–164, $3,500,000:</proviso> <proviso><i>Provided further</i>, That such loans shall be made available no later than thirty days after enactment of this Act.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec.</inline> 311. </num><content>Of the funds appropriated in section 108(d) of Public Law 101–130 and remaining available for obligation as of April 16, 1990, $4,700,000 shall be made available to the Forest Service for “Forest Research”, $6,900,000 to the Forest Service for “State and Private Forestry”, and $4,440,000 to the Forest Service for “National Forest System”: <proviso><i>Provided</i>, That $15,153,000 of remaining unobligated balances appropriated in section 108(d) of said law and which are not needed under the provisions of this Act are hereby rescinded.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">Sec.</inline> 312. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">Section 802(b)(1) of the Arizona-Idaho Conservation Act of 1988 is amended to read as follows:<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t40/s188a/1">40 USC 188a–1</ref>.</p> <p class="firstIndent0 fontsize8">Gifts and property.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in consultation with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity consulted;”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><chapeau class="inline">Section 803(b) of the Arizona-Idaho Conservation Act of 1988 is<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t40/s188a/2">40 USC 188a–2</ref>.</p></sidenote> amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>subject</quotedText>” and all that follows through “<quotedText>respectively</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2) by inserting “subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, after “<quotedText>(2)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><content>Section 8(c) of the Bicentennial of the United States Congress Commemorative Coin Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><heading class="smallCaps">Report Required.—</heading> <content>The Commission shall submit an annual<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t31/s5112">31 USC 5112 note</ref>.</p></sidenote> report of expenditures to the Congress.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="313"><inline class="smallCaps">Sec.</inline> 313. </num> <subsection class="inline"> <num value="a">(a) </num><content>The supervision and jurisdiction of the United States Capitol Police shall extend over any area with respect to which the Architect of the Capitol has contracted, or otherwise entered into an agreement, for parking space in the Union Station parking garage to accommodate personnel of the United States Senate whose parking privileges have been affected by the construction of the Judiciary Annex Building, and over any area and streets necessary to carry out such supervision and to travel between such parking area and the United States Capitol Grounds.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>In carrying out such supervision, the United States<sidenote><p class="firstIndent0 fontsize8">Law enforcement and crime.</p> <p class="firstIndent0 fontsize8">District of Columbia.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t40/s212a">40 USC 212a note</ref>.</p></sidenote> Capitol Police shall have, within any such area or street, jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for such personnel and property of such personnel and of the United States Senate within such area or street, and to make arrests for the violation of the laws and regulations of the United States and the District of Columbia. </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><content>The provisions of subsections (a) and (b) shall be effective only during the period that there is in effect a contract or other agreement as referred to in subsection (a). </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="314"><inline class="smallCaps">Sec.</inline> 314. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">Section 101 of the Supplemental Appropriations Act, 1977 (2 U.S.C. 61h–6) is amended—</chapeau> <page identifier="/us/stat/104/246">104 STAT. 246</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(a)</quotedText>” immediately after “<quotedText>Sec. 101.</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection:\ <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><content>The Majority Leader, the Minority Leader, and the President pro tempore of the Senate, in appointing individuals to consultant positions under authority of this section, may appoint one such individual to such position at an annual rate of compensation rather than at a daily rate of compensation, but such annual rate shall not be in excess of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Effective date.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t2/s61h/6">2 USC 61h–6 note</ref>.</p> <p class="firstIndent0 fontsize8">Gifts and property.</p> <p class="firstIndent0 fontsize8">Poland.</p></sidenote><content>The amendments made by this section shall be effective in the case of appointments made after the date of enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="315"><inline class="smallCaps">Sec.</inline> 315. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">Consistent with the purposes of Senate Concurrent Resolution 74 of the 101st Congress (agreed to October 26, 1989), and until October 1, 1992, the Sergeant at Arms and Doorkeeper of the Senate, upon the approval of the Committee on Rules and Administration of the Senate, from funds authorized to be expended by subsection (b) of this section, is authorized to provide for the donation of equipment and training to the Senat and Sejm of Poland by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>purchasing and donating new equipment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>donating used or surplus equipment of the United States Senate, notwithstanding section 103 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 117b);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>arranging for the preparation, delivery, installation, servicing, modification, and adjustment of, and the training, accessories, and supplies for any items donated under paragraphs (1) and (2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>replacing in the United States Senate used or surplus equipment that is donated under paragraph (2); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>conducting such other transactions as necessary to carry out the purposes of section 2(c) of Senate Concurrent Resolution 74 of the 101st Congress.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>Of the unexpended and unobligated funds in the appropriation account for the Sergeant at Arms and Doorkeeper of the Senate within the contingent fund of the Senate which were appropriated for fiscal years prior to October 1, 1989, not more than $1,500,000 shall be available to the Sergeant at Arms and Doorkeeper of the Senate to carry out the provisions of subsection (a).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="316"><inline class="smallCaps">Sec.</inline> 316. </num> <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t40/s188b/6">40 USC 188b–6</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>Effective with the fiscal year ending September 30, 1990, and each fiscal year thereafter, subject to the approval of the Committee on Appropriations of the Senate, any unexpended and unobligated funds in the appropriation account for the “Secretary of the Senate” within the contingent fund of the Senate which have not been withdrawn in accordance with the paragraph under the heading “General Provisions” of Chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 102a), shall be available for the expenses incurred, without regard to the fiscal year in which incurred, for the conservation, restoration, and replication or replacement, in whole or in part, of items of art, fine art, and historical items within the Senate wing of the United States Capitol, any Senate Office Building, or any room, corridor, or other space therein. In the case of replication or replacement of such items, the funds available under this subsection shall be available for any such items previously contained within the Senate wing of the Capitol, or an item historically accurate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>All such items of art referred to in subsection (a) shall be known as the “United States Senate Collection”.</content> </subsection> <page identifier="/us/stat/104/247">104 STAT. 247</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><content>Disbursements for expenses incurred for the purposes in subsection (a) shall be made upon vouchers approved by the Chairman of the Senate Commission on Art or the Executive Secretary of the Senate Commission on Art.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="317"><inline class="smallCaps">Sec.</inline> 317. </num><chapeau class="inline">Subsection (a) of section 3 of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 68–6(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>during any fiscal year,</quotedText>” and inserting in lieu thereof “<quotedText>during any fiscal year (1)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>, and</quotedText>” and inserting in lieu thereof “<quotedText>, and (2) from the Senate appropriations account, appropriated under the headings ‘Salaries, Officers and Employees’ and ‘Office of the Secretary’ to 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; and</quotedText>”. </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="318"><inline class="smallCaps">Sec</inline>. 318. </num><content>None of the funds appropriated or otherwise made available to the Department of the Treasury by this or any other Act shall be obligated or expended to contract out positions in, or downgrade the position classifications of, members of the United States Mint Police Force or the Bureau of Engraving and Printing Police Force, or for studying the feasibility of contracting out such positions. </content> </section> <section class="firstIndent1 fontsize10"> <num value="319"><inline class="smallCaps">Sec.</inline> 319. </num><content class="inline"> <p class="inline">The Secretary of the Army is directed to execute a local<sidenote><p class="firstIndent0 fontsize8">Contracts.</p> <p class="firstIndent0 fontsize8">Mississippi.</p></sidenote> cooperation agreement prior to July 1, 1990, for construction of a modification of the existing Gulfport Harbor Project in Mississippi as authorized by the Supplemental Appropriations Act, 1985 (Public Law 99–88), section 202(a) of the Water Resources Development Act of 1986 (Public Law 99–662), and section 4(n) of the Water Resources Development Act of 1988 (Public Law 100–676).</p> <p class="firstIndent1 fontsize10">Within available funds, the Secretary of the Interior is authorized to obligate up to $12,000,000 to initiate safety of dams modifications at Mormon Island Auxiliary Dam (Folsom Dam and related facilities) of the Central Valley Project, California, authorized under Public Law 95–578, as amended, absent the transmission of the report described in the proviso of section 5 of Public Law 95–578, as amended.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="320"><inline class="smallCaps">Sec.</inline> 320. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">The following provisions of law are repealed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 614 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162).<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1040">103 Stat. 1040</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 302 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246).<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2877a">22 USC 2877a</ref>.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num><content>Section 127(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended by<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 29.</p></sidenote> striking out “<quotedText>February 3, 1990</quotedText>” and inserting in lieu thereof “<quotedText>120 days after the date of enactment of this Act</quotedText>”. </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 153(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, is amended by striking out “<quotedText>January 1,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s2656">22 USC 2656 note</ref>.</p></sidenote> 1990</quotedText>” and inserting in lieu thereof “<quotedText>January 1, 1991</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 161(a) of that Act is amended in the second sentence by<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t22/s4171">22 USC 4171 note</ref>.</p></sidenote> striking out “<quotedText>February 1, 1990,</quotedText>” and inserting in lieu thereof “<quotedText>120 days after the date of enactment of this Act</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 162 of that Act is amended by striking out “<quotedText>December<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 47.</p></sidenote> 31, 1989</quotedText>” and inserting in lieu thereof “<quotedText>120 days after the date of enactment of this Act</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 1005(b)(2) of that Act is amended by striking out “<quotedText>by<sidenote><p class="firstIndent0 fontsize8"><i>Ante</i>, p. 87.</p></sidenote> December 31, 1989</quotedText>” and inserting in lieu thereof “<quotedText>not later than 120 days after the date of enactment of this Act</quotedText>”.</content> </paragraph> </subsection> <page identifier="/us/stat/104/248">104 STAT. 248</page> <subsection class="indent0 fontsize10"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num><chapeau class="inline">Section 506(a) of part E of title I of the Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3756(a)), as amended by the third proviso under the heading “<quotedText>Organized Crime Drug Enforcement</quotedText>” of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162) and by section 212 of Public Law 101–162, is further amended—</chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">(A) </num><content>in the text above paragraph (1), by inserting “<quotedText>required</quotedText>” after “<quotedText>setting aside the amount</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">(B) </num><content>in paragraph (1), by striking out “<quotedText>0.4 percent</quotedText>” and inserting in lieu thereof “<quotedText>$500,000 or 0.25 percent, whichever is greater,</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Title V of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 <sidenote><p class="firstIndent0 fontsize8"><ref href="/us/stat/103/1029">103 Stat. 1029</ref>.</p></sidenote>(Public Law 101–162) is amended under the heading “<quotedText>Educational and Cultural Exchange Programs</quotedText>” of the United States Information Agency by striking out “<quotedText>$160,300,000</quotedText>” and inserting in lieu thereof “<quotedText>$156,506,000</quotedText>”.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="321"><inline class="smallCaps">Sec.</inline> 321. </num><chapeau class="inline">Commercial Aspects of United States Foreign Assistance.—</chapeau> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">The Secretary of Commerce, after consulting with the Administrator of the Agency for International Development, the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Treasury, the Secretary of State, other appropriate agencies of the United States Government, and United States business organizations, shall conduct a study which examines and explores the foreign assistance programs currently engaged in by the United States Government and major international financing programs of the United States Government, through the Agency for International Development and other appropriate departments and agencies of the United States Government and explores mechanisms and ways by which the international economic competitiveness of the United States may be enhanced through such programs. In undertaking this study, the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>examine the foreign assistance and major financing programs of Japan, West Germany, France, the United Kingdom, and such other international aid donors as the Secretary may designate, for the purpose of determining what mechanisms are in use to tie foreign assistance to, and advance the industrial and commercial interests of, the donor nations, in particular, the programs currently being engaged in and planned by such countries in the Eastern European countries of East Germany, Poland, Czechoslovakia, and Hungary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>determine, as far as possible, for each of fiscal years 1989 and 1990, and requested for fiscal year 1991, the dollar amounts and percentages of current United States programs which support United States business investment, exports, or other business-related activities, and shall compare that assessment with a similar assessment made for each of the other international aid donors examined by this study, on a region-by-region basis, with particular attention paid to the comparable efforts in the Eastern European countries referred to in paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote><content>Not later than September 20, 1990, the Secretary of Commerce shall prepare and transmit to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives, a report setting forth the findings of the study conducted under subsection (a).</content> </subsection> </section> <page identifier="/us/stat/104/249">104 STAT. 249</page> <section class="firstIndent1 fontsize10"> <num value="322"><inline class="smallCaps">Sec.</inline> 322. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">Notwithstanding any other provision of law, up to $5,000,000 of the total amount of funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), which funds were—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appropriated by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>otherwise made available through the exercise of the authority contained in section 515 of that Act, may be made available to the President to provide emergency assistance through international relief agencies to children within Cambodia.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content class="inline"> <p class="inline">None of the funds made available pursuant to subsection (a) may be made available, directly or indirectly, for the Khmer Rouge.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Dire Emergency Supplemental Appropriations for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990</shortTitle>”.</p> </content> </subsection> </section> Approved May 25, 1990.
LEGISLATIVE HISTORY—H.R. 4404: HOUSE REPORTS: No. 101–434 (Comm. on Appropriations) and No. 101–493 (Comm. of Conference). SENATE REPORTS: No. 101–272 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 3, considered and passed House.

Apr. 25–27, 30, May 1, considered and passed Senate, amended.

May 24, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments; and disagreed to another. Senate agreed to conference report; concurred in House amendments; and receded from amendment No. 24.

 Public Law 101–303: To amend title 5, United States Code, to allow Federal annuitants to make contributions for health benefits through direct payments rather than through annuity withholdings if the annuity is insufficient to cover the required withholdings, and for other purposes. Public Law 303 Public Law 101–303 104 Stat. 250 1990-05-29 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 2025-06-19 101public 104 STAT. 250 Public Law 101–303 101st Congress
An Act To amend title 5, United States Code, to allow Federal annuitants to make contributions for health benefits through direct payments rather than through annuity withholdings if the annuity is insufficient to cover the required withholdings, and for other purposes.

May 29, 1990

[H.R. 1805]

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

Retirement.

Insurance.
SECTION 1. HEALTH BENEFITS. (a) Authority for Direct Payments.—Section 8906 of title 5, United States Code, is amended by adding at the end the following: “(i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant’s health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.”. (b) Technical and Conforming Amendments.—Section 8906 of title 5, United States Code, is further amended— (1) in subsection (c), by inserting “except as provided in subsection (i) of this section)” before “the annuity”; and (2) in subsection (d), by inserting “(except as provided in subsection (i) of this section)” before “from the annuity”. (c)

5 USC 8906 note.

 Effective Date.—The amendments made by this section shall take effect on the date of enactment of this Act. Any annuitant whose enrollment was terminated at any time before such date on account of such annuitant’s annuity being insufficient to cover the amount of the required withholdings may, under regulations prescribed by the Office of Personnel Management, be prospectively reinstated in any available health benefits plan upon application of the annuitant.
SEC. 2. TECHNICAL CORRECTION IN LIFE INSURANCE PROVISIONS.Section 8708 of title 5, United States Code, is amended by adding at the end the following: “(d) (1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided under section 8706(b) of this title, a sum equal to one-half of the amount which is withheld from the employee’s annuity or compensation under section 8707 of this title shall be contributed by the Office from annual appropriations which are authorized to be made for that purpose and which may be made available until expended. “(2) Contributions under this subsection— 104 STAT. 251 “(A) shall not be made other than with respect to individuals who retire, or commence receiving compensation, after December 31, 1989; “(B) shall not be made with respect to any individual for months after the calendar month in which such individual becomes 65 years of age; and “(C) shall, in the case of any individual who elects coverage under subparagraph (B) of section 8706(b)(3) of this title, be equal to the amount which would apply under this subsection if such individual had instead elected coverage under subparagraph (A) of such section. “(3) The United States Postal Service shall pay the contributions required under this subsection with respect to any individual who— “(A) first becomes an annuitant by reason of retirement from employment with the United States Postal Service after December 31, 1989; or “(B) commences receiving compensation under subchapter I of chapter 81 of this title (because of disease or injury to the individual) after December 31, 1989, if the position last held by the individual before commencing to receive such compensation was within the United States Postal Service.”.
SEC. 3. REDUCTION IN AGE REQUIREMENT FOR WIDOWS AND WIDOWERS FOR RECEIVING CERTAIN COMPENSATION UNDER THE FEDERAL EMPLOYEES’ COMPENSATION SYSTEM. Chapter 81, of title 5, United States Code, is amended— (1) in section 8133(b)(1) by striking out “age 60” and inserting in lieu thereof “age 55”; and (2) in section 8135(b) by striking out “age 60” and inserting in lieu thereof “age 55”.
Approved May 29, 1990.
LEGISLATIVE HISTORY—H.R. 1805: HOUSE REPORTS: No. 101–327 (Comm. on Post Office and Civil Service). SENATE REPORTS: No. 101–272 (Comm. on Appropriations). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 6, considered and passed House.

Vol. 136 (1990): Apr. 26, considered and passed Senate, amended.

May 8, House concurred in certain Senate amendments, disagreed to another, and concurred in another with an amendment.

May 14, Senate receded and concurred in House amendment.

 Public Law 101–304: To redesignate the Federal building at 1800 5th Avenue, North in Birmingham, Alabama, as the “Robert S. Vance Federal Building and United States Courthouse”. Public Law 304 Public Law 101–304 104 Stat. 252 1990-05-29 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 2025-06-19 101public 104 STAT. 252 Public Law 101–304 101st Congress
An Act To redesignate the Federal building at 1800 5th Avenue, North in Birmingham, Alabama, as the “Robert S. Vance Federal Building and United States Courthouse”.

May 29, 1990

[H.R. 3961]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REDESIGNATION.The Federal building located at 1800 5th Avenue, North in Birmingham, Alabama, and known as the Federal Building and United States Courthouse, shall be known and designated as the “Robert S. Vance Federal Building and United States Courthouse”.
SEC. 2. REFERENCES.Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the “Robert S. Vance Federal Building and United States Courthouse”.
Approved May 29, 1990.
LEGISLATIVE HISTORY—H.R. 3961 (S. 2068): HOUSE REPORTS: No. 101–453 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 101–280 accompanying S. 2068 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed House.

May 9, S. 2068 considered and passed Senate.

May 10, H.R. 3961 considered and passed Senate; passage of S. 2068 vitiated.

May 14, Senate receded and concurred in House amendment.

 Public Law 101–305: To require the Secretary of Education to conduct a comprehensive national assessment of programs carried out with assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. Public Law 305 Public Law 101–305 104 Stat. 253 1990-05-30 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 2025-06-19 101public 104 STAT. 253 Public Law 101–305 101st Congress
An Act To require the Secretary of Education to conduct a comprehensive national assessment of programs carried out with assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965.

May 30, 1990

[H.R. 3910]

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

1992 National Assessment of Chapter 1 Act.

20 USC 236 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “1992 National Assessment of Chapter 1 Act”.
SEC. 2. NATIONAL ASSESSMENT OF PROGRAMS ASSISTED UNDER CHAPTER 1.

20 USC 2882 note.

 (a) National Assessment.— (1) General requirement.—The Secretary of Education, through the Deputy Under Secretary for Planning, Budget, and Evaluation and the Assistant Secretary of Educational Research and Improvement (in this section referred to as the “Assistant Secretary”), shall conduct a comprehensive national assessment of the effects of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (in this section referred to as “chapter 1”). (2) Independent review panel.—Such assessment shall be planned, reviewed, and conducted in consultation with an independent panel of researchers, State practitioners, local practitioners, and other appropriate individuals including individuals with a background in conducting congressionally mandated national assessments of chapter 1. The Federal Advisory Committee Act shall not apply to the establishment or operation of such panel. (3) Coordination with and use of existing studies.—Such assessment shall be coordinated with all related research conducted by the Secretary of Education. Nothing in this section shall be construed to limit or alter the authority of the Secretary to review other program aspects of chapter 1 not mandated by this section. (b) Contents of Assessment.—The assessment required by subsection (a) shall include descriptions and evaluations of— (1) the implementation of the provisions of sections 1019, 1020, 1021, and 1435 of chapter 1, including— (A) the progress made by State educational agencies and local educational agencies in implementing such sections; (B) procedures used by State educational agencies and local educational agencies to govern interactions between such agencies relating to the administration and coordination of the provisions of such sections; (C) program improvements undertaken by local educational agencies and State educational agencies under such sections and the effects of such improvements on 104 STAT. 254program participants with respect to the basic and more advanced skills that all children are expected to master; and (D) major programmatic accomplishments and problems and procedural accomplishments and problems caused by the implementation of such sections; (2) the implementation of section 1015 of chapter 1, including— (A) the number of school wide projects assisted under such section; (B) operational procedures used by the school wide projects assisted under such section, including an analysis of similarities and differences in procedures and programs among such projects in different States; (C) accomplishments and problems resulting from establishing school wide projects; (D) an analysis of the effectiveness of school wide projects as compared to other programs assisted under part A of chapter 1; and (E) a description of uses of funds in programs assisted in the implementation of school wide projects; (3) the overall operation and effectiveness of part A of chapter 1, including— (A) program participation, particularly— (i) allocation of funds to school sites and the factors involved in such allocation; (ii) recipients of services delivered with assistance under such part, including limited English proficient students; (iii) with respect to each local educational agency that receives assistance under such part (or a representative sample of such agencies for each State), the number of eligible children within the jurisdiction of such agency, the resources necessary to serve all such eligible children, and the school attendance of participants in programs assisted under such part; and (iv) the effect of the decennial census compiled by the Bureau of the Census in 1990 on the allocation of funding to local educational agencies, as well as counties; (B) program services and personnel, particularly— (i) services delivered with assistance under part A of chapter 1; and (ii) a comparison of the background and training of teachers and staff who conduct programs assisted under part A of chapter 1 and regular classroom teachers and staff; (C) program administration, particularly— (i) coordination with regular classroom activities and with other programs; (ii) the adequacy of standardized tests; and (iii) the effectiveness of parent involvement procedures in enhancing parental collaboration with schools and parent involvement in the children’s educational development; (D) program outcomes, particularly— 104 STAT. 255 (i) student achievement, as reflected by student attendance, behavior, grades, and other indicators of achievement; and (ii) the development of curricula that provides effective instruction in basic and more advanced skills that all children are expected to master; and (E) a national profile of the manner in which local educational agencies implement activities described in the plans included in their applications submitted to the Secretary under section 1056 of chapter 1; (4) the implementation of section 1017 of chapter 1; (5) the operation and effectiveness of Even Start projects carried out under part B of chapter 1; and (6) the operation and effectiveness of programs for migratory children carried out under subpart 1 of part D of chapter 1. (c) Consultation With Congressional Committees.— In designing and implementing the assessment required by subsection (a), the Secretary of Education shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives. (d) Reports to Congress.— (1) General requirements.— The Secretary of Education shall submit to the Congress— (A) not later than June 30, 1992, a report containing the preliminary results of the assessment required by subsection (a); and (B) not later than December 1, 1992, a final report with respect to such assessment. (2) Limitation on departmental review of reports.—Notwithstanding any other provision of law, the Secretary of Education shall make available to the appropriate committees of the Congress such studies, reports, and data as are submitted to the Secretary by grantees and contractors pursuant to this Act without any additions, deletions, or other modifications by the Department of Education. The Secretary of Education and the President may submit such additional studies and make such additional recommendations to the Congress with respect to chapter 1 as they may consider appropriate. (e) Reservation of Amounts.—From funds appropriated for purposes of chapter 1, the Secretary of Education shall reserve for purposes of conducting the assessment required by subsection (a) a total amount of not more than $6,000,000 from funds appropriated for the fiscal years 1990, 1991, 1992, and 1993. Amounts reserved under the preceding sentence may only be expended during the period beginning on December 1, 1989, and ending on January 1, 1993.
SEC. 3. IMPACT AID. (a) Amount of Payments.— (1) Subparagraph (A) of section 3(d)(2) of Public Law 81–874 is amended to read as follows:

20 USC 238.

 “(A) (i) Except as provided in clause (ii), for any fiscal year after September 30, 1988, funds reserved to make payments under subparagraph (B) shall not exceed $25,000,000 from the funds appropriated for such fiscal year. “(ii) In the event that the payments made under subparagraph (B) in any fiscal year are less than $25,000,000, such remaining funds as do not exceed $25,000,000 shall remain 104 STAT. 256 available until expended for the purpose of carrying out the provisions of subparagraph (B). Such remaining funds shall not be considered part of the funds reserved to make payments under subparagraph (B), but shall be expended if funds in excess of $25,000,000 are needed to carry out the provisions of subparagraph (B) in any fiscal year. “(iii) If for any fiscal year the total amount of payments to be made under subparagraph (B) exceeds $25,000,000 and the funds described in clause (ii) are insufficient to make such payments, then the provisions of clause (i) shall not apply.”. (2)

20 USC 238 and note.

 Subparagraph (B) of section 2(b)(2) of Public Law 101–26 is hereby repealed, and Public Law 81–874 shall be applied and administered as if such subparagraph (B) (and the amendment made by such subparagraph) had not been enacted. (b) Adjustments for Decreases in Federal Activities.— Section

20 USC 238.

Children and youth.

State and local governments.

3(e) of Public Law 81–874 is amended to read as follows: “(e) (1) Whenever the Secretary of Education determines that— “(A) for any fiscal year, the number of children determined with respect to any local educational agency under subsections (a) and (b) is less than 90 percent of the number so determined with respect to such agency during the preceding fiscal year; “(B) there has been a decrease or cessation of Federal activities within the State in which such agency is located; and “(C) such decrease or cessation has resulted in a substantial decrease in the number of children determined under subsections (a) and (b) with respect to such agency for such fiscal year; the amount to which such agency is entitled for such fiscal year and for any of the 3 succeeding fiscal years shall not be less than 90 percent of the payment such agency received under subsections (a) and (b) for the preceding fiscal year. “(2)

Appropriation authorization.

 There is authorized to be appropriated for each fiscal year such amount as may be necessary to carry out the provisions of this section, which remain available until expended. “(3)

Reports.

 Expenditures pursuant to paragraph (2) shall be reported by the Secretary to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Human Resources of the Senate within 30 days of expenditure. “(4) The Secretary shall make available to the Congress in the Department of Education’s annual budget submission, the amount of funds necessary to defray the costs associated with the provisions of this subsection during the fiscal year for which the submission is made.”. (c)

20 USC 240.

 Application.— Section 5(a) of Public Law 81–874 (Impact Aid) (hereafter in this section referred to as “the Act”) is amended to read as follows: “(a)

State and local governments.

 Applications.— (1) Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under section 2, 3, or 4 shall submit an application therefor to the Secretary and file a copy with the State educational agency. Each such application shall be submitted in such form, and containing such information, as the Secretary may reasonably require to determine whether such agency is entitled to a payment under any of such sections and the amount of any such payment. “(2) The Secretary shall establish a deadline for the receipt of applications. For each fiscal year beginning with fiscal year 1991, the Secretary shall accept an approvable application received up to 104 STAT. 257 60 days after the deadline, but shall reduce the payment based on such late application by 10 percent of the amount that would otherwise be paid. The Secretary shall not accept or approve any application submitted more than 60 days after the application deadline. “(3) Notwithstanding any other provision of law or regulation, a State educational agency that had been accepted as an applicant for funds under section 3 for fiscal years 1985, 1986, 1987 and 1988 shall be permitted to continue as an applicant under the same conditions by which it made application during such fiscal years only if such State educational agency distributes all funds received for the students for which application is being made by such State educational agency to the local educational agencies providing educational services to such students.”. (d) Adjustments.— Section 5(c)(2) of Public Law 81–874 is

20 USC 240.

 amended by inserting at the end thereof the following new subparagraph: “(C) For the purpose of determining the category under subparagraph

State and local governments.

Massachusetts.

 (A) that is applicable to the local educational agency providing free public education to secondary school students residing on Hanscom Air Force Base, Massachusetts, the Secretary shall count children in kindergarten through grade 8 who are residing on such base as if such students are receiving a free public education from such local educational agency.”. (e) Special Rule.— The Secretary of Education shall consider as

State and local governments.

20 USC 240 note.

 timely filed, and shall process for payment, an application from a local educational agency that is eligible to receive the payments to which it is entitled in fiscal year 1990 under section 2 or 3 of the Act, if the Secretary receives the application by June 29, 1990, and the application is otherwise approvable. (f) Definition.— Section 403(6) of Public Law 81–874 is amended

20 USC 244.

 by inserting the following new sentences at the end thereof: “Such term does not include any agency or school authority that the Secretary determines, on a case-by-case basis— “(A) was constituted or reconstituted primarily for the purpose of receiving assistance under this Act or increasing the amount of that assistance; “(B) is not constituted or reconstituted for legitimate educational purposes; or “(C)

was previously part of a school district upon being constituted or reconstituted.

For the purpose of carrying out the provisions of section 3(a), such term includes any agency or school authority that has had an arrangement with a nonadjacent school district for the education of children of persons who reside or work on an installation of the Department of Defense for more than 25 years, but only if the Secretary determines that there is no single school district adjacent to the school district in which the installation is located that is capable of educating all such children.”.
SEC. 4. BILINGUAL EDUCATION.Awards made by the Secretary of Education to the Franklin Northwest Supervisory Union of Vermont under the Bilingual Education Act (20 U.S.C. 3221 et seq.), in amounts of— 104 STAT. 258 (1) $388,076.56 for the period of fiscal year 1984 through fiscal year 1986 (for programs of bilingual education, however characterized), (2) $400,061.00 for the period of fiscal year 1984 through fiscal year 1986 (for programs of bilingual education, however characterized), and (3) any expenditure of funds by the Franklin-Northwest Supervisory Union pursuant to the awards described in paragraphs (1) and (2), shall be treated as if they were made in accordance with the provisions of the Bilingual Education Act for purposes of any claims for repayment asserted by the Secretary of Education.
SEC. 5. STUDENT LITERACY CORPS.

20 USC 1018e.

Section 146 of the Higher Education Act of 1965 is amended to read as follows:
“SEC. 146. AUTHORIZATION OF APPROPRIATIONS.“There are authorized to be appropriated to carry out the provisions of this part $10,000,000 for fiscal year 1991.”.
SEC. 6. THE HEAD START ACT AND CHAPTER 1 OF TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. (a) Findings.— The Senate finds that— (1) one in every five children in America, some 12,600,000 youngsters under the age of 18, live in poverty; (2) the Head Start program and programs under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 are proven early education programs that offer the best opportunity to break the cycle of poverty; (3) since 1980, spending by the Federal Government for education has decreased by 4.7 percent in real terms; (4) $1 invested in high-quality preschool programs like Head Start and chapter 1 of title I of the Elementary and Secondary Education Act of 1965 saves $6 in lowered costs for special education, grade retention, public assistance, and crime; (5) children who enroll in Head Start are more likely than other poor children to be literate, employed, and enrolled in postsecondary education; (6) children who enroll in Head Start programs are less likely than other poor children to be high school dropouts, teen parents, dependent on welfare, or arrested for criminal or delinquent activity; (7) children who enroll in programs under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 experience larger increases in standardized achievement scores than comparable students who did not enroll in such programs; (8) low funding levels for the Head Start Act limit the participation in Head Start programs to less than 20 percent of the eligible population; and (9) low funding levels for chapter 1 of title I of the Elementary and Secondary Education Act of 1965 limit participation in programs assisted under such Act to less than 50 percent of the eligible population. (b) Sense of Senate.—It is the sense of the Senate that appropriations for the Head Start Act should be increased to fully serve the potential, eligible population under such Act by fiscal year 1994 and 104 STAT. 259that appropriations for chapter 1 of title I of the Elementary and Secondary Education Act of 1965 should be increased to the authorization level of such Act by fiscal year 1994.
SEC. 7. TECHNICAL AMENDMENT. (a) In General.—Section 2 of Public Law 81–874 is amended by

20 USC 237.

 inserting at the end thereof the following new subsection (d): “(d) The United States shall be deemed to own Federal property,

Gifts and property.

 for the purposes of this Act where— “(1) prior to the transfer of Federal property, the United States owned Federal property meeting the requirements of subparagraphs (A), (B), and (C) of subsection (a)(1); and “(2) the United States transfers a portion of the property referred to in paragraph (1) to another nontaxable entity, and the United States— “(A) restricts some or any construction on such property; “(B) requires that the property be used in perpetuity for the public purposes for which it was conveyed; “(C) requires the grantee of the property to report to the Federal Government (or its agent) setting forth information on the use of the property; “(D) prohibits the sale, lease assignment or other disposal of the property unless to another eligible government agency and with the approval of the Federal Government (or its agent); and “(E) reserves to the Federal Government a right of reversion at any time the Federal Government (or its agent) deems it necessary for the national defense.”. (b) Effective Date.— The amendments made by this section shall

20 USC 237 note.

 take effect on October 1, 1989.
Approved May 30, 1990.
LEGISLATIVE HISTORY—H.R. 3910: HOUSE REPORTS: No. 101–404 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 27, considered and passed House.

May 7, considered and passed Senate, amended.

May 10, House concurred in Senate amendment with an amendment.

May 14, Senate concurred in House amendment.

 Public Law 101–306: To amend the Wild and Scenic Rivers Act by designating segments of the East Fork of the Jemez and Pecos Rivers in New Mexico as components of the National Wild and Scenic Rivers System. Public Law 306 Public Law 101–306 104 Stat. 260 1990-06-06 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 2025-06-19 101public 104 STAT. 260 Public Law 101–306 101st Congress
An Act To amend the Wild and Scenic Rivers Act by designating segments of the East Fork of the Jemez and Pecos Rivers in New Mexico as components of the National Wild and Scenic Rivers System.

June 6, 1990

[H.R. 644]

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

East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers Addition Act of 1989. Conservation.

Environmental protection.

16 USC 1271 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers Addition Act of 1989”.
SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS. Section 3(a) of the Wild and Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1274(a)) is amended by adding the following new paragraphs at the end: “( ) East Fork of Jemez, New Mexico.— The 11-mile segment from the Santa Fe National Forest boundary to its confluence with the Rio San Antonio; to be administered by the Secretary of Agriculture in the following classifications: “(A) the 2-mile segment from the Santa Fe National Forest boundary to the second crossing of State Highway 4, near Las Conchas Trailhead, as a recreational river; and “(B) the 4-mile segment from the second crossing of State Highway 4, near Las Conchas Trailhead, to the third crossing of State Highway 4, approximately one and one-quarter miles upstream from Jemez Falls, as a wild river; and “(C) the 5-mile segment from the third crossing of State Highway 4, approximately one and one-quarter miles upstream from Jemez Falls, to its confluence with the Rio San Antonio, as a scenic river.

Minerals and mining.

After the enactment of this paragraph, Federal lands within the boundaries of the segments designated under this paragraph or which constitute the bed or bank or are situated within one-quarter mile of the ordinary high water mark on each side of such segments are withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from operation of the mineral leasing laws of the United States, and no patent may be issued for the surface estate with respect to any mining claim located on such lands. Nothing in this paragraph shall be construed as precluding mining operations on any valid existing claim, subject to applicable regulations under section 9. “( ) Pecos River, New Mexico.— The 20.5-mile segment from its headwaters to the town site of Tererro; to be administered by the Secretary of Agriculture in the following classifications: “(A) the 13.5-mile segment from its headwaters to the Pecos Wilderness boundary, as a wild river; and “(B) the 7-mile segment from the Pecos Wilderness boundary to the town site of Tererro, as a recreational river. 104 STAT. 261 After the enactment of this paragraph, Federal lands within the

Minerals and mining.

 boundaries of the segments designated under this paragraph or which constitute the bed or bank or are situated within one-quarter mile of the ordinary high water mark on each side of such segments are withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from operation of the mineral leasing laws of the United States, and no patent may be issued for the surface estate with respect to any mining claim located on such lands. Nothing in this paragraph shall be construed as precluding mining operations on any valid existing claim, subject to applicable regulations under section 9.”.
Approved June 6, 1990.
LEGISLATIVE HISTORY—H.R. 644 (S. 940): HOUSE REPORTS: No. 101–232 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–112 accompanying (S. 940) (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Sept. 12, S. 940 considered and passed Senate.

Vol. 136 (1990): Apr. 19, H.R. 644 considered and passed House.

May 22, considered and passed Senate.

 Public Law 101–307: To designate the week of June 10, 1990 through June 16, 1990, as “State-Supported Homes for Veterans Week”. Public Law 307 Public Law 101–307 104 Stat. 262 1990-06-06 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 2025-06-19 101public 104 STAT. 262 Public Law 101–307 101st Congress
Joint Resolution To designate the week of June 10, 1990 through June 16, 1990, as “State-Supported Homes for Veterans Week”.

June 6, 1990

[S.J. Res. 231]

 Whereas since 1864, 36 States have established a total of 58 State-supported homes for the veterans of this Nation; Whereas such States and the Department of Veterans Affairs support such State-supported homes for veterans and such State-supported homes for veterans currently serve critical needs of the veterans of this Nation; Whereas such State-supported homes for veterans shall continue to serve the veterans of this Nation and meet the future needs of such veterans when the number of aging veterans increases at an accelerated rate in this Nation; Whereas such State-supported homes for veterans provide an important resource for the veterans of this Nation, and for the families of such veterans; Whereas the staff of such State-supported homes for veterans contribute to an enhanced quality of life for the veterans of this Nation, and for the families of such veterans; and Whereas there is a need for greater public awareness of the vital and significant contributions of State-supported homes for veterans to this Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of June 10, 1990 through June 16, 1990, is designated as “State-Supported Homes for Veterans Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities.
Approved June 6, 1990.
LEGISLATIVE HISTORY—S.J. Res 231: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

May 22, considered and passed House.

 Public Law 101–308: To authorize and request the President to designate May 1990 as “National Physical Fitness and Sports Month”. Public Law 308 Public Law 101–308 104 Stat. 263 1990-06-06 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 2025-06-19 101public 104 STAT. 263 Public Law 101–308 101st Congress
Joint Resolution To authorize and request the President to designate May 1990 as “National Physical Fitness and Sports Month”.

June 6, 1990

[S.J. Res. 267]

 Whereas there is an increase in the number of adults in our country who regularly participate in exercise and sports; Whereas the number of physically active men and women continues to grow rapidly, especially since the 1970s; Whereas there is great support for the importance of daily exercise for youth and children regardless of physical capabilities or limitations; Whereas there is continued growth in senior citizens’ physical activity participation which increases their enjoyment and quality of life; Whereas today we recognize that physical activity is an important part of daily life for children, adults, and senior citizens of both sexes; Whereas physical activity is vital to good health and is a rich source of pleasure and personal satisfaction; Whereas our physical fitness and sports programs are one of the primary means by which we strengthen our bodies and refresh our spirits; and Whereas it is essential that we make fitness and sports programs increasingly available in the schools, at the workplace, and during leisure time so that all of our citizens will be able to experience the joys and benefits they offer: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is authorized and requested to issue a proclamation designating the month of May 1990 as “National Physical Fitness and Sports Month”, and to call upon Federal, State, and local government agencies, and the people of the United States to observe the month with appropriate programs, ceremonies, and activities.
Approved June 6, 1990.
LEGISLATIVE HISTORY—S.J. Res 267: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 8, considered and passed Senate.

May 24, considered and passed House.

 Public Law 101–309: Designating “Baltic Freedom Day”. Public Law 309 Public Law 101–309 104 Stat. 264 1990-06-18 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 2025-06-19 101public 104 STAT. 264 Public Law 101–309 101st Congress
Joint Resolution Designating “Baltic Freedom Day”.

June 18, 1990

[S.J. Res. 251]

 Whereas the people of the Baltic States of Estonia, Latvia, and Lithuania have cherished the principles of religious and political freedom and have recently held mass demonstrations calling for freedom and independence; Whereas from 1918 to 1940, the Baltic States existed as independent, sovereign nations and as fully recognized members of the League of Nations; Whereas 1990 marks the 50th anniversary of the invasion, seizure, and illegal incorporation of the Baltic States into the Soviet Union against the national will and the desire for independence and freedom of the Baltic people; Whereas 1990 also marks the 50th anniversary of the continued policy of the United States of not recognizing the illegal forcible occupation of the Baltic States by the Soviet Union; Whereas, due to Soviet and Nazi collusion, the Baltic States suffered a loss of one-third of their population by the end of World War II; Whereas, under Soviet occupation, the native Baltic peoples have been deported from their homelands to forced labor and concentration camps in Siberia and elsewhere; Whereas the people of the Baltic States have unique indigenous cultures, national traditions, and languages, which have been threatened by decades of russification; Whereas the Soviet Union has introduced into the Baltic States ecologically unsound industries without proper safeguards, and the presence of those industries has critically endangered the environment and well-being of the Baltic people; Whereas, as part of Soviet President Mikhail Gorbachev’s campaign of openness, restructuring, and democratization, the Soviet leaders have officially acknowledged the illegality of the secret protocols to the 1939 Molotov-Ribbentrop Pact, which led to the Soviet military invasion of the Baltic States in 1940; Whereas, in the spirit of openness and democratization, the Baltic peoples are affirming their right, upheld both by international law and by the Soviet Constitution, to restore full independence through parliamentary and peaceful means; and Whereas the United States, as a member of the United Nations, has repeatedly upheld the right of nations to self-determination: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That— (1) the Congress recognizes the continuing desire and right of the people of the Baltic States for freedom and independence; (2) the Congress, in keeping with the policy of the United States to deny recognition of the Soviet occupation of the Baltic States, urges the Soviet Union to recognize the sovereignty of the Baltic States and to yield to the rightful demands of the 104 STAT. 265Baltic peoples for independence from foreign domination and oppression, as guaranteed by Principle Eight of the Helsinki Accords, to which the Soviet Union is a signatory; (3) June 14, 1990, the anniversary of the first mass deportation of the Baltic peoples from their homelands in 1941, is designated as “Baltic Freedom Day”, as a symbol of the solidarity of the people of the United States with the aspirations of the captive Baltic people; and (4) the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe Baltic Freedom Day with appropriate ceremonies and activities, and to submit to the Congress within 60 days a statement articulating specific actions the United States Government is taking, in fulfillment of the intent of the non-recognition principle to— (A) support the peaceful restoration of the independence of the Baltic States; and (B) to encourage Soviet support for a peaceful transition to independence and democracy in the Baltic States.
Approved June 18, 1990.
LEGISLATIVE HISTORY—S.J. Res 251: CONGRESSIONAL RECORD. Vol. 136 (1990):

Feb. 26, considered and passed Senate.

June 12, considered and passed House.

 Public Law 101–310: To designate the week beginning June 10, 1990, as “National Scleroderma Awareness Week”. Public Law 310 Public Law 101–310 104 Stat. 266 1990-06-18 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 2025-06-19 101public 104 STAT. 266 Public Law 101–310 101st Congress
Joint Resolution To designate the week beginning June 10, 1990, as “National Scleroderma Awareness Week”.

June 18, 1990

[H.J. Res. 516]

 Whereas scleroderma is a disease in which connective tissue in the body becomes hardened and rigid, and might afflict any part of the body; Whereas approximately three hundred thousand people in the United States suffer from scleroderma; Whereas women are afflicted by scleroderma three times more often than men; Whereas scleroderma is a chronic and often progressive illness that can result in death; Whereas the symptoms of scleroderma vary greatly from person to person and can complicate and confuse diagnosis; Whereas the cause and cure of scleroderma are unknown; and Whereas scleroderma is an orphan disease and is considered to be understudied: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week beginning June 10, 1990, is designated as “National Scleroderma Awareness Week”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate ceremonies and activities.
Approved June 18, 1990.
LEGISLATIVE HISTORY—H.J. Res 516: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 7, considered and passed House.

June 11, considered and passed Senate.

 Public Law 101–311: To amend title 11 of the United States Code regarding swap agreements and forward contracts. Public Law 311 Public Law 101–311 104 Stat. 267 1990-06-25 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 2025-06-19 101public 104 STAT. 267 Public Law 101–311 101st Congress
An Act To amend title 11 of the United States Code regarding swap agreements and forward contracts.

June 25, 1990

[H.R. 4612]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I">TITLE I—</num><heading class="inline">SWAP AGREEMENTS</heading> <section> <num value="101">SEC. 101. </num> <heading>DEFINITION OF SWAP AGREEMENT AND SWAP PARTICIPANT.</heading><chapeau class="firstIndent1 fontsize10">Section 101 of title 11, United States Code, is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>redesignating paragraphs (49), (50), (51), (52), and (53) as paragraphs (51), (52), (53), (54), and (55), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting after paragraph (48) the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="49">“(49) </num> <chapeau>‘swap agreement’ means—</chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">“(A) </num> <content>an agreement (including terms and conditions incorporated by reference therein) which is a rate swap agreement, basis swap, forward rate agreement, commodity swap, interest rate option, forward foreign exchange agreement, rate cap agreement, rate floor agreement, rate collar agreement, currency swap agreement, cross-currency rate swap agreement, currency option, any other similar agreement (including any option to enter into any of the foregoing);</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">“(B) </num> <content>any combination of the foregoing; or</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="C">“(C) </num> <content>a master agreement for any of the foregoing together with all supplements;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="50">“(50) </num> <content>‘swap participant’ means an entity that, at any time before the filing of the petition, has an outstanding swap agreement with the debtor;”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="102">SEC. 102. </num> <heading>AUTOMATIC STAY.</heading><chapeau class="firstIndent1 fontsize10">Section 362(b) of title 11, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (12) by striking “<quotedText>or</quotedText>” at the end;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (13) by striking the period and inserting “<quotedText>; or</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>under subsection (a) of this section, of the setoff by a<sidenote><p class="firstIndent0 fontsize8">Claims.</p></sidenote> swap participant, of any mutual debt and claim under or in connection with any swap agreement that constitutes the setoff of a claim against the debtor for any payment due from the debtor under or in connection with any swap agreement against any payment due to the debtor from the swap participant under or in connection with any swap agreement or against cash, securities, or other property of the debtor held by or due from such swap participant to guarantee, secure or settle any swap agreement.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <page identifier="/us/stat/104/268">104 STAT. 268</page> <section> <num value="103">SEC. 103. </num> <heading>LIMITATION ON AVOIDING POWERS.</heading><content class="firstIndent1 fontsize10">Section 546 of title 11, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>Notwithstanding sections 544, 545, 547, 548(a)(2) and 548(b) of this title, the trustee may not avoid a transfer under a swap agreement, made by or to a swap participant, in connection with a swap agreement and that is made before the commencement of the case, except under section 548(a)(1) of this title.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="104">SEC. 104. </num> <heading>FRAUDULENT TRANSFERS AND OBLIGATIONS.</heading><chapeau class="firstIndent1 fontsize10">Section 548(d)(2) of title 11, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><content>in subparagraph (B) by striking “<quotedText>and</quotedText>” at the end</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subparagraph (C) by striking the period and inserting “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following: <quotedContent> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="D">“(D) </num> <content>a swap participant that receives a transfer in connection with a swap agreement takes for value to the extent of such transfer.”.</content> </subparagraph> </quotedContent> </content> </paragraph> </section> <section> <num value="105">SEC. 105. </num> <heading>SETOFF.</heading><content class="firstIndent1 fontsize10">Section 553(b)(1) of title 11, United States Code, is amended by striking “<quotedText>362(b)(7),</quotedText>” and inserting “<quotedText>362(b)(7), 362(b)(14),</quotedText>”.</content> </section> <section> <num value="106">SEC. 106. </num> <heading>CONTRACTUAL RIGHT TO TERMINATE SWAP AGREEMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Termination of Swap Agreements.—</inline></heading><content>Subchapter III of chapter 5 of title 11, United States Code, is amended by adding at the end the following: <quotedContent> <section> <num value="560">“§ 560. </num><heading>Contractual right to terminate a swap agreement</heading> <content class="firstIndent1 fontsize10">“The exercise of any contractual right of any swap participant to cause the termination of a swap agreement because of a condition of the kind specified in section 365(e)(1) of this title or to offset or net out any termination values or payment amounts arising under or in connection with any swap agreement shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by order of a court or administrative agency in any proceeding under this title. As used in this section, the term ‘contractual right’ includes a right, whether or not evidenced in writing, arising under common law, under law merchant, or by reason of normal business practice.”. </content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Technical Amendment</inline>.—</heading><content>The table of sections of chapter 5 of title 11, United States Code, is amended by adding at the end the following item: <quotedContent> <toc> <referenceItem role="section"><designator>“560. </designator><label>Contractual right to terminate a swap agreement.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <num value="II">TITLE II—</num><heading>FORWARD CONTRACTS</heading> <section> <num value="201">SEC. 201. </num> <heading>DEFINITION OF COMMODITY.</heading><chapeau class="firstIndent1 fontsize10">Section 101 of title 11, United States Code (as amended by section 101), is amended—</chapeau> <page identifier="/us/stat/104/269">104 STAT. 269</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in paragraph (24)—</chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade,</quotedText>” after “<quotedText>transfer of a commodity,”</quotedText>, and</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">(B) </num> <content>by inserting “<quotedText>,including, but not limited to, a repurchase transaction, reverse repurchase transaction, consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any combination thereof or option thereon</quotedText>” after “<quotedText>entered into</quotedText>”;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (25) by striking out “<quotedText>commodities</quotedText>” and inserting “<quotedText>a commodity, as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by redesignating paragraphs (34) through (55), as paragraphs (36) through (57), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting after paragraph (33) the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="34">“(34) </num> <content>‘margin payment’ means, for purposes of the forward contract provisions of this title, payment or deposit of cash, a security or other property, that is commonly known in the forward contract trade as original margin, initial margin, maintenance margin, or variation margin, including mark-to-market payments, or variation payments; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">“(35) </num> <content>‘settlement payment’ means, for purposes of the forward contract provisions of this title, a preliminary settlement payment, a partial settlement payment, an interim settlement payment, a settlement payment on account, a final settlement payment, a net settlement payment, or any other similar payment commonly used in the forward contract trade;”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="202">SEC. 202. </num> <heading>AUTOMATIC STAY.</heading><chapeau class="firstIndent1 fontsize10">Section 362(b)(6) of title 11, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><content>by striking “<quotedText>section 741(5) or 761(15)</quotedText>” and inserting “<quotedText>section 101(34), 741(5), or 761(15)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>section 741(8)</quotedText>” and inserting “<quotedText>section 101(35) or 741(8)</quotedText>”.</content> </paragraph> </section> <section> <num value="203">SEC. 203. </num> <heading>LIMITATIONS ON AVOIDING POWERS.</heading><chapeau class="firstIndent1 fontsize10">Section 546(e) of title 11, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>section 741(5) or 761(15)</quotedText>” and inserting “<quotedText>section 101(34), 741(5), or 761(15)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>section 741(8)</quotedText>” and inserting “<quotedText>section 101(35) or 741(8)</quotedText>”.</content> </paragraph> </section> <section> <num value="204">SEC. 204. </num> <heading>FRAUDULENT TRANSFERS AND OBLIGATIONS.</heading><chapeau class="firstIndent1 fontsize10">Section 548(d)(2)(B) of title 11, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1)</num><content>by striking “<quotedText>section 741(5) or 761(15)</quotedText>” and inserting “<quotedText>section 101(34), 741(5) or 761(15)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>section 741(8)</quotedText>” and inserting “<quotedText>section 101(35) or 741(8)</quotedText>”.</content> </paragraph> </section> <page identifier="/us/stat/104/270">104 STAT. 270</page> <section> <num value="205">SEC. 205. </num> <heading>CONTRACTUAL RIGHT TO LIQUIDATE A COMMODITY CONTRACT OR FORWARD CONTRACT.</heading><content class="firstIndent1 fontsize10">Section 556 of title 11, United States Code, is amended by striking the period at the end of the last sentence of the section and inserting “<quotedText>and a right, whether or not evidenced in writing, arising under common law, under law merchant or by reason of normal business practice.</quotedText>”. </content> </section> Approved June 25, 1990.
LEGISLATIVE HISTORY—H.R. 4612 (S. 396): HOUSE REPORTS: No. 101–484 (Comm. on the Judiciary). SENATE REPORTS: No. 101–285 accompanying (S. 396) (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 136 (1990):

May 15, considered and passed House.

June 6, S. 396 and H.R. 4612 considered and passed Senate.

 Public Law 101–312: To authorize the Secretary of Veterans Affairs to proceed with a proposed administrative reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs, notwithstanding the notice-and-wait provisions in section 210(b) of title 38, United States Code. Public Law 312 Public Law 101–312 104 Stat. 271 1990-06-25 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 2025-06-19 101public 104 STAT. 271 Public Law 101–312 101st Congress
An Act To authorize the Secretary of Veterans Affairs to proceed with a proposed administrative reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs, notwithstanding the notice-and-wait provisions in section 210(b) of title 38, United States Code.

June 25, 1990

[S. 2700]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the Secretary

38 USC 210 note.

 of Veterans Affairs may proceed with the administrative reorganization described in subsection (b) of this Act without regard to section 210(b) of title 38, United States Code. (b) The administrative reorganization referred to in subsection (a) is the reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs as that reorganization and related activity are described in (1) letters dated January 22, 1990, and the detailed plan and justification enclosed therewith, submitted by the Secretary to the Committees on Veterans’ Affairs of the Senate and the House of Representatives pursuant to such section 210(b), and (2) letters dated April 17, 1990, submitted in supplementation thereof by the Secretary to such Committees.
Approved June 25, 1990.
LEGISLATIVE HISTORY—S. 2700: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 6, considered and passed Senate.

June 12, considered and passed House.

 Public Law 101–313: To establish Petroglyph National Monument and Pecos National Historical Park in the State of New Mexico, and for other purposes. Public Law 313 Public Law 101–313 104 Stat. 272 1990-06-27 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 2025-06-19 101public 104 STAT. 272 Public Law 101–313 101st Congress
An Act To establish Petroglyph National Monument and Pecos National Historical Park in the State of New Mexico, and for other purposes.

June 27, 1990

[S. 286]

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

Public lands.

 <num value="I">TITLE I—</num><sidenote><p class="firstIndent0 fontsize8">Petroglyph National Monument Establishment Act of 1990.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s431">16 USC 431 note</ref>.</p></sidenote><heading class="inline">PETROGLYPH NATIONAL MONUMENT</heading> <section> <num value="101">SECTION 101. </num> <heading>SHORT TITLE AND CONGRESSIONAL FINDINGS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>This title may be cited as the “<shortTitle role="title">Petroglyph National Monument Establishment Act of 1990</shortTitle>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the nationally significant Las Imagines National Archeological District on Albuquerque’s West Mesa Escarpment contains more than 15,000 documented and prehistoric and historic petroglyphs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the district also contains approximately sixty-five other archeological sites;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the West Mesa Escarpment and the petroglyphs are threatened by urbanization and vandalism, and hundreds of petroglyphs have already been destroyed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the State of New Mexico has shown great leadership by recognizing the importance of the archeological resources of the West Mesa Escarpment through the establishment of the Las Imagines National Archeological District;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the city of Albuquerque has played a significant role in the preservation of the natural, cultural, and recreational resources of the West Mesa Escarpment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the Middle Rio Grande Pueblo Tribes have shown a strong and sincere interest in the preservation of their heritage through protection of the West Mesa Escarpment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the Atrisco Land Grant, now held by Westland Development Company, Incorporated, a corporation whose stock is owned primarily by heirs of the Atrisco Land Grant, has played a significant role in the settlement of the West Mesa area since 1692, and the corporation’s shareholders have shown a strong interest in the preservation of their traditional lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the National Park System has no unit established for the specific purpose of protecting, preserving, and interpreting prehistoric and historic rock art; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>in light of the national significance of the West Mesa Escarpment and the petroglyphs and the urgent need to protect the cultural and natural resources of the area from urbanization and vandalism, it is appropriate that a national monument be established in the West Mesa Escarpment area, near Albuquerque, New Mexico.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/273">104 STAT. 273</page> <section> <num value="102">SEC. 102. </num> <heading>ESTABLISHMENT OF PETROGLYPH NATIONAL MONUMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In order to preserve, for the benefit and enjoyment of present and future generations, that area in New Mexico containing the nationally significant West Mesa Escarpment, the Las Imagines National Archeological District, a portion of the Atrisco Land Grant, and other significant natural and cultural resources, and to facilitate research activities associated with the resources, there is hereby established the Petroglyph National Monument (hereinafter in this title referred to as the “monument”) as a unit of the National Park System. The monument shall consist of approximately 5,280 acres generally known as the Atrisco Unit, as depicted on the map entitled “Boundary Map, Petroglyph National Monument”, numbered NM-PETR-80,010C and dated June 1990, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, in the offices of the Department of Energy, Minerals, and Natural Resources of the State of New Mexico, and in the office of the mayor of the city of Albuquerque, New Mexico.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The monument shall be administered by the Secretary of the Interior (hereinafter in this title referred to as the “Secretary”) or, if the monument is expanded pursuant to section 104(a), by the Secretary in cooperation with the State of New Mexico (hereinafter in this title referred to as the “State”) or the city of Albuquerque, New Mexico (hereinafter in this title referred to as the “city”), in accordance with section 105.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Within 6 months after the date of enaction of this title, the Secretary shall file a legal description of the monument with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. Such legal description shall have the same force and legal description as if included in this title, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, in the offices of the Department of Energy, Minerals, and Natural Resources of the State of New Mexico, and in the office of the mayor of the city of Albuquerque, New Mexico: <proviso><i>Provided</i>, That the Secretary may from time to time, after completion of the general management plan referred to in section 108(a), may make minor adjustments to the monument boundary by publication of a revised map or other boundary description in the Federal Register.</proviso></content> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>LAND ACQUISITION AUTHORITY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Secretary is authorized to acquire lands and interests<sidenote><p class="firstIndent0 fontsize8">Gifts and property.</p></sidenote> therein within the monument boundary by donation, purchase with donated or appropriated funds, exchange, or transfer from any other Federal agency, except that lands or interests therein owned by the State or a political subdivision thereof may be acquired only by donation or exchange.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Where the surface and subsurface estates of private land to be acquired are separately owned, the Secretary shall acquire the subsurface estate to such land prior to or at the same time the surface estate is acquired: <i>Provided</i>, That this subsection shall not be applicable if the Secretary determines that the prior acquisition of the surface estate is necessary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to prevent damage to the resources of the monument; or</content> </paragraph> <page identifier="/us/stat/104/274">104 STAT. 274</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to properly manage and interpret the monument in accordance with sections 102 and 105.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num><content>The Secretary is authorized to exchange Federal lands within the area described on the map referred to in section 102(a) as the Piedras Marcadas Unit for lands owned by the city within the area described as the Atrisco Unit on such map.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary is authorized to exchange Federal lands within the area described on the map referred to in section 102(a) as the Boca Negra Unit for lands owned by the State within the area described as the Atrisco Unit on such map.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Exchanges shall be on the basis of equal value, and either party to the exchange may pay or accept cash in order to equalize the value of the properties exchanged.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <sidenote><p class="firstIndent0 fontsize8">Gifts and property.</p></sidenote> <content>Prior to acquiring fee simple ownership of private lands or interests therein within the monument boundary, the Secretary is authorized to acquire an appropriate interest in such land by donation or for a nominal fee from the owner or owners of such lands for the purpose of providing immediate protection against trespass or vandalism or initiating any resource inventories necessary to carry out the purposes of this title.</content> </subsection> </section> <section> <num value="104">SEC. 104. </num> <heading>EXPANSION OF THE MONUMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Upon the execution of a binding agreement between the Secretary, the State, and the city that the lands identified in this subsection shall be perpetually managed in accordance with section 105, the Secretary shall include such lands, totaling approximately 1,994 acres, within the monument boundary. The lands referred to in this subsection are:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the approximately 1,779 acres generally known as the Piedras Marcadas Unit, as depicted on the map referred to in section 102(a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the approximately 215 acres generally known as the Boca Negra Unit, as depicted on the map referred to in section 102(a). </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num><content>The Secretary is authorized to acquire, as provided in section 103(a), some or all of the approximately 95 acres of land, or interests therein, within the area identified as “Potential Addition” on the map referred to in section 102(a), if, after consultation with the Petroglyph National Monument Advisory Commission established under section 110, the Secretary determines that such acquisition would further the purposes of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The authority of the Secretary to make acquisitions pursuant to paragraph (1) shall expire on the date three years after the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Any lands acquired pursuant to paragraph (1) shall be incorporated into the monument and managed accordingly.</content> </paragraph> </subsection> </section> <section> <num value="105">SEC. 105. </num> <heading>ADMINISTRATION AND MANAGEMENT OF THE MONUMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Secretary shall administer, manage, and protect the monument in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and this title, and in such a manner as to preserve, for the benefit and enjoyment of present and future generations, its cultural and natural resources, and to provide for the interpretation of and research on such resources.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Units of the monument which may be added pursuant to section 104(a) shall be managed and developed in accordance with management and operational plans prepared concurrently with the <page identifier="/us/stat/104/275">104 STAT. 275</page>National Park Service, consistent with section 108. Visitor use and interpretive programs within such units shall be undertaken consistent with plans developed with the assistance of the National Park Service. </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Secretary is authorized to enter into cooperative agreements<sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> with either the State or the city under which the Secretary may manage and interpret any lands owned by the State or the city, respectively, within the boundaries of the monument.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>In order to encourage a unified and cost effective interpretive<sidenote><p class="firstIndent0 fontsize8">Contracts.</p> <p class="firstIndent0 fontsize8">Conservation.</p></sidenote> program of the natural and cultural resources of the West Mesa Escarpment and its environs, the Secretary is authorized to enter into cooperative agreements with other Federal, State, and local public departments and agencies, Indian tribes, and nonprofit entities providing for the interpretation of these resources. Such agreements shall include, but need not be limited to, a provision for the Secretary to develop and operate interpretive facilities and programs on lands and interests in lands outside the monument boundary, with the agreement of the owner or the administrator thereof. Such cooperative agreements may also provide for financial and technical assistance for the planning and implementation of interpretive programs and minimal development related to these programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Federal laws generally applicable to units of the National Park System, including but not limited to, the National Environmental Policy Act of 1969 and the Archeological Resources Protection Act of 1979, shall apply to the monument. The Secretary is authorized to pursue concurrent jurisdiction of the monument for the purposes of law enforcement and implementation of Federal regulations.</content> </subsection> </section> <section> <num value="106">SEC. 106. </num> <heading>LAND USE AND TRANSPORTATION PLANNING.</heading><content class="firstIndent1 fontsize10">The Secretary may participate in land use and transportation management planning conducted by appropriate local authorities for lands adjacent to the monument and may provide technical assistance to such authorities and affected landowners for such planning.</content> </section> <section> <num value="107">SEC. 107. </num> <heading>EXISTING TRANSMISSION OR DISTRIBUTION FACILITIES.</heading><content class="firstIndent1 fontsize10">Nothing in this title shall be construed as authorizing or requiring revocation of any interest or easement for existing transmission or distribution facilities or prohibiting the operation and maintenance of such facilities within or adjacent to the monument boundary.</content> </section> <section> <num value="108">SEC. 108. </num> <heading>GENERAL MANAGEMENT PLAN.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Within 3 years from the date funding is made available for the purposes of this section, the Secretary, in cooperation with the city and the State, shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, a general management plan for the monument consistent with the purposes of this title, including, but not limited to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a statement of the number of visitors and types of public use within the monument which can be accommodated in accordance with the protection of its resources;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a resource protection program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a general interpretive program;</content> </paragraph> <page identifier="/us/stat/104/276">104 STAT. 276</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a plan to implement the joint resolution entitled “American Indian Religious Freedom’’, approved August 11, 1978 (42 U.S.C. 1996);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a general development plan for the monument, including proposals for a visitors’ center, and the estimated cost thereof; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a plan for the Rock Art Research Center established in section 109.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The general management plan shall be prepared in consultation with the Petroglyph National Monument Advisory Commission established pursuant to section 110, appropriate Indian tribes and their civil officials, the heirs of the Atrisco Land Grant, the New Mexico State Historical Preservation Office, and other interested parties.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> <chapeau class="inline">The Secretary shall undertake, in consultation and cooperation with appropriate New Mexico Indian tribes and their civil officials, research on other Rio Grande style rock art sites on Federal lands in New Mexico, and through cooperative agreements with State and <sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote>willing private landowners, on non-Federal lands. The Secretary shall provide the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within 3 years of the date funding is made available for the purposes of this section, a report that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>lists various locations of Rio Grande style rock art;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>identifies the ownership of the rock art;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>identifies the condition of the resources; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>identifies the appropriate type of technical assistance needed for the protection and care of these resources.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The report shall be updated and transmitted to such committees every 2 years thereafter.</continuation> </subsection> </section> <section> <num value="109">SEC. 109. </num> <sidenote><p class="firstIndent0 fontsize8">Cultural programs.</p> <p class="firstIndent0 fontsize8">Indians.</p> <p class="firstIndent0 fontsize8">Minorities.</p> <p class="firstIndent0 fontsize8">Public buildings and grounds.</p></sidenote> <heading>ROCK ART RESEARCH CENTER.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In order to provide for research relating to Rio Grande style rock art, undertake comprehensive evaluations of petroglyphs within the monument, prepare interpretive programs that are sensitive to the concerns of the Indian and Hispanic peoples, and relate monument resources to other styles and forms of rock art, the Secretary, acting through the National Park Service and in cooperation with the University of New Mexico, other educational institutions, foundations, Indian tribes, and private entities, shall establish a Rock Art Research Center (hereinafter in this title referred to as the “Center”).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Center shall function as a focal point for the systematic and scholarly collection, analysis, and dissemination of information relating to Rio Grande style rock art, and other forms of rock art within the region.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <sidenote><p class="firstIndent0 fontsize8">Education.</p></sidenote> <content>The Center shall produce research data and educational materials that will enhance public understanding of prehistoric and historic rock art.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The Center shall provide for a broad program of research including ethnographic studies, resource management techniques, and comparative studies of rock art forms and styles.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Research shall be primarily directed toward rock art managed by the National Park Service. The Secretary may enter into cooperative agreements with other agencies and entities as may be appropriate to carry out the requirements of the Center.</content> </subsection> <page identifier="/us/stat/104/277">104 STAT. 277</page> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The Secretary, acting through the National Park Service, is authorized to undertake research and assist in the management and protection of Rio Grande style rock art sites on public and, with the agreement of the landowner, private lands within the Galisteo Basin. The Secretary is authorized to enter into cooperative agreements<sidenote><p class="firstIndent0 fontsize8">Contracts.</p></sidenote> with landowners of such rock art sites and expend appropriated funds for research, site protection, and interpretive programs. Research shall include the identification and mapping of rock art sites and the development of protection options.</content> </subsection> </section> <section> <num value="110">SEC. 110. </num> <heading>PETROGLYPH NATIONAL MONUMENT ADVISORY COMMISSION.<sidenote><p class="firstIndent0 fontsize8">Establishment.</p></sidenote></heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>There is hereby established the Petroglyph National Monument Advisory Commission (hereinafter in this title referred to as the “Commission”). The Commission shall be composed of eleven members appointed by the Secretary for terms of 5 years as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>one member, who shall have professional expertise in history or archeology, appointed from recommendations submitted by the Governor of the State of New Mexico;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>one member, who shall have professional expertise in history or archeology, appointed from recommendations submitted by the mayor of the city of Albuquerque, New Mexico;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>one member, who shall have professional expertise in Indian history or ceremonial activities, appointed from recommendations submitted by the All Indian Pueblo Council;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>one member, who shall be a shareholder of the Westland Development Company, Incorporated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>one member, who shall be an heir of the Atrisco Land Grant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>one member, who shall be an affected landowner;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>one member, who shall have professional expertise in Indian rock art;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>one member, who shall have professional expertise in cultural anthropology;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>one member, who shall have professional expertise in geology;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>one member from the general public; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>the Director of the National Park Service, or his or her designee, ex officio.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any member of the Commission may serve after the expiration of his or her term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The Chair and other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The Commission shall meet at the call of the Chair or a majority of its members, but not less than twice annually. Six members of the Commission shall constitute a quorum. Consistent with the public meeting requirements of section 10 of the Federal Advisory Committee Act (5 U.S.C. App.), the Commission shall, from <page identifier="/us/stat/104/278">104 STAT. 278</page> time to time, meet with persons concerned with Indian history and historic preservation, and with other interested persons. </content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The Commission may make such bylaws, rules, and regulations as it considers necessary to carry out its functions under this title. Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The Commission shall advise the Secretary on the management and development of the monument, and on the preparation of the general management plan referred to in section 108(a). The Secretary, or his or her designee, shall from time to time, but at least semiannually, meet and consult with the Commission on matters relating to the management and development of the monument.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <sidenote><p class="firstIndent0 fontsize8">Termination date.</p></sidenote> <content>The Commission shall cease to exist 10 years after the date of its first meeting.</content> </subsection> </section> <section> <num value="111">SEC. 111. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading><content class="firstIndent1 fontsize10">There are authorized to be appropriated such sums as may be <sidenote><p class="firstIndent0 fontsize8">Reports.</p></sidenote>necessary for the purposes of this title. The Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, concurrently with the submission to Congress of the President’s proposed budget for the second fiscal year beginning after the date of enactment of this title, and every 5 years thereafter, a report on the status of the agreement referred to in section 104(a), its associated costs, and any proposed alterations to the agreement.</content> </section> <num value="II">TITLE II—</num><heading>PECOS NATIONAL HISTORICAL PARK</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><sidenote><p class="firstIndent0 fontsize8">Conservation.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr">16 USC 410rr</ref>.</p></sidenote><chapeau class="inline">The purpose of this title is—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to recognize the multitheme history, including the cultural interaction among diverse groups of people, of the Pecos area and its “gateway” role between the Great Plains and the Rio Grande Valley, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to provide for the preservation and interpretation of the cultural and natural resources of the Forked Lightning Ranch by establishing the Pecos National Historical Park.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num> <sidenote><p class="firstIndent0 fontsize8">Establishment.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr/1">16 USC 410rr–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>In order to enhance and preserve the existing Pecos National Monument and related nationally significant resources for the benefit and enjoyment of present and future generations, there is hereby established the Pecos National Historical Park (herein-after in this title referred to as the “park”).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>The park shall include the existing Pecos National Monument and the area known as the Forked Lightning Ranch which surrounds the Pecos National Monument and shall consist of approximately 5,865 acres of the lands and interests in lands as generally depicted on the map entitled “Pecos National Historical Park Boundary Concept”, numbered 430/80028 and dated March 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereinafter in this title referred to as the “Secretary”) may, from time to time make minor revisions in the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 and following).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><content>The Act entitled “An Act to authorize the establishment of Pecos National Monument in the State of New Mexico, and for other <page identifier="/us/stat/104/279">104 STAT. 279</page>purposes” approved June 28, 1965 (79 Stat. 195), is hereby repealed, and any funds available for purposes of the Pecos National Monument shall be available for purposes of the park. </content> </subsection> </section> <section> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>The Secretary is authorized to acquire lands, waters, and<sidenote><p class="firstIndent0 fontsize8">Gifts and property.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr/2">16 USC 410rr–2</ref>.</p></sidenote> interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange: <proviso><i>Provided, however</i>, That the Secretary may not acquire lands within the Forked Lightning Ranch as depicted on the map from the owner of record of such lands as of May 1, 1990, without the consent of such owner unless the Secretary determines that the lands are being used, or that there is an imminent threat that the lands will be used, for any purpose that is incompatible with the purposes of this Act.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>The Secretary shall administer the park in accordance<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr/3">16 USC 410rr–3</ref>.</p></sidenote> with the provisions of this title and the provisions of law generally applicable to the administration of units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7).</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><chapeau class="inline">Within 3 full fiscal years from the date funding is made<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr/4">16 USC 410rr–4</ref>.</p></sidenote> available for the purposes of preparing a general management plan, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives, a general management plan for the park consistent with the purposes of this title, including (but not limited to)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a general visitor use and interpretive program that fully considers the prehistoric and historic aspects of the national historical park including the “gateway theme” and early Spanish settlement of New Mexico;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a statement on the number of visitors and types of public uses within the park which can be reasonably accommodated in accordance with the protection of its resources; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a general development plan for the park, including the estimated cost thereof.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><content>The Secretary, acting through the National Park Service,<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410r/5">16 USC 410rr–5</ref>.</p></sidenote> shall undertake a study of the Rowe Ruin, Arrowhead Pueblo, HobsonDressler Ruin, and Las Ruedas site for the suitability and feasibility of their inclusion in the park. The Secretary shall submit the study to the Congress within one year after the date of enactment of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><content>There is authorized to be appropriated such sums as may<sidenote><p class="firstIndent0 fontsize8">Appropriation authorization.</p> <p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410rr/6">16 USC 410rr–6</ref>.</p></sidenote> be necessary to carry out this title.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">ZUNI-CIBOLA NATIONAL HISTORICAL PARK AND JUAN DE ONATE MEMORIAL</heading> <section class="firstIndent1 fontsize10"> <num value="301."><inline class="smallCaps">Sec.</inline> 301. </num><content>The first sentence of section 202 of Public Law 100–225 (16 U.S.C. 460uu–12) is amended by deleting “<quotedText>and Zuni-Cibola National Historical Park</quotedText>” and inserting “<quotedText>Zuni-Cibola National Historical Park, and Petroglyph National Monument</quotedText>”. </content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><chapeau class="inline">The Zuni-Cibola National Historical Park Establishment Act of 1988 (16 U.S.C. 410pp et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in section 2(c)—<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410pp">16 USC 410pp</ref>.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="A">(A) </num> <content>by striking “<quotedText>24 months</quotedText>” and inserting “<quotedText>6 years</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent0 fontsize10"> <num value="B">(B) </num><content>by striking “<quotedText>24-month</quotedText>” and inserting “<quotedText>6-year</quotedText>”; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><content>in section 3(a) by striking “<quotedText>18 months</quotedText>” and inserting “<quotedText>5 ½<sidenote><p class="firstIndent0 fontsize8"><ref href="/us/usc/t16/s410pp/1">16 USC 410pp–1</ref>.</p></sidenote> years</quotedText>”. </content> </paragraph> </section> <page identifier="/us/stat/104/280">104 STAT. 280</page> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec.</inline> 303. </num> <subsection class="inline"> <num value="a">(a) </num><content>The tract of land described in subsection (b) shall be treated as public land for the purposes of the Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the “Recreation and Public Purposes Act”).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><content>The land referred to in paragraph (1) is approximately 5 acres of the Sebastian Martin Land Grant near Los Luceros, New Mexico, as generally depicted on the map entitled “Onate Memorial Map” and dated July 1989.</content> </subsection> </section> Approved June 27, 1990.
LEGISLATIVE HISTORY—S. 286: HOUSE REPORTS: No. 101–491 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–230 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Jan. 24, considered and passed Senate.

May 21, 22, considered and passed House, amended.

June 12, Senate concurred in House amendments with amendments.

June 14, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

June 27, Presidential statement.

 Public Law 101–314: Designating July 3, 1990, as “Idaho Centennial Day”. Public Law 314 Public Law 101–314 104 Stat. 281 1990-06-28 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 2025-06-19 101public 104 STAT. 281 Public Law 101–314 101st Congress
Joint Resolution Designating July 3, 1990, as “Idaho Centennial Day”.

June 28, 1990

[S.J. Res. 245]

 Whereas at 10 a.m., on July 3, 1890, President Benjamin Harrison signed a proclamation declaring Idaho a State; Whereas the State of Idaho is known as the Gem State; Whereas the State of Idaho has become a national leader in agriculture, natural resource industries, technology, and manufacturing; Whereas the people of Idaho have harvested the natural abundance to produce a wealth which has enabled the building of cities, educational institutions, an unhurried pace of life, and a rich culture, while maintaining the pristine ecology; Whereas the beautiful mountains, rivers, lakes, trees, deserts, plains, and fields of the State of Idaho are appreciated and preserved, and the quality of life is unsurpassed; and Whereas on July 3, 1990, the State of Idaho will begin a new century of statehood: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That July 3, 1990, is designated as “Idaho Centennial Day”, and the President is authorized and requested to issue a proclamation acknowledging the economic, social, and historic contributions of the people of the State of Idaho to the United States during the past century.
Approved June 28, 1990.
LEGISLATIVE HISTORY—S.J. Res. 245: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 26, considered and passed Senate.

June 12, considered and passed House.

June 12, Senate concurred in House amendments with amendments.

June 14, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

June 27, Presidential statement.

 Public Law 101–315: Designating July 3, 1990, as “Idaho Centennial Day”. Public Law 315 Public Law 101–315 104 Stat. 282 1990-06-28 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 2025-06-19 101public 104 STAT. 282 Public Law 101–315 101st Congress
Joint Resolution Designating July 3, 1990, as “Idaho Centennial Day”.

June 28, 1990

[H.J. Res. 575]

 Whereas on June 25, 1950, the army of the Communist government of North Korea initiated the Korean war by invading South Korea; Whereas the United Nations military command created to respond to the attack is the only example of such a command in the history of the United Nations; Whereas members of the Armed Forces of the United States exerted executive authority over and were the primary participants in the command; Whereas in addition to the United States and South Korea, 20 other member nations of the United Nations provided military forces to serve under the United Nations military command; Whereas after three years of active hostilities, the territorial integrity of South Korea was restored, primarily through the efforts of the Armed Forces of the United States; Whereas the people of South Korea remain free and independent to this day; Whereas more than 5,700,000 United States servicemen and service-women were directly or indirectly involved in the war; Whereas this Nation’s casualties from the war included 54,246 dead, of which 33,629 were battle deaths, 103,284 wounded, 8,177 listed as missing or prisoners of war, and 328 prisoners of war still unaccounted for; Whereas, although the Korean war has been called this Nation’s “Forgotten War”, the war has not been forgotten by those who served or by the families of those who served; Whereas this Nation must never forget the sacrifices made by the servicemen and servicewomen who served, fought, were injured, and died in the Korean war; Whereas the Congress has enacted and the President has signed into law an Act to establish a Korean War Veterans’ Memorial in the Nation’s Capital to recognize and honor the service and sacrifice of this Nation’s servicemen and servicewomen who participated in the Korean war; and Whereas on the 40th anniversary of the commencement of the Korean war, it is appropriate to recognize, honor, and remember the service and sacrifices of the servicemen and servicewomen of this Nation who preserved the independence of South Korea by enduring the rigors of combat, a hostile climate, and other trying conditions during that war: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That June 25, 1990, is designated as “Korean War Remembrance Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities and to urge the departments and agencies 104 STAT. 283of the United States and interested organizations, groups, and individuals to fly the flag of the United States at half staff on June 25, 1990, in honor of the Americans who died as a result of service in the Korean war.
Approved June 28, 1990.
LEGISLATIVE HISTORY—H.J. Res. 575: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 19, considered and passed House.

June 22, considered and passed Senate.

 Public Law 101–316: To commemorate the 50th anniversary of the National Sheriffs’ Association. Public Law 316 Public Law 101–316 104 Stat. 284 1990-06-28 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 2025-06-19 101public 104 STAT. 284 Public Law 101–316 101st Congress
Joint Resolution To commemorate the 50th anniversary of the National Sheriffs’ Association.

June 28, 1990

[S.J. Res. 264]

 Whereas the National Sheriffs’ Association, incorporated on September 26, 1940, by the Secretary of State of the State of Ohio, is commemorating 50 years of service this year; Whereas the purposes of the National Sheriffs’ Association are to form and perpetuate an efficient organization of the sheriffs of the United States and to raise the level of professionalism in the office of sheriff and in sheriffs’ deputies and other law enforcement professionals charged with or interested in the execution and enforcement of State and Federal laws; Whereas the National Sheriffs’ Association continues to provide professional law enforcement leadership in the areas of training and exchange of information pertaining to the duties, methods, and official practices of the members and to inform the members of all such matters that pertain to violation of law or injury to persons or property; Whereas the National Sheriffs’ Association has continued to foster cooperation among State sheriffs’ associations and Federal, State, and municipal law enforcement organizations; and Whereas the National Sheriffs’ Association has continued to advocate and preserve legislation in harmony with the needs of enforcement officials and the safety of the public: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of June 24, 1990, through June 30, 1990, is designated as “National Sheriffs’ Week” in honor of the 50th anniversary of the National Sheriffs’ Association, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to honor all sheriffs during the week for their outstanding efforts to preserve the peace and ensure domestic tranquillity.
Approved June 28, 1990.
LEGISLATIVE HISTORY—S.J. Res 264:: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 15, considered and passed Senate.

June 19, considered and passed House.

 Public Law 101–317: Calling upon the United Nations to repeal General Assembly Resolution 3379. Public Law 317 Public Law 101–317 104 Stat. 285 1990-06-29 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 2025-06-19 101public 104 STAT. 285 Public Law 101–317 101st Congress
Joint Resolution Calling upon the United Nations to repeal General Assembly Resolution 3379.

June 29, 1990

[S.J. Res. 246]

 Whereas the United Nations will celebrate the forty-fifth anniversary of its charter on June 26, 1990; Whereas Article I of the United Nations Charter establishes the United Nations as “a center for harmonizing the actions of nations”; Whereas on November 10, 1990, fifteen years will have passed since the adoption of United Nations General Assembly Resolution 3379 which formally declared Zionism to be “a form of racism and racial discrimination”; Whereas Zionism is a national movement of the Jewish people for self-determination, a legitimate and moral aspiration characteristic of many national groups in the modern world; Whereas United Nations General Assembly Resolution 3379 has had as its overt purpose the delegitimation of the State of Israel; Whereas United Nations General Assembly Resolution 3379 has impeded the struggle against real forms of racial bigotry and has had the incendiary effect of stimulating and encouraging antisemitism; Whereas United Nations General Assembly Resolution 3379 has been used to justify terrorist attacks against innocent people; Whereas United Nations General Assembly Resolution 3379 is violative of the principles of the United Nations Charter and makes it impossible for the General Assembly to play a credible role in the peaceful resolution of the Arab-Israeli conflict; and Whereas Public Laws 99–90 (S.J. Res. 98, 1985) and 100–169 (S.J. Res. 205, 1987) and earlier expressions of congressional concern bearing on this subject demonstrate that the United States condemns, denounces, and repudiates United Nations General Assembly Resolution 3379: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That— (1) the United States calls upon all member states of the United Nations General Assembly to take immediate action to repeal United Nations General Assembly Resolution 3379; 104 STAT. 286 (2) the President shall periodically report to the Congress on progress made toward the repeal of United Nations General Assembly Resolution 3379; and (3) the Congress commends the President for his commitment to achieving this goal.
Approved June 29, 1990.
LEGISLATIVE HISTORY—S.J. Res. 246: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 3, considered and passed Senate.

June 18, considered and passed House.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 26 (1990):

June 29, Presidential statement.

 Public Law 101–318: To amend title 17, United States Code, to change the fee schedule of the Copyright Office, and to make certain technical amendments. Public Law 318 Public Law 101–318 104 Stat. 287 1990-07-03 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 2025-06-19 101public 104 STAT. 287 Public Law 101–318 101st Congress
An Act To amend title 17, United States Code, to change the fee schedule of the Copyright Office, and to make certain technical amendments.

July 3, 1990

[H.R. 1622]

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

Copyright Fees and Technical Amendments Act of 1989.

17 USC 101 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Copyright Fees and Technical Amendments Act of 1989”.
SEC. 2. FEES OF COPYRIGHT OFFICE. (a) Fee Schedule.—Section 708(a) of title 17, United States Code, is amended to read as follows: “(a) The following fees shall be paid to the Register of Copyrights: “(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made, $20; “(2) on filing each application for registration of a claim for renewal of a subsisting copyright in its first term under section 304(a), including the issuance of a certificate of registration if registration is made, $12; “(3) for the issuance of a receipt for a deposit under section 407, $4; “(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document covering not more than one title, $20; for additional titles, $10 for each group of not more than 10 titles; “(5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license, $12; “(6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author, $20 for a document covering not more than one title; for each additional title, $2; “(7) for the issuance, under section 706, of an additional certificate of registration, $8; “(8) for the issuance of any other certification, $20 for each hour or fraction of an hour consumed with respect thereto; “(9) for the making and reporting of a search as provided by section 705, and for any related services, $20 for each hour or fraction of an hour consumed with respect thereto; and “(10) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service. The Register of Copyrights is authorized to fix the fees for preparing copies of Copyright Office records, whether or not such copies are certified, on the basis of the cost of such preparation.”. 104 STAT. 288 (b) Adjustment of Fees.— Section 708 of title 17, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: “(b) In calendar year 1995 and in each subsequent fifth calendar year, the Register of Copyrights, by regulation, may increase the fees specified in subsection (a) by the percent change in the annual average, for the preceding calendar year, of the Consumer Price Index published by the Bureau of Labor Statistics, over the annual average of the Consumer Price Index for the fifth calendar year preceding the calendar year in which such increase is authorized.”. (c) Conforming Amendment.—Section 704(e) of title 17, United States Code, is amended by striking out “708(a)(l1)” and inserting in lieu thereof “708(a)(10)”. (d)

17 USC 708 note.

 Effective Date.— (1) In general.— The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and shall apply to— (A)

Claims.

 claims to original, supplementary, and renewal copyright received for registration, and to items received for recordation in the Copyright Office, on or after such effective date, and (B) other requests for services received on or after such effective date, or received before such effective date for services not yet rendered as of such date. (2) Prior claims.—Claims to original, supplementary, and renewal copyright received for registration and items received for recordation in acceptable form in the Copyright Office before the effective date set forth in paragraph (1), and requests for services which are rendered before such effective date shall be governed by section 708 of title 17, United States Code, as in effect before such effective date.
SEC. 3. TECHNICAL AMENDMENTS. (a) Section 111.—Section 111 of title 17, United States Code, is amended— (1) in subsection (c)(2)(B) by striking out “recorded the notice specified by subsection (d) and”; and (2) in subsection (d)— (A) in paragraph (2) by striking out “paragraph (1)” and inserting in lieu thereof “clause (1)”; (B) in paragraph (3) by striking out “clause (5)” and inserting in lieu thereof “clause (4)”; and (C) in paragraph (3)(B) by striking out “clause (2)(A)” and inserting in lieu thereof “clause (1)(A)”. (b) Section 801.— Section 801(b)(2)(D) of title 17, United States Code, is amended by striking out “11l(d)(2) (C) and (D)” and inserting in lieu thereof “lll(d)(1) (C) and (D)”. (c) Section 804.—Section 804(a)(2)(C)(i) of title 17, United States Code, is amended by striking out “115” and inserting in lieu thereof “116”. (d) Section 106.—Section 106 of title 17, United States Code, is amended by striking out “118” and inserting in lieu thereof “119”. 104 STAT. 289 (e) Effective Date.— (1) The amendments made by subsections (a)

17 USC 111 note.

 and (b) shall be effective as of August 27, 1986. (2) The amendment made by subsection (c) shall be effective as of

17 USC 804 note.

 October 31, 1988. (3) The amendment made by subsection (d) shall be effective as of

17 USC 106 note.

 November 16, 1988.
Approved July 3, 1990.
LEGISLATIVE HISTORY—H.R. 1622 (S. 1271): HOUSE REPORTS: No. 101–267 (Comm. on the Judiciary). SENATE REPORTS: No. 101–230 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 16, considered and passed House.

Vol. 136 (1990): June 13, S. 1271 and H.R. 1622 considered and passed Senate.

June 12, Senate concurred in House amendments with amendments.

June 14, House concurred in Senate amendments.

 Public Law 101–319: To reduce the number of Commissioners on the Copyright Royalty Tribunal, to change the salary classification rates for members of the Copyright Tribunal and the United States Parole Commission, for the Register and Associate Registers of Copyrights, and for the Deputy and Assistant Commissioners of Patents and Trademarks, and for other purposes. Public Law 319 Public Law 101–319 104 Stat. 290 1990-07-03 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 2025-06-19 101public 104 STAT. 290 Public Law 101–319 101st Congress
An Act To reduce the number of Commissioners on the Copyright Royalty Tribunal, to change the salary classification rates for members of the Copyright Tribunal and the United States Parole Commission, for the Register and Associate Registers of Copyrights, and for the Deputy and Assistant Commissioners of Patents and Trademarks, and for other purposes.

July 3, 1990

[H.R. 3046]

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

Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989.

17 USC 101 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989”.
SEC. 2. COPYRIGHT ROYALTY TRIBUNAL AND COPYRIGHT OFFICE. (a) Membership of the Copyright Royalty Tribunal; Lapsed Terms; Pay.—Section 802(a) of title 17, United States Code, is amended to read as follows: “(a)

President of U.S.

 The Tribunal shall be composed of three Commissioners appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as a Commissioner shall be seven years, except that a Commissioner may serve after the expiration of his or her term until a successor has taken office. Each Commissioner shall be compensated at the rate of pay in effect for level V of the Executive Schedule under section 5316 of title 5.”. (b) Copyright Office.—Section 701 of title 17, United States Code, is amended by adding at the end the following new subsection: “(e) The Register of Copyrights shall be compensated at the rate of pay in effect for level IV of the Executive Schedule under section

Library of Congress.

5315 of title 5. The Librarian of Congress shall establish not more than four positions for Associate Registers of Copyrights, in accordance with the recommendations of the Register of Copyrights. The Librarian shall make appointments to such positions after consultation with the Register of Copyrights. Each Associate Register of Copyrights shall be paid at a rate not to exceed the maximum annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5.”.
SEC. 3. PAY RATES FOR PAROLE COMMISSION. (a) Chairman.—Section 5315 of title 5, United States Code, is amended by adding at the end the following:

“Chairman, United States Parole Commission.”.

 (b) Other Commissioners.—Section 5316 of title 5, United States Code, is amended by adding at the end the following:

“Commissioners, United States Parole Commission (8).”.
104 STAT. 291
SEC. 4. PAY RATES FOR DEPUTY AND ASSISTANT COMMISSIONERS OF PATENTS AND TRADEMARKS.Section 5316 of title 5, United States Code, is amended by adding at the end the following:

“Deputy Commissioner of Patents and Trademarks.

“Assistant Commissioner for Patents.

“Assistant Commissioner for Trademarks.”.
SEC. 5. EFFECTIVE DATE; BUDGET ACT.

17 USC 701 note.

 (a) Effective Date.—The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Budget Act.—Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974) which is provided under this Act shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriations Acts.
Approved July 3, 1990.
LEGISLATIVE HISTORY—H.R. 3046 (S. 1272): HOUSE REPORTS: No. 101–329 (Comm. on the Judiciary). SENATE REPORTS: No. 101–268 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 13, considered and passed House.

Vol. 136 (1990): June 13, S. 1272 and H.R. 3046 considered and passed Senate.

 Public Law 101–320: To amend the Chesapeake and Ohio Canal Development Act to make certain changes relating to the Chesapeake and Ohio Canal National Historical Park Commission. Public Law 320 Public Law 101–320 104 Stat. 292 1990-07-03 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 2025-06-19 101public 104 STAT. 292 Public Law 101–320 101st Congress
An Act To amend the Chesapeake and Ohio Canal Development Act to make certain changes relating to the Chesapeake and Ohio Canal National Historical Park Commission.

July 3, 1990

[H.R. 3545]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK COMMISSION. (a) Vacancy.—Section 6(c) of the Chesapeake and Ohio Canal Development Act (16 U.S.C. 410y–4(c)) is amended by adding at the end the following: “A member may serve after the expiration of his term until his successor has taken office.”. (b) Termination.—Section 6(g) of such Act (16 U.S.C. 410y–4(g)) is amended by striking “twenty” and inserting “thirty”.
Approved July 3, 1990.
LEGISLATIVE HISTORY—H.R. 3545: HOUSE REPORTS: No. 101–456 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–312 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed House.

June 14, considered and passed Senate.

 Public Law 101–321: To amend the National Trails System Act to designate the route from Selma to Montgomery for study for potential addition to the national trails system. Public Law 321 Public Law 101–321 104 Stat. 293 1990-07-03 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 2025-06-19 101public 104 STAT. 293 Public Law 101–321 101st Congress
An Act To amend the National Trails System Act to designate the route from Selma to Montgomery for study for potential addition to the national trails system.

July 3, 1990

[H.R. 3834]

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

Selma to Montgomery National Trail Study Act of 1989.

Alabama.

National parks, monuments, etc.

Historic preservation.

16 USC 1241 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Selma to Montgomery National Trail Study Act of 1989”.
SEC. 2. FINDINGS.The Congress finds that: (1) The march from Selma to Montgomery led to the passage of the Voting Rights Act of 1965, which achieved the legal right to vote for all Americans. (2) Events associated with the march from Selma to Montgomery and from what came to be known as “Bloody Sunday” sent shock waves around the world, raised the Nation’s consciousness and convinced political leaders that the time had come for voting rights legislation. (3) The designation of the route of the march from Selma to Montgomery as a national historic trail will serve as a reminder of the right and responsibility of all Americans to fully participate in the election processes. It will serve as a reminder that we must be ever vigilant in securing our right to vote. It will also give long overdue recognition to the men and women who have sacrificed so much for, and dedicated their lives to, voting rights for all Americans.
SEC. 3. DESIGNATION OF TRAIL FOR STUDY.Section 5(c) of the National Trails System Act (82 Stat. 919; 16 U.S.C. 1244(c)) is amended by adding the following new paragraph at the end thereof: (33) The route from Selma to Montgomery, Alabama traveled by people in a march dramatizing the need for voting rights legislation, in March 1965, includes Sylvan South Street, Water 104 STAT. 294Avenue, the Edmund Pettus Bridge, and Highway 80. The study under this paragraph shall be prepared in accordance with subsection (b) of this section, except that it shall be completed and submitted to the Congress with recommendations as to the trail’s suitability for designation not later than 1 year after the enactment of this paragraph.”.
Approved July 3, 1990.
LEGISLATIVE HISTORY—H.R. 3834: HOUSE REPORTS: No. 101–425 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–313 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 20, considered and passed House.

June 14, considered and passed Senate.

 Public Law 101–322: To amend the Rail Passenger Service Act to authorize appropriations for the National Railroad Passenger Corporation, and for other purposes. Public Law 322 Public Law 101–322 104 Stat. 295 1990-07-06 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 2025-06-19 101public 104 STAT. 295 Public Law 101–322 101st Congress
An Act To amend the Rail Passenger Service Act to authorize appropriations for the National Railroad Passenger Corporation, and for other purposes.

July 6, 1990

[H.R. 5075]

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

Amtrak Reauthorization and Improvement Act of 1990.

45 USC 501 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Amtrak Reauthorization and Improvement Act of 1990”.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.Section 601(b)(2) of the Rail Passenger Service Act (45 U.S.C. 601(b)(2)) is amended— (1) by striking “and” at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following: “(F) not to exceed $630,000,000 for the fiscal year ending September 30, 1989; “(G) not to exceed $656,000,000 for the fiscal year ending September 30, 1990; “(H) not to exceed $684,000,000 for the fiscal year ending September 30, 1991; and “(I) not to exceed $712,000,000 for the fiscal year ending September 30, 1992.”.
SEC. 3. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS. Title VIII of the Rail Passenger Service Act (45 U.S.C. 642 et seq.) is amended by adding at the end thereof the following new section:
“SEC. 810. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS.

Virginia.

45 USC 649.

District of Columbia.

Claims.

 “(a) Notwithstanding any other provision of law, in instances where a publicly funded commuter transportation authority established under Virginia law contracts to indemnify the Corporation for liability for operations conducted by or on behalf of the publicly funded commuter transportation authority or to indemnify a rail-road over whose tracks such operations are conducted, liability for all claims, whether for compensatory or punitive damages, arising from any accident or incident occurring in the District of Columbia against the Corporation or the publicly funded commuter transportation authority in connection with operations conducted by or on behalf of such publicly funded commuter transportation authority, or against a railroad over whose tracks such operations were conducted at the time of the accident or incident, shall not be in an amount greater than the limits of the liability coverage maintained by the publicly funded commuter transportation authority to indemnify the Corporation or the railroad. In no event shall the publicly funded commuter transportation authority maintain an aggregate limit of liability coverage less than $200,000,000. 104 STAT. 296 “(b) Subsection (a) shall not be effective unless the Corporation or a railroad seeking coverage hereunder has entered into an operating agreement with a publicly funded commuter transportation authority established under Virginia law to provide access for revenue service to its property in connection with the operations of the publicly funded commuter transportation authority.”.
SEC. 4. AUTHORIZATION TO USE FUNDS FOR SIMILAR PURPOSES.Proceeds from the sale of all or part of the railroad line for which funds were provided, for acquisition and rehabilitation, under section 511 of the Rail Safety and Service Improvement Act of 1982 may be used for similar purposes with respect to any railroad line connecting with such line, for the purpose of continued rail service on such lines.
SEC. 5. COOPERATION WITH STUDY.The National Railroad Passenger Corporation shall cooperate with the efforts of the Washington State Department of Transportation in designing and carrying out a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia.
SEC. 6. ROUTING FEASIBILITY STUDY.The National Railroad Passenger Corporation shall conduct a study to evaluate the short-term and long-term revenue and cost implications of separating the existing California Zephyr-Desert Wind-Pioneer train into two service routes serving separate western destinations via a southern route and a central route through Iowa. The Corporation shall include in this evaluation the projected cost for required additional passenger equipment, any projected loss, and any revenue and ridership gains, associated with offering a second

Reports

service route. A detailed report on the findings of the study shall be submitted by the Corporation to the Congress within 6 months after the date of enactment of this Act.
SEC. 7.

State and local governments.

 RESIDENCE OF EMPLOYEES. (a) Section 11504(a) of title 49, United States Code, is amended to

Taxes.

read as follows: “(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to an employee who performs regularly assigned duties as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee’s residence.”. (b) Section 11504(b) of title 49, United States Code, is amended to read as follows: “(b) (1) No part of the compensation paid by a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or by a motor private carrier to an employee who performs regularly assigned duties in 2 or more States as such an employee with respect to a motor vehicle shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee’s residence. 104 STAT. 297 “(2) In this subsection ‘employee’ has the meaning given such term in section 204 of the Motor Carrier Safety Act of 1984 (49 App. U.S.C. 2503).”. (c) Section 11504(d) of title 49, United States Code, is amended— (1) by striking “express, sleeping car,”; and (2) by striking “with—” and all that follows and inserting in lieu thereof the following: “with the State and subdivision of residence of the employee.”.
SEC. 8. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENT. (a) Section 8(a)(1)(B)(vi) of the Railroad Unemployment Insurance Act (45 U.S.C. 358(a)(1)(B)(vi)) is amended by inserting “the National Railroad Passenger Corporation and” immediately after “the contribution of” in the first sentence. (b) The amendment made by subsection (a) shall be effective as of

Effective date.

45 USC 358 note.

 January 1, 1989.
SEC. 9. STUDY OF LOAN GUARANTEE NEEDS. The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall study and survey the present and potential need and demand among class II and class III railroads for Federal guarantees of obligations as provided for by section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831). Such study and survey shall examine the present and potential need and demand for such guarantees to fund rehabilitation and improvement of facilities or equipment, acquisition of new railroad facilities, and refinancing of existing debt. The Secretary of Transportation shall report to Congress

Reports.

 no later than 90 days following the date of the enactment of this Act the results of such study and survey. Such report shall include an analysis of the present and potential need and demand for Federal guarantees of class II and class III railroad debt, the amount of guarantee authority required to meet that need, and a projection of demand for such Federal guarantees through fiscal year 1995.
SEC. 10. FEDERAL OPERATING SUPPORT REPORT.The National Railroad Passenger Corporation shall report to Congress by June 1, 1991, on its plan to eliminate its need for Federal operating support by the year 2000. The report should include a discussion of the actions that could be taken to enhance revenues, to control costs, and to improve productivity and efficiency of operations, as well as an estimate of the capital investment needed to take such actions.
SEC. 11. NEW SERVICE STUDY.The National Railroad Passenger Corporation shall study the economic feasibility of providing new service, if such service will 104 STAT. 298have the potential of covering the operating costs associated with such service, to areas not served by the Corporation as of the date of enactment of this Act. Within two years after such date of enactment, the Corporation shall report to Congress on the results of that study.
Approved July 6, 1990.
LEGISLATIVE HISTORY—H.R. 5075: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 25, considered and passed House and Senate.

 Public Law 101–323: To commemorate the bicentennial of the enactment of the law which provided civil government for the territory from which the State of Tennessee was formed. Public Law 323 Public Law 101–323 104 Stat. 299 1990-07-06 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 2025-06-19 101public 104 STAT. 299 Public Law 101–323 101st Congress
Joint Resolution To commemorate the bicentennial of the enactment of the law which provided civil government for the territory from which the State of Tennessee was formed.

July 6, 1990

[H.J. Res. 555]

 Whereas on May 26, 1790, President George Washington signed into law the Act entitled “An Act for the government of the territory of the United States, south of the river Ohio”; Whereas the State of Tennessee, which was formed from such territory, was the first State to be admitted to the Union from territorial status; Whereas, from 1790 to 1792, a log cabin known as “Rocky Mount” served as that territory’s first territorial capitol; and Whereas William Blount, the first governor of that territory, resided at Rocky Mount during the period of time referred to in the preceding clause: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is authorized and requested to issue a proclamation calling on the people of the United States to observe May 26, 1990, with appropriate ceremonies and activities to mark the bicentennial of the enactment of the Act entitled “An Act for the government of the territory of the United States, south of the river Ohio”.
Approved July 6, 1990.
LEGISLATIVE HISTORY—H.J. Res. 555 (S.J. Res. 330): CONGRESSIONAL RECORD, Vol. 136 (1990):

May 24, considered and passed House.

June 18, considered and passed Senate.

 Public Law 101–324: To amend the Higher Education Amendments of 1986 to clarify the administrative procedures of the National Commission on Responsibilities for Financing Postsecondary Education, and for other purposes. Public Law 324 Public Law 101–324 104 Stat. 300 1990-07-06 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 2025-06-19 101public 104 STAT. 300 Public Law 101–324 101st Congress
An Act To amend the Higher Education Amendments of 1986 to clarify the administrative procedures of the National Commission on Responsibilities for Financing Postsecondary Education, and for other purposes.

July 6, 1990

[S. 1999]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ADMINISTRATION OF COMMISSION.Section 1321 of the Higher Education Amendments of 1986 (20 U.S.C. 1221–1 note) is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: “(e) Administration of the Commission.— (1) Rate of pay.—Members of the Commission who are not full-time officers or employees of the United States and who are not Members of Congress may, while serving on business of the Commission, be compensated at a rate not to exceed the rate specified at the time of such service for Grade GS–18 of the General Schedule as authorized by section 5332 of title 5, United States Code, for each day, or any part of a day, they are engaged in the actual performance of Commission duties, including travel time; and while so serving away from their homes or regular places of business, all members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (2) Temporary exemption.— Subject to such rules as may be adopted by the Commission, the Chairperson, 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 relating to classification and General Schedule pay rates, shall have the power to— “(A) appoint a Director or Executive Director who shall be paid at a rate not to exceed the rate of basic pay for GS–18 of the General Schedule; and “(B) appoint and fix the compensation at a rate not to exceed the rate payable at the GS-18 rate of such other personnel as the Chairperson considers necessary. (3) Authority to contract.—Subject to the Federal Property and Administrative Services Act of 1949, as amended, the Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. 104 STAT. 301 “(4) Source of administrative support.—Financial and administrative support services (including those related to budget and accounting, financial reporting, payroll, and personnel) shall be provided to the Commission by the General Services Administration (or other appropriate organization) for which payment shall be made in advance, or by reimbursement, from funds of the Commission, in such amounts as may be agreed by the Chairperson of the Commission and the Administrator of General Services. “(5) Authority to hire experts and consultants.—The Commission is authorized to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS–18. Experts and consultants may be employed without compensation if they agree to do so in advance. “(6) Authority for detail of employees.—Upon request of the Commission, the head of any Federal agency is authorized to detail on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this section.”.
SEC. 2. TERMINATION OF COMMISSION.Subsection (g) of section 1321 of the Higher Education Amendments of 1986, as redesignated by section 1 of this Act, is amended to read as follows: “(g) Termination.—The Commission shall terminate 2 years after the first meeting of the members.”.
Approved July 6, 1990.
LEGISLATIVE HISTORY—S. 1999: HOUSE REPORTS: No. 101–517 (Comm. on Education and Labor). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed Senate.

Vol. 136 (1990): June 5, considered and passed House, amended.

June 22, Senate concurred in House amendment.

 Public Law 101–325: To designate July 10, 1990 as “Wyoming Centennial Day”. Public Law 325 Public Law 101–325 104 Stat. 302 1990-07-06 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 2025-06-19 101 2 public 104 STAT. 302 Public Law 101–325 101st Congress
Joint Resolution To designate July 10, 1990 as “Wyoming Centennial Day”.

July 6, 1990

[S.J. Res. 271]

 Whereas on July 10, 1890, President Benjamin Harrison signed a proclamation admitting Wyoming as the forty-fourth State in the Union. Whereas Wyoming is known as the Equality forty-fourth State; Whereas Wyoming was the first State to recognize the rights of women and allow them voting privileges; Whereas Wyoming appointed the first woman Justice of the Peace, Esther Hobart Morris, whose statue now graces the United States Capitol; Whereas Wyoming is the home of the first national forest, the Shoshone; Whereas Wyoming elected the first woman governor, Mrs. Nellie Tayloe Ross; Whereas Wyoming, which represents the ideal in outdoor recreation, became the home of our Nation’s first national park, Yellowstone National Park, the founding gem and is the site of the magnificent Grand Tetons; Whereas Wyoming is also the home of America’s first national monument, Devils Tower; Whereas Wyoming is the site of the mother store of J.C. Penney’s Department store in Kemmerer, founding a familiar fixture on mainstreets across America; Whereas renowned inventor Thomas Alva Edison received the inspiration for the invention of the incandescent bulb while fishing and camping in Encampment, Wyoming; Whereas Wyoming is home to the Nation’s largest rodeo, Cheyenne Frontier Days, “the Daddy of them all”; Whereas Wyoming’s beautiful mountains, trees, ranches and natural resources are appreciated nationwide; Whereas on July 10, 1990, the State of Wyoming will see the dawn of a new century: Now, therefore, be it 104 STAT. 303 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That July 10, 1990, is designated “Wyoming Centennial Day”, and the President is authorized and requested to issue a proclamation acknowledging the economic, social and historic contributions of the people of Wyoming to the United States of America over the past century.
Approved July 6, 1990.
LEGISLATIVE HISTORY—S.J. Res. 271: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

June 28, considered and passed House.

 Public Law 101–326: For the designation of July 22, 1990, as “Rose Fitzgerald Kennedy Family Appreciation Day”. Public Law 326 Public Law 101–326 104 Stat. 304 1990-07-06 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 2025-06-19 101 2 public 104 STAT. 304 Public Law 101–326 101st Congress
Joint Resolution For the designation of July 22, 1990, as “Rose Fitzgerald Kennedy Family Appreciation Day”.

July 6, 1990

[S.J. Res. 315]

 Whereas on July 22, 1990, one of the most admired and beloved symbols of the American family, Rose Fitzgerald Kennedy, will reach the age of one hundred years; Whereas the strength and integrity of the family are essential to our well-being as a Nation; Whereas a secure and loving family is a principal source of the values, beliefs, traditions, ideals, and concern for others at the heart of the American character; Whereas families provide continuity for the American people from generation to generation, linking the Nation’s past, present, and future, and ensuring that our heritage of liberty, democracy, and justice for all is maintained in present generations and carried forward to future generations; Whereas Rose Fitzgerald Kennedy, throughout her long and active life, has emphasized the importance of the family as the foundation of a secure and caring society; Whereas Rose Fitzgerald Kennedy has inspired millions of Americans with her courage, her faith, her commitment to the central role of the family in American life, and her belief in the responsibility of citizens of all ages to help others and to serve others to the best of their ability; Whereas Rose Fitzgerald Kennedy has worked tirelessly to improve the lives of those with mental and physical disabilities; and Whereas the Congress and the Nation hold Rose Fitzgerald Kennedy in high affection and esteem: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Congress hereby conveys its appreciation, affection and respect to Rose Fitzgerald Kennedy on the occasion of her one hundredth birthday, July 22, 1990.
104 STAT. 305
Sec. 2. The President of the United States is hereby authorized and requested to issue a proclamation designating July 22, 1990, as “Rose Fitzgerald Kennedy Family Appreciation Day”, and calling upon the people of the United States to observe the day with appropriate ceremonies and activities.
Approved July 6, 1990.
LEGISLATIVE HISTORY—S.J. Res 315: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 15, considered and passed Senate.

June 21, considered and passed House.

 Public Law 101–327: Designating July 2, 1990, as “National Literacy Day”. Public Law 327 Public Law 101–327 104 Stat. 306 1990-07-06 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 2025-06-19 101 2 public 104 STAT. 306 Public Law 101–327 101st Congress
Joint Resolution Designating July 2, 1990, as “National Literacy Day”.

July 6, 1990

[S.J. Res. 320]

 Whereas literacy is a necessary tool for survival in our society; Whereas thirty-five million Americans today read at a level which is less than necessary for full survival needs; Whereas there are twenty-seven million adults in the United States who cannot read, whose resources are left untapped, and who are unable to offer their full contribution to society; Whereas illiteracy is growing rapidly, as two million three-hundred thousand persons, including one million two-hundred thousand legal and illegal immigrants, one million high school dropouts, and one hundred thousand refugees, are added to the pool of illiterates annually; Whereas the annual cost of illiteracy to the United States in terms of welfare expenditures, crime, prison expenses, lost revenues, and industrial and military accidents has been estimated at $225,000,000,000; Whereas the competitiveness of the United States is eroded by the presence in the workplace of millions of Americans who are functionally or technologically illiterate; Whereas there is a direct correlation between the number of illiterate adults unable to perform at the standard necessary for available employment and the money allocated to child welfare and unemployment compensation; Whereas the percentage of illiterates in proportion to population size is higher for blacks and Hispanics, resulting in increased economic and social discrimination against these minorities; Whereas the prison population represents the single highest concentration of adult illiteracy; Whereas one million children in the United States between the ages of twelve and seventeen cannot read above a third grade level, 13 per centum of all seven teen-year-olds are functionally illiterate, and 15 per centum of graduates of urban high schools read at less than a sixth grade level; Whereas 85 per centum of the juveniles who appear in criminal court are functionally illiterate; Whereas the 47 per centum illiteracy rate among black youths is expected to increase; Whereas one-half of all heads of households cannot read past the eighth grade level and one-third of all mothers on welfare are functionally illiterate; Whereas the cycle of illiteracy continues because the children of illiterate parents are often illiterate themselves because of the lack of support they receive from their home environment; Whereas Federal, State, municipal, and private literacy programs have only been able to reach 5 per centum of the total illiterate population; 104 STAT. 307 Whereas it is vital to call attention to the problem of illiteracy, to understand the severity of the problem and its detrimental effects on our society, and to reach those who are illiterate and unaware of the free services and help available to them; and Whereas it is also necessary to recognize and thank the thousands of volunteers who are working to promote literacy and provide support to the millions of illiterates in need of assistance: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That July 2, 1990, is designated as “National Literacy Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities.
Approved July 6, 1990.
LEGISLATIVE HISTORY—S.J. Res. 320: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

June 21, considered and passed House.

 Public Law 101–328: To authorize appropriations for the National Space Council, and for other purposes. Public Law 328 Public Law 101–328 104 Stat. 308 1990-07-08 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 2025-06-19 101 2 public 104 STAT. 308 Public Law 101–328 101st Congress
An Act To authorize appropriations for the National Space Council, and for other purposes.

July 8, 1990

[S. 2124]

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

National Space Council Authorization Act of 1990.
short title Section 1. This Act may be cited as the “National Space Council Authorization Act of 1990”.
authorization of appropriations Sec. 2.

42 USC 2471 note.

There are authorized to be appropriated to carry out the activities of the National Space Council established by section 501 of the National Aeronautics and Space Administration Authorization Act, fiscal year 1989 (42 U.S.C. 2471), $1,200,000 for fiscal year 1990. The National Space Council shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it.
staffing Sec. 3. (a)

42 USC 2471 note.

Not more than six individuals may be employed by the National Space Council without regard to any provision of law regulating the employment or compensation of persons in the Government service, at rates not to exceed the rate of pay for level VI of the Senior Executive Schedule as provided pursuant to section 5382 of title 5, United States Code. (b) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following:

“Executive Secretary, National Space Council.”.

experts and consultants Sec. 4.

42 USC 2471 note.

The National Space Council may, for purposes of carrying out its functions, employ experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate individuals so employed for each day they are involved in a business of the National Space Council (including traveltime) at rates not in excess of the daily equivalent of the maximum rate of pay for grade GS–18 as provided pursuant to section 5332 of title 5, United States Code.
review of launch industry Sec. 5. (a) The National Space Council is requested to initiate a review of United States launch policy, including the Nation’s expendable launch vehicle and satellite industries, their current and projected markets, the existing and projected level of foreign competition in these industries, the extent and level of support from foreign governments in these markets and industries, the con-104 STAT. 309sequences of the entry of nonmarket providers of launch services and satellites into the world market, restrictions on the use of foreign launch services and the export of United States satellites, and the importance of the United States launch vehicle and satellite industry to the national and economic security. (b) The findings of this review and any policy recommendations are to be submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives by August 1, 1990.
effective date Sec. 6. The provisions of this Act are effective as of October 1,

5 USC 5314 note.

1989.
Approved July 8, 1990.
LEGISLATIVE HISTORY—S. 2124: CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 20, considered and passed Senate.

June 26, considered and passed House.

 Public Law 101–329: Designating July 19, 1990, as “Flight Attendant Safety Professionals’ Day”. Public Law 329 Public Law 101–329 104 Stat. 310 1990-07-08 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 2025-06-19 101 2 public 104 STAT. 310 Public Law 101–329 101st Congress
Joint Resolution Designating July 19, 1990, as “Flight Attendant Safety Professionals’ Day”.

July 8, 1990

[S.J. Res 278]

 Whereas Federal aviation regulations, since 1952, have required flight attendants on board all commercial airlines to safeguard the well-being of passengers; Whereas flight attendants are trained to respond to medical emergencies and have assisted in saving passengers’ lives in emergencies caused by strokes, heart attacks, and so forth; Whereas flight attendants’ professionalism and calmness in evacuations of crashed airplanes have saved thousands of lives that otherwise would have been lost; Whereas flight attendants have given their lives to save passengers in emergency evacuations, sustaining an on-the-job fatality rate higher than that of police officers; Whereas flight attendants have assisted in hundreds of in-flight emergencies due to hijackings, terrorist acts, decompressions, and severe turbulence; and Whereas flight attendants have vigorously strived for safety improvements at their airlines and the Federal Aviation Administration and have worked diligently to educate the flying public of safety procedures: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That July 19, 1990, is designated as “Flight Attendant Safety Professionals’ Day”, and the President is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities.
Approved July 8, 1990.
LEGISLATIVE HISTORY—S.J. Res. 278: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

June 26, considered and passed House.

 Public Law 101–330: To amend the Child Nutrition Act of 1966 to provide that the Secretary of Agriculture may not consider, in allocating amounts to a State agency under the special supplemental food program for women, infants, and children for the fiscal year 1991, any amounts returned by such agency for reallocation during the fiscal year 1990 and to allow amounts allocated to a State for such program for the fiscal year 1991 to be expended for expenses incurred in the fiscal year 1990. Public Law 330 Public Law 101–330 104 Stat. 311 1990-07-12 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 2025-06-19 101 2 public 104 STAT. 311 Public Law 101–330 101st Congress
An Act To amend the Child Nutrition Act of 1966 to provide that the Secretary of Agriculture may not consider, in allocating amounts to a State agency under the special supplemental food program for women, infants, and children for the fiscal year 1991, any amounts returned by such agency for reallocation during the fiscal year 1990 and to allow amounts allocated to a State for such program for the fiscal year 1991 to be expended for expenses incurred in the fiscal year 1990.

July 12, 1990

[H.R. 5149]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO THE CHILD NUTRITION ACT OF 1966. Section 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended at the end thereof by adding new subparagraphs (3) (E), (F) and (G) which read: “(E) Notwithstanding any other provision in this paragraph and paragraph (2) a State agency may, subject to the approval of the Secretary under subparagraph (F), expend not more than 3 percent of the amount of funds allocated to such agency for supplemental foods for the fiscal year 1991 for expenses incurred under this section for supplemental foods during the fiscal year 1990. “(F) Each State agency which intends to use the authority provided in subparagraph (E) shall request approval from the Secretary in advance and shall submit a plan showing how the State’s caseload will be managed to meet funding limitations. The Secretary shall review and make determinations on such plans on an expedited basis. “(G) No State can use the authority provided under subparagraph (E) to increase the caseload level above the highest level to date in fiscal year 1990.”.
Approved July 12, 1990.
LEGISLATIVE HISTORY—H.R. 5149: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 28, considered and passed House and Senate.

 Public Law 101–331: To designate July 1, 1990, as “National Ducks and Wetlands Day”. Public Law 331 Public Law 101–331 104 Stat. 312 1990-07-13 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 2025-06-19 101 2 public 104 STAT. 312 Public Law 101–331 101st Congress
Joint Resolution To designate July 1, 1990, as “National Ducks and Wetlands Day”.

July 13, 1990

[H.J. Res. 599]

 Whereas the United States converts almost 500,000 acres of wetlands to other uses each year; Whereas the Department of the Interior annually issues a Federal duck stamp and uses all funds raised by the sale of the stamp to acquire wildlife habitat in the form of wetlands that support both waterfowl and other wildlife; Whereas the United States Postal Service sells more than 1,500,000 duck stamps annually; Whereas citizens of the United States have purchased duck stamps for over half a century to support the conservation benefits of saving wetlands; Whereas the sale of duck stamps has raised more than $400,000,000 since the inception of the program, and these proceeds have been used to acquire almost 4,000,000 acres of prime habitat for the National Refuge System; Whereas on Sunday, July 1, 1990, the Fish and Wildlife Service of the Department of the Interior will issue a Federal duck stamp that will go on sale at post offices nationwide; Whereas according to popular tradition, the artist who designed the new stamp will be honored at a First Day of Sale Ceremony to be held near the hometown of the artist; Whereas the United States Postal Service will host a ceremony at the new Minnesota Valley Wildlife Refuge Visitors Center to honor the fourteenth duck stamp to be designed by a Minnesota artist; and Whereas the citizens of Minnesota have dedicated an afternoon program of ceremony, information, and family activities to support the conservation of wetlands and waterfowl: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That July 1, 1990, is designated as “National Ducks and Wetlands Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the day with appropriate ceremonies and activities and to support conservation efforts by purchasing duck stamps.
Approved July 13, 1990.
LEGISLATIVE HISTORY—H.J. Res. 599 (S.J. Res. 338): CONGRESSIONAL RECORD, Vol. 136 (1990):

June 28, considered and passed House. S.J. Res. 338 and H.J. Res. 599 considered and passed Senate.

 Public Law 101–332: To require the Secretary of the Treasury to mint coins in commemoration of the Golden Anniversary of the Mount Rushmore National Memorial. Public Law 332 Public Law 101–332 104 Stat. 313 1990-07-16 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 2025-06-19 101 2 public 104 STAT. 313 Public Law 101–332 101st Congress
An Act To require the Secretary of the Treasury to mint coins in commemoration of the Golden Anniversary of the Mount Rushmore National Memorial.

July 16, 1990

[H.R. 1028]

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

Mount Rushmore Commemorative Coin Act.

31 USC 5112 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Mount Rushmore Commemorative Coin Act”.
SEC. 2. COIN SPECIFICATIONS.

31 USC 5112 note.

 (a) Five Dollar Gold Coins.— (1) Issuance.—The Secretary of the Treasury (hereafter in this Act referred to as the “Secretary”) shall issue not more than 500,000 five dollar coins which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) Design.—The design of such five dollar coins shall be emblematic of the Mount Rushmore National Memorial. On each such five dollar coin there shall be a designation of the value of the coin, an inscription of the year “1991”, and inscriptions of the words “Liberty”, “In God we Trust”, “United States of America”, and “E Pluribus Unum”. (b) One Dollar Silver Coins.— (1) Issuance.—The Secretary shall issue not more than 2.5 million one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.—The design of such dollar coins shall be emblematic of the Mount Rushmore National Memorial. On each such coin there shall be a designation of the value of the coin, an inscription of the year “1991”, and inscriptions of the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”. (c) Half Dollar Clad Coins.— (1) Issuance.—The Secretary shall issue not more than 2.5 million half dollar coins which shall be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (2) Design.—The design of such half dollar coins shall be emblematic of the Mount Rushmore National Memorial. On each such coin there shall be a designation of the value of the coin, an inscription of the year “1991”, and inscriptions of the words “Liberty”, “In God we Trust”, “United States of America”, and “E Pluribus Unum”. (d) Legal Tender.—The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code.
104 STAT. 314
SEC. 3.

31 USC 5112 note.

 SOURCES OF BULLION. (a) Gold.—The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.—The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 4.

31 USC 5112 note.

 SELECTION OF DESIGN. The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Mount Rushmore National Memorial Society of Black Hills (hereafter in this Act referred to as the “Society”) and the United States Commission of Fine Arts.
SEC. 5.

31 USC 5112 note.

 SALE OF COINS. (a) Sale Price.—Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.—The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders at a Discount.—The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.—All sales shall include a surcharge of $35 per coin for the five dollar coins, $7 per coin for the one dollar coins, and $1 for the half dollar coins.
SEC. 6.

31 USC 5112 note.

 ISSUANCE OF THE COINS. (a) Period for Issuance.—The coins authorized under this Act shall be issued only during 1991. (b) Proof and Uncirculated Coins.—The coins authorized under this Act shall be issued in uncirculated and proof qualities and not more than 1 facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality.
SEC. 7.

31 USC 5112 note.

 GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.
SEC. 8.

31 USC 5112 note.

 DISTRIBUTION OF SURCHARGES. Of the total surcharges received by the Secretary from the sale of the coins issued under this Act— (1) 50 percent shall be returned to the Federal Treasury for purposes of reducing the national debt; and (2) 50 percent shall be promptly paid by the Secretary to the Society to assist the Society’s efforts to improve, enlarge, and renovate the Mount Rushmore National Memorial.
104 STAT. 315
SEC. 9. AUDITS.

31 USC 5112 note.

 The Comptroller General shall have the right to examine such books, records, documents, and other data of the Society as may be related to the expenditure of amounts paid under section 8.
SEC. 10. COINAGE PROFIT FUND.

31 USC 5112 note.

 Notwithstanding any other provision of law— (1) all amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund; (2) the Secretary shall pay the amounts authorized under this Act from the coinage profit fund to the Mount Rushmore National Memorial Society of Black Hills; and (3) the Secretary shall charge the coinage profit fund with all expenditures under this Act.
SEC. 11. FINANCIAL ASSURANCES.

31 USC 5112 note.

 (a) The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 2 shall not result in any net cost to the Federal Government. (b) No coin shall be issued under this Act unless the Secretary has received— (1) full payment therefor; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
Approved July 16, 1990.
LEGISLATIVE HISTORY—H.R. 1028 (S. 148): CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 3, S. 148 considered and passed Senate.

Vol. 136 (1990): May 15, H.R. 1028 considered and passed House.

June 28, considered and passed Senate.

 Public Law 101–333: To authorize the Secretary of the Air Force to purchase certain property at Pease Air Force Base, New Hampshire. Public Law 333 Public Law 101–333 104 Stat. 316 1990-07-16 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 2025-06-19 101 2 public 104 STAT. 316 Public Law 101–333 101st Congress
An Act To authorize the Secretary of the Air Force to purchase certain property at Pease Air Force Base, New Hampshire.

July 16, 1990

[H.R. 4252]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PEASE AIR FORCE BASE, NEW HAMPSHIRE. (a) In General.—Subject to subsections (b) through (e), the Secretary of the Air Force may— (1) make payment pursuant to subsection (b) to purchase all right, title, and interest of members of the Air Force and their spouses in manufactured housing located at the base manufactured housing park at Pease Air Force Base, New Hampshire, on January 1, 1989, and not moved from the base since that date; or (2) make payment pursuant to subsection (b) and take action described in subsection (c)(2) with respect to such housing, (b) Amount of Payment.—Subject to subsection (c)(2), the Secretary shall establish the amount of the payment to be made under this section, but such amount shall not exceed— (1) 90 percent of the member’s purchase price of the manufactured housing; or (2) if elected by the member, the amount of the outstanding mortgages on such housing that are attributable to purchasing the manufactured housing or making a capital improvement thereto. (c) Disposal of Manufactured Housing.—The Secretary may, subject only to the provisions of this section— (1) sell, donate, trade, or otherwise dispose of any manufactured housing acquired under authority of this section; or (2) permit the member to retain the manufactured housing for removal from Pease Air Force Base, with an appropriate reduction for the value of the manufactured housing as personal property from the amount otherwise payable under subsection (b). 104 STAT. 317 (d) Source of Funds.—The payments authorized by subsection (a) shall be made from funds appropriated for operation and maintenance of the Department of the Air Force for any fiscal year. (e) Other Terms and Conditions.—The Secretary shall require such other terms and conditions on any payment made under this section that are in the best interests of the United States.
Approved July 16, 1990.
LEGISLATIVE HISTORY—H.R. 4252: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 21, considered and passed House.

June 28, considered and passed Senate.

 Public Law 101–334: To amend the Ethics in Government Act of 1978 to increase the authorization of appropriations for the Office of Government Ethics. Public Law 334 Public Law 101–334 104 Stat. 318 1990-07-16 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 2025-06-19 101 2 public 104 STAT. 318 Public Law 101–334 101st Congress
An Act To amend the Ethics in Government Act of 1978 to increase the authorization of appropriations for the Office of Government Ethics.

July 16, 1990

[H.R. 4525]

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

Ethics in Government Act Amendment of 1990.

5 USC app. 101 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Ethics in Government Act Amendment of 1990”.
SEC. 2.

5 USC app. 405.

 INCREASE IN AUTHORIZATION OF APPROPRIATIONS. Section 405(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking “$3,500,000” and inserting “$5,000,000”.
Approved July 16, 1990.
LEGISLATIVE HISTORY—H.R. 4525: HOUSE REPORTS: No. 101–502, Pt. 1 (Comm. on the Judiciary) and Pt. 2 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 25, considered and passed House.

June 28, considered and passed Senate.

 Public Law 101–335: Amending subchapter III of chapter 84 of title 5, United States Code. Public Law 335 Public Law 101–335 104 Stat. 319 1990-07-17 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 2025-06-19 101 2 public 104 STAT. 319 Public Law 101–335 101st Congress
An Act Amending subchapter III of chapter 84 of title 5, United States Code.

July 17, 1990

[H.R. 2514]

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

Thrift Savings Plan Technical Amendments Act of 1990.

Government organization and employees.

Retirement.

5 USC 8401 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Thrift Savings Plan Technical Amendments Act of 1990”.
SEC. 2. CORRECTION OF EMPLOYING AGENCY ERRORS RELATING TO THE THRIFT SAVINGS PLAN. (a) In General.— (1) Amendment to chapter 84.—Chapter 84 of title 5, United States Code, is amended by inserting after section 8432 the following:
“§ 8432a. Payment of lost earnings “(a)(1) The Executive Director shall prescribe regulations under

Regulations.

which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2). “(2) If the error involves an employing agency’s failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to— “(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or “(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up. “(b) The regulations— “(1) shall include— “(A) procedures for computing lost earnings; and “(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts; “(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible; “(3) may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and “(4) may include such other provisions as the Executive Director determines appropriate to carry out this section. “(c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund 104 STAT. 320available to the employing agency for payment of salaries of the participant’s office or establishment. If a participant in the legislative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.”
 (2) Conforming amendment.—The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8432 the following: “8432a. (b)

5 USC 8432a note.

 Applicability.—The amendments made by this section shall apply with respect to lost earnings attributable to errors made before, on, or after the date of enactment of this Act.
SEC. 3. REMOVAL OF RESTRICTIONS RELATING TO THE INVESTMENT OF AMOUNTS IN THE THRIFT SAVINGS FUND. (a) In General.—Section 8438 of title 5, United States Code, is amended— (1) by striking subsection (e) and redesignating subsections (f) through (i) as subsections (e) through (h), respectively; (2) in subsection (b)(1)(A), by striking “subsection (f)” and inserting “subsection (e)”; (3) in subsection (c)(1), by striking “Subject to subsection (e), the” and inserting “The”; (4) in subsection (d)(1), by striking “and not subject to subsection (e)”; (5) in paragraphs (1) and (2) of subsection (g) (as so redesignated by paragraph (1)), by striking “subsection (f)” and inserting “subsection (e)”, and in paragraph (3) of subsection (g) (as so redesignated), by striking “subsection (f)(2)” and inserting “subsection (e)(2)”; (6) in subsection (g)(6) (as so redesignated by paragraph (1)), by striking “subsection (i)” and inserting “subsection (h)”; and (7) in paragraph (1) of subsection (h) (as so redesignated by paragraph (1)), by striking “subsection (h)” and inserting “subsection (g)”, and in paragraph (2) of subsection (h) (as so redesignated), by striking “subsection (f)” and inserting “subsection (e)”. (b) Removal of Investment Restrictions Affecting CSRS Participants and Others.— (1) CSRS participants.—Section 8351(b)(8) of title 5, United States Code, is repealed. (2) Justices and judges.—Subsection (b) of the first section 8440a of title 5, United States Code, is amended by striking paragraph (6) and redesignating paragraph (7) as paragraph (6). (3) Bankruptcy judges and magistrates.—Section 8440b(b) of title 5, United States Code (as so redesignated by section 9) is amended by striking paragraph (7) and redesignating paragraph (8) as paragraph (7). (4)

5 USC 8438 note.

 Others.—Any other provision of law, in effect on the date of enactment of this Act, which provides that any amounts contributed to the Thrift Savings Fund, or earnings thereon, may be invested or reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of title 5, United States Code, shall cease to be effective. 104 STAT. 321 (c) Effective Date.—Subsections (a) and (b), and the amendments

5 USC 8351 note.

made by such subsections, shall be effective as of the second election period described in section 8432(b) of title 5, United States Code, beginning after the date of enactment of this Act, or as of such earlier date as the Executive Director may by regulation prescribe.
SEC. 4. EXEMPTION OF THRIFT SAVINGS PLAN ANNUITIES FROM STATE AND LOCAL PREMIUM TAXES. (a) In General.—Section 8434 of title 5, United States Code, is amended by adding at the end the following: “(e)(1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any amount paid to purchase an annuity contract under this section. “(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing an annuity contract under this section from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that entity from the sale of an annuity contract under this section if that tax, fee, or payment is applicable to a broad range of business activity.” (b) Effective Date.—The amendment made by subsection (a)

5 USC 8434 note.

shall take effect 30 days after the date of enactment of this Act.
SEC. 5. CLARIFYING AMENDMENTS RELATING TO AN ANNUITY’S COMMENCEMENT DATE. (a) Amendments to Section 8433.— (1) Relating to deadline for changing an election.—Section 8433(f)(3)(A) of title 5, United States Code, is amended by striking “an annuity elected by the former employee or Member commences.” and inserting “an annuity contract is purchased to provide for the annuity elected by the former employee or Member.” (2) Relating to restrictions concerning deferred annuities.— Section 8433(f)(3)(B) of title 5, United States Code, is amended to read as follows: “(B) A modification of a date may not be made under paragraph (2) on or after the date on which an annuity contract is purchased to provide for the annuity involved, and may not specify a date for the commencement of an annuity earlier than 90 days after the date on which the modification is submitted to the Executive Director (or such period shorter than 90 days as the Executive Director may by regulation prescribe).” (b) Amendments to Section 8434.— (1) Relating to deadline for changing an election.—Section 8434(b) of title 5, United States Code, is amended by striking “the annuity commences,” and inserting “an annuity contract is purchased to provide for that annuity,”. (2) Relating to the purchase of annuity contracts.—Section 8434(d)(1) of title 5, United States Code, is amended by striking “At the time an annuity is to commence under this subchapter,” and inserting “Not earlier than 90 days (or such shorter period as the Executive Director may by regulation prescribe) before an annuity is to commence under this subchapter,”. 104 STAT. 322 (c) Amendments to Section 8435.— (1) Determination of marital status.—Section 8435(c)(1) of title 5, United States Code, is amended— (A) by inserting “an annuity contract is purchased to provide for” after “the date on which”; and (B) by striking “commences”. (2) Deadline for receipt of notification.—Section 8435(d)(2)(B)(ii) of title 5, United States Code, is amended by striking “the annuity commences,” and inserting “an annuity contract is purchased to provide for the annuity,”. (d)

5 USC 8433 note.

 Effective Date.—The amendments made by this section shall be effective as of April 1, 1987.
SEC. 6. PROVISIONS RELATING TO ACCOUNTS HAVING A FINAL BALANCE OF $3,500 OR LESS. (a) In General.— (1) Definition.—Section 8401 of title 5, United States Code, is amended— (A) in paragraph (30), by striking the final “and”; (B) in paragraph (31), by striking “States.” and inserting “States; and”; and (C) by adding at the end the following: “(32) the term ‘nonforfeitable account balance’ means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g)).” (2) Payment of nonforfeitable account balance in case of nonelection.—Section 8433(h) of title 5, United States Code, is amended to read as follows: “(h)(1) Notwithstanding subsection (d), if an employee or Member separates from Government employment before becoming entitled to a deferred annuity under subchapter II, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in subsection (e). “(2) Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under either of those subsections, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b) or (c), as applicable. “(3) Unless otherwise elected under this section, and subject to paragraphs (1) and (2), benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on February 1 of the year following the latest of the year in which— “(A) the employee, Member, former employee, or former Member becomes 65 years of age; 104 STAT. 323 “(B) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or “(C) the employee, Member, former employee, or former Member separates from Government employment.” (3) Waiver of notification requirements.—Section 8435 of title 5, United States Code, is amended by redesignating subsection (h) as subsection (i), and by inserting after subsection (g) the following: “(h) Except with respect to the making of loans under section 8433(i), none of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.” (b) Conforming Amendments.— (1) csrs.— Section 8351(b) of title 5, United States Code, as amended by section 3(b)(1), is further amended— (A) by adding after paragraph (7) the following: “(8) Notwithstanding paragraph (6), if an employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) separates from Government employment before becoming entitled to a deferred or immediate annuity under this subchapter, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e). “(9) Notwithstanding paragraphs (4) and (5), if an employee or Member separates from Government employment under circumstances making such employee or Member eligible to make an election under subsection (b) or (c) of section 8433, and such employee’s or Member’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable. “(10) For the purpose of this section, the term ‘nonforfeitable account balance’ has the same meaning as under section 8401(32).”; and (B) by inserting after paragraph (7)(C) the following: “(D) Except with respect to the making of loans under section 8433(i), none of the provisions of this paragraph requiring notification to a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.” (2) Justices and judges.—Subsection (b) of the first section 8440a of title 5, United States Code, as amended by section 3(b)(2), is further amended by adding at the end the following: “(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under 104 STAT. 324subsection (a) resigns without having met the age and service requirements set forth in section 371(c) of title 28, and such justice’s or judge’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e). “(8) Notwithstanding paragraph (4), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, and such justice’s or judge’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).” (3) Bankruptcy judges and magistrates.—Subsection (b) of section 8440b of title 5, United States Code (as so redesignated by section 9, and as amended by section 3(b)(3)) is further amended by adding at the end the following: “(8) Notwithstanding paragraph (4)I, if any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) retires before becoming entitled to an immediate annuity, or an annuity upon attaining age 65, under section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, and such bankruptcy judge’s or magistrate’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433I. “(9) Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c) of section 8433, and such bankruptcy judge’s or magistrate’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b) or (c), as applicable.” (4)

Regulations.

5 USC 8433 note.

 Others.—The Executive Director (as appointed under section 8474(a) of title 5, United States Code) shall prescribe regulations under which the purposes of the amendments made by this section shall be carried out with respect to any individuals participating in the Thrift Savings Plan who would not otherwise be affected by this section. (c)

5 USC 8351 note.

 Effective Date.—This section, and the amendments made by this section, shall be effective as of the second election period described in section 8432(b) of title 5, United States Code, beginning after the date of enactment of this Act (or as of such earlier date as the Executive Director may by regulation prescribe), and shall apply with respect to separations occurring before, on, or after that effective date.
104 STAT. 325
SEC. 7. ELECTION TO REMAIN SUBJECT TO CERTAIN PROVISIONS RELATING TO CAREER APPOINTEES. (a) In General.—Section 3392(c) of title 5, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by redesignating subsection I as subsection I(1); and (3) by adding at the end the following: “(2) An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch— “(A) which is not in the Senior Executive Service; and “(B) which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule. An election under this paragraph shall remain effective so long as the appointee continues to serve in the same position.” (b) Effective Date; Election by Persons Previously Appointed.—

5 USC 3392 note.

 (1) Effective date.—The amendments made by this section shall take effect on the date of enactment of this Act. (2) Election by persons previously appointed.—The Office

Regulations.

of Personnel Management shall prescribe regulations (including procedures and deadlines) under which an election under section 3392I(2) of title 5, United States Code (as amended by this section) may be made by any individual who— (A) on the date of enactment of this Act, is serving in a civilian position in the executive branch which— (i) is not in the Senior Executive Service; and (ii) satisfies section 3392I(2)(B) of such title 5 (as so amended); (B) was appointed to that position on or after November 1, 1986, and has served continuously in such position since then; (C) was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and (D) was not, based on such individual’s appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect). An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A).
SEC. 8. REPEAL. Subsection I of section 133 of Public Law 100–238 (5 U.S.C. 8477 note) is repealed.
104 STAT. 326
SEC. 9. TECHNICAL CORRECTION. (a) Section Redesignation.—Chapter 84 of title 5, United States Code, is amended by redesignating the second section 8440a thereof (relating to bankruptcy judges and magistrates) as section 8440b. (b) Table of Sections.—The table of sections for chapter 84 of title 5, United States Code, is amended by striking the item relating to the second section 8440a and inserting the following: “8440b.
Approved July 17, 1990.
LEGISLATIVE HISTORY—H.R. 2514: HOUSE REPORTS: No. 101–452 (Comm. On Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed House.

June 27, considered and passed Senate.

 Public Law 101–336: To establish a clear and comprehensive prohibition of discrimination on the basis of disability. Public Law 336 Public Law 101–336 104 Stat. 327 1990-07-26 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 2025-06-19 101 2 public 104 STAT. 327 Public Law 101–336 101st Congress
An Act To establish a clear and comprehensive prohibition of discrimination on the basis of disability.

July 26, 1990

[S. 933]

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

Americans with Disabilities Act of 1990.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.—This Act may be cited as the “Americans with

42 USC 12101 note.

Disabilities Act of 1990”. (b) Table of Contents.—The table of contents is as follows: Sec. 1. Sec. 2. Sec. 3. TITLE I— Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. TITLE II— Subtitle A— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Subtitle B— Part I— Sec. 221. Sec. 222. Sec. 223. Sec. 224. Sec. 225. Sec. 226. Sec. 227. Sec. 228. Sec. 229. Sec. 230. Sec. 231. Part II— Sec. 241. Sec. 242. Sec. 243. 104 STAT. 328 Sec. 244. Sec. 245. Sec. 246. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. TITLE IV— Sec. 401. Sec. 402. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514.
SEC. 2.

42 USC 12101.

 FINDINGS AND PURPOSES. (a) Findings.—The Congress finds that— (1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, 104 STAT. 329failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally; (7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society; (8) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and (9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. (b) Purpose.— It is the purpose of this Act— (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.
SEC. 3. DEFINITIONS.

42 USC 12102.

 As used in this Act: (1) Auxiliary aids and services.—The term “auxiliary aids and services” includes— (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (2) Disability.—The term “disability” means, with respect to an individual— 104 STAT. 330 (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (3) State.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
<num value="I">TITLE I—</num><heading>EMPLOYMENT</heading> <section> <num value="101">SEC. 101. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12111">42 USC 12111</ref>.</p></sidenote> <heading>DEFINITIONS.</heading> <chapeau>As used in this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Commission</inline>.—</heading><content>The term “Commission” means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Covered entity</inline>.—</heading><content>The term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Direct threat</inline>.—</heading><content>The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Employee</inline>.—</heading><content>The term “employee” means an individual employed by an employer.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Employer</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The term “employer” means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Exceptions</inline>.—</heading><chapeau>The term “employer” does not include—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Illegal use of drugs</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Drugs</inline>.—</heading><content>The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act.</content></subparagraph> </paragraph> <page identifier="/us/stat/104/331">104 STAT. 331</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Person, etc</inline>.—</heading><content>The terms “person”, “labor organization”, “employment agency”, “commerce”, and “industry affecting commerce”, shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Qualified individual with a disability</inline>.—</heading><content>The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading><inline class="smallCaps">Reasonable accommodation</inline>.—</heading><chapeau>The term “reasonable accommodation” may include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <heading><inline class="smallCaps">Undue hardship</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Factors to be considered</inline>.—</heading><chapeau>In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the nature and cost of the accommodation needed under this Act;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.</content> </clause> </subparagraph> </paragraph> </section> <section> <num value="102">SEC. 102. </num> <heading>DISCRIMINATION.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12112">42 USC 12112</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compen-<page identifier="/us/stat/104/332">104 STAT. 332</page>sation, job training, and other terms, conditions, and privileges of employment.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading><chapeau>As used in subsection (a), the term “discriminate” includes—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>utilizing standards, criteria, or methods of administration—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>that have the effect of discrimination on the basis of disability; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>that perpetuate the discrimination of others who are subject to common administrative control;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5)</num><subparagraph class="inline"><num value="A">(A) </num><content>not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Medical Examinations and Inquiries</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The prohibition against discrimination as referred to in subsection (a) shall include medical examinations and inquiries.</content></paragraph> <page identifier="/us/stat/104/333">104 STAT. 333</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Preemployment</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Prohibited examination or inquiry</inline>.—</heading><content>Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Acceptable inquiry</inline>.—</heading><content>A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Employment entrance examination</inline>.—</heading> <chapeau>A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>all entering employees are subjected to such an examination regardless of disability;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>government officials investigating compliance with this Act shall be provided relevant information on request; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the results of such examination are used only in accordance with this title.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Examination and inquiry</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Prohibited examinations and inquiries</inline>.—</heading><content>A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Acceptable examinations and inquiries</inline>.—</heading><content>A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Requirement</inline>.—</heading><content>Information obtained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3).</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>DEFENSES.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12113">42 USC 12113</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>It may be a defense to a charge of discrimination under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, <page identifier="/us/stat/104/334">104 STAT. 334</page>and such performance cannot be accomplished by reasonable accommodation, as required under this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Qualification Standards</inline>.—</heading><content>The term “qualification standards” may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Religious Entities</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>This title shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Religious tenets requirement</inline>.—</heading><content>Under this title, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">List of Infectious and Communicable Diseases</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><chapeau>The Secretary of Health and Human Services, not later than 6 months after the date of enactment of this Act, shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>review all infectious and communicable diseases which may be transmitted through handling the food supply;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>publish a list of infectious and communicable diseases which are transmitted through handling the food supply;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <content>publish the methods by which such diseases are transmitted; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>widely disseminate such information regarding the list of diseases and their modes of transmissability to the general public.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Such list shall be updated annually.</continuation></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Applications</inline>.—</heading><content>In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading><content>Nothing in this Act shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability published by the Secretary of Health and Human Services.</content> </paragraph> </subsection> </section> <section> <num value="104">SEC. 104. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12114">42 USC 12114</ref>.</p></sidenote> <heading>ILLEGAL USE OF DRUGS AND ALCOHOL.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Qualified Individual With a Disability</inline>.—</heading><content>For purposes of this title, the term “qualified individual with a disability” shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.</content></subsection> <page identifier="/us/stat/104/335">104 STAT. 335</page> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Rules of Construction</inline>.—</heading><chapeau>Nothing in subsection (a) shall be construed to exclude as a qualified individual with a disability an individual who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is participating in a supervised rehabilitation program and is no longer engaging in such use; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is erroneously regarded as engaging in such use, but is not engaging in such use;</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Authority of Covered Entity</inline>.—</heading><chapeau>A covered entity—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>may require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are <page identifier="/us/stat/104/336">104 STAT. 336</page>employed in such positions (as defined in the regulations of the Department of Transportation).</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Drug Testing</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>For purposes of this title, a test to determine the illegal use of drugs shall not be considered a medical examination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading><content>Nothing in this title shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Transportation Employees</inline>.—</heading><chapeau>Nothing in this title shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>test employees of such entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing subsection (c).</content> </paragraph> </subsection> </section> <section> <num value="105">SEC. 105. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12115">42 USC 12115</ref>.</p></sidenote> <heading>POSTING NOTICES.</heading> <content>Every employer, employment agency, labor organization, or joint labor-management committee covered under this title shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this Act, in the manner prescribed by section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10).</content> </section> <section> <num value="106">SEC. 106. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12116">42 USC 12116</ref>.</p></sidenote> <heading>REGULATIONS.</heading> <content>Not later than 1 year after the date of enactment of this Act, the Commission shall issue regulations in an accessible format to carry out this title in accordance with subchapter II of chapter 5 of title 5, United States Code.</content> </section> <section> <num value="107">SEC. 107. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12117">42 USC 12117</ref>.</p></sidenote> <heading>ENFORCEMENT.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Powers, Remedies, and Procedures</inline>.—</heading><content>The powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this title provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this Act, or regulations promulgated under section 106, concerning employment.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Coordination</inline>.—</heading><content>The agencies with enforcement authority for actions which allege employment discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to ensure that administrative complaints filed under this title and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>under this title and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and <page identifier="/us/stat/104/337">104 STAT. 337</page>part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this title and Rehabilitation Act of 1973 not later than 18 months after the date of enactment of this Act.</content> </subsection> </section> <section> <num value="108">SEC. 108. </num> <heading>EFFECTIVE DATE.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12111">42 USC 12111 note</ref>.</p></sidenote> <content>This title shall become effective 24 months after the date of enactment.</content> </section> <num value="II">TITLE II—</num><heading>PUBLIC SERVICES</heading> <subtitle><num value="A">Subtitle A—</num><heading>Prohibition Against Discrimination and Other Generally Applicable Provisions</heading> <section> <num value="201">SEC. 201. </num> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12131">42 USC 12131</ref>.</p></sidenote> <heading>DEFINITION.</heading> <chapeau>As used in this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Public entity</inline>.—</heading><chapeau>The term “public entity” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>any State or local government;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>any department, agency, special purpose district, or other instrumentality of a State or States or local government; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Qualified individual with a disability</inline>.—</heading><content>The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.</content> </paragraph> </section> <section> <num value="202">SEC. 202. </num> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12132">42 USC 12132</ref>.</p></sidenote> <heading>DISCRIMINATION.</heading> <content>Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.</content> </section> <section> <num value="203">SEC. 203. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12133">42 USC 12133</ref>.</p></sidenote> <heading>ENFORCEMENT.</heading> <content>The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of disability in violation of section 202.</content> </section> <section> <num value="204">SEC. 204. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12134">42 USC 12134</ref>.</p></sidenote> <heading>REGULATIONS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations in an accessible format that implement this subtitle. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244.</content></subsection> <page identifier="/us/stat/104/338">104 STAT. 338</page> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Relationship to Other Regulations</inline>.—</heading><content>Except for “program accessibility, existing facilities”, and “communications”, regulations under subsection (a) shall be consistent with this Act and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to “program accessibility, existing facilities”, and “communications”, such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under such section 504.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Standards</inline>.—</heading><content>Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this subtitle, other than facilities, stations, rail passenger cars, and vehicles covered by subtitle B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504(a) of this Act.</content> </subsection> </section> <section> <num value="205">SEC. 205. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12131">42 USC 12131 note</ref>.</p></sidenote> <heading>EFFECTIVE DATE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>Except as provided in subsection (b), this subtitle shall become effective 18 months after the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>Section 204 shall become effective on the date of enactment of this Act.</content></subsection></section> </subtitle> <subtitle><num value="B">Subtitle B—</num><heading>Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory</heading> <part><num class="bold" value="I">PART I—</num><heading class="bold">PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS</heading> <section> <num value="221">SEC. 221. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12141">42 USC 12141</ref>.</p></sidenote> <heading>DEFINITIONS.</heading> <chapeau>As used in this part:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Demand responsive system</inline>.—</heading><content>The term “demand responsive system” means any system of providing designated public transportation which is not a fixed route system.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Designated public transportation</inline>.—</heading><content>The term “designated public transportation” means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 241)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Fixed route system</inline>.—</heading><content>The term “fixed route system” means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Operates</inline>.—</heading><content>The term “operates”, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity.</content></paragraph> <page identifier="/us/stat/104/339">104 STAT. 339</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Public school transportation</inline>.—</heading><content>The term “public school transportation” means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Secretary</inline>.—</heading><content>The term “Secretary” means the Secretary of Transportation.</content> </paragraph> </section> <section> <num value="222">SEC. 222. </num> <heading>PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12142">42 USC 12142</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Purchase and Lease of New Vehicles</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Purchase and Lease of Used Vehicles</inline>.—</heading><content>Subject to subsection (c)(1), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Remanufactured Vehicles</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading> <chapeau>Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following the effective date of this subsection; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended;</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</continuation></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Exception for historic vehicles</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph <page identifier="/us/stat/104/340">104 STAT. 340</page>(1) and which do not significantly alter the historic character of such vehicle.</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Vehicles of historic character defined by regulations</inline>.—</heading><content>For purposes of this paragraph and section 228(b), a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="223">SEC. 223. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12143">42 USC 12143</ref>.</p></sidenote> <heading>PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Issuance of Regulations</inline>.—</heading><content>Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regulations to carry out this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Required Contents of Regulations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Eligible recipients of service</inline>.—</heading><chapeau>The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A)</num><clause class="inline"><num value="i">(i) </num><content>to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system;</content> </clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to one other individual accompanying the individual with the disability; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying <page identifier="/us/stat/104/341">104 STAT. 341</page>the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.</continuation></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Service area</inline>.—</heading><content>The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Service criteria</inline>.—</heading><content>Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Undue financial burden limitation</inline>.—</heading><content>The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Additional services</inline>.—</heading><content>The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Public participation</inline>.—</heading><content>The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Plans</inline>.—</heading><chapeau>The regulations issued under this section shall require that each public entity which operates a fixed route system—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>within 18 months after the effective date of this subsection, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Provision of services by others</inline>.—</heading><chapeau>The regulations issued under this section shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and</content></subparagraph> <page identifier="/us/stat/104/342">104 STAT. 342</page> <subparagraph class="indent1 fontsize10"> <num value="B">(B) </num> <content>provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities.</content></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading><inline class="smallCaps">Other provisions</inline>.—</heading><content>The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Review of Plan</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Disapproval</inline>.—</heading><content>If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Modification of disapproved plan</inline>.—</heading><content>Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Discrimination Defined</inline>.—</heading><chapeau>As used in subsection (a), the term “discrimination” includes—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>submission to the Secretary of a modified plan under subsection (dX3) which does not meet the requirements of this section; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <heading><inline class="smallCaps">Statutory Construction</inline>.—</heading><chapeau>Nothing in this section shall be construed as preventing a public entity—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.</content> </paragraph> </subsection> </section> <section> <num value="224">SEC. 224. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12144">42 USC 12144</ref>.</p></sidenote> <heading>PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.</heading> <content>If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable <page identifier="/us/stat/104/343">104 STAT. 343</page>by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities.</content> </section> <section> <num value="225">SEC. 225. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12145">42 USC 12145</ref>.</p></sidenote> <heading>TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Granting</inline>.—</heading><chapeau>With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222(a) or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Duration and Notice to Congress</inline>.—</heading><content>Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Fraudulent Application</inline>.—</heading><chapeau>If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cancel such relief if such relief is still in effect; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>take such other action as the Secretary considers appropriate.</content> </paragraph> </subsection> </section> <section> <num value="226">SEC. 226. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12146">42 USC 12146</ref>.</p></sidenote> <heading>NEW FACILITIES.</heading> <content>For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content> </section> <section> <num value="227">SEC. 227. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12147">42 USC 12147</ref>.</p></sidenote> <heading>ALTERATIONS OF EXISTING FACILITIES.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or <page identifier="/us/stat/104/344">104 STAT. 344</page>access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><heading><inline class="smallCaps">Special Rule for Stations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Rapid rail and light rail key stations</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Accessibility</inline>.—</heading><content>Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on the effective date of this paragraph.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Extension for extraordinarily expensive structural changes</inline>.—</heading><content>The Secretary may extend the 3-year period under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing facilities; except that by the last day of the 20th year following the date of the enactment of this Act at least ⅔ of such key stations must be readily accessible to and usable by individuals with disabilities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Plans and milestones</inline>.—</heading> <chapeau>The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>that reflects consultation with individuals with disabilities affected by such plan and the results of a public hearing and public comments on such plan, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>that establishes milestones for achievement of the requirements of this subsection.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="228">SEC. 228. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12148">42 USC 12148</ref>.</p></sidenote> <heading>PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES AND ONE CAR PER TRAIN RULE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Public Transportation Programs and Activities in Existing Facilities</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. <page identifier="/us/stat/104/345">104 STAT. 345</page>794), for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 227(a) (relating to alterations) or section 227(b) (relating to key stations).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Utilization</inline>.—</heading><content>Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">One Car Per Train Rule</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Historic trains</inline>.—</heading><content>In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 222(c)(1) and which do not significantly alter the historic character of such vehicle.</content> </paragraph> </subsection> </section> <section> <num value="229">SEC. 229. </num> <heading>REGULATIONS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12149">42 USC 12149</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part (other than section 223).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Standards</inline>.—</heading><content>The regulations issued under this section and section 223 shall include standards applicable to facilities and vehicles covered by this subtitle. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act.</content> </subsection> </section> <section> <num value="230">SEC. 230. </num> <heading>INTERIM ACCESSIBILITY REQUIREMENTS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12150">42 USC 12150</ref>.</p></sidenote> <content>If final regulations have not been issued pursuant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of <page identifier="/us/stat/104/346">104 STAT. 346</page>such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 226 and 227, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.</content> </section> <section> <num value="231">SEC. 231. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12141">42 USC 12141 note</ref>.</p></sidenote> <heading>EFFECTIVE DATE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall become effective on the date of enactment of this Act.</content></subsection></section></part> <part><num class="bold" value="II">PART II—</num><heading class="bold">PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL</heading> <section> <num value="241">SEC. 241. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12161">42 USC 12161</ref>.</p></sidenote> <heading>DEFINITIONS.</heading> <chapeau>As used in this part:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Commuter authority</inline>.—</heading><content>The term “commuter authority” has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Commuter rail transportation</inline>.—</heading><content>The term “commuter rail transportation” has the meaning given the term “commuter service” in section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Intercity rail transportation</inline>.—</heading><content>The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Rail passenger car</inline>.—</heading><content>The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Responsible person</inline>.—</heading><chapeau>The term “responsible person” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the case of a station more than 50 percent of which is owned by a public entity, such public entity;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.</content></subparagraph></paragraph> <page identifier="/us/stat/104/347">104 STAT. 347</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Station</inline>.—</heading><content>The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.</content> </paragraph> </section> <section> <num value="242">SEC. 242. </num> <heading>INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12162">42 USC 12162</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Intercity Rail Transportation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">One car per train rule</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">New intercity cars</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Special rule for single-level passenger coaches for individuals who use wheelchairs</inline>.—</heading><chapeau>Single-level passenger coaches shall be required to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>be able to be entered by an individual who uses a wheelchair;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>have space to park and secure a wheelchair;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger’s wheelchair; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>have a restroom usable by an Individual who uses a wheelchair,</content></clause> <continuation class="indent0 firstIndent0 fontsize10">only to the extent provided in paragraph (3).</continuation></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Special rule for single-level dining cars for individuals who use wheelchairs</inline>.—</heading><chapeau>Single-level dining cars shall not be required to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>be able to be entered from the station platform by an individual who uses a wheelchair; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger.</content></clause> </subparagraph> <page identifier="/us/stat/104/348">104 STAT. 348</page> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading><inline class="smallCaps">Special rule for bi-level dining cars for individuals who use wheelchairs</inline>.—</heading><chapeau>Bi-level dining cars shall not be required to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>be able to be entered by an individual who uses a wheelchair;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>have space to park and secure a wheelchair;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger’s wheelchair; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>have a restroom usable by an individual who uses a wheelchair.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Accessibility of single-level coaches</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><chapeau>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transportation to fail to have on each train which includes one or more single-level rail passenger coaches—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau>a number of spaces—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of single-level rail passenger coaches in such train; and</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">(II) </num><content>to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single-level rail passenger coaches in such train, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act; and</content></subclause></clause> <clause class="firstIndent1 fontsize10"><num value="ii">(ii) </num><chapeau>a number of spaces—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than the total number of single-level rail passenger coaches in such train; and</content></subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">(II) </num><content>to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than the total number of single-level rail passenger coaches in such train, as soon as practicable, but in no event later than 10 years after the date of enactment of this Act.</content></subclause></clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Location</inline>.—</heading><content>Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Limitation</inline>.—</heading><content>Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading><inline class="smallCaps">Other accessibility features</inline>.—</heading><content>Single-level rail passenger coaches and food service cars on which the spaces required by subparagraph (A) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the station platform by an individual who uses a wheelchair.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Food service</inline>.—</heading> <page identifier="/us/stat/104/349">104 STAT. 349</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Single-level dining cars</inline>.—</heading><chapeau>On any train in which a single-level dining car is used to provide food service—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau>if such single-level dining car was purchased after the date of enactment of this Act, table service in such car shall be provided to a passenger who uses a wheelchair if—</chapeau> <subclause class="firstIndent1 fontsize10"><num value="I">(I) </num><content>the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair;</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">(II) </num><content>such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in subclause (I) without the necessity of the train being moved within the station; and</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="III">(III) </num><content>space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and</content></subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.</content></clause> <continuation class="indent0 firstIndent0 fontsize10">Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a dining car described in clause (i) through which an individual who uses a wheelchair may enter.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Bi-level dining cars</inline>.—</heading><chapeau>On any train in which a bi-level dining car is used to provide food service—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>if such train includes a bi-level lounge car purchased after the date of enactment of this Act, table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Commuter Rail Transportation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">One car per train rule</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">New commuter rail cars</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to <page identifier="/us/stat/104/350">104 STAT. 350</page>purchase or lease any new rail passenger cars for use in commuter rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Accessibility</inline>.—</heading><chapeau>For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), a requirement that a rail passenger car used in commuter rail transportation be accessible to or readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>space to fold and store a wheelchair; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>a seat to which a passenger who uses a wheelchair can transfer.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Used Rail Cars</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Remanufactured Rail Cars</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Remanufacturing</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to remanufacture a rail passenger car for use in intercity or commuter rail transportation so as to extend its usable life for 10 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Purchase or lease</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease a remanufactured rail passenger car for use in intercity or commuter rail transportation unless such car was remanufactured in accordance with paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Stations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">New stations</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Existing stations</inline>.—</heading> <page identifier="/us/stat/104/351">104 STAT. 351</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Failure to make readily accessible</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a responsible person to fail to make existing stations in the intercity rail transportation system, and existing key stations in commuter rail transportation systems, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Period for compliance</inline>.—</heading> <subclause class="firstIndent1 fontsize10"><num value="I">(I) </num> <heading><inline class="smallCaps">Intercity rail</inline>.—</heading><content>All stations in the intercity rail transportation system shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after the date of enactment of this Act.</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">(II) </num><heading><inline class="smallCaps">Commuter rail</inline>.—</heading><content>Key stations in commuter rail transportation systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after the date of enactment of this Act, except that the time limit may be extended by the Secretary of Transportation up to 20 years after the date of enactment of this Act in a case where the raising of the entire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility.</content></subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <heading><inline class="smallCaps">Designation of key stations</inline>.—</heading><content>Each commuter authority shall designate the key stations in its commuter rail transportation system, in consultation with individuals with disabilities and organizations representing such individuals, taking into consideration such factors as high ridership and whether such station serves as a transfer or feeder station. Before the final designation of key stations under this clause, a commuter authority shall hold a public hearing.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <heading><inline class="smallCaps">Plans and milestones</inline>.—</heading><content>The Secretary of Transportation shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Requirement when making alterations</inline>.—</heading> <clause class="firstIndent1 fontsize10"><num value="i">(i) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the <page identifier="/us/stat/104/352">104 STAT. 352</page>maximum extent feasible, the altered portions of the station are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">(i) </num><heading><inline class="smallCaps">Alterations to a primary function area</inline>.—</heading><content>It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).</content></clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Required cooperation</inline>.—</heading><content>It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for an owner, or person in control, of a station governed by subparagraph (A) or (B) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person’s efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this Act.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="243">SEC. 243. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12163">42 USC 12163</ref>.</p></sidenote> <heading>CONFORMANCE OF ACCESSIBILITY STANDARDS.</heading> <content>Accessibility standards included in regulations issued under this part shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 504(a) of this Act.</content> </section> <section> <num value="244">SEC. 244. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12164">42 USC 12164</ref>.</p></sidenote> <heading>REGULATIONS.</heading> <content>Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part.</content> </section> <section> <num value="245">SEC. 245. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12165">42 USC 12165</ref>.</p></sidenote> <heading>INTERIM ACCESSIBILITY REQUIREMENTS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Stations</inline>.—</heading><content>If final regulations have not been issued pursuant to section 244, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is <page identifier="/us/stat/104/353">104 STAT. 353</page>issued shall suffice to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities as required under section 242(e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Rail Passenger Cars</inline>.—</heading><content>If final regulations have not been issued pursuant to section 244, a person shall be considered to have complied with the requirements of section 242 (a) through (d) that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this part and are in effect at the time such design is substantially completed.</content> </subsection> </section> <section> <num value="246">SEC. 246. </num> <heading>EFFECTIVE DATE.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12161">42 USC 12161 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>Sections 242 and 244 shall become effective on the date of enactment of this Act.</content> </subsection> </section> </part> </subtitle> <num value="III">TITLE III—</num><heading>PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES</heading> <section> <num value="301">SEC. 301. </num> <heading>DEFINITIONS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12181">42 USC 12181</ref>.</p></sidenote> <chapeau>As used in this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Commerce</inline>.—</heading> <chapeau>The term “commerce” means travel, trade, traffic, commerce, transportation, or communication—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>among the several States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>between any foreign country or any territory or possession and any State; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>between points in the same State but through another State or foreign country.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Commercial facilities</inline>.—</heading><chapeau>The term “commercial facilities” means facilities—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>that are intended for nonresidential use; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>whose operations will affect commerce.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 242 or covered under this title, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.).</continuation></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Demand responsive system</inline>.—</heading><content>The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.</content></paragraph> <page identifier="/us/stat/104/354">104 STAT. 354</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Fixed route system</inline>.—</heading><content>The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Over-the-road bus</inline>.—</heading><content>The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Private entity</inline>.—</heading><content>The term “private entity” means any entity other than a public entity (as defined in section 201(1)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Public accommodation</inline>.—</heading><chapeau>The following private entities are considered public accommodations for purposes of this title, if the operations of such entities affect commerce—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a restaurant, bar, or other establishment serving food or drink;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>an auditorium, convention center, lecture hall, or other place of public gathering;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>a terminal, depot, or other station used for specified public transportation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>a museum, library, gallery, or other place of public display or collection;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>a park, zoo, amusement park, or other place of recreation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">(J) </num> <content>a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">(K) </num> <content>a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">(L) </num> <content>a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading><inline class="smallCaps">Rail and railroad</inline>.—</heading><content>The terms “rail” and “railroad” have the meaning given the term “railroad” in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading><inline class="smallCaps">Readily achievable</inline>.—</heading> <chapeau>The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the nature and cost of the action needed under this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the <page identifier="/us/stat/104/355">104 STAT. 355</page>impact otherwise of such action upon the operation of the facility;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <heading><inline class="smallCaps">Specified public transportation</inline>.—</heading><content>The term “specified public transportation” means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <heading><inline class="smallCaps">Vehicle</inline>.—</heading><content>The term “vehicle” does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 242 or covered under this title.</content> </paragraph> </section> <section> <num value="302">SEC. 302. </num> <heading>PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12182">42 USC 12182</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General prohibition</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Activities</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Denial of participation</inline>.—</heading><content>It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Participation in unequal benefit</inline>.—</heading><content>It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <heading><inline class="smallCaps">Separate benefit</inline>.—</heading><content>It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privi-<page identifier="/us/stat/104/356">104 STAT. 356</page>lege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <heading><inline class="smallCaps">Individual or class of individuals</inline>.—</heading><content>For purposes of clauses (i) through (iii) of this subparagraph, the term “individual or class of individuals” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Integrated settings</inline>.—</heading><content>Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Opportunity to participate</inline>.—</heading><content>Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading><inline class="smallCaps">Administrative methods</inline>.—</heading> <chapeau>An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>that have the effect of discriminating on the basis of disability; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>that perpetuate the discrimination of others who are subject to common administrative control.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <heading><inline class="smallCaps">Association</inline>.—</heading><content>It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.</content></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num><heading><inline class="smallCaps">Specific prohibitions</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Discrimination</inline>.—</heading><chapeau>For purposes of subsection (a), discrimination includes—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fun-<page identifier="/us/stat/104/357">104 STAT. 357</page>damentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">(v) </num> <content>where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.</content></clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><heading><inline class="smallCaps">Fixed route system</inline>.—</heading> <clause class="firstIndent1 fontsize10"><num value="i">(i) </num><heading><inline class="smallCaps">Accessibility</inline>.—</heading><content>It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to section 304 to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">(ii) </num><heading><inline class="smallCaps">Equivalent service</inline>.—</heading><content>If a private entity which operates a fixed route system and which is not subject to section 304 purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.</content></clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="C">(C) </num><heading><inline class="smallCaps">Demand responsive system</inline>.—</heading><chapeau>For purposes of subsection (a), discrimination includes—</chapeau> <clause class="firstIndent1 fontsize10"><num value="i">(i) </num><content>a failure of a private entity which operates a demand responsive system and which is not subject to section 304 to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">(ii) </num><content>the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily <page identifier="/us/stat/104/358">104 STAT. 358</page>accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.</content></clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="D">(D) </num><heading><inline class="smallCaps">Over-the-road buses</inline></heading> <clause class="firstIndent1 fontsize10"><num value="i">(i) </num><heading><inline class="smallCaps">Limitation on applicability</inline>.—</heading><content>Subparagraphs (B) and (C) do not apply to over-the-road buses.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">(ii) </num><heading><inline class="smallCaps">Accessibility requirements</inline>.—</heading><content>For purposes of subsection (a), discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under section 306(a)(2) by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.</content></clause> </subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Specific Construction</inline>.—</heading><content>Nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.</content> </paragraph> </subsection> </section> <section> <num value="303">SEC. 303. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12183">42 USC 12183</ref>.</p></sidenote> <heading>NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Application of Term</inline>.—</heading><chapeau>Except as provided in subsection (b), as applied to public accommodations and commercial facilities, discrimination for purposes of section 302(a) includes—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a failure to design and construct facilities for first occupancy later than 30 months after the date of enactment of this Act that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this title; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and <page identifier="/us/stat/104/359">104 STAT. 359</page>scope (as determined under criteria established by the Attorney General).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Elevator</inline>.—</heading><content>Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.</content> </subsection> </section> <section> <num value="304">SEC. 304. </num> <heading>PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12184">42 USC 12184</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading><chapeau>For purposes of subsection (a), discrimination includes—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the imposition or application by a entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>the failure of such entity to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>make reasonable modifications consistent with those required under section 302(b)(2)(A)(ii);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>provide auxiliary aids and services consistent with the requirements of section 302(b)(2)(A)(iii); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>remove barriers consistent with the requirements of section 302(b)(2)(A) and with the requirements of section 303(a)(2);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over-the-road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A) </num><content>the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under section 306(a)(2); and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>any other failure of such entity to comply with such regulations; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following <page identifier="/us/stat/104/360">104 STAT. 360</page>the effective date of this section that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Historical or Antiquated Cars</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>To the extent that compliance with subsection (b)(2)(C) or (b)(7) would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><chapeau>As used in this subsection, the term “historical or antiquated rail passenger car” means a rail passenger car—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which is not less than 30 years old at the time of its use for transporting individuals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau>which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>has a consequential association with events or persons significant to the past; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.</content> </clause> </subparagraph> </paragraph> </subsection> </section> <section> <num value="305">SEC. 305. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12185">42 USC 12185</ref>.</p></sidenote> <heading>STUDY.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Purposes</inline>.—</heading><chapeau>The Office of Technology Assessment shall undertake a study to determine—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the access needs of individuals with disabilities to over-the-road buses and over-the-road bus service; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the most cost-effective methods for providing access to over-the-road buses and over-the-road bus service to individuals with disabilities, particularly individuals who use wheelchairs, through all forms of boarding options.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Contents</inline>.—</heading><chapeau>The study shall include, at a minimum, an analysis of the following:</chapeau> <page identifier="/us/stat/104/361">104 STAT. 361</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The anticipated demand by individuals with disabilities for accessible over-the-road buses and over-the-road bus service.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The degree to which such buses and service, including any service required under sections 304(b)(4) and 306(a)(2), are readily accessible to and usable by individuals with disabilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The effectiveness of various methods of providing accessibility to such buses and service to individuals with disabilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The cost of providing accessible over-the-road buses and bus service to individuals with disabilities, including consideration of recent technological and cost saving developments in equipment and devices.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Possible design changes in over-the-road buses that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of such requirements on such service to rural communities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Advisory Committee</inline>.—</heading><chapeau>In conducting the study required by subsection (a), the Office of Technology Assessment shall establish an advisory committee, which shall consist of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>members selected from among private operators and manufacturers of over-the-road buses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>members selected from among individuals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>members selected for their technical expertise on issues included in the study, including manufacturers of boarding assistance equipment and devices.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under paragraphs (1) and (2) shall exceed the number of members selected under paragraph (3).</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Deadline</inline>.—</heading><content>The study required by subsection (a), along with recommendations by the Office of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after the date of the enactment of this Act. If the President determines that compliance <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>with the regulations issued pursuant to section 306(a)(2)(B) on or before the applicable deadlines specified in section 306(a)(2)(B) will result in a significant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Review</inline>.—</heading><content>In developing the study required by subsection (a), the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board’s receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d).</content> </subsection> </section> <section> <num value="306">SEC. 306. </num> <heading>REGULATIONS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12186">42 USC 12186</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Transportation Provisions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">General rule</inline>.—</heading><content>Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections <page identifier="/us/stat/104/362">104 STAT. 362</page>302(b)(2) (B) and (C) and to carry out section 304 (other than subsection (b)(4)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Special rules for providing access to over-the-road buses</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Interim requirements</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Issuance</inline>.—</heading><content>Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 304(b)(4) and 302(b)(2)(D)(ii) that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Effective period</inline>.—</heading><content>The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (B).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Final requirement</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Review of study and interim requirements</inline>.—</heading><content>The Secretary shall review the study submitted under section 305 and the regulations issued pursuant to subparagraph (A).</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Issuance</inline>.—</heading><content>Not later than 1 year after the date of the submission of the study under section 305, the Secretary shall issue in an accessible format new regulations to carry out sections 304(b)(4) and 302(b)(2)(D)(ii) that require, taking into account the purposes of the study under section 305 and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <heading><inline class="smallCaps">Effective period</inline>.—</heading><chapeau>Subject to section 305(d), the regulations issued pursuant to this subparagraph shall take effect—</chapeau> <subclause class="indent2 fontsize10"> <num value="I">(I) </num> <content>with respect to small providers of transportation (as defined by the Secretary), 7 years after the date of the enactment of this Act; and</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">(II) </num><content>with respect to other providers of transportation, 6 years after such date of enactment.</content></subclause></clause></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Limitation on requiring installation of accessible restrooms</inline>.—</heading><content>The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Standards</inline>.—</heading><content>The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 302(b)(2) and 304.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Other Provisions</inline>.—</heading><content>Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this title not <page identifier="/us/stat/104/363">104 STAT. 363</page>referred to in subsection (a) that include standards applicable to facilities and vehicles covered under section 302.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Consistency With ATBCB Guidelines</inline>.—</heading><content>Standards included in regulations issued under subsections (a) and (b) shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Interim Accessibility Standards</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Facilities</inline>.—</heading><content>If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under section 303, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Vehicles and rail passenger cars</inline>.—</heading><content>If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this title, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this title and are in effect at the time such design is substantially completed.</content> </paragraph> </subsection> </section> <section> <num value="307">SEC. 307. </num> <heading>EXEMPTIONS FOR PRIVATE CLUBS AND RELIGIOUS ORGANIZATIONS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12187">42 USC 12187</ref> .</p></sidenote> <content>The provisions of this title shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000–a(e)) or to religious organizations or entities controlled by religious organizations, including places of worship.</content> </section> <section> <num value="308">SEC. 308. </num> <heading>ENFORCEMENT.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12188">42 USC 12188</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Availability of remedies and procedures</inline>.—</heading><content>The remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a–3(a)) are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of <page identifier="/us/stat/104/364">104 STAT. 364</page>section 303. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this title does not intend to comply with its provisions.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Injunctive relief</inline>.—</heading><content>In the case of violations of sections 302(b)(2)(A)(iv) and section 303(a), injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this title. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this title.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><heading><inline class="smallCaps">Enforcement by the Attorney General</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Denial of rights</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Duty to investigate</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The Attorney General shall investigate alleged violations of this title, and shall undertake periodic reviews of compliance of covered entities under this title.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Attorney general certification</inline>.—</heading><content>On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this Act for the accessibility and usability of covered facilities under this title. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this Act.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Potential violation</inline>.—</heading><chapeau>If the Attorney General has reasonable cause to believe that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>any person or group of persons is engaged in a pattern or practice of discrimination under this title; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>any person or group of persons has been discriminated against under this title and such discrimination raises an issue of general public importance,</content></clause> <continuation class="indent0 firstIndent0 fontsize10">the Attorney General may commence a civil action in any appropriate United States district court.</continuation></subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Authority of court</inline>.—</heading><chapeau>In a civil action under paragraph (1)(B), the court—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau>may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this title—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>granting temporary, preliminary, or permanent relief;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>making facilities readily accessible to and usable by individuals with disabilities;</content></clause> </subparagraph> <page identifier="/us/stat/104/365">104 STAT. 365</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau>may, to vindicate the public interest, assess a civil penalty against the entity in an amount—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>not exceeding $50,000 for a first violation; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>not exceeding $100,000 for any subsequent violation.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Single violation</inline>.—</heading><content>For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Punitive damages</inline>.—</heading><content>For purposes of subsection (b)(2)(B), the term “monetary damages” and “such other relief’ does not include punitive damages.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Judicial consideration</inline>.—</heading><content>In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.</content> </paragraph></subsection> </section> <section> <num value="309">SEC. 309. </num> <heading>EXAMINATIONS AND COURSES.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12189">42 USC 12189</ref>.</p></sidenote> <content>Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or post-secondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.</content> </section> <section> <num value="310">SEC. 310. </num> <heading>EFFECTIVE DATE.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12181">42 USC 12181 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">General Rule</inline>.—</heading><content>Except as provided in subsections (b) and (c), this title shall become effective 18 months after the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Civil Actions</inline>.—</heading><chapeau>Except for any civil action brought for a violation of section 303, no civil action shall be brought for any act or omission described in section 302 which occurs—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Exception</inline>.—</heading><content>Sections 302(a) for purposes of section 302(b)(2) (B) and (C) only, 304(a) for purposes of section 304(b)(3) only, 304(b)(3), 305, and 306 shall take effect on the date of the enactment of this Act.</content></subsection> </section> 104 STAT. 366 <num value="IV">TITLE IV—</num><heading>TELECOMMUNICATIONS</heading> <section> <num value="401">SEC. 401. </num> <heading>TELECOMMUNICATIONS RELAY SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><heading><inline class="smallCaps">Telecommunications</inline>.—</heading><content>Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="225">“SEC. 225. </num><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t47/s225">47 USC 225</ref>.</p></sidenote> <heading>TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading><chapeau>As used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Common carrier or carrier</inline>.—</heading><content>The term ‘common carrier’ or ‘carrier’ includes any common carrier engaged in interstate communication by wire or radio as defined in section 3(h) and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">tdd</inline>.—</heading> <content>The term ‘TDD’ means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Telecommunications relay services</inline>.—</heading><content>The term ‘telecommunications relay services’ means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">AVAILABILITY of Telecommunications Relay Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>In order to carry out the purposes established under section 1, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Use of General Authority and Remedies</inline>.—</heading><content>For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to common carriers engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this title with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this Act by a common carrier engaged in interstate communication.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Provision of Services</inline>.—</heading><chapeau>Each common carrier providing telephone voice transmission services shall, not later than 3 years after the date of enactment of this section, provide in compliance with the <page identifier="/us/stat/104/367">104 STAT. 367</page>regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission’s regulations under subsection (d); or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><content>with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) for such State.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Regulations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><chapeau>The Commission shall, not later than 1 year after the date of enactment of this section, prescribe regulations to implement this section, including regulations that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>establish functional requirements, guidelines, and operations procedures for telecommunications relay services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>establish minimum standards that shall be met in carrying out subsection (c);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>require that telecommunications relay services operate every day for 24 hours per day;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>prohibit relay operators from intentionally altering a relayed conversation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Technology</inline>.—</heading><content>The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 7(a) of this Act, the use of existing technology and do not discourage or impair the development of improved technology.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Jurisdictional separation of costs</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>Consistent with the provisions of section 410 of this Act, the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Recovering costs</inline>.—</heading><content>Such regulations shall generally provide that costs caused by interstate telecommunications <page identifier="/us/stat/104/368">104 STAT. 368</page>relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f), a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Enforcement</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"><num value="1">“(1) </num><heading><inline class="smallCaps">In general</inline>.—</heading><content>Subject to subsections (f) and (g), the Commission shall enforce this section.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Complaint</inline>.—</heading><content>The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Certification</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">State documentation</inline>.—</heading><content>Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><heading><inline class="smallCaps">Requirements for certification</inline>.—</heading><chapeau>After review of such documentation, the Commission shall certify the State program if the Commission determines that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the program makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the program makes available adequate procedures and remedies for enforcing the requirements of the State program.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Method of funding</inline>.—</heading><content>Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Suspension or revocation of certification</inline>.—</heading><content>The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecommunications relay services.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Complaint</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Referral of complaint</inline>.—</heading><content>If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Jurisdiction of commission</inline>.—</heading> <chapeau>After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>final action under such State program has not been taken on such complaint by such State—</chapeau> <page identifier="/us/stat/104/369">104 STAT. 369</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>within 180 days after the complaint is filed with such State; or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>within a shorter period as prescribed by the regulations of such State; or</content></clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Commission determines that such State program is no longer qualified for certification under subsection (f).”.</content></subparagraph></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Conforming Amendments</inline>.—</heading><chapeau>The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in section 2(b) (47 U.S.C. 152(b)), by striking “<quotedText>section 224</quotedText>” and inserting “<quotedText>sections 224 and 225</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in section 221(b) (47 U.S.C. 221(b)), by striking “<quotedText>section 301</quotedText>” and inserting “<quotedText>sections 225 and 301</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="402">SEC. 402. </num> <heading>CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.</heading> <content>Section 711 of the Communications Act of 1934 is amended to read <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t47/s611">47 USC 611</ref>.</p></sidenote>as follows: <quotedContent> <section> <num value="711">“SEC. 711. </num> <heading>CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.</heading> <chapeau>“Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>shall not be required to supply closed captioning for any such announcement that fails to include it; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement.”.</content></paragraph></section></quotedContent></content></section> <num value="V">TITLE V—</num><heading>MISCELLANEOUS PROVISIONS</heading> <section> <num value="501">SEC. 501. </num> <heading>CONSTRUCTION.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12201">42 USC 12201</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>Except as otherwise provided in this Act, nothing in this Act shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Relationship to Other Laws</inline>.—</heading><content>Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this Act. Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title I, in transportation covered by title II or III, or in places of public accommodation covered by title III.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Insurance</inline>.—</heading><chapeau>Titles I through IV of this Act shall not be construed to prohibit or restrict—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms <page identifier="/us/stat/104/370">104 STAT. 370</page>of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of title I and III.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Accommodations and Services</inline>.—</heading><content>Nothing in this Act shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept.</content> </subsection> </section> <section> <num value="502">SEC. 502. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12202">42 USC 12202</ref>.</p></sidenote> <heading>STATE IMMUNITY.</heading> <content>A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.</content> </section> <section> <num value="503">SEC. 503. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12203">42 USC 12203</ref>.</p></sidenote> <heading>PROHIBITION AGAINST RETALIATION AND COERCION.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Retaliation</inline>.—</heading><content>No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Interference, Coercion, or Intimidation</inline>.—</heading><content>It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Remedies and Procedures</inline>.—</heading><content>The remedies and procedures available under sections 107, 203, and 308 of this Act shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to title I, title II and title III, respectively.</content> </subsection> </section> <section> <num value="504">SEC. 504. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12204">42 USC 12204</ref>.</p></sidenote> <heading>REGULATIONS BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Issuance of Guidelines</inline>.—</heading><content>Not later than 9 months after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of titles II and III of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Contents of Guidelines</inline>.—</heading><content>The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this Act, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Qualified Historic Properties</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The supplemental guidelines issued under subsection (a) shall include procedures and requirements for <page identifier="/us/stat/104/371">104 STAT. 371</page>alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Sites eligible for listing in national register</inline>.—</heading><content>With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7 (1) and (2) of the Uniform Federal Accessibility Standards.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Other sites</inline>.—</heading><content>With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1) (b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards.</content> </paragraph> </subsection> </section> <section> <num value="505">SEC. 505. </num> <heading>ATTORNEY’S FEES.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12205">42 USC 12205</ref>.</p></sidenote> <content>In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.</content> </section> <section> <num value="506">SEC. 506. </num> <heading>TECHNICAL ASSISTANCE.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12206">42 USC 12206</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Plan for Assistance</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding the responsibility of such entities and agencies under this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Publication of plan</inline>.—</heading><content>The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Agency and Public Assistance</inline>.—</heading><content>The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a), including the National Council on Disability, the President’s Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Implementation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Rendering assistance</inline>.—</heading><content>Each Federal agency that has responsibility under paragraph (2) for implementing this Act may render technical assistance to individuals and institutions that have rights or duties under the respective title or titles for which such agency has responsibility.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Implementation of titles</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Title i</inline>.—</heading><content>The Equal Employment Opportunity Commission and the Attorney General shall implement the <page identifier="/us/stat/104/372">104 STAT. 372</page>plan for assistance developed under subsection (a), for title I.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Title ii</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">Subtitle a</inline>.—</heading><content>The Attorney General shall implement such plan for assistance for subtitle A of title II.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Subtitle b</inline>.—</heading><content>The Secretary of Transportation shall implement such plan for assistance for subtitle B of title II.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Title iii</inline>.—</heading><content>The Attorney General, in coordination with the Secretary of Transportation and the Chair of the Architectural Transportation Barriers Compliance Board, shall implement such plan for assistance for title III, except for section 304, the plan for assistance for which shall be implemented by the Secretary of Transportation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading><inline class="smallCaps">Title iv</inline>.—</heading><content>The Chairman of the Federal Communications Commission, in coordination with the Attorney General, shall implement such plan for assistance for title IV.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Technical assistance manuals</inline>.—</heading><content>Each Federal agency that has responsibility under paragraph (2) for implementing this Act shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this Act no later than six months after applicable final regulations are published under titles I, II, III, and IV.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Grants and Contracts</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>Each Federal agency that has responsibility under subsection (c)(2) for implementing this Act may make grants or award contracts to effectuate the purposes of this section, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this Act. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Dissemination of information</inline>.—</heading><content>Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties established by this Act and to provide information and technical assistance about techniques for effective compliance with this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Failure to Receive Assistance</inline>.—</heading><content>An employer, public accommodation, or other entity covered under this Act shall not be excused from compliance with the requirements of this Act because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section.</content> </subsection> </section> <section> <num value="507">SEC. 507. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12207">42 USC 12207</ref>.</p></sidenote> <heading>FEDERAL WILDERNESS AREAS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Study</inline>.—</heading><content>The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16U.S.C. 1131 et seq.).</content></subsection> <page identifier="/us/stat/104/373">104 STAT. 373</page> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Submission of Report</inline>.—</heading><content>Not later than 1 year after the enactment of this Act, the National Council on Disability shall submit the report required under subsection (a) to Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Specific Wilderness Access</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>Congress reaffirms that nothing in the Wilderness Act is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Definition</inline>.—</heading><content>For purposes of paragraph (1), the term “wheelchair” means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.</content> </paragraph> </subsection> </section> <section> <num value="508">SEC. 508. </num> <heading>TRANSVESTITES.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12208">42 USC 12208</ref>.</p></sidenote> <content>For the purposes of this Act, the term “disabled” or “disability” shall not apply to an individual solely because that individual is a transvestite.</content> </section> <section> <num value="509">SEC. 509. </num> <heading>COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12209">42 USC 12209</ref>.</p></sidenote> <level class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Coverage of the Senate</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">Commitment to Rule XLII</inline>.—</heading><chapeau class="inline"><p class="inline">The Senate reaffirms its commitment to Rule XLII of the Standing Rules of the Senate which provides as follows:</p> <p class="firstIndent1 fontsize10">“No member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof—</p> </chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>fail or refuse to hire an individual;</content></level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>discharge an individual; or</content></level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>otherwise discriminate against an individual with respect to promotion, compensation, or terms, conditions, or privileges of employment</content></level> <continuation class="indent0 firstIndent0 fontsize10">on the basis of such individual’s race, color, religion, sex, national origin, age, or state of physical handicap.”.</continuation></level> <level class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Application to Senate employment</inline>.—</heading><content>The rights and protections provided pursuant to this Act, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to employment by the United States Senate.</content> </level> <level class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Investigation and adjudication of claims</inline>.—</heading><content>All claims raised by any individual with respect to Senate employment, pursuant to the Acts referred to in paragraph (2), shall be investigated and adjudicated by the Select Committee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended, or such other entity as the Senate may designate.</content> </level> <level class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Rights of employees</inline>.—</heading><content>The Committee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2).</content> </level> <level class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Applicable Remedies</inline>.—</heading><content>When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may designate, should to the extent <page identifier="/us/stat/104/374">104 STAT. 374</page>practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively.</content> </level> <level class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading><inline class="smallCaps">Matters Other Than Employment</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>The rights and protections under this Act shall, subject to subparagraph (B), apply with respect to the conduct of the Senate regarding matters other than employment.</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Remedies</inline>.—</heading><content>The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subparagraph (A). Such remedies and procedures shall apply exclusively, after approval in accordance with subparagraph (C).</content> </level> <level class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Proposed remedies and procedures</inline>.—</heading><content>For purposes of subparagraph (B), the Architect of the Capitol shall submit proposed remedies and procedures to the Senate Committee on Rules and Administration. The remedies and procedures shall be effective upon the approval of the Committee on Rules and Administration.</content> </level> </level> <level class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading><inline class="smallCaps">Exercise of rulemaking power</inline>.—</heading><content>Notwithstanding any other provision of law, enforcement and adjudication of the rights and protections referred to in paragraph (2) and (6)(A) shall be within the exclusive jurisdiction of the United States Senate. The provisions of paragraph (1), (3), (4), (5), (6)(B), and (6)(C) are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate.</content> </level> </level> <level class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Coverage of the House of Representatives</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>Notwithstanding any other provision of this Act or of law, the purposes of this Act shall, subject to paragraphs (2) and (3), apply in their entirety to the House of Representatives.</content> </level> <level class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Employment in the house</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Application</inline>.—</heading><content>The rights and protections under this Act shall, subject to subparagraph (B), apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House of Representatives.</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Administration</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="i">(i) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>In the administration of this paragraph, the remedies and procedures made applicable pursuant to the resolution described in clause (ii) shall apply exclusively.</content> </level> <level class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <heading><inline class="smallCaps">Resolution</inline>.—</heading><content>The resolution referred to in clause (i) is House Resolution 15 of the One Hundred First Congress, as agreed to January 3, 1989, or any other provision that continues in effect the provisions of, or is a successor to, the Fair Employment Practices Resolution (House Resolution 558 of the One Hundredth Congress, as agreed to October 4, 1988).</content> </level> </level> <level class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Exercise of rulemaking power</inline>.—</heading><content>The provisions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House.</content></level></level> <page identifier="/us/stat/104/375">104 STAT. 375</page> <level class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Matters other than employment</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The rights and protections under this Act shall, subject to subparagraph (B), apply with respect to the conduct of the House of Representatives regarding matters other than employment.</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Remedies</inline>.—</heading><content>The Architect of the Capitol shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to subparagraph (A). Such remedies and procedures shall apply exclusively, after approval in accordance with subparagraph (C).</content> </level> <level class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Approval</inline>.—</heading><content>For purposes of subparagraph (B), the Architect of the Capitol shall submit proposed remedies and procedures to the Speaker of the House of Representatives. The remedies and procedures shall be effective upon the approval of the Speaker, after consultation with the House Office Building Commission.</content> </level> </level> </level> <level class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Instrumentalities of Congress</inline>.—</heading> <level class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The rights and protections under this Act shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress.</content> </level> <level class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Establishment of remedies and procedures by instrumentalities</inline>.—</heading><content>The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). Such remedies and procedures shall apply exclusively.</content> </level> <level class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">Report to congress</inline>.—</heading><content>The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures.</content> </level> <level class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Definition of instrumentalities</inline>.—</heading><content>For purposes of this section, instrumentalities of the Congress include the following: the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the United States Botanic Garden.</content> </level> <level class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading><inline class="smallCaps">Construction</inline>.—</heading><content>Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act.</content> </level> </level> </section> <section> <num value="510">SEC. 510. </num> <heading>ILLEGAL USE OF DRUGS.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12210">42 USC 12210</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content>For purposes of this Act, the term “individual with a disability” does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Rules of Construction</inline>.—</heading><chapeau>Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is participating in a supervised rehabilitation program and is no longer engaging in such use; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is erroneously regarded as engaging in such use, but is not engaging in such use;</content></paragraph> <page identifier="/us/stat/104/376">104 STAT. 376</page> <continuation class="indent0 firstIndent0 fontsize10">except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Health and Other Services</inline>.—</heading><content>Notwithstanding subsection (a) and section 511(b)(3), an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Definition of Illegal use of drugs</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Drugs</inline>.—</heading><content>The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act.</content> </paragraph> </subsection> </section> <section> <num value="511">SEC. 511. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12211">42 USC 12211</ref>.</p></sidenote> <heading>DEFINITIONS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Homosexuality and Bisexuality</inline>.—</heading><content>For purposes of the definition of “disability” in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Certain Conditions</inline>.—</heading><chapeau>Under this Act, the term “disability” shall not include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>compulsive gambling, kleptomania, or pyromania; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>psychoactive substance use disorders resulting from current illegal use of drugs.</content> </paragraph> </subsection> </section> <section> <num value="512">SEC. 512. </num> <heading>AMENDMENTS TO THE REHABILITATION ACT.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Definition of Handicapped Individual</inline>.—</heading><content>Section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"><num value="C">“(C)</num><clause class="inline"><num value="i">(i) </num><content>For purposes of title V, the term ‘individual with handicaps’ does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use.</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><chapeau>Nothing in clause (i) shall be construed to exclude as an individual with handicaps an individual who—</chapeau> <subclause class="firstIndent1 fontsize10"><num value="I">“(I) </num><content>has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="II">“(II) </num><content>is participating in a supervised rehabilitation program and is no longer engaging in such use; or</content></subclause> <subclause class="firstIndent1 fontsize10"><num value="III">“(III) </num><content>is erroneously regarded as engaging in such use, but is not engaging in such use; <page identifier="/us/stat/104/377">104 STAT. 377</page>except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs.</content></subclause></clause> <clause class="firstIndent1 fontsize10"><num value="iii">“(iii) </num><content>Notwithstanding clause (i), for purposes of programs and activities providing health services and services provided under titles I, II and III, an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services.</content></clause> <clause class="firstIndent1 fontsize10"><num value="iv">“(iv) </num><content>For purposes of programs and activities providing educational services, local educational agencies may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any handicapped student who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against nonhandicapped students. Furthermore, the due process procedures at 34 CFR 104.36 shall not apply to such disciplinary actions.</content></clause> <clause class="firstIndent1 fontsize10"><num value="v">“(v) </num> <content>For purposes of sections 503 and 504 as such sections relate to employment, the term ‘individual with handicaps’ does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others.”.</content></clause></subparagraph></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Definition of Illegal Drugs</inline>.—</heading><content>Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 706) is amended by adding at the end the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="22">“(22)</num><subparagraph class="inline"><num value="A">(A) </num><content>The term ‘drug’ means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The term ‘illegal use of drugs’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.”.</content></subparagraph></paragraph></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Conforming Amendments</inline>.—</heading><chapeau>Section 7(8)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)(B)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the first sentence, by striking “<quotedText>Subject to the second sentence of this subparagraph,</quotedText>” and inserting “<quotedText>Subject to subparagraphs (C) and (D),</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking the second sentence.</content> </paragraph> </subsection> </section> <section> <num value="513">SEC. 513. </num> <heading>ALTERNATIVE MEANS OF DISPUTE RESOLUTION.</heading> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12212">42 USC 12212</ref>.</p></sidenote> <content>Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, <page identifier="/us/stat/104/378">104 STAT. 378</page>and arbitration, is encouraged to resolve disputes arising under this Act.</content> </section> <section> <num value="514">SEC. 514. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s12213">42 USC 12213</ref>.</p></sidenote> <heading>SEVERABILITY.</heading> <content>Should any provision in this Act be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of the Act.</content></section> Approved July 26, 1990.
LEGISLATIVE HISTORY—S. 933 (H.R. 2273): HOUSE REPORTS: No. 101–485, Pt. 1 (Comm. on Public Works and Transportation), Pt. 2 (Comm. on Education and Labor), Pt. 3 (Comm. on the Judiciary), and Pt. 4 (Comm. on Energy and Commerce) all accompanying H.R. 2273; and Nos. 101–558 and 101–596 both from (Comm. of Conference). SENATE REPORTS: No. 101–116 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Sept. 7, considered and passed Senate.

Vol. 136 (1990): May 17, 22, H.R. 2273 considered and passed House; S. 933 passed in lieu.

July 11, Senate recommitted conference report.

July 12, House agreed to conference report.

July 13, Senate agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

July 26, Presidential remarks and statement.

 Public Law 101–337: To improve the ability of the Secretary of the Interior to properly manage certain resources of the National Park System. Public Law 337 Public Law 101–337 104 Stat. 379 1990-07-27 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 2025-06-19 101 2 public 104 STAT. 379 Public Law 101–337 101st Congress
An Act To improve the ability of the Secretary of the Interior to properly manage certain resources of the National Park System.

July 27, 1990

[H.R. 2844]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.

16 USC 19jj.

 As used in this Act the term: (a) “Attorney General” means the Attorney General of the United States. (b) “Damages” includes the following: (1) Compensation for— (A)(i) the cost of replacing, restoring, or acquiring the equivalent of a park system resource; and (ii) the value of any significant loss of use of a park system resource pending its restoration or replacement or the acquisition of an equivalent resource; or (B) the value of the park system resource in the event the resource cannot be replaced or restored. (2) The cost of damage assessments under section 3(b). (c) “Response costs” means the costs of actions taken by the Secretary of the Interior to prevent or minimize destruction or loss of or injury to park system resources; or to abate or minimize the imminent risk of such destruction, loss, or injury; or to monitor ongoing effects of incidents causing such destruction, loss, or injury. (d) “Park system resource” means any living or nonliving resource that is located within or is a living part of a marine regimen or a Great Lakes aquatic regimen (including an aquatic regimen within Voyageurs National Park) within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity. (e) “Regimen” means a water column and submerged lands, up to the high-tide or high-water line. (f) “Secretary” means the Secretary of the Interior.
SEC. 2. LIABILITY.

16 USC 19jj–1.

 (a) In General.—Subject to subsection (c), any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury. (b) Liability in Rem.—Any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment that destroys, causes the loss of, or injures any park system resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury to the same extent as a person is liable under subsection (a). (c) Defenses.—A person is not liable under this section if such person can establish that— 104 STAT. 380 (1) the destruction, loss of, or injury to the park system resource was caused solely by an act of God or an act of war; (2) such person acted with due care, and the destruction, loss of, or injury to the park system resource was caused solely by an act or omission of a third party, other than an employee or agent of such person; or (3) the destruction, loss, or injury to the park system resource was caused by an activity authorized by Federal or State law. (d) Scope.—The provisions of this section shall be in addition to any other liability which may arise under Federal or State law.
SEC. 3.

16 USC 19jj–2.

 ACTIONS. (a) Civil Actions for Response Costs and Damages.—The Attorney General, upon request of the Secretary after a finding by the Secretary— (1) of damage to a park system resource; or (2) that absent the undertaking of response costs, damage to a park system resource would have occurred; may commence a civil action in the United States district court for the appropriate district against any person who may be liable under section 2 for response costs and damages. The Secretary shall submit a request for such an action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for such costs and damages as provided in section 2. (b) Response Actions and Assessment of Damages.—(1) The Secretary shall undertake all necessary actions to prevent or minimize the destruction, loss of, or injury to park system resources, or to minimize the imminent risk of such destruction, loss, or injury. (2) The Secretary shall assess and monitor damages to park system resources.
SEC. 4.

16 USC 19jj–3.

 USE OF RECOVERED AMOUNTS. Response costs and damages recovered by the Secretary under the provisions of this Act or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of damage to any living or nonliving resource located within a unit of the National Park System, except for damage to resources owned by a non-Federal entity, shall be available to the Secretary and without further congressional action may be used only as follows: (a) Response costs and damage assessments.—To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary deems appropriate. (b) Restoration and replacement.—To restore, replace, or acquire the equivalent of resources which were the subject of the action and to monitor and study such resources: Provided, That no such funds may be used to acquire any lands or waters or interests therein or rights thereto unless such acquisition is specifically approved in advance in appropriations Acts and any such acquisition shall be subject to any limitations contained in the organic legislation for such park unit. (c) Excess funds.—Any amounts remaining after expenditures pursuant to subsections (a) and (b) shall be deposited into the General Fund of the United States Treasury. (d) Report to congress.—The Secretary shall report annually to the Committee on Appropriations and the Committee on Energy and Natural Resources of the United States 104 STAT. 381Senate and the Committee on Appropriations and the Committee on Interior and Insular Affairs of the United States House of Representatives on funds expended pursuant to this Act. The report shall contain a detailed analysis and accounting of all funds recovered and expended, including, but not limited to, donations received pursuant to section 5, projects undertaken, and monies returned to the Treasury.
SEC. 5. DONATIONS.

16 USC 19jj–4.

 The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. Such donations may be expended or employed at any time after their acceptance, without further congressional action.
Approved July 27, 1990.
LEGISLATIVE HISTORY—H.R. 2844: SENATE REPORTS: No. 101–328 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): July 19, considered and passed House.

Vol. 136 (1990): June 19, considered and passed Senate, amended.

July 10, House concurred in Senate amendment.

 Public Law 101–338: Designating the week beginning July 22, 1990, as “Lyme Disease Awareness Week”. Public Law 338 Public Law 101–338 104 Stat. 382 1990-07-27 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 2025-06-19 101 2 public 104 STAT. 382 Public Law 101–338 101st Congress
Joint Resolution Designating the week beginning July 22, 1990, as “Lyme Disease Awareness Week”.

July 27, 1990

[S.J. Res. 276]

 Whereas Lyme disease is spread by the tick species Ixodes Dammini by means of the bacterium Borrelia Burgdorferi; Whereas these ticks are no larger than the head of a pin; Whereas these ticks can be carried by domestic animals such as cats, dogs, and horses; Whereas these ticks can be transferred from domestic animals to humans; Whereas Lyme disease was first diagnosed in southeastern Connecticut and has spread to 43 States; Whereas the Centers for Disease Control has reported more than 21,000 cases of Lyme disease since 1982; Whereas Lyme disease is easily treated in its early stages by an oral vaccine administered by a physician (penicillin and erythromycin for young children and tetracycline for persons allergic to penicillin); Whereas the early symptoms of Lyme disease may be a bulls-eye rash, severe headaches, fever, and swollen glands; Whereas Lyme disease often mocks rheumatoid arthritis and heart disease; Whereas if left untreated, Lyme disease can cause severe damage to the heart, brain and joints; Whereas the best cure for Lyme disease is prevention; Whereas prevention of Lyme disease depends upon public awareness; and Whereas education is essential to making the general public and health care professionals more knowledgeable of Lyme disease and its debilitating side effects: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week beginning July 22, 1990, is designated as “Lyme Disease Awareness Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs, ceremonies, and activities.
Approved July 27, 1990.
LEGISLATIVE HISTORY—S.J. Res. 276: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

July 17, considered and passed House.

 Public Law 101–339: Relating to NASA and the International Space Year. Public Law 339 Public Law 101–339 104 Stat. 383 1990-07-31 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 2025-06-19 101 2 public 104 STAT. 383 Public Law 101–339 101st Congress
Joint Resolution Relating to NASA and the International Space Year.

July 31, 1990

[S.J. Res. 75]

 Whereas in 1985 Congress proposed an International Space Year (ISY) for 1992, commemorating the 500th anniversary of Columbus’ voyage to the New World and the 35th anniversary of the International Geophysical Year that ushered in the space age; Whereas Congress also requested the President to endorse the ISY and to initiate interagency and international discussions for an ISY; Whereas in 1986 President Reagan endorsed the ISY and reported to Congress that NASA had found worldwide support for an ISY in 1992, consisting of space activities coordinated on a global basis, and the President directed NASA to move the concept forward internationally and to lead an interagency effort for domestic activities; Whereas NASA has exercised admirable leadership, through the Office of Space Science and Applications and the Division of International Relations, in establishing the Space Agency Forum on ISY (SAFISY) to coordinate ISY planning, with a current worldwide membership of 25 national space agencies or equivalent bodies; Whereas SAFISY planning is accelerating, with particular emphasis on coordinating current and planned space agency activities so as to improve efficiency and maximize scientific and economic return on space investments; and Whereas the ISY also is generating numerous educational activities, including classroom activities, films, television programs, that will greatly improve public understanding of the significance and potential of the space age: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That it is the sense of the Congress that the President should— (1) reaffirm support for the ISY and invite foreign leaders to do the same; (2) support the World Space Congress, to be convened in 1992, in its efforts to encourage cooperative space activities among nations in space science, space exploration, and the application of space technology; 104 STAT. 384 (3) invite the American public to develop ISY activities that foster the global perspective of the ISY; (4) direct NASA to continue to develop ISY activities through SAFISY, with a primary emphasis on Mission to Planet Earth, but also with a strong emphasis on the other space sciences, human exploration, education, and developing nations applications; and (5) report to Congress at the earliest practicable date, but no later than September 1, 1990, on the steps taken to carry out items (1) through (4) above, including a list of all current and planned NASA initiatives in each of the categories mentioned in item (4).
Approved July 31, 1990.
LEGISLATIVE HISTORY—S.J. Res. 75: HOUSE REPORTS: No. 101–532, Pt. 1 (Comm. on Science, Space, and Technology). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 7, considered and passed Senate.

June 12, considered and passed House, amended.

July 19, Senate concurred in House amendments.

 Public Law 101–340: To designate September 13, 1990, as “National D.A.R.E. Day”. Public Law 340 Public Law 101–340 104 Stat. 385 1990-07-31 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 2025-06-19 101 2 public 104 STAT. 385 Public Law 101–340 101st Congress
Joint Resolution To designate September 13, 1990, as “National D.A.R.E. Day”.

July 31, 1990

[S.J. Res. 281]

 Whereas D.A.R.E. (Drug Abuse Resistance Education) is a comprehensive program under which children from kindergarten through the 12th grade are taught how to resist the pressures of experimenting with drugs and alcohol; Whereas the D.A.R.E. program provides parents with the information and techniques necessary to reinforce and further develop the decisions of their children to lead drug free-lives; Whereas the D.A.R.E. program targets children at ages when they are most vulnerable to extreme peer pressure to try drugs and alcohol and teaches them how effectively to resist pressure to engage in negative behavior; Whereas the D.A.R.E. program is now conducted in local schools in more than 2,000 communities in 49 States and in Department of Defense Overseas Dependent Schools worldwide; Whereas more than 4,500,000 school children will be reached through the D.A.R.E. core curriculum in 1990; Whereas, school children are sometimes more streetwise about substance abuse than are classroom teachers, the D.A.R.E. program is taught by veteran police officers having direct experience with cases involving criminal drug offenses and with people whose lives have been ruined by substance abuse; Whereas each police officer who teaches the D.A.R.E. program completes an 80-hour training course that includes instruction in teaching techniques, relationships between officers and schools, self-esteem development, child development, and communication skills; Whereas the D.A.R.E. curriculum, developed by the Los Angeles Police Department and the Los Angeles Unified School District, helps school children understand self-image, recognize and manage stress without using drugs or alcohol, analyze and resist media presentations about drugs and alcohol, evaluate risk-taking behavior, resist gang pressure, apply decision-making skills, and evaluate the consequences of the choices facing them; Whereas independent research shows that the D.A.R.E program has exceeded its goal of helping students combat peer pressure to use drugs and alcohol by contributing to improved study habits and grades, by reducing vandalism and gang activity, and by instilling greater respect for police officers; and Whereas the D.A.R.E. program has achieved outstanding success teaching positive and effective approaches to one of the most difficult problems facing young people today, namely drug and alcohol abuse: Now, therefore, be it 104 STAT. 386 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That September 13, 1990, is designated as “National D.A.R.E. Day”, and the President is requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities.
Approved July 31, 1990.
LEGISLATIVE HISTORY—S.J. Res. 281: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed House.

July 17, considered and passed Senate.

 Public Law 101–341: To designate August 1, 1990, as “Helsinki Human Rights Day”. Public Law 341 Public Law 101–341 104 Stat. 387 1990-07-31 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 2025-06-19 101 2 public 104 STAT. 387 Public Law 101–341 101st Congress
Joint Resolution To designate August 1, 1990, as “Helsinki Human Rights Day”.

July 31, 1990

[S.J. Res. 339]

 Whereas August 1, 1990, is the fifteenth anniversary of the signing of the Final Act of the Conference on Security and Cooperation in Europe (CSCE) (hereafter in this preamble referred to as the “Helsinki accords”); Whereas on August 1, 1975, the Helsinki accords were agreed to by the Governments of Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America, and Yugoslavia; Whereas the participating States have committed themselves to balanced progress in all areas of the Helsinki accords; Whereas the Helsinki accords recognize the inherent relationship between respect for human rights and fundamental freedoms and the attainment of genuine security; Whereas the Helsinki accords also express the commitment of the participating States to “respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion”; Whereas the Helsinki accords also express the commitment of the participating States to guarantee the effective exercise of human rights and fundamental freedoms which derive from the inherent dignity of humanity and are essential for the free and full development of that dignity; Whereas the participating States have committed themselves to “protect and create the conditions for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities on their territory,” as well as to “respect the free exercise of rights by persons belonging to such minorities and ensure their full equality with others”; Whereas the Helsinki accords also express the commitment of the participating States in the field of human rights and fundamental freedoms to “act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights” and to “fulfill their obligations as set forth in the international declarations and agreements in this field, including inter alia International Covenants on Human Rights, by which they may be bound”; Whereas the participating States have committed themselves to “ensure that their laws, regulations, practices and policies conform with their obligations under international law and are 104 STAT. 388brought into harmony with the provisions of the Declaration of Principles and other CSCE commitments”; Whereas the participating States have committed themselves to “respect the equal rights of peoples and their right to self-determination, acting at all times in conformity with the purposes and principles of the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of States”; Whereas the participating States have recognized that respect for human rights is an essential aspect for the protection of the environment and for economic prosperity; Whereas the participating States have committed themselves to respect fully the right of everyone to leave any country, including their own, and to return to their country; Whereas the participating States have made it their aim to “facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating States, and to contribute to the solution of the humanitarian problems that arise in that connection”; Whereas the Helsinki accords also express the commitment of the participating States to “facilitate the freer and wider dissemination of information of all kinds, to encourage cooperation in the field of information and the exchange of information with other countries”; Whereas the dramatic changes which have occurred within the last year in many signatory States have brought the human rights promises of Helsinki closer to fruition; Whereas, despite significant improvements, all participating States have not yet fully implemented their obligations under Principle VII of the Helsinki accords to respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, and under Basket III of the Helsinki accords to promote free movement of people, ideas and information; Whereas on January 19, 1989, representatives from the signatory States agreed on the Concluding Document of the Vienna Follow-Up Meeting, a document which has added clarity and precision to the obligations undertaken by the States in signing the Helsinki accords; Whereas by agreeing to the Concluding Document, the signatory States “reaffirmed their commitment to the CSCE process and underlined its essential role in increasing confidence, in opening up new ways for cooperation, in promoting respect for human rights and fundamental freedoms and thus strengthening international security”; Whereas the Conference on Security and Cooperation in Europe of the thirty-five signatory States of the Helsinki accords has made major contributions to the positive developments in Eastern and Central Europe, including greater respect for the human rights and fundamental freedoms of individuals and groups; and Whereas the Conference on Security and Cooperation in Europe provides an excellent framework for the further development of genuine security and cooperation among the participating States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That— 104 STAT. 389 (1) August 1, 1990, the fifteenth anniversary of the signing of the Final Act of the Conference on Security and Cooperation in Europe (hereinafter referred to as the “Helsinki accords”) is designated as “Helsinki Human Rights Day”; (2) the President is authorized and requested to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki accords, urging all signatory nations to abide by their obligations under the Helsinki accords, and encouraging the people of the United States to join the President and Congress in observance of the Helsinki Human Rights Day with appropriate programs, ceremonies, and activities; (3) the President is further requested to continue his efforts to achieve full implementation of the human rights and humanitarian provisions of the Helsinki accords by raising the issue of noncompliance on the part of any signatory nation which may be in violation; (4) the President is further requested to convey to all signatories of the Helsinki accords that respect for human rights and fundamental freedoms is a vital element of further progress in the ongoing Helsinki process; and (5) the President is further requested, in view of the considerable progress made to date, to develop new proposals to advance the human rights objectives of the Helsinki process, and in so doing address the major problems that remain, including the question of self-determination of peoples.
Sec. 2. The Secretary of the Senate is directed to transmit copies of this joint resolution to the President, the Secretary of State, and the Ambassadors of the thirty-four Helsinki signatory nations.
Approved July 31, 1990.
LEGISLATIVE HISTORY—S.J. Res 339: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 28, considered and passed Senate.

July 26, considered and passed House.

 Public Law 101–342: Designating the third Sunday of August of 1990 as “National Senior Citizens Day”. Public Law 342 Public Law 101–342 104 Stat. 390 1990-08-02 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 2025-06-19 101 2 public 104 STAT. 390 Public Law 101–342 101st Congress
Joint Resolution Designating the third Sunday of August of 1990 as “National Senior Citizens Day”.

Aug. 2, 1990

[H.J. Res. 591]

 Resolved by the Senate and, House of Representatives of the United States of America in Congress assembled,
That the third Sunday of August of 1990 is designated as “National Senior Citizens Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the day with appropriate ceremonies and activities in honor of the contributions to the United States of individuals more than 55 years of age.
Approved August 2, 1990.
LEGISLATIVE HISTORY—H.J. Res. 591: CONGRESSIONAL RECORD, Vol. 136 (1990):

July 17, considered and passed House.

July 19, considered and passed Senate.

 Public Law 101–343: Designating the month of November 1990 as “National American Indian Heritage Month”. Public Law 343 Public Law 101–343 104 Stat. 391 1990-08-03 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 2025-06-19 101 2 public 104 STAT. 391 Public Law 101–343 101st Congress
Joint Resolution Designating the month of November 1990 as “National American Indian Heritage Month”.

Aug. 3, 1990

[H.J. Res. 577]

 Whereas American Indians were the original inhabitants of the lands that now constitute the United States of America; Whereas American Indians have made an essential and unique contribution to our Nation, not the least of which is the contribution of most of the land which now comprises these United States; Whereas American Indians have made essential contributions to the world, including prehistoric cultivation and harvesting of corn and sweet potatoes; Whereas the people of the United States should be reminded of the assistance given to the early European visitors to North America by the ancestors of today’s American Indians, including knowledge and training provided to the pilgrims in survival, hunting, and cultivation, and fertilization of indigenous crops; Whereas the people and Government of the United States should be reminded of the assistance given to this country’s Founding Fathers by the ancestors of today’s American Indians, including the support the original inhabitants provided to George Washington and his troops during the winter of 1777–1778, which they spent in Valley Forge; Whereas the people and Government of the United States should be reminded that certain concepts such as freedom of speech, the separation of powers in government, and the balance of power within government, all of which were found in the political systems of various American Indian nations, influenced the formulation of the Government of the United States of America; Whereas the Members of the Senate and House of Representatives believe that a resolution and proclamation of the nature requested in this resolution can encourage activities which provide positive benefits of enhanced self-esteem, pride, and self-awareness to young American Indians; Whereas the approaching 500th anniversary of the arrival of Christopher Columbus to the Western Hemisphere provides an opportunity for the people of the United States to consider and reflect on our Nation’s current relationship with our American Indians; and Whereas the month of November concludes the traditional harvest season of American Indians and was generally a time of celebration and giving thanks: Now, therefore, be it 104 STAT. 392 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the month of November 1990 is designated as “National American Indian Heritage Month”, and the President is authorized and requested to issue a proclamation calling upon Federal, State, and local governments, interested groups and organizations, and the people of the United States to observe the month with appropriate programs, ceremonies, and activities.
Approved August 3, 1990.
LEGISLATIVE HISTORY—H.J. Res. 577: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 26, considered and passed House.

July 19, considered and passed Senate.

 Public Law 101–344: To establish the Tumacacori National Historical Park in the State of Arizona. Public Law 344 Public Law 101–344 104 Stat. 393 1990-08-06 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 2025-06-19 101 2 public 104 STAT. 393 Public Law 101–344 101st Congress
An Act To establish the Tumacacori National Historical Park in the State of Arizona.

Aug. 6, 1990

[H.R. 2843]

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

Public lands.
SECTION 1. TUMACACORI NATIONAL HISTORICAL PARK. (a) Establishment.—In order to protect and interpret, for the

16 USC 410ss.

education and benefit of the public, sites in the State of Arizona associated with the early Spanish missionaries and explorers of the 17th and 18th centuries, there is hereby established the Tumacacori National Historical Park (hereinafter in this Act referred to as the “park”). (b) Area Included.—The park shall consist of the existing Tumacacori National Monument, together with (1) the ruins of Los Santos Angeles de Guevavi, the first mission in Arizona (consisting of approximately 8 acres) and (2) the Kino visita and rancheria ruins of Calabazas (consisting of approximately 22 acres), each as generally depicted on the map entitled “Boundary Map, Tumacacori National Historical Park”, numbered 311/80018, and dated February 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (c) Abolition of Monument.—The Tumacacori National Monument

16 USC 431 note.

is hereby abolished and any funds available for purposes of the monument shall be available for purposes of the park.
SEC. 2. ADMINISTRATION.

16 USC 410ss–1.

 (a) In General.—The Secretary of the Interior (hereinafter referred to as the “Secretary”) shall administer the park in accordance with this Act and with the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467). The Secretary may acquire lands or interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. (b) Donations.—Notwithstanding any other provision of law, the Secretary may accept and retain donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of this Act. (c) Separate Units.—The Secretary shall provide for the identification of the Guevavi, Calabazas, and Tumacacori sites as 3 separate units of the park. 104 STAT. 394 (d) Recognition of Father Eusebio Francisco Kino’s Role.—In administering the park, the Secretary shall utilize such interpretative materials and other devices as may be necessary to give appropriate recognition to the role of the Jesuit Missionary Priest, Father Eusebio Francisco Kino, in the development of the mission sites and the settlement of the region.
Approved August 6, 1990.
LEGISLATIVE HISTORY—H.R. 2843: HOUSE REPORTS: No. 101–418 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–362 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 13, considered and passed House.

July 23, considered and passed Senate.

 Public Law 101–345: Designating August 6, 1990, as “Voting Rights Celebration Day”. Public Law 345 Public Law 101–345 104 Stat. 395 1990-08-07 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 2025-06-19 101 2 public 104 STAT. 395 Public Law 101–345 101st Congress
Joint Resolution Designating August 6, 1990, as “Voting Rights Celebration Day”.

Aug. 7, 1990

[H.J. Res. 625]

 Whereas the 15th amendment to the United States Constitution guarantees the right of all citizens of the United States to vote without regard to their race or color; Whereas, for nearly a century, the Government of the United States failed to enforce effectively the 15th amendment, thus denying African-Americans the right to exercise their voting franchise; Whereas, in the absence of voting rights legislation, violence, harassment, intimidation, unfair tests, and other barriers to participation denied millions of United States citizens empowerment and enfranchisement in the political process; Whereas the enactment of effective voting rights legislation was a priority of the civil rights movement for which many gave their lives; Whereas President Lyndon Johnson declared on March 15, 1965, before a Joint Session of Congress that “every American citizen must have an equal right to vote,” and that “there is no duty which weighs more heavily on us than the duty we have to insure that right”; Whereas bipartisan majorities in the House of Representatives and the Senate overwhelmingly approved the Voting Rights Act of 1965, and President Johnson signed the Act into law in a ceremony in the rotunda of the United States Capitol on August 6, 1965; Whereas the Voting Rights Act of 1965 has been the most effective civil rights legislation for changing discriminatory practices that denied African-American, Hispanic-American, Native-American, Asian-American and other minority voters their most basic democratic rights, the right to vote and the opportunity to elect the persons they most want to represent them; Whereas Congress has extended the Voting Rights Act of 1965 on three occasions because of its great effectiveness in expanding voter registration among minority citizens, increasing the number of African-American, Hispanic-American, Native-American, Asian-American and other minority elected officials, and causing greater and intrinsically valuable discourse between candidates for elective office and voters of all races and colors; and Whereas August 6, 1990, marks the 25th anniversary of the enactment of the Voting Rights Act of 1965: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That August 6, 1990, is designated as “Voting Rights Celebration Day”, and the President is authorized and requested to issue a proclamation reminding the people of the United States of— (1) the historic struggle to provide all citizens of the United States with an equal and unencumbered right to vote; (2) the need to register to vote and participate in elections; 104 STAT. 396 (3) the importance of the Voting Rights Act of 1965 and the need for its continued enforcement; and (4) the value of the vote to all citizens as an instrument of self-government and justice in a democratic society.
Approved August 7, 1990.
LEGISLATIVE HISTORY—H.J. Res. 625: CONGRESSIONAL RECORD, Vol. 136 (1990):

July 31, considered and passed House.

Aug. 1, considered and passed Senate.

 Public Law 101–346: Designating the week of August 19 through 25, 1990, as “National Agricultural Research Week”. Public Law 346 Public Law 101–346 104 Stat. 397 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 397 Public Law 101–346 101st Congress
Joint Resolution Designating the week of August 19 through 25, 1990, as “National Agricultural Research Week”.

Aug. 9, 1990

[H.J. Res. 548]

 Whereas the Act to establish a Department of Agriculture, enacted May 15, 1862, which placed the primary responsibility for scientific experimentation in agriculture with the Department of Agriculture, provided the basis for the development of the modern nationwide cooperative agricultural research system; Whereas past public commitments to agricultural research in the United States provided the scientists and facilities essential to the development of the most successful technological advancements known to the science of agriculture; Whereas the American public has been the major beneficiary of agricultural research through a broad array of food, fiber, and forest products unsurpassed in cost, availability, quality, safety, and convenience; and Whereas the agricultural production and marketing system of the United States faces urgent challenges from increased international competition for markets, consumer demands for healthier and safer foods, the need to adjust to the uncertainties of climatic change, appeals to conserve the natural resources of the Nation and protect the environment, and the need to improve the economic well-being of rural America: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of August 19 through 25, 1990, is designated as “National Agricultural Research Week”. The President is authorized and requested to issue a proclamation calling on the people of the United States to observe that week with proper ceremonies and activities.
Approved August 9, 1990.
LEGISLATIVE HISTORY—H.J. Res. 548 (S.J. Res. 321): CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, S.J. Res. 321 considered and passed Senate.

June 17, H.J. Res. 548 considered and passed House.

July 27, considered and passed Senate.

 Public Law 101–347: Recognizing the National Fallen Firefighters’ Memorial at the National Fire Academy in Emmitsburg, Maryland, as the official national memorial to volunteer and career firefighters who die in the line of duty. Public Law 347 Public Law 101–347 104 Stat. 398 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 398 Public Law 101–347 101st Congress
Joint Resolution Recognizing the National Fallen Firefighters’ Memorial at the National Fire Academy in Emmitsburg, Maryland, as the official national memorial to volunteer and career firefighters who die in the line of duty.

Aug. 9, 1990

[S.J. Res. 77]

 Whereas the National Fallen Firefighters’ Memorial, located on the campus of the National Fire Academy in Emmitsburg, Maryland, honors the approximately one hundred and sixty volunteer and career firefighters who die each year in the line of duty; and Whereas such Memorial serves as a symbol of the courage and dedication of past, present, and future firefighters in their efforts to protect life and property: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

16 USC 431 note.
That the memorial known as the National Fallen Firefighters’ Memorial, located on the campus of the National Fire Academy in Emmitsburg, Maryland, is recognized as the official national memorial to volunteer and career firefighters who die in the line of duty.
Approved August 9, 1990.
LEGISLATIVE HISTORY—S.J. Res. 77 (H.J. Res. 183): SENATE REPORTS: No. 101–31 (Comm. on Rules and Administration). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 1, considered and passed Senate.

Vol. 136 (1990): July 30, H.J. Res. 183 and S.J. Res. 77 considered and passed House.

 Public Law 101–348: To designate the week of October 7, 1990, through October 13, 1990, as “Mental Illness Awareness Week”. Public Law 348 Public Law 101–348 104 Stat. 399 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 399 Public Law 101–348 101st Congress
Joint Resolution To designate the week of October 7, 1990, through October 13, 1990, as “Mental Illness Awareness Week”.

Aug. 9, 1990

[S.J. Res. 256]

 Whereas mental illness is a problem of grave concern and consequence in American society, widely but unnecessarily feared and misunderstood; Whereas 31 to 41 million Americans annually suffer from clearly diagnosable mental disorders involving significant disability with respect to employment, attendance at school, or independent living; Whereas more than 10,000,000 Americans are disabled for long periods of time by schizophrenia, manic depressive disorder, and major depression; Whereas 33 percent of the homeless suffer serious, chronic forms of mental illness; Whereas alcohol, drug, and mental disorders affect almost 19 percent of American adults in any 6-month period; Whereas mental illness in at least 12,000,000 children interferes with vital developmental and maturational processes; Whereas mental disorder-related deaths are estimated to be 33,000 annually, with suicide accounting for at least 29,000 of those, although the real number is thought to be at least three times higher; Whereas our growing population of the elderly is particularly vulnerable to mental illness; Whereas estimates indicate that 1 in 10 AIDS patients will develop dementia or other psychiatric problems as the first sign of the disease and that as many as two-thirds of AIDS patients will show neuropsychiatric symptoms before they die; Whereas mental disorders result in staggering costs to society, estimated to be in excess of $249,000,000,000 in direct treatment and support and indirect costs to society, including lost productivity; Whereas the Federal research budget committed to the Alcohol, Drug Abuse, and Mental Health Administration represents only about 1 percent of the direct clinical costs of caring for persons with alcohol, drug, and mental disorders; Whereas mental illness is increasingly a treatable disability with excellent prospects for amelioration and recovery when properly recognized; Whereas families of mentally ill persons and those persons themselves have begun to join self-help groups seeking to combat the unfair stigma of the diseases, to support greater national investment in research, and to advocate an adequate continuum of care from hospital to community; 104 STAT. 400 Whereas in recent years there have been unprecedented major research developments bringing new methods and technology to the sophisticated and objective study of the functioning of the brain and its linkages to both normal and abnormal behavior; Whereas research in recent decades has led to a wide array of new and more effective modalities of treatment (both somatic and psychosocial) for some of the most incapacitating forms of mental illness (including schizophrenia, major affective disorders, phobias, and phobic disorders); Whereas appropriate treatment of mental illness has been demonstrated to be cost effective in terms of restored productivity, reduced utilization of other health services, and lessened social dependence; and Whereas recent and unparalleled growth in scientific knowledge about mental illness has generated the current emergence of a new threshold of opportunity for future research advances and fruitful application to specific clinical problems: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the 7-day period beginning October 7, 1990, and ending October 13, 1990, is designated as “Mental Illness Awareness Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities.
Approved August 9, 1990.
LEGISLATIVE HISTORY—S.J. Res. 256: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

July 31, considered and passed House.

 Public Law 101–349: To designate the second Sunday in October of 1990 as “National Children’s Day”. Public Law 349 Public Law 101–349 104 Stat. 401 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 401 Public Law 101–349 101st Congress
Joint Resolution To designate the second Sunday in October of 1990 as “National Children’s Day”.

Aug. 9, 1990

[S.J. Res. 316]

 Whereas the people of the United States should celebrate children as the most valuable asset of the Nation; Whereas children represent the future, hope, and inspiration of the United States; Whereas the children of the United States should not be allowed to feel that their ideas and dreams will be stifled because adults in the United States do not take time to listen; Whereas many children face crises of grave proportions, especially as they enter adolescent years; Whereas it is important for parents to spend time listening to their children on a daily basis; Whereas modern societal and economic demands often pull the family apart; Whereas encouragement should be given to families to set aside a special time for all family members to remain at home; Whereas adults in the United States should have an opportunity to reminisce on their youth to recapture some of the fresh insight, innocence, and dreams that they may have lost through the years; Whereas the designation of a day to commemorate the children of the United States will provide an opportunity to emphasize to children the importance of developing an ability to make the choices necessary to distance themselves from impropriety; Whereas the designation of a day to commemorate the children of the Nation will emphasize to the people of the United States the importance of the role of the child within the family; Whereas the people of the United States should emphasize to children the importance of family life, education, and spiritual qualities; and Whereas parents, teachers, and community and religious leaders should celebrate the children of the United States, whose questions, laughter, and tears are important to the existence of the United States: Now, therefore, be it 104 STAT. 402 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the second Sunday in October of 1990 is designated as “National Children’s Day”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the day with appropriate ceremonies and activities.
Approved August 9, 1990.
LEGISLATIVE HISTORY—S.J. Res. 316: CONGRESSIONAL RECORD, Vol. 136 (1990).

June 18, considered and passed Senate.

July 31, considered and passed House.

 Public Law 101–350: To provide for a temporary increase in the public debt limit. Public Law 350 Public Law 101–350 104 Stat. 403 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 403 Public Law 101–350 101st Congress
An Act To provide for a temporary increase in the public debt limit.

Aug. 9, 1990

[H.R. 5350]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.

31 USC 3101 note.

 During the period beginning on the date of the enactment of this Act and ending on October 2, 1990, the public debt limit set forth in subsection (b) of section 3101 of title 31, United States Code, shall be temporarily increased to $3,195,000,000,000.
Approved August 9, 1990.
LEGISLATIVE HISTORY—H.R. 5350: HOUSE REPORTS: No. 101–631 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 8, considered and passed House and Senate.

 Public Law 101–351: To extend the expiration date of the Defense Production Act of 1950. Public Law 351 Public Law 101–351 104 Stat. 404 1990-08-09 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 2025-06-19 101 2 public 104 STAT. 404 Public Law 101–351 101st Congress
An Act To extend the expiration date of the Defense Production Act of 1950.

Aug. 9, 1990

[H.R. 5432]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking “August 10, 1990” and inserting “September 30, 1990”.
Approved August 9, 1990.
LEGISLATIVE HISTORY—H.R. 5432: CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 2, considered and passed House.

Aug. 4, considered and passed Senate.

 Public Law 101–352: To direct the completion of the research recommended by the Technical Study Group on Cigarette and Little Cigar Fire Safety and to provide for an assessment of the practicality of a cigarette fire safety performance standard. Public Law 352 Public Law 101–352 104 Stat. 405 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 405 Public Law 101–352 101st Congress
An Act To direct the completion of the research recommended by the Technical Study Group on Cigarette and Little Cigar Fire Safety and to provide for an assessment of the practicality of a cigarette fire safety performance standard.

Aug. 10, 1990

[H.R. 293]

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

Fire Safe Cigarette Act of 1990.

15 USC 2054 note.
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.— This Act may be cited as the “Fire Safe Cigarette Act of 1990”. (b) Findings.— The Congress finds that— (1) cigarette-ignited fires are the leading cause of fire deaths in the United States, (2) in 1987, there were 1,492 deaths from cigarette-ignited fires, 3,809 serious injuries, and $395,000,000 in property damage caused by such fires, (3) the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety under the Cigarette Safety Act of 1984 determined that (A) it is technically feasible and may be commercially feasible to develop a cigarette that will have a significantly reduced propensity to ignite furniture and mat-tresses, and (B) the overall impact on other aspects of the United States society and economy may be minimal, (4) the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety under the Cigarette Safety Act of 1984 further determined that the value of a cigarette with less of a likelihood to ignite furniture and mattresses which would prevent property damage and personal injury and loss of life is economically incalculable, (5) it is appropriate for the Congress to require by law the completion of the research described in the final report of the Technical Study Group on Cigarette and Little Cigar Fire Safety and an assessment of the practicability of developing a performance standard to reduce cigarette ignition propensity, and (6) it is appropriate for the Consumer Product Safety Commission to utilize its expertise to complete the recommendations for further work and report to Congress in a timely fashion.
SEC. 2. COMPLETION OF FIRE SAFETY RESEARCH.

15 USC 2054 note.

 (a) Center for Fire Research.— At the request of the Consumer Product Safety Commission, the National Institute for Standards and Technology’s Center for Fire Research shall— (1) develop a standard test method to determine cigarette ignition propensity, (2) compile performance data for cigarettes using the standard test method developed under paragraph (1), and (3) conduct laboratory studies on and computer modeling of ignition physics to develop valid, user-friendly predictive capability. 104 STAT. 406 The Commission shall make such request not later than the expiration of 30 days after the date of the enactment of this Act. (b) Commission.— The Consumer Product Safety Commission shall— (1) design and implement a study to collect baseline and follow up data about the characteristics of cigarettes, products ignited, and smokers involved in fires, and (2) develop information on societal costs of cigarette-ignited fires. (c) Health and Human Services.— The Consumer Product Safety Commission, in consultation with the Secretary of Health and Human Services, shall develop information on changes in the toxicity of smoke and resultant health effects from cigarette prototypes. The Commission shall not obligate more than $50,000 to develop such information.
SEC. 3.

15 USC 2054 note.

 ADVISORY GROUP. (a) Establishment.— There is established the Technical Advisory Group to advise and work with the Consumer Product Safety Commission and National Institute for Standards and Technology’s Center for Fire Research on the implementation of this Act. The Technical Advisory Group may hold hearings to develop information

Termination date.

 to carry out its functions. The Technical Advisory Group shall terminate 1 month after the submission of the final report of the Chairman of the Consumer Product Safety Commission under section 4. (b) Members.— The Technical Advisory Group shall consist of the same individuals appointed to the Technical Study Group on Cigarette and Little Cigar Fire Safety under section 3(a) of the Cigarette Safety Act of 1984. If such an individual is unavailable to serve on the Technical Advisory Group, the entity which such individual represented on such Technical Study Group shall submit to the Chairman of the Consumer Product Safety Commission the name of another individual to be appointed by the Chairman to represent such group on the Technical Advisory Group.
SEC. 4.

15 USC 2054 note.

 REPORTS. The Chairman of the Consumer Product Safety Commission, in consultation with the Technical Advisory Group, shall submit to Congress three reports on the activities undertaken under section 2 as follows: The first such report shall be made not later than 13 months after the date of the enactment of this Act, the second such report shall be made not later than 25 months after such date, and the final such report shall be made not later than 36 months after such date.
SEC. 5.

15 USC 2054 note.

 CONFIDENTIALITY. (a) In General.— Any information provided to the National Institute for Standards and Technology’s Center for Fire Research, to the Consumer Product Safety Commission, or to the Technical Advisory Group under section 2 which is designated as trade secret or confidential information shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code, and shall not be revealed, except as provided under subsection (b). No member or employee of the Center for Fire Research, the Consumer Product Safety Commission, or the Technical Advisory Group and 104 STAT. 407no person assigned to or consulting with the Center for Fire Research, the Consumer Product Safety Commission, or the Technical Advisory Group, shall disclose any such information to any person who is not a member or employee of, assigned to, or consulting with, the Center for Fire Research, Consumer Product Safety Commission, or the Technical Advisory Group unless the person submitting such information specifically and in writing authorizes such disclosure. (b) Construction.—Subsection (a) does not authorize the withholding of any information from any duly authorized subcommittee or committee of the Congress, except that if a subcommittee or committee of the Congress requests the Consumer Product Safety Commission, the National Institute for Standards and Technology’s Center for Fire Research, or the Technical Advisory Group to provide such information, the Commission, the Center for Fire Research, or Technical Advisory Group shall notify the person who provided the information of such a request in writing.
Approved August 10, 1990.
LEGISLATIVE HISTORY—H.R. 293: CONGRESSIONAL RECORD, Vol. 136 (1990):

July 30, considered and passed House and Senate.

 Public Law 101–353: To designate the Agricultural Research Service, United States Department of Agriculture, animal health research building in Clay Center, Nebraska, as the “Virginia D. Smith Animal Health Research Laboratory”. Public Law 353 Public Law 101–353 104 Stat. 408 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 408 Public Law 101–353 101st Congress
An Act To designate the Agricultural Research Service, United States Department of Agriculture, animal health research building in Clay Center, Nebraska, as the “Virginia D. Smith Animal Health Research Laboratory”.

Aug. 10, 1990

[H.R. 3048]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Agricultural Research Service, United States Department of Agriculture, animal health research building located at the Roman L. Hruska United States Meat Animal Research Center in Clay Center, Nebraska, is hereby designated as the “Virginia D. Smith Animal Health Research Laboratory”. Any reference to the Laboratory in a rule, document, record, or other paper of the United States shall be considered to be a reference to the “Virginia D. Smith Animal Health Research Laboratory”.
Approved August 10, 1990.
LEGISLATIVE HISTORY—H.R. 3048: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 1, considered and passed House.

Aug. 3, considered and passed Senate.

 Public Law 101–354: To amend the Public Health Service Act to establish a program of grants for the detection and control of breast and cervical cancer. Public Law 354 Public Law 101–354 104 Stat. 409 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 409 Public Law 101–354 101st Congress
An Act To amend the Public Health Service Act to establish a program of grants for the detection and control of breast and cervical cancer.

Aug. 10, 1990

[H.R. 4790]

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

Breast and Cervical Cancer Mortality Prevention Act of 1990.

42 USC 201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Breast and Cervical Cancer Mortality Prevention Act of 1990”.
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR PREVENTION AND CONTROL OF BREAST AND CERVICAL CANCER. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XIV the following new title: <num value="XV">“TITLE XV—</num> <heading>PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS</heading> <section> <num value="1501">“SEC. 1501. </num> <heading>ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300k">42 USC 300k</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary, acting through the Director of the Centers for Disease Control, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to screen women for breast and cervical cancer as a preventive health measure;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Grant and Contract Authority of States</inline>.—</heading><content>A State receiving a grant under subsection (a) may expend the grant to carry out <page identifier="/us/stat/104/410">104 STAT. 410</page>the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities.</content> </subsection> </section> <section> <num value="1502">“SEC. 1502. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300l">42 USC 300<i>l</i></ref>.</p></sidenote> <heading>REQUIREMENT OF MATCHING FUNDS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Determination of Amount of Non-Federal Contribution</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or over-head costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Maintenance of effort</inline>.—</heading> <content>In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 1501 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Inclusion of relevant non-federal contributions for medicaid</inline>.—</heading> <content>In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 1501(a).</content> </paragraph> </subsection> </section> <section> <num value="1503">“SEC. 1503. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300m">42 USC 300m</ref>.</p></sidenote> <heading>REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Requirement of Provision of All Services by Date Certain</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State involved agrees—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 1501(a), including making available screening procedures for both breast and cervical cancers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>subject to subsection (b), to ensure that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of breast cancer, both a physical examination of the breasts and the screening procedure known as a mammography are conducted; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of cervical cancer, both a pelvic examination and the screening procedure known as a pap smear are conducted;</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/411">104 STAT. 411</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 1501(a) is provided; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Use of Improved Screening Procedures</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that, if any screening procedure superior to a procedure described in subsection (a)(2) becomes commonly available and is recommended for use, any entity providing screening procedures pursuant to the grant will utilize the superior procedure rather than the procedure described in such subsection.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Quality Assurance Regarding Screening for Breast Cancer</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will assure the quality of any screening procedure for breast cancer conducted pursuant to such section and, in the case of mammography, will provide that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the equipment used to perform the mammography will be specifically designed for mammography and will meet appropriate radiologic standards for mammography;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>the mammography will be performed by an individual who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is licensed by a State to perform radiological procedures; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is certified as qualified to perform radiological procedures by an appropriate organization;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>the results of the mammography will be interpreted by a physician who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is certified as qualified to interpret radiological procedures by an appropriate board; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is certified as qualified to interpret screening mammography procedures by an appropriate program for assuring the qualifications of the individual with respect to such interpretations; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>with respect to the first screening mammography per-formed on a woman for which payment is made pursuant to section 1501(a), there are satisfactory assurances that the results of the mammography will be placed in permanent medical records maintained with respect to the woman.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Quality Assurance Regarding Screening for Cervical Cancer</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will assure the quality of any screening procedure for cervical cancer conducted pursuant to such section and, in the case of the pap smear (or other cytological screening procedure replacing the pap smear pursuant to subsection (b)), will provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the maximum number of cytology slides that any individual may screen in a 24-hour period;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>requirements that a clinical laboratory maintain a record<sidenote><p class="indent0 firstIndent0 fontsize8">Records.</p></sidenote> of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the number of cytology slides screened during each 24-hour period by each individual who examines cytology slides for the laboratory; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the number of hours devoted during each 24-hour period to screening cytology slides by such individual;</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/412">104 STAT. 412</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>criteria for requiring rescreening of cytological preparations, such as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>random rescreening of cytology specimens determined to be in the benign category;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>focused rescreening of such preparations in high risk groups; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for each abnormal cytological result, rescreening of all prior cytological specimens for the patient, if available;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>periodic confirmation and evaluation of the proficiency of individuals involved in screening or interpreting cytological preparations, including announced and unannounced on-site proficiency testing of such individuals, with such testing to take place, to the extent practicable, under normal working conditions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>procedures for detecting inadequately prepared slides, for assuring that no cytological diagnosis is rendered on such slides, and for notifying referring physicians of such slides;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>requirements that all cytological screening be done on the premises of an appropriately qualified laboratory;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>requirements for the retention of cytology slides by lab-oratories for appropriate periods of time; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>requirements of periodic inspection of cytology services by persons capable of evaluating the quality of cytology services.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Issuance by Secretary of Guidelines With Respect to Quality of Mammography and Cytological Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content>The Secretary shall establish guidelines for assuring the quality of any mammography and cytological screening procedure conducted pursuant to section 1501(a). Such guidelines with respect to mammography shall include the provisions of paragraphs (1) through (4) of subsection (c), and such guidelines with respect to cytological screening procedures shall include the provisions of paragraphs (1) through (8) of subsection (d).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Applicability with respect to grants</inline>.—</heading><content>The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will, with respect to any mammography or cytological screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Responsibility of states in absence of guidelines</inline>.—</heading><content>With respect to circumstances in which a State receives a grant under section 1501 before the issuance of guidelines under paragraph (1), this subsection may not be construed to affect in such circumstances the obligation of the State pursuant to subsection (a)(1) to provide for screening procedures and referrals or the obligations under subsections (c) and (d) with respect to providing for quality in the screening procedures.</content> </paragraph> </subsection> </section> <section> <num value="1504">“SEC. 1504. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n">42 USC 300n</ref>.</p></sidenote> <heading>ADDITIONAL REQUIRED AGREEMENTS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Priority for Low-Income Women</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that low-income women will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 1501(a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Limitation on Imposition of Fees for Services</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State <page identifier="/us/stat/104/413">104 STAT. 413</page>involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>will be made according to a schedule of charges that is made available to the public;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>will be adjusted to reflect the income of the woman involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>will not be imposed on any woman with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Statewide Provision of Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Waiver</inline>.—</heading> <content>The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 1501(a).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Relationship to Items and Services Under Other Programs</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>by an entity that provides health services on a prepaid basis.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Coordination With Other Breast and Cervical Cancer Programs</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that the services and activities funded through the grant shall be coordinated with other Federal, State, and local breast and cervical cancer programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <heading><inline class="smallCaps">Limitation on Administrative Expenses</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <heading><inline class="smallCaps">Restrictions on Use of Grant</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services for any individual.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <heading><inline class="smallCaps">Records and Audits</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 1501 unless the State involved agrees that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State under such section; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures by the State of the grant.</content> </paragraph> </subsection> <page identifier="/us/stat/104/414">104 STAT. 414</page> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading><inline class="smallCaps">Reports to Secretary</inline>.—</heading> <content>The Secretary may not make a grant under section 1501 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant.</content> </subsection> </section> <section> <num value="1505">“SEC. 1505. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n–1">42 USC 300n–1</ref>.</p></sidenote> <heading>DESCRIPTION OF INTENDED USES OF GRANT.</heading> <chapeau>“The Secretary may not make a grant under section 1501 unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 1501(a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprivate entities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the description provides assurances that the grant funds be used in the most cost-effective manner.</content> </paragraph> </section> <section> <num value="1506">“SEC. 1506. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n–2">42 USC 300n–2</ref>.</p></sidenote> <heading>REQUIREMENT OF SUBMISSION OF APPLICATION.</heading> <content>“The Secretary may not make a grant under section 1501 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 1505, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title.</content> </section> <section> <num value="1507">“SEC. 1507. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n–3">42 USC 300n–3</ref>.</p></sidenote> <heading>TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Technical Assistance</inline>.—</heading> <content>The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 1501. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Provision of Supplies and Services in Lieu of Grant Funds</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading> <content>Upon the request of a State receiving a grant under section 1501, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Corresponding reduction in payments</inline>.—</heading><content>With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 1501 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/415">104 STAT. 415</page> <section> <num value="1508">“SEC. 1508. </num> <heading>EVALUATIONS AND REPORTS.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n–4">42 USC 300n–4</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Evaluations</inline>.—</heading> <content>The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 1501.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>The Secretary shall, not later than 1 year after the date on which amounts are first appropriated pursuant to section 1509(a), and annually thereafter, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate.</content> </subsection> </section> <section> <num value="1509">“SEC. 1509. </num> <heading>FUNDING.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300n–5">42 USC 300n–5</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>For the purpose of carrying out this title, there are authorized to be appropriated $50,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Set-Aside for Technical Assistance and Provision of Sup-plies and Services</inline>.—</heading> <content>Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 20 percent for carrying out section 1507.”.</content> </subsection> </section>
Approved August 10, 1990.
LEGISLATIVE HISTORY—H.R. 4790 (S. 2283): HOUSE REPORTS: No. 101–543 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101–380 accompanying S. 2283 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed House.

Aug. 3, considered and passed Senate, amended. House concurred in Senate amendment.

 Public Law 101–355: Designating September 21, 1990, as “National POW/MIA Recognition Day”, and recognizing the National League of Families POW/MIA flag. Public Law 355 Public Law 101–355 104 Stat. 416 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 416 Public Law 101–355 101st Congress
Joint Resolution Designating September 21, 1990, as “National POW/MIA Recognition Day”, and recognizing the National League of Families POW/MIA flag.

Aug. 10, 1990

[H.J. Res. 467]

 Whereas the United States has fought in many wars; Whereas thousands of Americans who served in those wars were captured by the enemy or listed as missing in action; Whereas many American prisoners of war were subjected to brutal and inhuman treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war, and many such prisoners of war died from such treatment; Whereas many of these Americans are still missing and unaccounted for, and the uncertainty surrounding their fates has caused their families to suffer acute hardship; and Whereas the sacrifices of Americans still missing and unaccounted for and their families are deserving of national recognition and support for continued priority efforts to determine the fate of those missing Americans: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF NATIONAL POW/MIA RECOGNITION DAY. September 21, 1990, is hereby designated as “National POW/MIA Recognition Day”. The President is authorized and requested to issue a proclamation calling upon the people of the United States to recognize that day with appropriate ceremonies and activities.
SEC. 2.

36 USC 189.

 RECOGNITION OF NATIONAL LEAGUE OF FAMILIES POW/MIA FLAG. The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation’s concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.
Approved August 10, 1990.
LEGISLATIVE HISTORY—H.J. Res. 467 (S.J. Res. 327): CONGRESSIONAL RECORD, Vol. 136 (1990):

May 24, considered and passed House.

Aug. 2, considered and passed Senate.

 Public Law 101–356: To amend the Wild and Scenic Rivers Act of 1968 by designating a segment of the Merrimack River in the State of New Hampshire for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. Public Law 356 Public Law 101–356 104 Stat. 417 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 417 Public Law 101–356 101st Congress
An Act To amend the Wild and Scenic Rivers Act of 1968 by designating a segment of the Merrimack River in the State of New Hampshire for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes.

Aug. 10, 1990

[S. 1046]

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

Merrimack River Study Act of 1990.

16 USC 1271 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Merrimack River Study Act of 1990”.
SEC. 2. STUDY RIVER DESIGNATION. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), as amended, is further amended by adding the following new paragraph: “(106) Merrimack River, New Hampshire.— The segment from its origin at the confluence of the Pemigewasset and Winnipesaukee Rivers in Franklin, New Hampshire, to the backwater impoundment at Hooksett Dam, excluding the Garvins Falls Dam and its impoundment.”.
SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)), as amended, is further amended by adding the following new paragraph: “(8) The study of the Merrimack River, New Hampshire, shall be completed and the report thereon submitted not later than three years after the date of enactment of this paragraph.”.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S. 1046: HOUSE REPORTS: No. 101–640 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–233 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Jan. 24, considered and passed Senate.

July 30, considered and passed House.

 Public Law 101–357: To amend the Wild and Scenic Rivers Act of 1968 by designating segments of the Pemigewasset River in the State of New Hampshire for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. Public Law 357 Public Law 101–357 104 Stat. 418 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 418 Public Law 101–357 101st Congress
An Act To amend the Wild and Scenic Rivers Act of 1968 by designating segments of the Pemigewasset River in the State of New Hampshire for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes.

Aug. 10, 1990

[S. 1524]

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

Pemigewasset River Study Act of 1989.

16 USC 1271 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Pemigewasset River Study Act of 1989”.
SEC. 2. STUDY RIVER DESIGNATION. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) as amended, is further amended by adding the following new paragraph at the end thereof: “(107) Pemigewasset, New Hampshire.— The segments from Profile Lake downstream to the southern boundary of the Franconia Notch State Park and from the northern Thornton town-line down-stream to the backwater of the Ayers Island Dam; by the Secretary of the Interior.”.
SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)), as amended, is further amended by adding the following new paragraph: “(9) The study of the Pemigewasset River, New Hampshire, shall be completed and the report thereon submitted not later than three years after the date of enactment of this paragraph.”.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S. 1524: HOUSE REPORTS: No. 101–639 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 20, considered and passed Senate.

Vol. 136 (1990): July 30, considered and passed House.

 Public Law 101–358: To authorize the Board of Regents of Gunston Hall to establish a memorial to George Mason in the District of Columbia. Public Law 358 Public Law 101–358 104 Stat. 419 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 419 Public Law 101–358 101st Congress
An Act To authorize the Board of Regents of Gunston Hall to establish a memorial to George Mason in the District of Columbia.

Aug. 10, 1990

[S. 1543]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL.

Public buildings and grounds.

40 USC 1003 note.

 (a) In General.— The Board of Regents of Gunston Hall is authorized to establish a memorial on Federal land in the District of Columbia or its environs to honor George Mason. (b) Compliance With Standards for Commemorative Works.—The establishment of the memorial shall be in accordance with 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.).
SEC. 2. PAYMENT OF EXPENSES.

40 USC 1003 note.

 The United States shall not pay any expense of the establishment of the memorial.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S. 1543 (H.R. 3687): SENATE REPORTS No. 101–245 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 7, considered and passed Senate.

July 30, H.R. 3687 considered and passed House.

July 31, S. 1543 considered and passed House.

 Public Law 101–359 : To redesignate the Calamus Dam and Reservoir authorized under the Reclamation Project Authorization Act of 1972 as the Virginia Smith Dam and Calamus Lake Recreation Area. Public Law 359 Public Law 101–359 104 Stat. 420 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 420 Public Law 101–359 101st Congress
An Act To redesignate the Calamus Dam and Reservoir authorized under the Reclamation Project Authorization Act of 1972 as the Virginia Smith Dam and Calamus Lake Recreation Area.

Aug. 10, 1990

[S. 1875]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

43 USC 615dddd note.

 RENAMING OF DAM AND RESERVOIR. The Calamus Dam and Reservoir in the North Loup division of the Missouri River basin project shall be known and redesignated as the “Virginia Smith Dam and Calamus Lake Recreation Area”.
SEC. 2.

43 USC 615dddd note.

 LEGAL REFERENCES TO BUILDING. Any reference in any law, regulation, document, record, map, or other paper of the United States to the dam and reservoir referred to in section 1 is deemed to be a reference to the “Virginia Smith Dam and Calamus Lake Recreation Area”.
SEC. 3.

43 USC 615dddd note.

 EFFECTIVE DATE. The provisions of this Act shall be effective on January 3, 1991.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S. 1875: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 12, considered and passed Senate.

July 31, considered and passed House.

 Public Law 101–360: To amend the Energy Policy and Conservation Act to extend the authority for titles I and II. Public Law 360 Public Law 101–360 104 Stat. 421 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 421 Public Law 101–360 101st Congress
An Act To amend the Energy Policy and Conservation Act to extend the authority for titles I and II.

Aug. 10, 1990

[S. 2952]

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

Energy Policy and Conservation Act Short-Term Extension Amendment of 1990.

42 USC 6201 note.
SECTION 1. SHORT TITLE That this Act may be referred to as the “Energy Policy and Conservation Act Short-Term Extension Amendment of 1990”.
SEC. 2. EXTENSION OF AUTHORITY The Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.) is amended— (a) in section 104(b)(1) by striking out “August 15, 1990” and

50 USC app. 2071 note.

 inserting in lieu thereof “September 15,1990”; (b) in section 171, by striking out “August 15,1990” each place

42 USC 6251.

 it appears and inserting in lieu thereof “September 15, 1990”; and (c) in section 281, by striking out the term “August 15, 1990”

42 USC 6285.

 each place it appears and inserting in lieu thereof “September 15,1990”.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S. 2952: CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 2, considered and passed Senate.

Aug. 3, considered and passed House.

 Public Law 101–361: Designating August 7, 1990, as “National Neighborhood Crime Watch Day”. Public Law 361 Public Law 101–361 104 Stat. 422 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 422 Public Law 101–361 101st Congress
Joint Resolution Designating August 7, 1990, as “National Neighborhood Crime Watch Day”.

Aug. 10, 1990

[S.J. Res. 296]

 Whereas neighborhood crime is of continuing concern to the American people; Whereas the fight against neighborhood crime requires people to work together in cooperation with law enforcement officials; Whereas neighborhood crime watch organizations are effective at promoting awareness of, and participation of volunteers in, crime prevention activities at the local level; Whereas neighborhood crime watch groups can contribute to the national war on drugs by helping to prevent their communities from becoming markets for drug dealers; Whereas citizens across the United States will soon take part in a “National Night Out”, a unique crime prevention event which will demonstrate the importance and effectiveness of community participation in crime prevention efforts by having people spend the period from 8 to 10 o’clock p.m. on August 7, 1990, with their neighbors in front of their homes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That August 7, 1990, is designated as “National Neighborhood Crime Watch Day”, and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe National Neighborhood Crime Watch Day with appropriate programs, ceremonies, and activities.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S.J. Res. 296: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Aug. 3, considered and passed House.

 Public Law 101–362: To designate August 13 through August 19, 1990, as “Home Health Aide Week”. Public Law 362 Public Law 101–362 104 Stat. 423 1990-08-10 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 2025-06-19 101 2 public 104 STAT. 423 Public Law 101–362 101st Congress
Joint Resolution To designate August 13 through August 19, 1990, as “Home Health Aide Week”.

Aug. 10, 1990

[S.J. Res. 343]

 Whereas a home health aide is a person who is a member of a multi-disciplinary team which provides health care for patients in a home environment; Whereas the personal care and health-related services provided by a home health aide are a vital part of the services provided by home care companies and hospices and help to maintain a patient’s physical and emotional well-being; Whereas a home health aide is responsible for assisting members of a health-care team in following a pragmatic, goal-oriented plan of patient care; Whereas the duties performed by a home health aide include assisting patients in their daily living activities, providing them with a clean and safe environment, providing them with personal care rehabilitative and supportive services, and observing and reporting to other members of the health-care team significant changes in the status of the patient; and Whereas by providing such important health-care services, a home health aide has a significant beneficial impact on the lives of the patients served by the aide: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of August 13 through August 19, 1990, is designated as “Home Health Aide Week”, and the President is requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate programs, ceremonies, and activities.
Approved August 10, 1990.
LEGISLATIVE HISTORY—S.J. Res. 343: CONGRESSIONAL RECORD, Vol. 136 (1990):

July 12, considered and passed Senate.

Aug. 3, considered and passed House.

 Public Law 101–363: To establish the National Advisory Council on the Public Service. Public Law 363 Public Law 101–363 104 Stat. 424 1990-08-14 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 2025-06-19 101 2 public 104 STAT. 424 Public Law 101–363 101st Congress
An Act To establish the National Advisory Council on the Public Service.

Aug. 14, 1990

[H.R. 4872]

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

National Advisory Council on the Public Service Act of 1990.

5 USC 3301 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “National Advisory Council on the Public Service Act of 1990”.
SEC. 2.

5 USC 3301 note.

 FINDINGS. The Congress finds that— (1) recognition of the services rendered by Federal employees (hereinafter in this Act referred to as “national public service”) should be accorded a high and continuing place on the national agenda; (2) the National Commission on the Public Service, through its good works, has documented the need for greater advocacy on behalf of those performing national public service; (3) although public service is an honorable profession, members of the public do not always perceive it favorably; (4) serious obstacles often hinder the Government’s efforts to recruit and retain the best and the brightest for national public service; (5) just as the public has a right to expect Federal employees to adhere to the highest standards of excellence and ethicality, so Federal employees have a right to expect an atmosphere of trust and respect, and a sense of accomplishment from their work; and (6) an advisory council is needed to provide the President and the Congress with bipartisan, objective assessments of, and recommendations concerning, the Federal workforce.
SEC. 3.

5 USC 3301 note.

 ESTABLISHMENT. There shall be established a council to be known as the National Advisory Council on the Public Service (hereinafter in this Act referred to as the “Council”).
SEC. 4.

5 USC 3301 note.

 FUNCTIONS. The Council shall— (1) regularly assess the state of the Federal workforce; (2) in conjunction with the President, the Congress, and the Judiciary, seek to attract individuals of the highest caliber to careers involving national public service, and encourage them and others of similar distinction who are already part of the Federal workforce to make a continuing commitment to national public service; (3) promote better public understanding of the role of Federal employees in implementing Government programs and policies, 104 STAT. 425and otherwise seek to improve the public perception of Federal employees; (4) encourage efforts to build student interest in performing national public service (whether those efforts are undertaken at the community level, in the classroom, or otherwise); and (5) develop methods for improving motivation and excellence among Federal employees.
SEC. 5. MEMBERSHIP.

5 USC 3301 note.

 (a) Number and Appointment.— The Council shall be composed of 15 members as follows: (1) 2 Members of the Senate, 1 of whom shall be appointed by the majority leader of the Senate and the other of whom shall be appointed by the minority leader of the Senate. (2) 2 Members of the House of Representatives, 1 of whom shall be appointed by the Speaker of the House of Representatives and the other of whom shall be appointed by the minority leader of the House of Representatives. (3) The Director of the Administrative Office of the United States Courts (or his delegate). (4) 10 individuals appointed by the President—

President of U.S.

 (A) 4 of whom shall be chosen from among officers serving in the executive branch; (B) 1 of whom shall be chosen from among career employees in the civil service; (C) 1 of whom shall be a Federal employee who is a member of a labor organization (as defined by section 7103(a)(4) of title 5, United States Code); and (D) 4 of whom shall be chosen from among members of the public who do not hold any Government office or position. (b) Continuation of Membership.— If any member of the Council whose appointment is based on that individual’s holding a Government office or position leaves such office or position, or if any member of the Council under subsection (a)(4)(D) is appointed or elected to a Government office or position, that individual may continue to serve as such a member for not longer than the 90-day period beginning on the date of leaving that office or position, or entering into that office or position, as the case may be. (c) Terms.— Members of the Council shall be appointed for the life of the Council. (d) Vacancies.— A vacancy in the Council shall be filled in the manner in which the original appointment was made. (e) Compensation.— (1) Members of the Council shall not be entitled to pay (or, in the case of members holding any Government office or position, pay in addition to any to which they are otherwise entitled for service in such office or position) by virtue of membership on the Council. (2) While serving away from their homes or regular places of business in the performance of duties for the Council, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in Government service. (f) Quorum.— Eight members of the Council shall constitute a quorum. 104 STAT. 426 (g)

President of U.S.

 Chairman.— The Chairman of the Council shall be designated by the President from among the members appointed under subsection (a)(4)(D). (h) Meetings.— The Council shall meet at the call of the Chair-man or a majority of its members, and shall meet on at least a quarterly basis.
SEC. 6.

5 USC 3301 note.

 DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.— With the approval of the Council, the Chairman may appoint a Director and fix the pay of such Director at a rate not to exceed the rate for level IV of the Executive Schedule. The Director shall be a person who, by reason of demonstrated ability in the area of management, government, or public administration, is especially well qualified to serve. (b) Staff.— With the approval of the Chairman, the Director may appoint and fix the pay of such personnel as may be necessary to carry out the functions of the Council. The staff of the Council 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. (c) Experts and Consultants.— The Council may procure temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum rate payable under the General Schedule. (d) Staff of Federal Agencies.— Upon the request of the Chairman, the head of a Federal agency may detail, on a reimbursable or non reimbursable basis, any personnel of such agency to the Council to assist the Council in carrying out its functions under this Act.
SEC. 7.

5 USC 3301 note.

 POWERS. (a) Mails.— The Council may use the United States mails in the same manner and under the same conditions as other Federal agencies. (b) Administrative Support Services.— The Administrator of General Services shall provide to the Council, on a reimbursable basis, such administrative support services as the Council may request. (c) Official Data.— The Council may secure directly from any Federal agency information necessary to carry out its functions under this Act. Each such agency is authorized and directed to furnish, to the extent permitted by law, any information requested by the Council. (d) Gifts.— The Council— (1) may accept money and other property donated, bequeathed, or devised to the Council without condition or restriction (other than that it be used to carry out the work of the Council); and (2) may use, sell, or otherwise dispose of any such property to carry out its functions under this Act, except that, upon the termination of the Council, any such property shall be disposed of in accordance with applicable provisions of law governing the disposal of Federal property.
104 STAT. 427
SEC. 8. REPORTS.

5 USC 3301 note.

 The Council shall transmit to the President and each House of the Congress— (1) within 1 and 2 years, respectively, after the date on which the Council first meets, reports containing its preliminary findings and recommendations; and (2) within 3 years after the date on which the Council first meets, a final report containing a detailed statement of the findings and conclusions of the Council, together with its recommendations for such legislation or administrative actions as it considers appropriate.
SEC. 9. COMMENCEMENT; TERMINATION.

5 USC 3301 note.

 (a) Commencement.— Appointments under section 5 shall be made, and the Council shall first meet, within 90 days after the date of the enactment of this Act. (b) Termination.— The Council shall cease to exist upon transmitting its final report under section 8(2).
SEC. 10. AUTHORIZATION. There is authorized to be appropriated such sums as may be necessary to carry out this Act.
Approved August 14, 1990.
LEGISLATIVE HISTORY—H.R. 4872: HOUSE REPORTS: No. 101–551 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 25, considered and passed House.

July 27, considered and passed Senate.

 Public Law 101–364: To amend the Wild and Scenic Rivers Act to study the eligibility of the St. Marys River in the States of Florida and Georgia for potential addition to the wild and scenic rivers system. Public Law 364 Public Law 101–364 104 Stat. 428 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 428 Public Law 101–364 101st Congress
An Act To amend the Wild and Scenic Rivers Act to study the eligibility of the St. Marys River in the States of Florida and Georgia for potential addition to the wild and scenic rivers system.

Aug. 15, 1990

[H.R. 76]

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

Conservation.
SECTION 1. ST. MARYS RIVER STUDY (a) Study.— Section 5(a) of the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1276(a)), is further amended by adding the following new paragraph at the end thereof: “(106) St. Marys River, Florida and Georgia.— The segment from its headwaters to its confluence with the Bells River.”. (b) Completion Date.— Section 5(b) of the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1276(b)), is further amended by adding the following new paragraph at the end thereof: “(8) The study of the river named in paragraph (106) of subsection (a) shall be completed not later than three years after the date of enactment of this paragraph. In carrying out the study, the Secretary of the Interior shall consult with the Governors of the States of Florida and Georgia or their representatives, representatives of affected local governments, and owners of land adjacent to the river. Such consultation shall include participation in the assessment of resource values and the development of alternatives for the protection of those resource values, and shall be carried out through public meetings and media notification. The study shall also include a recommendation on the part of the Secretary as to the role the States, local governments and landowners should play in the management of the river if it were designated as a component of the National Wild and Scenic Rivers System.”.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 76: HOUSE REPORTS: No. 101–284 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–311 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 16, considered and passed House.

Vol. 136 (1990): June 14, considered and passed Senate, amended.

Aug. 1, House concurred in Senate amendment.

 Public Law 101–365: To amend the National Trails System Act by designating the Juan Bautista de Anza National Historic Trail, and for other purposes. Public Law 365 Public Law 101–365 104 Stat. 429 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 429 Public Law 101–365 101st Congress
An Act To amend the National Trails System Act by designating the Juan Bautista de Anza National Historic Trail, and for other purposes.

Aug. 15, 1990

[H.R. 1159]

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

Juan Bautista de Anza National Historic Trail Act.

Mexico.

California.

Arizona.

16 USC 1241 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Juan Bautista de Anza National Historic Trail Act”.
SEC. 2. JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL. (a) Designation.— Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end thereof the following: “(17) The Juan Bautista de Anza National Historic Trail, a trail comprising the overland route traveled by Captain Juan Bautista de Anza of Spain during the years 1775 and 1776 from Sonora, Mexico, to the vicinity of San Francisco, California, of approximately 1,200 miles through Arizona and California, as generally described in the report of the Department of the Interior prepared pursuant to subsection (b) entitled ‘Juan Bautista de Anza National Trail Study, Feasibility Study and Environmental Assessment’ and dated August 1986. A map generally depicting the trail shall be on file and available for public inspection in the Office of the Director of the National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary of the Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Juan Bautista de Anza National Historic Trail without the consent of the owner thereof. In implementing this paragraph, the Secretary shall encourage volunteer trail groups to participate in the development and maintenance of the trail.”. (b) Authorization of Appropriations.— Section 10(c)(2) of the National Trails System Act (16 U.S.C. 1249(c)) is amended by striking the first sentence and inserting: “Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to implement the provisions of this Act relating to the trails designated by section 5(a).”.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 1159: HOUSE REPORTS: No. 101–412 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–290 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 6, considered and passed House.

May 22, considered and passed Senate, amended.

Aug. 1, House concurred in Senate amendment.

 Public Law 101–366: To amend title 38, United States Code, to establish a system of competitive pay for nurses employed by the Department of Veterans Affairs, to authorize the Secretary of Veterans Affairs to make such system applicable to certain other health-care personnel, to make certain improvements in veterans’ health and education programs, and for other purposes. Public Law 366 Public Law 101–366 104 Stat. 430 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 430 Public Law 101–366 101st Congress
An Act To amend title 38, United States Code, to establish a system of competitive pay for nurses employed by the Department of Veterans Affairs, to authorize the Secretary of Veterans Affairs to make such system applicable to certain other health-care personnel, to make certain improvements in veterans’ health and education programs, and for other purposes.

Aug. 15, 1990

[H.R. 1199]

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

Department of Veterans Affairs Nurse Pay Act of 1990.

Government organization and employees.

38 USC 101 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Department of Veterans Affairs Nurse Pay Act of 1990”.
<num value="I">TITLE I—</num> <heading>PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL</heading> <section> <num value="101">SEC. 101. </num> <heading>RESTRUCTURING OF NURSE GRADE LEVELS AND PAY.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s4107">38 USC 4107 note</ref>.</p></sidenote> <heading><inline class="smallCaps">New Grades Established</inline>.—</heading> <content>The Secretary of Veterans Affairs shall provide four grade levels for nurses employed by the Department of Veterans Affairs under section 4104(1) of title 38, United States Code, with relation to current nurse grades, as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="ext-align:center; vertical-align:bottom">New grades</th> <th style="text-align:center; vertical-align:bottom">Current nurse grades</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">1. Entry grade</td> <td style="text-align:left; vertical-align:bottom" leaders="yes">Junior and associate grades</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">2. Intermediate grade</td> <td style="text-align:left; vertical-align:bottom" leaders="yes">Full and intermediate grades</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">3. Senior grade</td> <td style="text-align:left; vertical-align:bottom" leaders="yes">Senior and chief grades</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">4. Director grade</td> <td style="text-align:left; vertical-align:bottom" leaders="yes">Assistant director and director grades</td> </tr> </tbody> </table> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s4107">38 USC 4107 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Current Nurse Grades Defined</inline>.—</heading> <content>For purposes of subsection (a), the term “current nurse grades” means the grades in effect on the day before the effective date of this Act for nurses employed by the Department of Veterans Affairs under section 4104(1) of title 38, United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Conforming Amendment</inline>.—</heading> <content>Section 4107(b) of title 38, United States Code, is amended by striking out the items under the heading “<quotedText><inline class="smallCaps">nurse schedule</inline></quotedText>” and inserting in lieu thereof the following:<quotedContent> <p class="indent0 fontsize10">“Entry grade.</p> <p class="indent0 fontsize10">“Intermediate grade.</p> <p class="indent0 fontsize10">“Senior grade.</p> <p class="indent0 fontsize10">“Director grade.”.</p> </quotedContent> </content> </subsection> </section> <section> <num value="102">SEC. 102. </num> <heading>RATES OF PAY AND ADMINISTRATION OF PAY FOR NEW NURSE GRADES AND CERTAIN OTHER HEALTH-CARE PERSONNEL.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Clarification</inline>.—</heading> <content>Section 4104(1) of title 38, United States Code, is amended by inserting “<quotedText>registered</quotedText>” before “<quotedText>nurses</quotedText>”.</content> </subsection> <page identifier="/us/stat/104/431">104 STAT. 431</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Pay Administration</inline>.—</heading> <content>Chapter 73 of such title is amended by inserting after subchapter III the following new subchapter:<quotedContent> <subchapter> <num value="IV">“SUBCHAPTER IV—</num> <heading>PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL</heading> <section> <num value="4141">“§ 4141. </num> <heading>Nurses and other health-care personnel: competitive pay</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>It is the purpose of this section to ensure, by a means providing increased responsibility and authority to directors of Department health-care facilities, that the rates of basic pay for health-care personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of personnel employed in such positions on a part-time basis) are sufficient for that facility to be competitive, on the basis of pay and other employee benefits, with non-Department health-care facilities in the same labor-market area in the recruitment and retention of qualified personnel for those positions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The health-care personnel positions referred to in paragraph (1) (hereinafter in this section referred to as ‘covered positions’) are the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>Registered nurse.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Such positions referred to in clauses (1) and (3) of section 4104 of this title (other than the positions of physician, dentist, and registered nurse) as the Secretary may determine upon the recommendation of the Chief Medical Director.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The rates of basic pay for covered positions in the Department shall be established and adjusted in accordance with this section instead of subsection (b)(l) of section 4107 of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Secretary, after receiving the recommendation of the<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> Chief Medical Director, shall prescribe regulations setting forth criteria and procedures to carry out this section and section 4142 of this title. Requirements in such regulations for directors to provide and maintain documentation of actions taken under this section shall require no more documentation than the minimum essential for responsible administration.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The Secretary shall maintain the four grade levels for nurses employed by the Department under section 4104(1) of this title as specified in the Nurse Schedule in section 4107(b) of this title. The Secretary shall, pursuant to regulations prescribed to carry out this subchapter, establish grades for other covered positions as the Secretary considers appropriate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>For each grade in a covered position, there shall be a range of basic pay. The maximum rate of basic pay for a grade shall be 133 percent of the minimum rate of basic pay for the grade, except that, if the Secretary determines that a higher maximum rate is necessary with respect to any such grade in order to recruit and retain a sufficient number of high-quality healthcare personnel, the Secretary may raise the maximum rate of basic pay for that grade to a rate not in excess of 175 percent of the minimum rate of basic pay for the grade. Whenever the Secretary exercises the authority under the preceding sentence to establish the maximum rate of basic pay at a rate in excess of 133 percent of the minimum rate for that grade, the Secretary shall, in the next annual report required by subsection (g), provide justification for doing so to the Committees on Veterans’ Affairs of the Senate and House of Representatives.</content> </paragraph> <page identifier="/us/stat/104/432">104 STAT. 432</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The maximum rate of basic pay for any grade for a covered position may not exceed the maximum rate of basic pay established for positions in level V of the Executive Schedule under section 5316 of title 5.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The range of basic pay for each such grade shall be divided into equal increments, known as ‘steps’. The Secretary shall prescribe the number of steps. Each grade in a covered position shall have the same number of steps. Rates of pay within a grade may not be established at rates other than whole steps. Any increase (other than an adjustment under subsection (d)) within a grade in the rate of basic pay payable to an employee in a covered position shall be by one or more of such step increments.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The rates of basic pay for each grade in a covered position shall be adjusted periodically in accordance with this subsection in order to achieve the purposes of this section. Such adjustments shall be made—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>whenever there is an adjustment under section 5305 of title 5 in the rates of pay under the General Schedule, with the adjustment under this subsection to have the same effective date as the adjustment in the rates of basic pay under the General Schedule; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>at such additional times as the director of a Department healthcare facility, with respect to employees in that grade at that facility, determines.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>An adjustment in rates of basic pay under this subsection for a grade shall be carried out by adjusting the amount of the mini-mum rate of basic pay for that grade in accordance with paragraph (3) and then adjusting the other rates for that grade to conform to the requirements of subsection (c). Such an adjustment in the minimum rate of basic pay for a grade shall be made by the director of a Department health-care facility so as to achieve consistency with the beginning rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics (BLS) labor-market area of that facility.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="1">(A) </num> <content>In the case of a Department health-care facility located in an area for which there is current information, based upon an industry-wage survey by the Bureau of Labor Statistics for that labor market, on beginning rates of compensation for corresponding health-care professionals for the BLS labor market area of that facility, the director of the facility concerned shall use that information as the basis for making adjustments in rates of pay under this subsection. Whenever the Bureau of Labor Statistics releases the results of a new industry-wage survey for that labor market that includes information on beginning rates of compensation for cor-responding health-care professionals, the director of that facility shall determine, not later than 30 days after the results of the survey are released, whether an adjustment in rates of pay for employees at that facility for any covered position is necessary in order to meet the purposes of this section. If the director determines that such an adjustment is necessary, the adjustment, based upon the information determined in the survey, shall take effect on the first day of the first pay period beginning after that determination.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In the case of a Department health-care facility located in an area for which the Bureau of Labor Statistics does not have current information on beginning rates of compensation for corresponding health-care professionals for the labor-market area of that facility for any covered position, the director of that facility shall conduct a <page identifier="/us/stat/104/433">104 STAT. 433</page>survey in accordance with this subparagraph and shall adjust the amount of the minimum rate of basic pay for grades in that covered position at that facility based upon that survey. Any such survey shall be conducted in accordance with regulations prescribed by the Secretary. Those regulations shall be developed in consultation with the Secretary of Labor in order to ensure that the director of a facility collects information that is valid and reliable and is consistent with standards of the Bureau. The survey <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>should be conducted using methodology comparable to that used by the Bureau in making industry-wage surveys except to the extent determined infeasible by the Secretary. Upon conducting a survey under this subparagraph, the director concerned shall determine, not later than 30 days after the date on which the collection of information through the survey is completed, whether an adjustment in rates of pay for employees at that facility for any covered position is necessary in order to meet the purposes of this section. If the director determines that such an adjustment is necessary, the adjustment, based upon the information determined in the survey, shall take effect on the first day of the first pay period beginning after that determination.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The director of a facility may not adjust rates of basic pay under this subsection for any pay grade so that the minimum rate of basic pay for that grade is greater than the beginning rates of compensation for corresponding positions at non-Department health-care facilities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>If the director of a Department health-care facility determines, after any survey under paragraph (3)(B) or at any other time that an adjustment in rates of pay is scheduled to take place under this subsection, that it is not necessary to adjust the rates of basic pay for employees in a grade of a covered position at that facility in order to carry out the purpose of this section, such an adjustment for employees at that facility in that grade shall not be made. When-ever a director makes such a determination, the director shall within 10 days notify the Chief Medical Director of the decision and the reasons for the decision.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Information collected by the Department in surveys conducted under this subsection is not subject to disclosure under section 552 of title 5.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau>In this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>The term ‘beginning rate of compensation’, with respect to health-care personnel positions in non-Department health-care facilities corresponding to a grade of a covered position, means the sum of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the minimum rate of pay established for personnel in such positions who have education, training, and experience equivalent or similar to the education, training, and experience required for health-care personnel employed in the same category of Department covered positions; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other employee benefits for those positions to the extent that those benefits are reasonably quantifiable.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The term ‘corresponding’, with respect to health-care personnel positions in non-Department health-care facilities, means those positions for which the education, training, and experience requirements are equivalent or similar to the education, training, and experience requirements for health-care personnel positions in Department health-care facilities.</content> </subparagraph> </paragraph> </subsection> <page identifier="/us/stat/104/434">104 STAT. 434</page> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>Adjustments in rates of basic pay under subsection (d) may increase or reduce the rates of basic pay applicable to any grade of a covered position. In the case of such an adjustment that reduces the rates of pay for a grade, an employee serving at a Department health-care facility on the day before the effective date of that adjustment in a position affected by the adjustment may not (by reason of that adjustment) incur a reduction in the rate of basic pay applicable to that employee so long as the employee continues to serve in that covered position at that facility. If such an employee is subsequently promoted to a higher grade, or advanced to a higher step within the employee’s grade, for which the rate of pay as so adjusted is lower than the employee’s rate of basic pay on the day before the effective date of the promotion, the employee shall continue to be paid at a rate of basic pay not less than the rate of basic pay applicable to the employee before the promotion so long as the employee continues to serve in that covered position at that facility.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports</p></sidenote> <content>Not later than February 1 of 1991, 1992, and 1993, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding any pay adjustments under the authority of subsection (d)(1)(A) effective during the 12 months preceding the submission of the report. Each such report shall set forth, by health-care facility, the percentage of such increases and, in any case in which no increase was made, the basis for not providing an increase.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <chapeau>Not later than December 1 of 1991, 1992, and 1993, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the exercise of the authorities provided in this section for the preceding fiscal year. Each such report shall include the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>A review of the use of the authorities provided in this section (including the Secretary’s and Chief Medical Director’s actions, findings, recommendations, and other activities under this section) during the preceding fiscal year, including an assessment of the effects of the exercise of such authorities on the ability of the Department to recruit and retain qualified health-care professionals for covered positions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The plans for the use of the authorities provided in this subchapter for the next fiscal year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>A description of the rates of basic pay in effect during the preceding fiscal year, with a comparison to the rates in effect during the previous fiscal year, shown by facility and by covered position.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The numbers of employees in covered positions (shown separately for registered nurses and for each other covered position) who during the preceding fiscal year (A) left employment with the Department, (B) left employment at one Department medical facility for employment at another Department medical facility, or (C) changed from full-time status to part-time status (and from part-time status to full-time status), and a summary of the reasons therefor.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The number of vacancies in covered positions in the Administration and a summary of the reasons that those positions are vacant.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The number of employees who during the preceding fiscal year left employment at a health-care facility in one Bureau of Labor Statistics labor-market area for employment at a health-<page identifier="/us/stat/104/435">104 STAT. 435</page>care facility in another such labor-market area, without changing residence.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Justification for setting the maximum rate of basic pay for any grade at a rate in excess of 133 percent of the minimum rate of basic pay for that grade.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>The discussion required by section 4142(b)(2) of this title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content>For the purposes of this section, the term ‘health-care facility’ means a medical center, an independent outpatient clinic, or an independent domiciliary facility.</content> </subsection> </section> <section> <num value="4142">“§4142. </num> <heading>Nurses and other health-care personnel: administration of pay</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Regulations prescribed under section 4141(a) of this title shall provide that whenever an employee in a covered position is given a new duty assignment which is a promotion, the rate of basic pay of that employee shall be increased at least one step increment in that employee’s grade.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>A nurse serving in a head nurse position shall while so serving receive basic pay at a rate two step increments above the rate that would otherwise be applicable to the nurse. If such a nurse is in the highest or next-to-highest step for that nurse’s grade, the preceding sentence shall be applied by extrapolation to create additional steps only for the purposes of this paragraph. The limitation in section 4141(c)(1) of this title shall not apply with respect to increased basic pay under this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>An employee in a covered position who is promoted to the next higher grade shall be appointed in that grade at a step having a rate of basic pay that is greater than the rate of basic pay applicable to the employee in a covered position on the day before the effective date of the promotion.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Under regulations which the Secretary prescribes for the administration of this section, the director of a Department health-care facility (A) shall pay a cash bonus (in an amount to be determined by the director not to exceed $2,000) to an employee in a covered position at that facility who becomes certified in a specialty recognized by the Department, and (B) may provide such a bonus to an employee in such a position who has demonstrated both exemplary job performance and exemplary job achievement. The authority of the Secretary under this subsection is in addition to any other authority of the Secretary to provide job performance incentives.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall include in the annual report under section 4141(g) of this title a discussion of the use during the period covered by the report of the payment of bonuses under this subsection and other job performance incentives available to the Secretary.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Secretary shall provide (in regulations prescribed for the administration of this section) that the director of a Department health-care facility, in making a new appointment of a person under section 4104(1) of this title as an employee in a covered position for employment at that facility, may make that appointment at a rate of pay described in paragraph (3) without being subject to a requirement for prior approval at any higher level of authority within the Department in any case in which the director determines that it is necessary to do so in order to obtain the services of employees in covered positions in cases in which vacancies exist at that health-care facility.</content> </paragraph> <page identifier="/us/stat/104/436">104 STAT. 436</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Such a determination may be made by the director of a health-care facility only in order to recruit employees in covered positions with specialized skills, especially employees with skills which are especially difficult or demanding.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>A rate of pay referred to in paragraph (1) is a rate of basic pay in excess of the minimum rate of basic pay applicable to the grade in which the appointment is made (but not in excess of the maximum rate of basic pay for that grade).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>Whenever the director of a health-care facility makes an appointment described in paragraph (1) without prior approval at a higher level of authority within the Department, the director shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>state in a document the reasons for employing the employee in a covered position at a rate of pay in excess of the minimum rate of basic pay applicable to the grade in which the employee is appointed (and retain that document on file); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the first budget documents submitted to the Secretary by the director after the employee is employed, include documentation for the need for such increased rates of basic pay described in clause (A).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Whenever the director of a health-care facility makes an appointment described in paragraph (1) on the basis of a determination described in paragraph (2), the covered employee appointed may continue to receive pay at a rate higher than that which would otherwise be applicable to that employee only so long as the employee continues to serve in a position requiring the specialized skills with respect to which the determination was made.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>Whenever the director of a health-care facility makes an appointment described in subsection (c)(1), the director may (without a regard to any requirement for prior approval at any higher level of authority within the Department) increase the rate of pay of other employees in the same covered position at that facility who are in the grade in which the appointment is made and are serving in a position requiring the specialized skills with respect to which the determination under subsection (c)(2) concerning the appointment was made. Any such increase shall continue in effect with respect to any employee only so long as the employee continues to serve in such a position.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>An employee in a covered position employed under section 4104(1) of this title who (without a break in employment) transfers from one Department health-care facility to another may not be reduced in grade or step within grade (except pursuant to a disciplinary action otherwise authorized by law) if the duties of the position to which the employee transfers are similar to the duties of the position from which the employee transferred. The rate of basic pay of such employee shall be established at the new health-care facility in a manner consistent with the practices at that facility for an employee of that grade and step.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content>In this section, the term ‘covered position’ has the meaning given that term in section 4141 of this title.”.</content> </subsection> </section> </subchapter> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps"> Conforming Amendments</inline>.—</heading> <content>Section 4107(e)(1) of such title is amended by striking out “<quotedText>in subsection (b)(1) of this section</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading><inline class="smallCaps"> Clerical Amendment</inline>.—</heading> <content>The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 4134 the following:<page identifier="/us/stat/104/437">104 STAT. 437</page> <quotedContent> <toc> <referenceItem role="subchapter"><designator>“SUBCHAPTER IV—</designator> <label>PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL</label></referenceItem> <referenceItem><designator>“4141.</designator> <label>Nurses and other health-care personnel: competitive pay.</label></referenceItem> <referenceItem><designator>“4142.</designator> <label>Nurses and other health-care personnel: administration of pay.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>REPEAL OF LIMITATION ON HOURLY RATE OF OVERTIME PAY.</heading> <content>Section 4107(e)(5) of title 38, United States Code, is amended by striking out “<quotedText>, not to exceed</quotedText>” in the first sentence and all that follows through “<quotedText>Nurse Schedule</quotedText>”.</content> </section> <section> <num value="104">SEC. 104. </num> <heading>EFFECTIVE DATE.</heading><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s4141">38 USC 4141 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Except as provided in subsection (b), section 101 and the amendments made by section 102 shall take effect on the date of enactment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The amendment made by section 103 shall take effect on April 1, 1991.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">New Pay Rates</inline>.—</heading> <content>The rates of basic pay established pursuant to section 4141 of title 38, United States Code, as added by section 102, shall take effect for covered positions (as defined in that section) with respect to the first pay period beginning on or after April 1, 1991.</content> </subsection> </section> <num value="II">TITLE II—</num> <heading>MISCELLANEOUS</heading> <section> <num value="201">SEC. 201. </num> <heading>PILOT PROGRAM ON PROVISION OF NONINSTITUTIONAL ALTER-NATIVES TO NURSING HOME CARE.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Authority To Provide for Noninstitutional Care</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:<quotedContent> <section> <num value="620C">“§ 620C. </num> <heading>Noninstitutional alternatives to nursing home care: pilot program</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <chapeau>During the four-year period beginning on October 1, 1990, the Secretary may conduct a pilot program for the furnishing of medical, rehabilitative, and health-related services in noninstitutional settings for veterans who are eligible under this chapter for, and are in need of, nursing home care and who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>are in receipt of, or are in need of, nursing home care primarily for the treatment of a service-connected disability; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>have a service-connected disability rated at 50 percent or more.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Under the pilot program conducted pursuant to subsection (a), the Secretary shall (A) furnish appropriate health-related services solely through contracts with appropriate public and private agencies that provide such services, and (B) designate Department health-care employees to furnish case management services to veteran furnished services under the program.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For the purposes of paragraph (1), the term ‘case management services’ includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly or through contract, including assessment of needs, planning, referral (including referral for services to be furnished by the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup.</content> </paragraph> </subsection> <page identifier="/us/stat/104/438">104 STAT. 438</page> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>The Secretary may provide in-kind assistance (through the services of Department of Veterans Affairs employees and the sharing of other Department resources) to a facility furnishing services to veterans under subsection (b)(1)(A). Any such in-kind assistance shall be provided under a contract between the Department and the facility concerned. The Secretary may provide such assistance only for use solely in the furnishing of appropriate services under this section and only if, under such contract, the Department receives reimbursement for the full cost of such assistance (including the cost of services and supplies and normal depreciation and amortization of equipment). Such reimbursement may be made by reduction in the charges to the United States or by payment to the United States. Any funds received through such reimbursement shall be credited to funds allotted to the Department facility that provided the assistance.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>The total cost of providing services or in-kind assistance in the case of any veteran for any fiscal year under the pilot program may not exceed 65 percent of the cost that would have been incurred by the Department during that fiscal year if the veteran had been furnished, instead, nursing home care under section 610 of this title during that fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>The authority of the Secretary to enter into contracts under this section shall be effective for any fiscal year only to the extent that appropriations are available.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 620B the following new item:<quotedContent> <toc> <referenceItem><designator>“620C.</designator> <label>Noninstitutional alternatives to nursing home care: pilot program.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/38/620C">38 USC 620C note</ref>.</p></sidenote> <heading><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than February 1, 1994, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report setting forth the Secretary’s evaluation, findings, and conclusions regarding the conduct, through September 30, 1993, of the pilot program required by section 620C of title 38, United States Code (as added by subsection (a)), and the results of the furnishing of care under such pilot program for the participating veterans. The report shall include a description of the conduct of the pilot program (including a description of the veterans furnished services and of the services furnished under the pilot program), and any plans for administrative action, and any recommendations for legislation, that the Secretary considers appropriate to include in the report.</content> </subsection> </section> <section> <num value="202">SEC. 202. </num> <heading>SHARING OF SPECIALIZED MEDICAL RESOURCES.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Expansion of Purpose</inline>.—</heading> <content>Section 5051 of title 38, United States Code, is amended by striking out “<quotedText>hospitals</quotedText>” both places it appears in the first sentence and inserting in lieu thereof “<quotedText>health-care facilities</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Expansion of Authority</inline>.—</heading> <chapeau>Section 5053 of such title is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>hospitals</quotedText>” the first place it appears and all that follows through “<quotedText>community</quotedText>” and inserting in lieu thereof “<quotedText>health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out the last sentence; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>in subsection (b)—</chapeau> <page identifier="/us/stat/104/439">104 STAT. 439</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the first sentence, by striking out “<quotedText>a charge</quotedText>” and all that follows and inserting in lieu thereof “<quotedText>a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the second sentence, by inserting before the period “<quotedText>and to funds that have been allotted to the facility that furnished the resource involved</quotedText>”.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="203">SEC. 203. </num> <heading>TEMPORARY APPOINTMENTS OF HEALTH-CARE PERSONNEL.</heading> <chapeau>Section 4114(a)(3) of title 38, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subparagraph (A), by striking out the penultimate sentence and inserting in lieu thereof the following: “<quotedText>Temporary full-time appointments of persons who have successfully completed a full course of nursing in a recognized school of nursing approved by the Secretary, or who have successfully completed a full course of training for any category of personnel described in paragraph (3) of section 4104 of this title in a recognized education or training institution approved by the Secretary, and who are pending registration or licensure in a State, or certification by a national board recognized by the Secretary, shall not exceed two years.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out subparagraph (C) and inserting in lieu thereof the following:<quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>A student who has a temporary appointment under this paragraph and who is pursuing a full course of nursing in a recognized school of nursing approved by the Secretary, or who is pursuing a full course of training for any category of personnel described in paragraph (3) of section 4104 of this title in a recognized education or training institution approved by the Secretary, may be reappointed for a period not to exceed the duration of the student’s academic program.”.</content> </subparagraph> </quotedContent> </content> </paragraph> </section> <section> <num value="204">SEC. 204. </num> <heading>REPORT ON POST-TRAUMATIC STRESS DISORDER.</heading> <content>Section 201(e)(1) of the Veterans’ Benefits Amendments of 1989 (Public Law 101–237; 103 Stat. 2066) is amended by inserting “<quotedText>and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s612A">38 USC 612A note</ref>.</p></sidenote> not later than February 1, 1991,</quotedText>” after “<quotedText>Not later than February 1, 1990,</quotedText>”.</content> </section> <section> <num value="205">SEC. 205. </num> <heading>HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PRO-GRAMS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Coordination With Department of Defense Programs</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter:<quotedContent> <subchapter> <num value="V">“SUBCHAPTER V—</num> <heading>STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE</heading> <section> <num value="4351">“§ 4351. </num> <heading>Authority for program</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>As part of the Educational Assistance Program, the Secretary of Veterans Affairs may select qualified individuals to receive assistance under this subchapter.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>To be eligible to receive assistance under this subchapter, an individual must be accepted for enrollment or be enrolled as a full-time student at a qualifying educational institution in a course of <page identifier="/us/stat/104/440">104 STAT. 440</page>education or training that is approved by the Secretary and that leads toward completion of a degree in a health profession involving direct patient care or care incident to direct patient care.</content> </subsection> </section> <section> <num value="4352">“§4352. </num> <heading>Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve</heading> <chapeau>“The Secretary of Veterans Affairs may not approve an application under section 4303 of this title of an individual applying to receive assistance under this subchapter unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the individual is entitled to benefits under chapter 106 of title 10; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the score of the individual on the Armed Forces Qualification Test was above the 50th percentile.</content> </paragraph> </section> <section> <num value="4353">“§4353. </num> <heading>Amount of assistance</heading> <content>“The Secretary may pay to a person selected to receive assistance under this subchapter the amount of $400 (adjusted in accordance with section 4331 of this title) for each month of the person’s enrollment in a program of education or training covered by the agreement of the person entered into under section 4303 of this title. Payment of such benefits for any period shall be coordinated with any payment of benefits for the same period under chapter 106 of title 10.</content> </section> <section> <num value="4354">“§4354. </num> <heading>Obligated service</heading> <content>“A person receiving assistance under this subchapter shall provide service in the full-time clinical practice of the person’s profession as a full-time employee of the Department for the period of obligated service provided in the agreement of such person entered into under section 4303 of this title.</content> </section> <section> <num value="4355">“§4355. </num> <heading>Breach of agreement; liability</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subject to paragraph (2), an individual who is receiving or has received a reserve member stipend under this subchapter and who fails to perform the service for which the individual is obligated under section 4354 of this title shall be liable to the United States in an amount determined in accordance with section 4317(c)(1) of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>An individual who, as a result of performing active duty (including active duty for training), is unable to perform the service for which the individual is obligated under section 4354 of this title shall be permitted to perform that service upon completion of the active duty service (or active duty for training). The Secretary may, by regulation, waive the requirement for the performance of the service for which the individual is obligated under section 4354 of this title in any case in which the Secretary determines that the individual is unable to perform the service for reasons beyond the control of the individual or in any case in which the waiver would be in the best interest of the individual and the United States.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any amount owed the United States under subsection (a) of this section shall be paid to the United States during the one-year period beginning on the date of the breach of the agreement.”.</content> </subsection> </section> </subchapter> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The table of sections at the beginning of such chapter is amended by adding at the end the following new items:<quotedContent> <toc> <referenceItem role="subchapter"><designator>“SUBCHAPTER V—</designator> <label>STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE</label></referenceItem> <referenceItem><designator>“4351.</designator> <label>Authority for program.</label></referenceItem> <page identifier="/us/stat/104/441">104 STAT. 441</page> <referenceItem><designator>“4352.</designator> <label>Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve.</label></referenceItem> <referenceItem><designator>“4353.</designator> <label>Amount of assistance.</label></referenceItem> <referenceItem><designator>“4354.</designator> <label>Obligated service.</label></referenceItem> <referenceItem><designator>“4355.</designator> <label>Breach of agreement; liability.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Periodic Adjustments in Amount of Assistance</inline>.—</heading> <chapeau>Section 4331 of such title is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>in the first sentence of subsection (a)(1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>amount and</quotedText>” and inserting in lieu thereof “<quotedText>amount,</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>amount.</quotedText>” and inserting in lieu thereof “<quotedText>amount, and the maximum Selected Reserve member stipend amount.</quotedText>”;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>in subsection (b)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by redesignating paragraph (3) as paragraph (4); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting after paragraph (2) the following new paragraph (3):<quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘maximum Selected Reserve member stipend amount’ means the maximum amount of assistance provided to a person receiving assistance under subchapter V of this chapter, as specified in section 4353 of this title and as previously adjusted (if at all) in accordance with this subsection.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Conforming Amendments</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Section 4301(a) of such title is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (1);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out the period at the end of paragraph (2) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end the following:<quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the Selected Reserve member stipend program provided for under subchapter V of this chapter.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 4302 of such title is amended by inserting “<quotedText>under subchapter I or II of this chapter</quotedText>” in subsections (a) and (b) after “<quotedText>Educational Assistance Program</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 4304 of such title is amended by striking out “<quotedText>subchapter II or HI</quotedText>” in paragraphs (1)(A), (2)(D), and (5) and inserting in lieu thereof “<quotedText>subchapters II, III, or V</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="206">SEC. 206. </num> <heading>ADMINISTRATION.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Chapter 36 of title 38, United States Code, is amended by inserting after section 1784 the following new section:<quotedContent> <section> <num value="1784A">“§1784A. </num> <heading>Procedures relating to computer matching program</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding section 552a(p) of title 5 and subject to paragraph (2) of this subsection, the Secretary may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under an educational assistance program provided for in chapter 30 or 32 of this title or in chapter 106 of title 10 in the case of any individual, or take other adverse action against such individual, based on information produced by a matching program with the Department of Defense.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The Secretary may not take any action referred to in paragraph (1) of this subsection until—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the individual concerned has been provided a written notice containing a statement of the findings of the Secretary based on the matching program, a description of the proposed action, and notice of the individual’s right to contest such findings within 10 days after the date of the notice; and</content> </subparagraph> <page identifier="/us/stat/104/442">104 STAT. 442</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the 10-day period referred to in subparagraph (A) of this paragraph has expired.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In computing the 10-day period referred to in paragraph (2) of this subsection, Saturdays, Sundays, and Federal holidays shall be excluded.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>For the purposes of subsection (q) of section 552a of title 5, compliance with the provisions of subsection (a) of this section shall be considered compliance with the provisions of subsection (p) of such section 552a.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>For purposes of this section, the term ‘matching program’ has the same meaning provided in section 552a(a)(8) of title 5.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s1434">38 USC 1434 note</ref>.</p></sidenote> <heading><inline class="smallCaps">Ratification</inline>.—</heading> <content>Any use by the Department of Veterans Affairs, during the period beginning on July 2,1990, and ending on the date of the enactment of this Act, of any category of information provided by the Department of Defense or the Department of Transportation for making determinations described in section 413(b) of the Veterans’ Benefits Amendments of 1989 (Public Law <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s1434">38 USC 1434 note</ref>.</p></sidenote>101–237) is hereby ratified.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading><inline class="smallCaps">Clerical Amendment</inline>.—</heading> <content>The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1784 the following new item:<quotedContent> <toc> <referenceItem><designator>“1784A.</designator> <label>Procedures relating to computer matching programs.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s552a">5 USC 552a note</ref>.</p></sidenote> <heading><inline class="smallCaps">Effective Date Delayed for Certain Education Benefits Computer Matching Programs</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>In the case of computer matching programs between the Department of Veterans Affairs and the Department of Defense in the administration of education benefits programs under chapters 30 and 32 of title 38 and chapter 106 of title 10, United States Code, the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 (other than the amendments made by section 10(b) of that Act) shall take effect on October 1, 1990.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For purposes of this subsection, the term “matching program” has the same meaning provided in section 552a(a)(8) of title 5, United States Code.</content> </paragraph> </subsection> </section> <section> <num value="207">SEC. 207. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s1622">38 USC 1622 note</ref>.</p></sidenote> <heading>REFUNDS FOR CERTAIN SERVICE ACADEMY GRADUATES.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Upon receipt before January 1, 1992, of an application from an individual described in subsection (b)(3), the Secretary of Veterans Affairs shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>not later than 60 days after receiving such application, refund to the individual concerned the amount, if any, of the individual’s unused contributions to the VEAP Account;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>if the individual has received educational assistance under chapter 32 of title 38, United States Code, for the pursuit of a program of education, pay to the individual (out of funds appropriated to the readjustment benefits account) a sum equal to the amount by which the amount of the educational assistance that the individual would have received under chapter 34 of such title for the pursuit of such program exceeds the amount of the educational assistance that the individual did receive under such chapter 32 for the pursuit of such program; or</content> </subparagraph> <subparagraph class="indent1 fontsize10"> <num value="B">(B) </num> <content>if the individual has not received educational assistance under such chapter 32, pay to the individual (out of funds appropriated to the Department of Veterans Affairs Readjustment Benefits account) a sum equal to the amount of educational assistance that the individual would have received under chapter 34 of such title for the pursuit of a program of <page identifier="/us/stat/104/443">104 STAT. 443</page>education if the individual had been entitled to assistance under such program during the period ending on December 31, 1989; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>refund to the Secretary of Defense the unused contributions by such Secretary to the VEAP Account on behalf of such individual.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “VEAP Account” means the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of title 38, United States Code;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “active duty” has the same meaning given such term by section 101(21) of such title 38;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>the term “individual described in subsection (b)(3)” means an individual who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>before January 1, 1977, commenced the third academic year as a cadet or midshipman at one of the service academies or the third academic year as a member of the Senior Reserve Officers’ Training Corps in a program of educational assistance under section 2104 or 2107 of title 10, United States Code;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>served on active duty for a period of more than 180 days pursuant to an appointment as a commissioned officer received upon graduation from one of the service academies or upon satisfactory completion of advanced training (as defined in section 2101 of such title 10) as a member of the Senior Reserve Officers’ Training Corps;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>after such period of active duty, was discharged or released therefrom under conditions other than dishonor-able or continued to serve on active duty without a break in service; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>if enrolled under the program of educational assistance provided under chapter 32 of title 38, United States Code, submits to the Secretary of Veterans Affairs, as part of the application made by the individual under subsection (a) in such form and manner as such Secretary shall prescribe by January 1, 1991, an irrevocable election to be disenrolled from such program at that time; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the term “<quotedText>service academies</quotedText>” means the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.</content> </paragraph> </subsection> </section> <section> <num value="208">SEC. 208. </num> <heading>LIMITATIONS ON CHANGES OF PROGRAMS OF EDUCATION.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading> <content>Section 1791(b) of title 38, United States Code, is amended by striking out “<quotedText>The</quotedText>” through “additional change” and inserting in lieu thereof “<quotedText>The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change under subsection (a) of this section</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendment made by subsection (a)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t38/s1791">38 USC 1791 note</ref>.</p></sidenote> shall take effect on June 1, 1991.</content> </subsection> </section> <section> <num value="209">SEC. 209. </num> <heading>NAMING OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN SAGINAW, MICHIGAN.</heading><sidenote><p class="indent0 firstIndent0 fontsize8">Public buildings and grounds.</p></sidenote> <content>The Department of Veterans Affairs medical center in Saginaw, Michigan, shall after the date of the enactment of this Act be known and designated as the “<quotedText>Aleda E. Lutz Department of Veterans Affairs Medical Center</quotedText>”. Any reference to such medical center in <page identifier="/us/stat/104/444">104 STAT. 444</page>any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed to be a reference to the Aleda E. Lutz Department of Veterans Affairs Medical Center.</content> </section> Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 1199: HOUSE REPORTS: No. 101–106 (Comm. on Veterans’ Affairs). CONGRESSIONAL RECORD:

Vol. 135 (1989): June 27, considered and passed House.

Vol. 136 (1990): Aug. 2, considered and passed Senate, amended.

Aug. 3, House concurred in Senate amendments.

 Public Law 101–367: To designate the Federal building located at 777 Sonoma Avenue in Santa Rosa, California, as the “John F. Shea Federal Building”. Public Law 367 Public Law 101–367 104 Stat. 445 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 445 Public Law 101–367 101st Congress
An Act To designate the Federal building located at 777 Sonoma Avenue in Santa Rosa, California, as the “John F. Shea Federal Building”.

Aug. 15, 1990

[H.R. 4035]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION. The building located at 777 Sonoma Avenue in Santa Rosa, California, shall be known and designated as the “John F. Shea Federal Building”.
SEC. 2. LEGAL REFERENCES. Any reference in any law, regulation, document, paper, map, or other record of the United States to the building referred to in section 1 is deemed to be a reference to the “John F. Shea Federal Building”.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 4035: HOUSE REPORTS: No. 101–454 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 136 (1990):

Apr. 24, considered and passed House.

Aug. 2, considered and passed Senate.

 Public Law 101–368: To amend the Public Health Service Act to extend the program of grants for preventive health services with respect to tuberculosis, and for other purposes. Public Law 368 Public Law 101–368 104 Stat. 446 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 446 Public Law 101–368 101st Congress
An Act To amend the Public Health Service Act to extend the program of grants for preventive health services with respect to tuberculosis, and for other purposes.

Aug. 15, 1990

[H.R. 4273]

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

Tuberculosis Prevention Amendments of 1990

42 USC 201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Tuberculosis Prevention Amendments of 1990”.
SEC. 2. EXTENSION OF PROGRAM OF GRANTS FOR PREVENTIVE HEALTH SERVICES WITH RESPECT TO TUBERCULOSIS. (a) Program for Eliminating Tuberculosis.—Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended— (1) in subsection (j)(2), in the first sentence, by striking “preventive health service programs for tuberculosis” and inserting the following: “preventive health service programs for the prevention, control, and elimination of tuberculosis”; and (2) in subsection (k)(2), in each of subparagraphs (A) through (D), by striking “prevention and control” each place such term appears and inserting “prevention, control, and elimination”. (b) Advisory Council on Eliminating Tuberculosis.— Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: “(l) (1) The Secretary shall establish an advisory council to be known as the Advisory Council for the Elimination of Tuberculosis (hereafter in this subsection referred to as the ‘Council’). The Council shall provide advice and recommendations regarding the elimination of tuberculosis to the Secretary, the Assistant Secretary for Health, and the Director of the Centers for Disease Control. “(2) With respect to the elimination of tuberculosis, the Council shall— “(A) in making recommendations under paragraph (1), make recommendations regarding policies, strategies, objectives, and priorities; “(B) address the development and application of new technologies; and “(C) review the extent to which progress has been made toward eliminating tuberculosis. “(3) The Secretary shall determine the size and composition of the Council, and the frequency and scope of official meetings of the Council. “(4) The Secretary shall provide to the Council such staff, information, and other assistance as may be necessary to carry out the duties of the Council.”. 104 STAT. 447 (c) Authorization of Appropriations.— Section 317(j)(2) of the Public Health Service Act (42 U.S.C. 247b(j)(2)) is amended in the first sentence by striking “and” after “1989,”, and by inserting before the period the following: “, $36,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995”.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 4273 (S. 2630): HOUSE REPORTS: No. 101–542 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101–372 accompanying S. 2630 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed House.

Aug. 4, considered and passed Senate.

 Public Law 101–369: To implement the Inter-American Convention on International Commercial Arbitration. Public Law 369 Public Law 101–369 104 Stat. 448 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 448 Public Law 101–369 101st Congress
An Act To implement the Inter-American Convention on International Commercial Arbitration.

Aug. 15, 1990

[H.R. 4314]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO TITLE 9, UNITED STATES CODE. Title 9, United States Code, is amended by adding at the end the following: “CHAPTER 3. INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION Sec. “301. “302. “303. “304. “305. “306. “307.
“§ 301. Enforcement of Convention “The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter.
“§ 302. Incorporation by reference “Sections 202, 203, 204, 205, and 207 of this title shall apply to this chapter as if specifically set forth herein, except that for the purposes of this chapter ‘the Convention’ shall mean the Inter-American Convention.
“§ 303. Order to compel arbitration; appointment of arbitrators; locale “(a) A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. The court may also appoint arbitrators in accordance with the provisions of the agreement. “(b) In the event the agreement does not make provision for the place of arbitration or the appointment of arbitrators, the court shall direct that the arbitration shall be held and the arbitrators be appointed in accordance with Article 3 of the Inter-American Convention.
104 STAT. 449
“§ 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity “Arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced under this chapter only if that State has ratified or acceded to the Inter-American Convention.
“§ 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10,1958 “When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention applies shall, unless other-wise expressly agreed, be made as follows: “(1) If a majority of the parties to the arbitration agreement are citizens of a State or States that have ratified or acceded to the Inter-American Convention and are member States of the Organization of American States, the Inter-American Convention shall apply. “(2) In all other cases the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply.
“§ 306. Applicable rules of Inter-American Commercial Arbitration Commission “(a) For the purposes of this chapter the rules of procedure of the Inter-American Commercial Arbitration Commission referred to in Article 3 of the Inter-American Convention shall, subject to subsection (b) of this section, be those rules as promulgated by the Commission on July 1, 1988. “(b) In the event the rules of procedure of the Inter-American Commercial Arbitration Commission are modified or amended in accordance with the procedures for amendment of the rules of that Commission, the Secretary of State, by regulation in accordance with section 553 of title 5, consistent with the aims and purposes of this Convention, may prescribe that such modifications or amendments shall be effective for purposes of this chapter.
“§ 307. Chapter 1; residual application “Chapter 1 applies to actions and proceedings brought under this chapter to the extent chapter 1 is not in conflict with this chapter or the Inter-American Convention as ratified by the United States.”.
104 STAT. 450
SEC. 2. CLERICAL AMENDMENT. The table of chapters at the beginning of title 9, United States Code, is further amended by adding at the end the following new item: “3. 301”.
SEC. 3.

9 USC 301 note.

 EFFECTIVE DATE. This Act shall take effect upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30,1975, with respect to the United States.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 4314 (S. 1941): HOUSE REPORTS: No. 101–501 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 5, considered and passed House.

Aug. 4, considered and passed Senate.

 Public Law 101–370: To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes. Public Law 370 Public Law 101–370 104 Stat. 451 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 451 Public Law 101–370 101st Congress
An Act To amend the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program, and for other purposes.

Aug. 15, 1990

[H.R. 5131]

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

Aircraft and air carriers.
SECTION 1. CIVIL PENALTY ASSESSMENT DEMONSTRATION PROGRAM. Section 905(d)(4) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1475(d)(4)) is amended by striking “the 31-month period beginning on the date of the enactment of this section” and inserting “the period beginning on the date of the enactment of this section and ending on August 1,1992”.
SEC. 2. AIRPORT SECURITY PROGRAMS. Section 316 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1357) is amended by adding at the end the following new subsection: “(g) Airport Tenants Security Programs.— The Administrator may approve under this section a security program of an airport operator, and may approve an amendment to a security program of an airport operator approved by the Administrator under subsection (b), which incorporates a security program of an airport tenant (other than an air carrier separately complying with part 108 or 129 of title 14 of the Code of Federal Regulations) having access to the secured areas of the airport— “(1) if such program or amendment incorporates the measures by which the tenant will carry out, within the tenant’s leased areas or areas designated for the tenant’s exclusive use under an agreement with the airport operator, the security requirements imposed by the Administrator on the airport operator pursuant to the access control system requirements of section 107.14 of such title or to other requirements of part 107 of such title; and “(2) if such program or amendment incorporates the methods by which the airport operator will monitor and audit the ten-ant’s compliance with such security requirements and provides that the tenant will be required to pay financial penalties to the airport operator in the event the tenant fails to carry out any such security requirement in accordance with a contractual provision or requirement imposed by the airport operator. If the Administrator approves a program or amendment described in this subsection, the airport operator may not be found to be in violation of a requirement of this section in any case in which the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is responsible for such violation and that the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.”.
104 STAT. 452
SEC. 3.

49 USC app. 1482 note.

 ADMINISTRATIVE CONFERENCE EVALUATION OF ADJUDICATORY PROCEDURES. (a) Study and Evaluation.— The Administrative Conference of the United States shall conduct a study and evaluation of the administrative adjudicatory procedures of the Federal Aviation Administration and the National Transportation Safety Board and shall make a recommendation not later than 18 months after the date of the enactment of this Act as to whether the authority to adjudicate administrative complaints under the Federal Aviation Act of 1958 should remain with the Department of Transportation, should be transferred to the National Transportation Safety Board, or should be otherwise modified. (b) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $50,000 for fiscal year 1991. Such funds shall be in addition to amounts authorized to be appropriated under section 576 of title 5, United States Code, and shall remain available until expended.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.R. 5131: HOUSE REPORTS: No. 101–602 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 101–425 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 136 (1990):

July 16, considered and passed House.

Aug. 4, considered and passed Senate.

 Public Law 101–371: Designating the week beginning September 16, 1990, as “National Give Kids a Fighting Chance Week”. Public Law 371 Public Law 101–371 104 Stat. 453 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 453 Public Law 101–371 101st Congress
Joint Resolution Designating the week beginning September 16, 1990, as “National Give Kids a Fighting Chance Week”.

Aug. 15, 1990

[H.J. Res. 515]

 Whereas as many as 200,000 children of less than 5 years of age suffer from severe craniofacial deformity; Whereas individuals who suffer from craniofacial deformity, including children and adults, are too often forced to live secluded lives, hidden from society; Whereas individuals who suffer from craniofacial deformity and their families experience severe emotional and behavioral difficulties; Whereas the International Craniofacial Foundations, Inc., its affiliated centers, the National Foundation for Facial Reconstruction, and other organizations dedicated to craniofacial reconstruction fund programs for research and education regarding craniofacial deformity and treatment of individuals who suffer from craniofacial deformity; Whereas the International Craniofacial Foundations, Inc., its affiliated centers, the National Foundation for Facial Reconstruction, and other organizations dedicated to craniofacial reconstruction have funded surgical and nonsurgical treatment for more than 10,000 patients from throughout the United States and 12 countries; and Whereas the International Craniofacial Foundations, Inc., its affiliated centers, the National Foundation for Facial Reconstruction and other organizations dedicated to craniofacial reconstruction have begun to aggressively seek out individuals who can be aided by the services of the organizations: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week beginning September 16, 1990, is designated as “National Give the Kids a Fighting Chance Week”, and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.J. Res. 515 (S.J. Res. 284): CONGRESSIONAL RECORD, Vol. 136 (1990):

July 31, considered and passed House.

Aug. 4, considered and passed Senate.

 Public Law 101–372: Designating January 6, 1991 through January 12, 1991 as “National Law Enforcement Training Week”. Public Law 372 Public Law 101–372 104 Stat. 454 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 454 Public Law 101–372 101st Congress
Joint Resolution Designating January 6, 1991 through January 12, 1991 as “National Law Enforcement Training Week”.

Aug. 15, 1990

[H.J. Res. 554]

 Whereas law enforcement training and sciences related to law enforcement are critical to the immediate and long-term safety and well-being of this Nation because law enforcement professionals provide service and protection to citizens in all sectors of society; Whereas law enforcement training is a critical component of national efforts to protect the citizens of this Nation from violent crime, to combat the malignancy of illicit drugs, and to apprehend criminals who commit personal, property and business crimes; Whereas law enforcement training serves the hard working and law abiding citizens of this Nation; Whereas it is essential that the citizens of this Nation be able to enjoy an inherent right of freedom from fear and learn of the significant contributions that law enforcement trainers have made to assure such right; Whereas it is vital to build and maintain a highly trained and motivated law enforcement work force that is educated and trained in the skills of law enforcement and sciences related to law enforcement in order to take advantage of the opportunities that law enforcement provides; Whereas it is in the national interest to stimulate and encourage the youth of this Nation to understand the significance of law enforcement training to the law enforcement profession and to the safety and security of all citizens; Whereas it is in the national interest to encourage the youth of this Nation to appreciate the intellectual fascination of law enforcement training; and Whereas it is in the national interest to make the youth of this Nation aware of career options available in law enforcement and disciplines related to law enforcement: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That January 6, 1991 through January 12, 1991, is designated as “National Law Enforcement Training Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate exhibits, ceremonies, and activities, including programs designed to heighten the awareness of all citizens, particularly the youth of this Nation, of the importance of law enforcement training and related disciplines.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.J. Res. 554 (S.J. Res. 288): CONGRESSIONAL RECORD, Vol. 136 (1990):

July 17, considered and passed House.

Aug. 2, considered and passed Senate.

 Public Law 101–373: Designating Labor Day weekend, September 1 through September 3,1990, as “National Drive for Life Weekend”. Public Law 373 Public Law 101–373 104 Stat. 455 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 455 Public Law 101–373 101st Congress
Joint Resolution Designating Labor Day weekend, September 1 through September 3,1990, as “National Drive for Life Weekend”.

Aug. 15, 1990

[H.J. Res. 627]

 Whereas drunk driving is the most frequently committed violent crime in the United States, with arrests for driving while intoxicated totaling more than 3 times the number of arrests for all violent crimes combined; Whereas 1 individual in the United States is killed every 22 minutes in a drunk-driving-related crash, an average of 65 individuals each day; Whereas more than 23,000 individuals were killed in the United States in drunk-driving-related crashes in 1989; Whereas 2 out of every 5 individuals in the United States will be involved in a drunk-driving-related crash at some point in their lives; Whereas the estimates of the economic costs of drunk driving in the United States are as high as $24,000,000,000; Whereas Americans are also asked to turn on their headlights while driving on Drive for Life Day as a remembrance of those people killed or injured by drunk-driving incidences; Whereas Drive for Life is a public awareness campaign which asks all Americans to pledge to be responsible by driving sober and encouraging others to do the same on the Drive for Life Day and thereby demonstrating a commitment to significantly reduce the tragedies of drunk driving and which serves to educate the public about the dangers of drunk driving; Whereas on the third annual National Drive for Life Day, the toll of individuals killed in drunk-driving-related crashes in the United States was 25.7 percent lower than the average number of deaths due to drunk-driving-related crashes on Labor Day weekend Saturday, in 1988, reflecting the success of this campaign; Whereas the third annual National Drive for Life campaign featured endorsements from all 50 United States Governors, more than 160 mayors, and all 50 State police departments and other prominent public officials; and Whereas the fourth annual National Drive for Life Day will occur on September 1, 1990, the Saturday of the Labor Day weekend, when drunk-driving-related crashes are traditionally at their peak: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Labor Day weekend beginning on September 1, 1990, is designated as “National Drive for Life Weekend”. The President is authorized and requested to issue a proclamation calling on the people of the United States to observe that weekend with a pledge to not drink and drive and other appropriate activities.
Approved August 15, 1990.
LEGISLATIVE HISTORY—H.J. Res. 627: CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 3, considered and passed House.

Aug. 4. considered and passed Senate.

 Public Law 101–374: To amend the Public Health Service Act to revise and extend the program of grants for reducing the waiting period for receiving treatment services for drug abuse, and for other purposes. Public Law 374 Public Law 101–374 104 Stat. 456 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 456 Public Law 101–374 101st Congress
An Act To amend the Public Health Service Act to revise and extend the program of grants for reducing the waiting period for receiving treatment services for drug abuse, and for other purposes.

Aug. 15, 1990

[S. 2461]

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

Drug Abuse Treatment Waiting Period Reduction Amendments of 1990.

42 USC 201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Drug Abuse Treatment Waiting Period Reduction Amendments of 1990”.
SEC. 2. REVISION AND EXTENSION OF PROGRAM FOR REDUCING WAITING PERIOD FOR DRUG ABUSE TREATMENT. (a) Technical Amendment Regarding Waiting Period.— Section 509E(a) of the Public Health Service Act (42 U.S.C. 290aa-12(a)) is amended by striking “the waiting list” and all that follows and inserting the following: “the waiting period for receiving, with respect to drug abuse, treatment services from public and nonprofit private providers of such services.”. (b) Priorities in Making Grants; Authority for Posttreatment Services.— Section 509E of the Public Health Service Act (42 U.S.C. 290aa-12) is amended— (1) by striking subsection (d); (2) by redesignating subsections (c), (e), and (f) as subsections (e), (f), and (g), respectively; and (3) by inserting after subsection (b) the following new subsections: “(c)

Women.

 Subject to the availability of qualified applicants, the Secretary shall, in making grant under subsection (a), give priority to applicants that will provide, directly or through arrangements with public or nonprofit private entities, treatment services for drug abuse to pregnant or postpartum women. “(d) A grantee under subsection (a) may expend not more than 50 percent of the grant to develop and provide, directly or through arrangements with public or nonprofit private entities, follow-up services to prevent the renewed abuse of drugs by individuals who have successfully completed, with respect to such abuse, a program of treatment provided by the grantee.’. (c) Funding.— (1) Increase in authorization of appropriations.— Paragraph (1) of section 509E(g) of the Public Health Service Act, as redesignated by subsection (b)(2) of this section, is amended to read as follows: “(1)

Appropriation authorization.

 In addition to amounts otherwise appropriated to carry out this section prior to fiscal year 1991, there are authorized to be appropriated an additional $40,000,000 to carry out this section.”. (2) Increase regarding limitation on aggregate amount of grants.— Paragraph (3) of section 509E(g) of the Public Health Service Act, as redesignated by subsection (b)(2) of this 104 STAT. 457section, is amended by striking “$100,000,000” and inserting “$140,000,000”. (3) Availability of certain funds.— Notwithstanding section 307 of Public Law 101–164, amounts appropriated in such Public Law for the purpose of carrying out section 509E of the Public Health Service Act shall remain available for obligation for such purpose through December 31,1990. (d) Report.— Not later than 6 months after the date of the enactment of this Act, the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration shall prepare and submit to the Senate Committee on Labor and Human Resources, and the House Committee on Energy and Commerce, a report concerning the waiting-period-reduction grant program under section 509E of the Public Health Service Act. Such report shall include— (1) a list and description of the programs that have been awarded grants under such section; (2) with respect to the process by which funds awarded under such section are expended for treatment services for drug abuse, a description of the extent to which such process is different than the process by which funds received by the States under subpart B of title XIX of such Act are expended by entities to which the States have awarded such funds for the purpose of providing treatment services (including a description of the extent to which there are differences in the 2 processes in the manner in which the providers of such treatment services obligate and draw down funds); (3) an assessment of the validity of waiting lists as a measure of treatment need and, if the report concludes that waiting lists are not the most accurate measure of treatment need, a description of other, more accurate means of measuring the need for treatment services within a specified geographic area; (4) the views of State, local, and nongovernmental treatment experts with respect to the validity of waiting lists as a measure of treatment need and with respect to the efficacy of the waiting period reduction grant program; and (5) an assessment of the effectiveness of the treatment programs that receive funding under such section, including the usefulness of mechanisms, such as drug testing, that detect renewed substance abuse, and information with respect to the current use of such mechanisms. (e) Effective Date.— This section and the amendments made by

42 USC 290aa–12 note.

 this section shall take effect upon the date of the enactment of this Act.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN DRUG ABUSE DEMONSTRATION PROJECTS. (a) In General.— Section 517 of the Public Health Service Act (42

42 USC 290cc–2.

 U.S.C. 290cc–1) is amended by striking “There are” and all that follows through “section 515” and inserting the following: “For the purpose of carrying out this subpart, there are authorized to be appropriated”. (b) Effective Date.— The amendment made by subsection (a)

42 USC 290cc–2 note.

 shall take effect October 1, 1990, or upon the date of the enactment of this Act, whichever occurs later.
104 STAT. 458
SEC. 4. TECHNICAL AMENDMENTS TO CERTAIN PROGRAMS. (a) Form of Assistance for Construction of Facilities To Supply Specialized Mice for Biomedical Research.— Public Law 101–190 (42 U.S.C. 289e note) is amended— (1) in section 1— (A) in the heading for the section, by striking“CONTRACT” and inserting “GRANT”; (B) in subsection (a), by striking “entering into a contract with” and inserting “making a grant to”; and (C) in subsection (b), by striking “contract” and inserting “grant”; (2) in section 2— (A) in subsection (a), in the matter preceding paragraph (1), by striking “enter into a contract” and inserting “make a grant”; (B) in subsection (a)(1), by striking “contract” and inserting “grant”; (C) in subsection (b)(1), in the matter preceding subparagraph (A), by striking “contractor” and inserting “grantee”; (D) in subsection (b)(1), in subparagraphs (A) and (B), by striking “a contract” each place such term appears and inserting “an agreement”; (E) in subsection (b)(2), by striking “contractor” and inserting “grantee”; (F) in subsection (d)(1), in the heading, by striking “contractor” and inserting “grantee”; and (G) in subsection (d)(1)— (i) by striking “enter into a contract” and inserting “make a grant”; and (ii) by striking “the contract” and inserting “the grant”; (3) in section 3(a)— (A) by striking “enter into a contract” and inserting “make a grant”; and (B) by striking “the contract” and inserting “the grant”; (4) in section 4— (A) in subsection (a)(1), in the first sentence— (i) by striking “enter into a contract” and inserting “make a grant”; and (ii) by striking “the contract” and inserting “the grant”; (B) in subsection (a)(2)(A), in the second sentence, by striking “in the contract”; (C) in subsection (b), in the matter preceding paragraph (1), by striking “enter into a contract” and inserting “make a grant”; (D) in subsection (b)(1), by striking “contract” and inserting “grant”; (E) in subsection (c), in the matter preceding paragraph (1), by striking “enter into a contract” and inserting “make a grant”; and (F) in subsection (c)(1), by striking “contract” and inserting “grant”; (5) in section 5— 104 STAT. 459 (A) in subsection (a), in paragraphs (1) and (2), by striking “contractor” each place such term appears and inserting “grantee”; (B) in subsection (b), in paragraphs (1) through (3), by striking “contractor” each place such term appears and inserting “grantee”; and (C) in subsection (c), by striking “contractor” and inserting “grantee”; and (6) in section 6(a), in the matter preceding paragraph (1), by striking “contractor” and inserting “grantee”. (b) Intrastate Allocations for Substance Abuse Programs Under Certain Block Grants to the States.—Section 1916(c)(6)(A) of the Public Health Service Act is amended—

42 USC 300x–4.

 (1) in clause (i)— (A) by striking “and” before “(III) in fiscal year 1989”; and (B) by inserting before the period the following: “, and (IV) in fiscal year 1990 under appropriations made in Public Law 101–164 for allotments under this subpart”; and (2) in clause (ii)— (A) by striking “and” before “(III) in fiscal year 1989”; and (B) by inserting before “bore to the funds” the following: “, and (IV) in fiscal year 1990 under appropriations made in Public Law 101–164 for allotments under this subpart”. (c) Effective Dates for Technical Amendments.— (1) Construction of biomedical facilities.— The amendments

42 USC 289e note.

 made by subsection (a) shall take effect as if included in Public Law 101–190. (2) Intrastate allocations for block grants.—The amendments

42 USC 300x–4 note.

 made by subsection (b) shall take effect October 1, 1990, or upon the date of the enactment of this Act, whichever occurs later.
Approved August 15, 1990.
LEGISLATIVE HISTORY—S. 2461: SENATE REPORTS No. 101–336 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 28, considered and passed Senate.

June 30, considered and passed House, amended.

Aug. 4, Senate concurred in House amendment.

 Public Law 101–375: To designate the month of September 1990 as “International Visitors’ Month”. Public Law 375 Public Law 101–375 104 Stat. 460 1990-08-15 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 2025-06-19 101 2 public 104 STAT. 460 Public Law 101–375 101st Congress
Joint Resolution To designate the month of September 1990 as “International Visitors’ Month”.

Aug. 15, 1990

[S.J. Res. 248]

 Whereas the United States Information Agency conducts educational and cultural exchange programs that bring current and future foreign leaders to the United States, often for their first visit; Whereas the experiences of these visitors affect attitudes and decisions regarding our country and international relations in general; Whereas the success of these programs depends on the visitors’ seeing American democracy in all its openness and diversity; Whereas such broad and meaningful exposure requires thousands of volunteers, who open their homes, businesses, and communities to more than 5,000 visitors each year; Whereas such volunteer efforts are coordinated by the National Council for International Visitors, comprised of 103 not-for-profit community organizations throughout the United States and 42 national programming agencies; Whereas these international visits not only enrich the United States and the world in cultural, social, and human terms, but also provide the United States and foreign nations opportunities in international trade, commerce, and economic development; and Whereas the continuing vitality and growing value of such programs depend upon community awareness and support: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That September 1990 is designated as “International Visitors’ Month”. The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate ceremonies and activities.
Approved August 15, 1990.
LEGISLATIVE HISTORY—S.J. Res. 248: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Aug. 3, considered and passed House.

 Public Law 101–376: To amend title 5, United States Code, to grant appeal rights to members of the excepted service affected by adverse personnel actions, and for other purposes. Public Law 376 Public Law 101–376 104 Stat. 461 1990-08-17 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 2025-06-19 101 2 public 104 STAT. 461 Public Law 101–376 101st Congress
An Act To amend title 5, United States Code, to grant appeal rights to members of the excepted service affected by adverse personnel actions, and for other purposes.

Aug. 17, 1990

[H.R. 3086]

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

Civil Service Due Process Amendments.

5 USC 7501 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Civil Service Due Process Amendments”.
SEC. 2. EXCEPTED SERVICE APPEAL RIGHTS. (a) In General.— Section 7511 of title 5, United States Code, is amended to read as follows:
“§ 7511. Definitions; application “(a) For the purpose of this subchapter— “(1) ‘employee’ means— “(A) an individual in the competitive service— “(i) who is not serving a probationary or trial period under an initial appointment; or “(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; “(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions— “(i) in an Executive agency; or “(ii) in the United States Postal Service or Postal Rate Commission; and “(C) an individual in the excepted service (other than a preference eligible)— “(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or “(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less; “(2) ‘suspension’ has the same meaning as set forth in section 7501(2) of this title; “(3) ‘grade’ means a level of classification under a position classification system; “(4) ‘pay’ means the rate of basic pay fixed by law or administrative action for the position held by an employee; and “(5) ‘furlough’ means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other non disciplinary reasons. “(b) This subchapter does not apply to an employee— 104 STAT. 462 “(1) whose appointment is made by and with the advice and consent of the Senate; “(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by— “(A) the President for a position that the President has excepted from the competitive service; “(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or “(C) the President or the head of an agency for a position excepted from the competitive service by statute; “(3) whose appointment is made by the President; “(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee; “(5) who is described in section 8337(h)(1), relating to technicians in the National Guard; “(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980; “(7) whose position is with the Central Intelligence Agency, the General Accounting Office, or the Veterans Health Services and Research Administration; “(8) whose position is within the United States Postal Service, the Postal Rate Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, the National Security Agency, the Defense Intelligence Agency, or an intelligence activity of a military department covered under section 1590 of title 10, unless subsection (a)(1)(B) of this section or section 1005(a) of title 39 is the basis for this subchapter’s applicability; or “(9) who is described in section 5102(c)(11) of this title. “(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.”.
(b) Actions Based on Unacceptable Performance.—Section 4303(e) of title 5, United States Code, is amended to read as follows: “(e) Any employee who is— “(1) a preference eligible; “(2) in the competitive service; or “(3) in the excepted service and covered by subchapter II of chapter 75, and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701.”. (c)

5 USC 4303 note.

 Applicability.— The amendments made by this section shall apply with respect to any personnel action taking effect on or after the effective date of this Act.
SEC. 3. ANNUITANT STATUS NOT A BAR TO APPEALING ONE’S REMOVAL. Section 7701 of title 5, United States Code, is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: “(j) In determining the appealability under this section of any case involving a removal from the service (other than the removal of a reemployed annuitant), neither an individual’s status under any 104 STAT. 463retirement system established by or under Federal statute nor any election made by such individual under any such system may be taken into account.”.
SEC. 4. EFFECTIVE DATE.

5 USC 4303 note.

 This Act and the amendments made by this Act shall become effective on the date of the enactment of this Act, and, except as provided in section 2(c), shall apply with respect to any appeal or other proceeding brought on or after such date.
Approved August 17, 1990.
LEGISLATIVE HISTORY—H.R. 3086: HOUSE REPORTS: No. 101–328 (Comm. on Poet Office and Civil Service). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 6, considered and passed House.

Vol. 136 (1990): July 30, considered and passed Senate, amended.

Aug. 3, House concurred in Senate amendment.

 Public Law 101–377: To revise the boundary of Gettysburg National Military Park in the Commonwealth of Pennsylvania, and for other purposes. Public Law 377 Public Law 101–377 104 Stat. 464 1990-08-17 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 2025-06-19 101 2 public 104 STAT. 464 Public Law 101–377 101st Congress
An Act To revise the boundary of Gettysburg National Military Park in the Commonwealth of Pennsylvania, and for other purposes.

Aug. 17, 1990

[H.R. 3248]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

16 USC 430g–4.

 GETTYSBURG NATIONAL MILITARY PARK BOUNDARY REVISION. (a)

Public information.

 Lands Included in the Park.— In furtherance of the purposes of the Act entitled “An Act to establish a national military park at Gettysburg, Pennsylvania”, approved February 11, 1895 (16 U.S.C. 430g et seq.), the Gettysburg National Military Park (hereafter in this Act referred to as the “park”) shall hereafter comprise the lands and interests in lands within the boundary generally depicted as “Park Boundary” on the map entitled “Gettysburg National Military Park Boundary Map”, numbered NPS 305/80034-B, and dated March 1990, which shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (b) Lands Excluded From the Park.— Lands and interests in lands outside of the boundary so depicted as “Park Boundary” on the map referred to in subsection (a) are hereby excluded from the park and shall be disposed of in accordance with the provisions of section 2(c).
SEC. 2.

16 USC 430g–5.

 ACQUISITION AND DISPOSAL OF LANDS. (a)

Gifts and property.

 General Authority.— The Secretary is authorized to acquire lands and interests in lands within the park by donation, purchase with donated or appropriated funds, exchange, or otherwise. In acquiring lands and interests in lands under this Act, the Secretary shall acquire the minimum Federal interests necessary to achieve the objectives identified for specific areas and the park. (b) Authority to Convey Freehold and Leasehold Interests Within Park.— The Secretary may convey lands and interests in lands within the park authorized in accordance with subsection (a) of the Act of July 15, 1968 (16 U.S.C. 4601–22), except that, notwithstanding subsection (d) of that section, the net proceeds from any such conveyance may be used, subject to appropriations, to acquire lands and interests within the park. (c) Conveyance of Lands Excluded From Park.— (1) The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to section 1(b) for the purpose of acquiring lands within the park boundary. (2) If any such Federal lands or interests are not exchanged within five years after the date of enactment of this Act, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, 104 STAT. 465but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary. (3) All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the park and the Gettysburg Battle-field Historic District (hereafter in this Act referred to as the “historic district”). Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park. (d) Relinquishment of Legislative Jurisdiction to Pennsylvania.— With respect to any lands over which the United States exercises exclusive or concurrent legislative jurisdiction and which are excluded from the park pursuant to section 1(b), the Secretary may relinquish to the State of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the Governor a notice of relinquishment to take effect upon acceptance thereof, •unless otherwise provided by the laws of the State.
SEC. 3. AGREEMENTS WITH RESPECT TO MONUMENTS AND TABLETS LOCATED OUTSIDE PARK BOUNDARY.

16 USC 430g–6.

 The Secretary is authorized to enter into agreements with the owners of property in proximity to but outside the boundary of the park on which historic monuments and tablets commemorating the Battle of Gettysburg have been erected on or before January 1, 1990. The Secretary may make funds available, subject to appropriations, for the maintenance, protection, and interpretation of such monuments and tablets pursuant to such agreements. In addition, within the area depicted as the “Gettysburg Battlefield Historic District” on the map referred to in section 1(a), or in proximity thereto, the Secretary may, with the consent of the owner, acquire, by donation, purchase, or exchange, lands and interests comprising such monuments and tablets together with lands and interests necessary to provide adequate public access thereto.
SEC. 4. CONSERVATION WITHIN GETTYSBURG BATTLEFIELD HISTORIC DISTRICT.

16 USC 430g–7.

 (a) Encouragement of Conservation.— The Secretary shall take appropriate action to encourage conservation of the historic district by landowners, local governments, organizations, and businesses. (b) Prioritization of Grants.— Within the historic district, the Secretary shall give priority in making grants under section 101(d), and in providing technical assistance, information, and advice under section 101(h), of the National Historic Preservation Act (16 U.S.C. 470a(d), (h)) to those programs and activities in the historic district that will assure development and use of natural and cultural resources in a manner that is consistent with the conservation and maintenance of the district’s historic character. (c) Provision of Technical Assistance.— The Secretary may provide technical assistance to assist local governments in cooperative efforts which complement the values of the park and the historic district and to help landowners prepare individual property plans which meet landowner and conservation objectives in the historic district. (d) Reimbursement of Planning Costs.— The Secretary, under such terms and conditions as the Secretary may prescribe and at the request of any local or county government within the historic 104 STAT. 466district, shall provide matching reimbursements for up to 50 percent of the planning costs incurred by such government in the development of comprehensive plans and land use guidelines which are consistent with conserving the historic character of the historic district. Reimbursements may only be provided under this subsection to the extent or in such amounts as are provided in appropriation Acts. (e) Acceptance of Easement Donations.—The Secretary, upon recommendation from the Director of the National Park Service, in consultation with the Advisory Commission established under section 5, is authorized to accept donations of conservation easements on land located within the historic district. (f) Federal Consistency.— (1) Any Federal or federally assisted activity or undertaking in the historic district, shall be consistent to the maximum extent possible with the purposes of the preservation of the historic district, including its rural, agricultural, and town elements, and shall also comply with the National Historic Preservation Act and other applicable laws. (2) The head of any Federal agency (hereafter in this subsection referred to as the “agency”) having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in the historic district, and the head of any Federal agency having authority to license or permit any undertaking in such area, shall at the earliest feasible date prepare a detailed analysis of any proposed action and submit it to the Secretary. (3) The Secretary shall review the analysis and consult with the agency. If after such review and consultation, the Secretary finds that the proposed action is not consistent with the purposes identified in this subsection, the agency shall not proceed with the action until after a justification for the action has been submitted to the appropriate committees of Congress with adequate time allowed for Congressional comment. Such justification shall include the following elements: the anticipated effects on the historic and commemorative character of the historic district, the social and economic necessity for the proposed action, all possible alternatives to the proposed action, the comparative benefits of proposed alternative actions, and the mitigation measures outlined in the proposed action.
SEC. 5.

16 USC 430g–8.

 ADVISORY COMMISSION. (a) Establishment.— There is hereby established the Gettysburg National Military Park Advisory Commission (hereafter in this Act referred to as the “Advisory Commission”). The Advisory Commission shall be composed of eleven members, as follows: (1) One member representing each of the local governments from the four townships surrounding the park and the Borough of Gettysburg, appointed by the Secretary. (2) One member representing the Adams County, Pennsylvania government, appointed by the Secretary. (3) One member representing the State Historic Preservation Office of the State of Pennsylvania, appointed by the Secretary. (4) Two members who are residents of Adams County and who are knowledgeable about the park and its resources, appointed by the Secretary, one of whom shall own land or interests in land within the park boundary. (5) One member with expertise in local historic preservation, appointed by the Secretary. 104 STAT. 467 (6) The Director of the National Park Service or his designee, ex officio. Members shall be appointed for staggered terms of three years, as designated by the Secretary at the time of the initial appointments. Any member of the Advisory Commission appointed for a definite term may serve after the expiration of his term until his successor is appointed. The Advisory Commission shall designate one of its members as Chairperson. Six members of the Advisory Commission shall constitute a quorum. (b) Management and Development Issues.— The Secretary, or his designee, shall from time to time, but at least semiannually, meet and consult with the Advisory Commission to coordinate the management of the park and the historic district with local jurisdictions. (c) Meetings.— The Advisory Commission shall meet on a regular

Public information.

 basis. Notice of meetings and agenda shall be published in local newspapers which have a distribution which generally covers the area affected by the park. Advisory Commission meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (d) Expenses.— Members of the Advisory Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairperson. (e) Charter.— The provisions of section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) are hereby waived with respect to this Advisory Commission.
SEC. 6. INTERPRETATION.

16 USC 430g–9.

 In administering the park, the Secretary shall take such action as is necessary and appropriate to interpret, for the benefit of visitors to the park and the general public, the Battle of Gettysburg in the larger context of the Civil War and American history, including the causes and consequences of the Civil War and including the effects of the war on all the American people.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

16 USC 430g–10.

 There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.
Approved August 17, 1990.
LEGISLATIVE HISTORY—H.R. 3248 (S. 1594): HOUSE REPORTS: No. 101–467 (Comm. on Interior and Insular Affairs). SENATE REPORTS No. 101–229 accompanying S. 1594 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Jan. 24, S. 1594 considered and passed Senate.

May 1, H.R. 3248 considered and passed House.

Aug. 3, considered and passed Senate.

 Public Law 101–378: To enroll twenty individuals under the Alaska Native Claims Settlement Act. Public Law 378 Public Law 101–378 104 Stat. 468 1990-08-17 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 2025-06-19 101 2 public 104 STAT. 468 Public Law 101–378 101st Congress
An Act To enroll twenty individuals under the Alaska Native Claims Settlement Act.

Aug. 17, 1990

[S. 666]

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

Public lands.

 <num value="I">TITLE I</num> <section> <num value="101">SEC. 101. </num> <heading>ENROLL NATIVES UNDER ALASKA NATIVE CLAIMS SETTLEMENT ACT.</heading> <content>Notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to enroll the following named individuals as Natives under the Alaska Native Claims Settlement Act (Public Law 92–203): Marilyn Jean (Warren) Sanchez, Theresa A. (Warren) Forbes, Linda (Graham) Raymond, Carol (Graham) Kistler, Debra (Sellers) Page, Glenn Sellers, David P. Schmalzried, Odman H. Schmalzried, Carol Guzialek, Corbin Kooly, Charmaine I. (Warren) Forbes, John A. Warren, Jr., Phillip Graham, Sharon (Graham) Skinner, Wanda (Sellers) Clancy, Georgia A. (Schmalzried) Flood, Rhonda S. (Schmalzried) Koski, Paula (Guzialek) Smith, Pamela Kooly, and Darrell Kooly. Each individual is entitled to receive one hundred shares of stock in Cook Inlet Region, Inc., and such other benefits as the Board of Directors of that corporation may approve. No individual enrolled pursuant to this Act shall be entitled to share in any dividends or Alaska Native Claims Settlement Act distributions made by the United States or Cook Inlet Region, Inc., prior to the individual’s enrollment. Enrollment of these individuals shall not alter the entitlement to or distribution of land to Cook Inlet Region, Inc., under the terms of the Alaska Native Claims Settlement Act.</content> </section> <num value="II">TITLE II</num><sidenote><p class="indent0 firstIndent0 fontsize8">Admiralty Island National Monument Land Management Act of 1990. Conservation.</p></sidenote> <section> <num value="201">SEC. 201. </num> <heading>TITLE AND PURPOSE.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <heading><inline class="smallCaps">Title</inline>.—</heading> <content>This title may be cited as the “<shortTitle role="title">Admiralty Island National Monument Land Management Act of 1990</shortTitle>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading><inline class="smallCaps">Purpose</inline>.—</heading> <content>The purpose of this title is to improve Federal management of lands on Admiralty Island, Alaska, as provided herein.</content> </subsection> </section> <section> <num value="202">SEC. 202. </num> <heading>FINDINGS.</heading> <chapeau>The Congress hereby finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Admiralty Island National Monument, Alaska, is an area of unparalleled natural beauty containing multiple values including but not limited to, fish and wildlife, forestry, recreational, subsistence, educational, wilderness, historical, cultural, and scenic values of enduring benefit to the Nation and the Native peoples residing therein; and</content> </paragraph> <page identifier="/us/stat/104/469">104 STAT. 469</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>land management and Federal administration of Admiralty Island National Monument may be enhanced by Federal land acquisitions, through land exchanges or otherwise, and by cooperative agreements between the Federal Government and the indigenous residents of the island, the people of the city of Angoon and the Native Village Corporation, Kootznoowoo, Incorporated.</content> </paragraph> </section> <section> <num value="203">SEC. 203. </num> <heading>LAND ACQUISITION AND EXCHANGE.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Section 506(a) of the Alaska National Interest Lands Conservation Act (Public Law 96–487, as amended) is hereby amended by<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/94/2406">94 Stat. 2406</ref>.</p></sidenote> adding at the end thereof the following new paragraph:<quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The Secretary is authorized and directed to enter into such<sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> cooperative agreements and agreements for land acquisitions, through exchange or otherwise, with Kootznoowoo as are deemed necessary by the Secretary to carry out the purposes specified in sections 201 and 503 of this Act and to improve the management of Federal lands on Admiralty Island.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Secretary shall make every effort to complete agreements within eighteen months of the date of enactment of this paragraph.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The Secretary shall report to Congress before the end of such<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> eighteen-month period on the status and results of negotiations with Kootznoowoo. The report shall include, but not be limited to, any Kootznoowoo properties proposed to be acquired by the United States, any Federal land or other compensation to be offered in exchange, and the text of any proposed or executed agreements.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>Any lands on Admiralty Island acquired by the United States pursuant to this paragraph shall be added to and incorporated within the Admiralty Island National Monument.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>The inability of the Secretary and Kootznoowoo to reach agreement shall not preclude subsequent negotiations at any time for the purposes of land exchanges or other matters.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>Enactment of this paragraph shall not create any right or cause of action by Kootznoowoo, Incorporated, or any other party against the United States.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> </section> <section> <num value="204">SEC. 204. </num> <heading>LAND SELECTION CONSOLIDATION.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Section 506(a)(5) of the Alaska National Interest Lands Conservation Act (Public Law 96–487, as amended) is hereby amended by adding at the end thereof the following new subparagraphs:<quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In order to consolidate Federal land ownership and improve<sidenote><p class="indent0 firstIndent0 fontsize8">Forests and forest products.</p></sidenote> management of all land and timber resources in the area, the lands between such sale area and lands lying to the east of such sale area which have been or may be conveyed to Kootznoowoo pursuant to this paragraph shall be made available by the Secretary for an exchange between the Federal Government and Kootznoowoo, Incorporated, pursuant to the terms of section 1302(h) of this Act. If such sale is voluntarily terminated, or is canceled or forfeited in accordance with applicable law and regulations, then the lands within the sale area shall also be made available for exchange. The availability of the lands within the sale area for exchange shall continue for one year following the date the sale is completed and closed, or for one year following its termination, cancellation, or forfeiture, whichever is later. Nothing in this section shall affect valid land selections which the State of Alaska has filed with the <page identifier="/us/stat/104/470">104 STAT. 470</page>Federal Government pursuant to Public Law 85–508, nor shall this section cause these lands to be removed from entry pursuant to the Mining Law of 1872.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>Subject to lode mining claims, known as KAEL 1–216 inclusive, and valid existing rights, the subsurface estate in the lands conveyed to Kootznoowoo, Incorporated, pursuant to subparagraph (C) shall be granted to Sealaska, Incorporated. Nothing in subparagraphs (C) or (D) shall create a right or cause of action by Kootznoowoo, Incorporated, or any other party against the United States.”.</content> </subparagraph> </quotedContent> </content> </subsection> </section> <section> <num value="205">SEC. 205. </num> <heading>ADMINISTRATIVE PROVISIONS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Section 703(a)(1) of the Alaska National Interest Lands Conservation<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s1132">16 USC 1132 note</ref>.</p></sidenote> Act is amended by deleting the words “Admiralty Island National Monument Wilderness” and inserting in lieu thereof “<quotedText>Kootznoowoo Wilderness</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>All rights, title, and interests to that portion of the approximately seventeen and thirty-four one-hundredths acres comprising the Angoon Administrative Site which, pursuant to paragraph (b)(2) of this section, the Secretary dedicates for uses related to the administration of the Tongass National Forest, are hereby con-firmed in the United States, said parcel being a valid existing Federal administrative site as referenced in section 506(a)(3)(A) of the Alaska National Interest Lands Conservation Act (Public Law 96–487, as amended). Said administrative site is located on Admiralty Island in township 50 south, range 68 east, section 31, Copper River Base and Meridian and township 50 south, range 67 east, section 36, Copper River Base and Meridian.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Within one year of enactment of this paragraph, the Secretary of Agriculture shall adjust, and resurvey as necessary, the boundaries of the Angoon Administrative Site to include only that portion of the site described as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Those lands which lie within the following described boundaries, comprising four and sixty-eight one-hundredths acres more or less:<list> <listItem><listContent class="indent1 fontsize10 depth0">Beginning at corner 1, also corner 9 of United States survey numbered 3756;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Thence north 45 degrees 30 minutes west, 540.79 feet to comer 2;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Thence north 45 degrees 00 minutes east, 376.60 feet to corner 3;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Thence south 45 degrees 30 minutes east, 540.79 feet to corner 4;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Thence south 45 degrees 00 minutes west, 376.60 feet to corner 1, also comer 9 of United States survey numbered 3756, the point of beginning.</listContent></listItem> </list> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Those lands which lie within that area adjoining the northeastern boundary of the four and sixty-eight one-hundredths acre tract and the mean high tide line of Kootznoowoo Inlet, subject to a perpetual public easement for the existing AngoonKillisnoo Road.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>An easement for road and utility access to the four and sixty-eight one-hundredths acre tract from the western or southern boundary of the seventeen and thirty-four one-hundredths acre site. To the maximum extent feasible, the Secretary shall locate said easement to connect and follow the existing right-of-way for Relay Road, which lies between lots 1 and 6 of the <page identifier="/us/stat/104/471">104 STAT. 471</page>Samuel G. Johnson subdivision. Said easement shall be at a precise location and of dimensions which the Secretary determines are reasonably necessary for present and projected Federal uses of the site related to administration of the Tongass National Forest. Said easement shall be subject to any valid existing rights except those of Kootznoowoo, Incorporated: <proviso><i>Provided</i>, That the easement shall not be located on any lands conveyed by Kootznoowoo, Incorporated, to a third party prior to June 1, 1988, without the express consent of such party:</proviso> <proviso><i>Provided further</i>, That the Secretary shall exclude from the lands so retained those lands which were occupied on June 1, 1988, by structures and improvements that were not constructed by or for the United States including easements related thereto, or which were constructed by or for the United States but which the Secretary determines are not reasonably necessary for present or projected Federal uses related to the administration of the Tongass National Forest:</proviso> <proviso><i>Provided further</i>, That the Secretary shall not exclude from the four and sixty-eight one-hundredths acre tract any lands occupied by existing power or utility lines or poles, and the lands so occupied shall be subject to an easement to allow for their continued use, maintenance, and repair.</proviso> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Title to all lands within the seventeen and thirty-four one-hundredths acre administrative site which are not included by the Secretary in the adjusted area provided by paragraph (b)(2) shall be conveyed by the Secretary of Agriculture by quitclaim deed to Kootznoowoo, Incorporated.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The provisions of paragraphs (b)(2) and (b)(3) are subject to the condition precedent that Kootznoowoo, Incorporated, executes an appropriate written agreement acceptable to the United States Attorney for the District of Alaska to dismiss, with prejudice, the pending litigation entitled Kootznoowoo, Incorporated, versus United States Department of Agriculture, Forest Service, Civil Numbered A84–575, in the United States District Court for the District of Alaska, and agrees therein that Kootznoowoo, Incorporated, and the United States shall each bear their respective costs of said litigation, including attorneys’ fees.</content> </paragraph> </subsection> </section> <num value="III">TITLE III</num> <section> <num value="301">SEC. 301. </num> <heading>ALASKA NATIVE CLAIM SETTLEMENT ACT.</heading> <chapeau>Subsection (d) of section 37 of the Alaska Native Claims Settlement Act is amended by—</chapeau><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1629c">43 USC 1629c</ref>.</p></sidenote> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting the words “<quotedText>and such resolution is not validly rescinded pursuant to paragraph (2)(B)(ii)</quotedText>” before the period at the end of paragraph (1)(A);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraph (2)(B) as paragraph (2)(B)(i); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding the following new clauses to paragraph (2)(B):<quotedContent> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>In lieu of approving the amendment to the articles of incorporation described in clause (i) and submitting such amendment to a vote of the shareholders, at any time prior to January 1, 1991, the board of directors of a Native Corporation that has approved a resolution described in paragraph (1)(A) may approve a new resolution rescinding that prior resolution. Upon approval of the new resolution <page identifier="/us/stat/104/472">104 STAT. 472</page>rescinding a resolution described in paragraph (1)(A), the latter resolution shall be void and alienability restrictions on the Settlement Common Stock of such corporation shall continue subsequent to December 18, 1991, until such time as the alienability restrictions are terminated pursuant to the procedure described in subsection (b).</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>Notwithstanding any other provision of law, a civil action that challenges the constitutionality of any provision in clause (ii) shall be barred unless it is filed within one year after the date of the vote of the board of directors approving a resolution to rescind a prior opt-in election under paragraph (1)(A). Any such civil action shall be filed in accordance with section 16(b) of the Alaska Native Claims Settlement Act Amendments of 1987 (101 Stat. 1813–1814).”.</content> </clause> </quotedContent> </content> </paragraph> </section> Approved August 17, 1990.
LEGISLATIVE HISTORY—S. 666: HOUSE REPORTS: No. 101–576 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–297 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 6, considered and passed Senate.

July 10, considered and passed House, amended.

July 23, Senate concurred in House amendments with amendments.

Aug. 1, House concurred in Senate amendments.

 Public Law 101–379: To clarify and strengthen the authority for certain Department of the Interior law enforcement services, activities, and officers in Indian country, and for other purposes. Public Law 379 Public Law 101–379 104 Stat. 473 1990-08-18 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 2025-06-19 101 2 public 104 STAT. 473 Public Law 101–379 101st Congress
An Act To clarify and strengthen the authority for certain Department of the Interior law enforcement services, activities, and officers in Indian country, and for other purposes.

Aug. 18, 1990

[H.R. 498]

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

Indian Law Enforcement Reform Act.
short title Section 1. This Act may be cited as the “Indian Law Enforcement

25 USC 2801 note.

Reform Act”.
definitions Sec. 2. For purposes of this Act—

25 USC 2801.

 (1) The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (2) The term “employee of the Bureau” includes an officer of the Bureau. (3) The term “enforcement of a law” includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender. (4) The term “Indian country” has the meaning given that term in section 1151 of title 18, United States Code. (5) The term “Indian tribe” has the meaning given that term in section 201 of the Act of April 11, 1968 (82 Stat. 77; 25 U.S.C. 1301). (6) The term “offense” means an offense against the United States and includes a violation of a Federal regulation relating to part or all of Indian country. (7) The term “Secretary” means the Secretary of the Interior. (8) The term “Division of Law Enforcement Services” means the entity established within the Bureau under section 3(b). (9) The term “Branch of Criminal Investigations” means the entity the Secretary is required to establish within the Division of Law Enforcement Services under section 3(d)(1).
indian law enforcement responsibilities Sec. 3. (a) The Secretary, acting through the Bureau, shall be

25 USC 2802.

 responsible for providing, or for assisting in the provision of, law enforcement services in Indian country as provided in this Act. (b) There is hereby established within the Bureau a Division of Law Enforcement Services which, under the supervision of the Secretary, or an individual designated by the Secretary, shall be responsible for— (1) carrying out the law enforcement functions of the Secretary in Indian country, and (2) implementing the provisions of this section. 104 STAT. 474 (c) Subject to the provisions of this Act and other applicable Federal or tribal laws, the responsibilities of the Division of Law Enforcement Services in Indian country shall include— (1) the enforcement of Federal law and, with the consent of the Indian tribe, tribal law; (2) in cooperation with appropriate Federal and tribal law enforcement agencies, the investigation of offenses against criminal laws of the United States; (3) the protection of life and property; (4) the development of methods and expertise to resolve conflicts and solve crimes; (5) the provision of criminal justice remedial actions, correctional and detention services, and rehabilitation; (6) the reduction of recidivism and adverse social effects; (7) the development of preventive and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills; (8) the assessment and evaluation of program accomplishments in reducing crime; and (9) the development and provision of law enforcement training and technical assistance. (d)

Establishment.

 (1) The Secretary shall establish within the Division of Law Enforcement Services a separate Branch of Criminal Investigations which, under such inter-agency agreement as may be reached between the Secretary and appropriate agencies or officials of the Department of Justice and subject to such guidelines as may be adopted by relevant United States attorneys, shall be responsible for the investigation, and presentation for prosecution, of cases involving violations of sections 1152 and 1153 of title 18, United States Code, within Indian country. (2) The Branch of Criminal Investigations shall not be primarily responsible for the routine law enforcement and police operations of the Bureau in Indian country. (3)

Regulations.

 The Secretary shall prescribe regulations which shall establish a procedure for active cooperation and consultation of the criminal investigative employees of the Bureau assigned to an Indian reservation with the governmental and law enforcement officials of the Indian tribe located on such reservation. (4) (i) Criminal investigative personnel of the Branch shall be subject only to the supervision and direction of law enforcement personnel of the Branch or of the Division. Such personnel shall not be subject to the supervision of the Bureau of Indian Affairs Agency Superintendent or Bureau of Indian Affairs Area Office Director. Nothing in this paragraph is intended to prohibit cooperation, coordination, or consultation, as appropriate, with nonlaw enforcement Bureau of Indian Affairs personnel at the agency or area levels, or prohibit or restrict the right of a tribe to contract the investigative program under the authority of Public Law 93–638 or to maintain its own criminal investigative operations. (ii) At the end of one year following the date of establishment of the separate Branch of Criminal Investigations, any tribe may, by resolution of the governing body of the tribe, request the Secretary to reestablish line authority through the Agency Superintendent or Bureau of Indian Affairs Area Office Director. In the absence of good cause to the contrary, the Secretary, upon receipt of such 104 STAT. 475resolution, shall reestablish the line authority as requested by the tribe. (e) (1) The Secretary shall establish appropriate standards of education, experience, training, and other relevant qualifications for law enforcement personnel of the Division of Law Enforcement Services who are charged with law enforcement responsibilities pursuant to section 4. (2) The Secretary shall also provide for the classification of such positions within the Division of Law Enforcement Services at GS grades, as provided in section 5104 of title 5, United States Code, consistent with the responsibilities and duties assigned to such positions and with the qualifications established for such positions. (3) In classifying positions in the Division of Law Enforcement Services under paragraph (2), the Secretary shall ensure that such positions are classified at GS grades comparable to those for other Federal law enforcement personnel in other Federal Agencies in light of the responsibilities, duties, and qualifications required of such positions.
law enforcement authority Sec. 4. The Secretary may charge employees of the Bureau with

25 USC 2803.

 law enforcement responsibilities and may authorize those employees to— (1) carry firearms; (2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of— (A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary), or (B) an Indian tribe if authorized by the Indian tribe; (3) make an arrest without a warrant for an offense committed in Indian country if— (A) the offense is committed in the presence of the employee, or (B) the offense is a felony and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the felony; (4) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States; (5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws; (6) wear a prescribed uniform and badge or carry prescribed credentials; (7) perform any other law enforcement related duty; and (8) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.
104 STAT. 476
assistance by other agencies Sec. 5.

Contracts.

25 USC 2804.

 (a) The Secretary may enter into an agreement for the use (with or without reimbursement) of the personnel or facilities of a Federal, tribal, State, or other government agency to aid in the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the Secretary to enforce tribal laws. The Secretary may authorize a law enforcement officer of such an agency to perform any activity the Secretary may authorize under section 4. (b) Any agreement entered into under this section relating to the enforcement of the criminal laws of the United States shall be in accord with any agreement between the Secretary and the Attorney General of the United States. (c) The Secretary may not use the personnel of a non-Federal agency under this section in an area of Indian country if the Indian tribe having jurisdiction over such area of Indian country has adopted a resolution objecting to the use of the personnel of such agency. The Secretary shall consult with Indian tribes before entering into any agreement under subsection (a) with a non-Federal agency that will provide personnel for use in any area under the jurisdiction of such Indian tribes. (d) Notwithstanding the provisions of section 1535 of title 31, United States Code, the head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with the Secretary under subsection (a). (e) The head of a Federal agency with law enforcement personnel or facilities may enter into an agreement (with or without reimbursement) with an Indian tribe relating to— (1) the law enforcement authority of the Indian tribe, or (2) the carrying out of a law of either the United States or the Indian tribe. (f) While acting under authority granted by the Secretary under subsection (a), a person who is not otherwise a Federal employee shall be considered to be— (1) an employee of the Department of the Interior only for purposes of— (A) the provisions of law described in section 3374(c)(2) of title 5, United States Code, and (B) sections 111 and 1114 of title 18, United States Code, and (2) an eligible officer under subchapter III of chapter 81 of title 5, United States Code.
regulations Sec. 6.

25 USC 2805.

 After consultation with the Attorney General of the United States, the Secretary may prescribe under this Act regulations relating to the enforcement of criminal laws of the United States and regulations relating to the consideration of applications for contracts awarded under the Indian Self-Determination Act to per-form the functions of the Branch of Criminal Investigations.
jurisdiction Sec. 7.

25 USC 2806.

 (a) The Secretary shall have investigative jurisdiction over offenses against criminal laws of the United States in Indian coun-104 STAT. 477try subject to an agreement between the Secretary and the Attorney General of the United States. (b) In exercising the investigative authority conferred by this section, the employees of the Bureau shall cooperate with the law enforcement agency having primary investigative jurisdiction over the offense committed. (c) This Act does not invalidate or diminish any law enforcement commission or other delegation of authority issued under the authority of the Secretary before the date of enactment of this Act. (d) The authority provided by this Act is in addition to, and not in derogation of, any authority that existed before the enactment of this Act. The provisions of this Act alter neither the civil or criminal jurisdiction of the United States, Indian tribes, States, or other political subdivisions or agencies, nor the law enforcement, investigative, or judicial authority of any Indian tribe, State, or political subdivision or agency thereof, or of any department, agency, court, or official of the United States other than the Secretary.
uniform allowance Sec. 8. Notwithstanding the limitation in section 5901(a) of title 5,

25 USC 2807.

 United States Code, the Secretary may provide a uniform allowance for uniformed law enforcement officers under section 4 of this Act of not more than $400 a year.
source of funds Sec. 9. Any expenses incurred by the Secretary under this Act

25 USC 2808.

 shall be paid from funds appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13).
reports to tribes Sec. 10. (a) In any case in which law enforcement officials of the

25 USC 2809.

 Bureau or the Federal Bureau of Investigation decline to initiate an investigation of a reported violation of Federal law in Indian country, or terminate such an investigation without referral for prosecution, such officials are authorized to submit a report to the appropriate governmental and law enforcement officials of the Indian tribe involved that states, with particularity, the reason or reasons why the investigation was declined or terminated. (b) In any case in which a United States attorney declines to prosecute an alleged violation of Federal criminal law in Indian country referred for prosecution by the Federal Bureau of Investigation or the Bureau, or moves to terminate a prosecution of such an alleged violation, the United States attorney is authorized to submit a report to the appropriate governmental and law enforcement officials of the Inman tribe involved that states, with particularity, the reason or reasons why the prosecution was declined or terminated. (c) In any case— (1) in which the alleged offender is an Indian, and (2) for which a report is submitted under subsection (a) or (b), the report made to the Indian tribe may include the case file, including evidence collected and statements taken, which might support an investigation or prosecution of a violation of tribal law. (d) Nothing in this section shall require any Federal agency or official to transfer or disclose any confidential or privileged commu-104 STAT. 478nication, information, or sources to the officials of any Indian tribe. Federal agencies authorized to make reports pursuant to this section shall, by regulations, adopt standards for the protection of such communications, information, or sources.
eastern band of cherokee indians Sec. 11. Notwithstanding any other provision of law, the Eastern Band of Cherokee Indians is hereby authorized to sell and transfer, without further approval of the United States, all its interests in the business operating as Carolina Mirror Inc., including lands, lease-hold interests, and improvements which are located in Wilkes County, North Carolina, and Harris County, Texas. Nothing in this section is intended to authorize the Band to sell any Eastern Cherokee lands which are held in trust by the United States or any lands comprising the Eastern Cherokee Indian Reservation.
alaska natives commission Sec. 12.

42 USC 2991a note.

 (a) (1) The Congress has conducted a preliminary review of the social and economic circumstances of Alaska Natives and of governmental policies and programs affecting Alaska Natives and finds that— (A) in this period of rapid cultural change, there is, among Alaska Natives, a growing social and economic crisis characterized by, among other things, alcohol abuse and violence, grave health problems, low levels of educational achievement, joblessness, a lack of employment opportunities, and a growing dependency upon transfer payments; (B) these conditions exist even though public policies and programs adopted in recent decades have been intended to assist Alaska Natives in protecting their traditional cultures and subsistence economies and in encouraging economic self-sufficiency and individual, group, village, and regional self-determination; and (C) Alaska Natives and the State of Alaska have expressed a need for a review of public policies and programs and a desire to make such policies and programs more effective in accomplishing their intentions. (2) The Congress hereby declares that it is timely and essential to conduct, in cooperation with the State of Alaska and with the participation of Alaska Natives, a comprehensive review of Federal and State policies and programs affecting Alaska Natives in order to identify specific actions that may be taken by the United States and the State of Alaska to help assure that public policy goals are more fully realized among Alaska Natives. (b)

Establishment.

 (1) There is hereby established a Commission to be known as the “Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives” (hereafter referred to in this section as the “Commission”). (2)

President.

 (A) The Commission shall consist of the following members: (i) seven individuals appointed by the President, at least three of whom shall be Alaska Natives and not more than two of whom may be officers or employees of the Federal Government, (ii) seven individuals appointed by the Governor of the State of Alaska, 104 STAT. 479 (iii) the president of the senate of the State of Alaska or a designated representative of such president, (iv) the speaker of the house of representatives of the State of Alaska or a designated representative of such speaker, (v) the chairman of the Select Committee on Indian Affairs of the Senate or a designated representative of such chairman, (vi) the ranking minority member of the Select Committee on Indian Affairs of the Senate or a designated representative of such member, (vii) the chairman of the Committee on Energy and Natural Resources of the Senate or a designated representative of such chairman, (viii) the ranking minority member of the Committee on Energy and Natural Resources of the Senate or a designated representative of such member, (ix) the chairman of the Committee on Interior and Insular Affairs of the House of Representatives or a designated representative of such chairman, (x) the ranking minority member of the Committee on Interior and Insular Affairs of the House of Representatives or a designated representative of such member, and (xi) each Member of Congress who represents the people of the State of Alaska and is not described in any of the preceding paragraphs, or a designated representative of such Member. (B) The Commission shall hold its first meeting by no later than the date that is thirty days after the date on which all members of the Commission who are to be appointed have been appointed. (C) Each member of the Commission who is appointed to the Commission under clause (i) or (ii) of subparagraph (A) shall be entitled to one vote which shall be equal to the vote of every other member of the Commission who is appointed to the Commission under clause (i) or (ii) of subparagraph (A). The members of the Commission described in a clause of subparagraph (A) other than clause (i) or (ii) shall be ex officio, nonvoting members of the Commission. (D) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (E) In making appointments to the Commission, the President and the Governor of Alaska shall give careful consideration to recommendations received from Alaska Native village, regional, and State organizations. (F) At the time appointments are made under subparagraph (A), the President shall designate an individual appointed under subparagraph (A)(i) to be cochairman of the Commission and the Governor of the State of Alaska shall designate an individual appointed under subparagraph (A)(ii) to be the other cochairman of the Commission. (G) Eight voting members of the Commission shall constitute a quorum for the transaction of business. (H) The Commission may adopt such rules (consistent with the other provisions of this section) as may be necessary to establish its procedures and to govern the manner of its operations, organization (including task forces), and personnel. (3) (A) Each member of the Commission not otherwise employed by the United States Government or the State of Alaska shall receive compensation at a rate equal to the daily rate for GS–18 of the 104 STAT. 480General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, such member is engaged in the actual performance of duties (including service on a task force) authorized by the Commission. (B) Except as provided in subparagraph (C), a member of the Commission who is otherwise an officer or employee of the United States Government or the State of Alaska shall serve on the Commission without additional compensation. (C) All members of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5, United States Code. (D) Notwithstanding the other provisions of this section, no individual appointed to the Commission by the Governor of the State of Alaska under paragraph (2)(A)(ii) shall participate in the proceedings of the Commission, vote on business of the Commission, or receive any compensation or expense reimbursement under this section until the State of Alaska and the President have concluded an equitable agreement to share the expenses incurred by the Commission. In the event that such an agreement is not reached within a reasonable period of time, the members of the Commission described in any clause of subparagraph (A) of paragraph (2) other than clause (ii) shall proceed with the work of the Commission without the participation of the individuals appointed under paragraph (2)(A)(ii) and the quorum required for the transaction of the business of the Commission shall be 4 members of the Commission appointed under paragraph (2)(A)(i). (5) The principal office of the Commission shall be in the State of Alaska. (c) The Commission shall— (1) conduct a comprehensive study of— (A) the social and economic status of Alaska Natives, and (B) the effectiveness of those policies and programs of the United States, and of the State of Alaska, that affect Alaska Natives, (2) conduct public hearings on the subjects of such study, (3) recommend specific actions to the Congress and to the State of Alaska that— (A) help to assure that Alaska Natives have life opportunities comparable to other Americans, while respecting their unique traditions, cultures, and special status as Alaska Natives, (B) address, among other things, the needs of Alaska Natives for self-determination, economic self-sufficiency, improved levels of educational achievement, improved health status, and reduced incidence of social problems, (4) in developing those recommendations, respect the important cultural differences which characterize Alaska Native groups, (5) submit, by no later than the date that is eighteen months after the date of the first meeting of the Commission, a report on the study, together with the recommendations developed under paragraph (3), to the President, the Congress, the Governor of the State of Alaska, and the legislature of the State of Alaska, and 104 STAT. 481 (6) make such report available to Alaska Native villages and organizations and to the public. (d) (1) (A) Subject to such rules and regulations as may be adopted by the Commission, the co-chairmen of the Commission shall have the power to— (i) 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 of law, relating to the number, classification, and General Schedule rates) of an Executive Director of the Commission and of such other personnel as the cochairmen deem advisable to assist in the performance of the duties of 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; and (ii) procure, as authorized by section 3109 of title 5, United States Code, temporary and intermittent services to the same extent as is authorized by law for agencies in the executive branch, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay in effect for grade GS–18 of such General Schedule. (B) Service of an individual as a member of the Commission shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Commission, or as an employee of the Commission, shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or comparable provisions of Federal law. (2) (A) The Commission is authorized to— (i) hold such hearings and sit and act at such times, (ii) take such testimony, (iii) have such printing and binding done, (iv) enter into such contracts and other arrangements, (v) make such expenditures, and (vi) take such other actions, as the Commission may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission. (B) The Commission is authorized to establish task forces which include individuals appointed by the Commission who are not members of the Commission only for the purpose of gathering information on specific subjects identified by the Commission as requiring the knowledge and expertise of such individuals. Any task force established by the Commission shall be chaired by a voting member of the Commission who shall preside at any task force hearing authorized by the Commission. No compensation (other than compensation under subsection (b)(3)(A) to a member of the Commission) may be paid to members of a task force solely for their service on the task force, but the Commission may authorize the reimbursement of members of a task force for travel and per diem in lieu of subsistence expenses during the performance of duties while away from the home, or regular place of business, of the member, in accordance 104 STAT. 482with subchapter I of chapter 57 of title 5, United States Code. The Commission shall not authorize the appointment of personnel to act as staff for the task force, but may permit the use of Commission staff and resources by a task force for the purpose of compiling data and information. Such data and information shall be for the exclusive use of the Commission. (3)

Gifts and property.

 The Commission is authorized to accept gifts of property, services, or funds and to expend funds derived from sources other than the Federal Government, including the State of Alaska, private nonprofit organizations, corporations, or foundations which are determined appropriate and necessary to carry out the provisions of this section. (4) The provisions of the Federal Advisory Committee Act shall not apply to the Commission established under this section. (5) (A) The Commission is authorized to secure directly from any officer, department, agency, establishment, or instrumentality of the Federal Government such information as the Commission may require for the purpose of this section, and each such officer, department, agency, establishment, or instrumentality is authorized and directed to furnish, to the extent permitted by law, such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a cochairman of the Commission. (B) Upon the request of both cochairmen of the Commission, the head of any Federal department, agency, or instrumentality is authorized to make any of the facilities and services of such department, agency, or instrumentality available to the Commission and detail any of the personnel of such department, agency, or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out its duties under this section. (C) 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. (e) The Commission shall cease to exist on the date that is one hundred eighty days after the date on which the Commission submits the report required under subsection (c)(5). All records, documents, and materials of the Commission shall be transferred to the National Archives and Records Administration on the date on which the Commission ceases to exist. (f)

Appropriation authorization.

 (1) There are authorized to be appropriated to the Commission $700,000 to carry out the provisions of this section. Such sum shall remain available, without fiscal year limitation, until expended. (2) Until funds are appropriated under the authority of paragraph (1), salaries and other expenses incurred by the Commission shall be paid from the contingent fund of the Senate upon vouchers 104 STAT. 483approved by the cochairman of the Commission. The total amount of funds paid from such contingent fund shall be reimbursed to such contingent fund from funds appropirated under the authority of paragraph (1).
Approved August 18, 1990.
LEGISLATIVE HISTORY—H.R. 498: HOUSE REPORTS: No. 101–60 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–167 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD:

Vol. 135 (1989): May 23, considered and passed House.

Nov. 17, considered and passed Senate, amended.

Vol. 136 (1990): Aug. 1, House concurred in Senate amendment with amendments.

Aug. 4, Senate concurred in House amendments.

 Public Law 101–380: To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and for other purposes. Public Law 380 Public Law 101–380 104 Stat. 484 1990-08-18 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 2025-06-19 101 public 104 STAT. 484 Public Law 101–380 101st Congress
An Act To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and for other purposes.

Aug. 18, 1990

[H.R. 1465]

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

Oil Pollution Act of 1990.

Maritime affairs.

Environmental protection.

33 USC 2701 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Oil Pollution Act of 1990”.
SEC. 2. TABLE OF CONTENTS. The contents of this Act are as follows: TITLE I— Sec. 1001. Sec. 1002. Sec. 1003. Sec. 1004. Sec. 1005. Sec. 1006. Sec. 1007. Sec. 1008. Sec. 1009. Sec. 1010. Sec. 1011. Sec. 1012. Sec. 1013. Sec. 1014. Sec. 1015. Sec. 1016. Sec. 1017. Sec. 1018. Sec. 1019. Sec. 1020. TITLE II— Sec. 2001. Sec. 2002. Sec. 2003. Sec. 2004. TITLE III— Sec. 3001. Sec. 3002. Sec. 3003. Sec. 3004. Sec. 3005. TITLE IV— Subtitle A— Sec. 4101. Sec. 4102. Sec. 4103. 104 STAT. 485 Sec. 4104. Sec. 4105. Sec. 4106. Sec. 4107. Sec. 4108. Sec. 4109. Sec. 4110. Sec. 4111. Sec. 4112. Sec. 4113. Sec. 4114. Sec. 4115. Sec. 4116. Sec. 4117. Sec. 4118. Subtitle B— Sec. 4201. Sec. 4202. Sec. 4203. Sec. 4204. Sec. 4205. Subtitle C— Sec. 4301. Sec. 4302. Sec. 4303. Sec. 4304. Sec. 4305. Sec. 4306. TITLE V— Sec. 5001. Sec. 5002. Sec. 5003. Sec. 5004. Sec. 5005. Sec. 5006. Sec. 5007. TITLE VI— Sec. 6001. Sec. 6002. Sec. 6003. Sec. 6004. TITLE VII— Sec. 7001. TITLE VIII— Sec. 8001. Subtitle A— Sec. 8101. Sec. 8102. Sec. 8103. Subtitle B— Sec. 8201. Sec. 8202. Subtitle C— Sec. 8301. Sec. 8302. 104 STAT. 486 TITLE IX— Sec. 9001. Sec. 9002.
<num value="I">TITLE I—</num> <heading class="inline">OIL POLLUTION LIABILITY AND COMPENSATION</heading> <section> <num value="1001">Sec. 1001. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2701">33 USC 2701</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>For the purposes of this Act, the term—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“barrel” means 42 United States gallons at 60 degrees fahrenheit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“claimant” means any person or government who presents a claim for compensation under this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“damages” means damages specified in section 1002(b) of this Act, and includes the cost of assessing these damages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“deepwater port” is a facility licensed under the Deep-water Port Act of 1974 (33 U.S.C. 1501–1524);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>“discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>“exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>“facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>“foreign offshore unit” means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental shelf;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>“Fund” means the Oil Spill Liability Trust Fund, established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>“gross ton” has the meaning given that term by the Secretary under part J of title 46, United States Code;</content> </paragraph> <page identifier="/us/stat/104/487">104 STAT. 487</page> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>“guarantor” means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>“incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>“Indian tribe” means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>“lessee” means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>“liable” or “liability” shall be construed to be the standard of liability which obtains under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>“mobile offshore drilling unit” means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>“National Contingency Plan” means the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act, as amended by this Act, or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>“natural resources” includes land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone), any State or local government or Indian tribe, or any foreign government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>“navigable waters” means the waters of the United States, including the territorial sea;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>“offshore facility” means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>“oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>“onshore facility” means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;</content> </paragraph> <page identifier="/us/stat/104/488">104 STAT. 488</page> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>the term “Outer Continental Shelf facility” means an offshore facility which is located, in whole or in part, on the Outer Continental Shelf and is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the Outer Continental Shelf;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>“owner or operator” means (A) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>“person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="28">(28) </num> <content>“permittee” means a person holding an authorization, license, or permit for geological exploration issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or applicable State law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="29">(29) </num> <content>“public vessel” means a vessel owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel is engaged in commerce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">(30) </num> <content>“remove” or “removal” means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">(31) </num> <content>“removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">(32) </num> <chapeau>“responsible party” means the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Vessels</inline>.—</heading> <content>In the case of a vessel, any person owning, operating, or demise chartering the vessel.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Onshore facilities</inline>.—</heading> <content>In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body, that as the owner transfers possession and right to use the property to another person by lease, assignment, or permit.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading class="inline"><inline class="smallCaps">Offshore facilities</inline>.—</heading> <content>In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301–1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a Federal agency, State, municipality, commission, or political subdivision of a State, or any interstate body, that as <page identifier="/us/stat/104/489">104 STAT. 489</page>owner transfers possession and right to use the property to another person by lease, assignment, or permit.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading class="inline"><inline class="smallCaps">Deepwater ports</inline>.—</heading> <content>In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524), the licensee.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <heading class="inline"><inline class="smallCaps">Pipelines</inline>.—</heading> <content>In the case of a pipeline, any person owning or operating the pipeline.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <heading class="inline"><inline class="smallCaps">Abandonment</inline>.—</heading> <content>In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">(33) </num> <content>“Secretary” means the Secretary of the department in which the Coast Guard is operating;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">(34) </num> <chapeau class="inline">“tank vessel” means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is a vessel of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>operates on the navigable waters; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>transfers oil or hazardous material in a place subject to the jurisdiction of the United States;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">(35) </num> <content>“territorial seas” means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="36">(36) </num> <content>“United States” and “State” mean the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="37">(37) </num> <content>“vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel.</content> </paragraph> </section> <section> <num value="1002">SEC. 1002. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2702">33 USC 2702</ref>.</p></sidenote> <heading class="inline">ELEMENTS OF LIABILITY.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Covered Removal Costs and Damages</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Removal costs</inline>.—</heading> <chapeau>The removal costs referred to in subsection (a) are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>all removal costs incurred by the United States, a <sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p><p class="indent0 firstIndent0 fontsize8">Indians.</p></sidenote>State, or an Indian tribe under subsection (c), (d), (e), or (1) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, under the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Damages</inline>.—</heading> <chapeau>The damages referred to in subsection (a) are the following:</chapeau> <page identifier="/us/stat/104/490">104 STAT. 490</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Natural resources</inline>.—</heading> <content>Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Real or personal property</inline>.—</heading> <content>Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading class="inline"><inline class="smallCaps">Subsistence use</inline>.—</heading> <content>Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading class="inline"><inline class="smallCaps">Revenues</inline>.—</heading> <content>Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <heading class="inline"><inline class="smallCaps">Profits and earning capacity</inline>.—</heading> <content>Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <heading class="inline"><inline class="smallCaps">Public services</inline>.—</heading> <content>Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Excluded Discharges</inline>.—</heading> <chapeau>This title does not apply to any discharge—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>permitted by a permit issued under Federal, State, or local law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>from a public vessel; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>from an onshore facility which is subject to the Trans--Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Liability of Third Parties</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Third party treated as responsible party</inline>.—</heading> <content>Except as provided in subparagraph (B), in any case in which a responsible party establishes that a discharge or threat of a discharge and the resulting removal costs and damages were caused solely by an act or omission of one or more third parties described in section 1003(a)(3) (or solely by such an act or omission in combination with an act of God or an act of war), the third party or parties shall be treated as the responsible party or parties for purposes of determining liability under this title.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Subrogation of responsible party</inline>.—</heading> <chapeau>If the responsible party alleges that the discharge or threat of a discharge was caused solely by an act or omission of a third party, the responsible party—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>in accordance with section 1013, shall pay removal costs and damages to any claimant; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>shall be entitled by subrogation to all rights of the United States Government and the claimant to recover <page identifier="/us/stat/104/491">104 STAT. 491</page>removal costs or damages from the third party or the Fund paid under this subsection.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Limitation applied</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Owner or operator of vessel or facility</inline>.—</heading> <content>If the act or omission of a third party that causes an incident occurs in connection with a vessel or facility owned or operated by the third party, the liability of the third party shall be subject to the limits provided in section 1004 as applied with respect to the vessel or facility.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Other cases</inline>.—</heading> <content>In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the responsible party of the vessel or facility from which the discharge actually occurred if the responsible party were liable.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="1003">SEC. 1003. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2703">33 USC 2703</ref>.</p></sidenote> <heading class="inline">DEFENSES TO LIABILITY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Complete Defenses</inline>.—</heading> <chapeau>A responsible party is not liable for removal costs or damages under section 1002 if the responsible party establishes, by a preponderance of the evidence, that the discharge or substantial threat of a discharge of oil and the resulting damages or removal costs were caused solely by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an act of God;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an act of war;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">an act or omission of a third party, other than an employee or agent of the responsible party or a third party whose act or omission occurs in connection with any contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the responsible party establishes, by a preponderance of the evidence, that the responsible party—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any combination of paragraphs (1), (2), and (3).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">DefensesAs To Particular Claimants</inline>.—</heading> <content>A responsible party is not liable under section 1002 to a claimant, to the extent that the incident is caused by the gross negligence or willful misconduct of the claimant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Limitation on Complete Defense</inline>.—</heading> <chapeau>Subsection (a) does not apply with respect to a responsible party who fails or refuses—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to report the incident as required by law if the responsible party knows or has reason to know of the incident;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).</content> </paragraph> </subsection> </section> <section> <num value="1004">SEC. 1004. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2704">33 USC 2704</ref>.</p></sidenote> <heading class="inline">LIMITS ON LIABILITY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau class="inline">Except as otherwise provided in this section, the total of the liability of a responsible party under section 1002 <page identifier="/us/stat/104/492">104 STAT. 492</page>and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">for a tank vessel, the greater of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>$1,200 per gross ton; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">in the case of a vessel greater than 3,000 gross tons, $10,000,000; or</content></clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>in the case of a vessel of 3,000 gross tons or less, $2,000,000;</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for any other vessel, $600 per gross ton or $500,000, whichever is greater;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for an onshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for any onshore facility and a deepwater port, $350,000,000.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Division of Liability for Mobile Offshore Drilling Units</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Treated first as tank vessel</inline>.—</heading> <content>For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Treated as facility for excess liability</inline>.—</heading> <content>To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Acts of responsible party</inline>.—</heading> <chapeau>Subsection (a) does not apply if the incident was proximately caused by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>gross negligence or willful misconduct of, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the violation of an applicable Federal safety, construction, or operating regulation by,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail).</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Failure or refusal of responsible party</inline>.—</heading> <chapeau>Subsection (a) does not apply if the responsible party fails or refuses—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to report the incident as required by law and the responsible party knows or has reason to know of the incident;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline">OCS <inline class="smallCaps">facility or vessel</inline>.—</heading> <content>Notwithstanding the limitations established under subsection (a) and the defenses of section 1003, all removal costs incurred by the United States Government or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any <page identifier="/us/stat/104/493">104 STAT. 493</page>Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Adjusting Limits of Liability</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Onshore facilities</inline>.—</heading> <content>Subject to paragraph (2), the President may establish by regulation, with respect to any class or category of onshore facility, a limit of liability under this section of less than $350,000,000, but not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed by the class or category of facility.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Deepwater ports and associated vessels</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <content>The Secretary shall conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502)) versus the transportation of oil by vessel to other ports. The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practices, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under subparagraph (A).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading class="inline"><inline class="smallCaps">Rulemaking proceeding</inline>.—</heading> <content>If the Secretary determines, based on the results of the study conducted under this subparagraph (A), that the use of deepwater ports in connection with the transportation of oil by vessel results in a lower operational or environmental risk than the use of other ports, the Secretary shall initiate, not later than the 180th day following the date of submission of the report to the Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under this section for deepwater ports as the Secretary determines appropriate. The Secretary may establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in accordance with paragraph (1).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Periodic reports</inline>.—</heading> <content>The President shall, within 6 months <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>after the date of the enactment of this Act, and from time to time thereafter, report to the Congress on the desirability of adjusting the limits of liability specified in subsection (a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Adjustment to reflect consumer price index</inline>.—</heading> <content>The <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>President shall, by regulations issued not less often than every 3 years, adjust the limits of liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.</content> </paragraph> </subsection> </section> <section> <num value="1005">SEC. 1005. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2705">33 USC 2705</ref>.</p></sidenote> <heading class="inline">INTEREST.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <content>The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Period</inline>.—</heading> <page identifier="/us/stat/104/494">104 STAT. 494</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Exclusion of period due to offer by guarantor</inline>.—</heading> <content>If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under section 1013(a), the period described in paragraph (1) does not include any period before the offer is accepted.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Exclusion of periods in interests of justice</inline>.—</heading> <content>If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall accrue under this section during that period.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Calculation of interest</inline>.—</heading> <content>The interest paid under this section shall be calculated at the average of the highest rate for commercial and finance company paper of maturities of 180 days or less obtaining on each of the days included within the period for which interest must be paid to the claimant, as published in the Federal Reserve Bulletin.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Interest not subject to liability limits</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Interest (including prejudgment interest) under this paragraph is in addition to damages and removal costs for which claims may be asserted under section 1002 and shall be paid without regard to any limitation of liability under section 1004.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Payment by guarantor</inline>.—</heading> <content>The payment of interest under this subsection by a guarantor is subject to section 1016(g).</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="1006">SEC. 1006. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2706">33 USC 2706</ref>.</p></sidenote> <heading class="inline">NATURAL RESOURCES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Liability</inline>.—</heading> <chapeau>In the case of natural resource damages under section 1002(b)(2)(A), liability shall be—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p></sidenote> <content>to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Indians.</p></sidenote> <content>to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in any case in which section 1007 applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Designation of Trustees</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S. Claims.</p></sidenote> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.</content> </paragraph> <page identifier="/us/stat/104/495">104 STAT. 495</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Federal trustees</inline>.—</heading> <content>The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">State trustees</inline>.—</heading> <content>The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Indian tribe trustees</inline>.—</heading> <content>The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Foreign trustees</inline>.—</heading> <content>The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Functions of Trustees</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Federal trustees</inline>.—</heading> <chapeau>The Federal officials designated under subsection (b)(2)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall assess natural resource damages under section 1002(b)(2)(A) for the natural resources under their trusteeship;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials’ discretion, assess damages for the natural resources under the State’s or tribe’s trusteeship; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">State trustees</inline>.—</heading> <chapeau>The State and local officials designated under subsection (b)(3)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Indian tribe trustees</inline>.—</heading> <chapeau>The tribal officials designated under subsection (b)(4)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Foreign trustees</inline>.—</heading> <chapeau>The trustees designated under subsection (b)(5)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall assess natural resource damages under section 1002(b)(2)(A) for the purposes of this Act for the natural resources under their trusteeship; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Notice and opportunity to be heard</inline>.—</heading> <content>Plans shall be developed and implemented under this section only after ade-<page identifier="/us/stat/104/496">104 STAT. 496</page>quate public notice, opportunity for a hearing, and consideration of all public comment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Measure of Damages</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The measure of natural resource damages under section 1002(b)(2)(A) is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the diminution in value of those natural resources pending restoration; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the reasonable cost of assessing those damages.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Determine costs with respect to plans</inline>.—</heading> <content>Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">No double recovery</inline>.—</heading> <content>There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading class="inline"><inline class="smallCaps">Damage Assessment Regulations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Regulations</inline>.—</heading> <content>The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after the date of the enactment of this Act, shall promulgate regulations for the assessment of natural resource damages under section 1002(b)(2)(A) resulting from a discharge of oil for the purpose of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Rebuttable presumption</inline>.—</heading> <content>Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Use of Recovered Sums</inline>.—</heading> <content>Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under section 1002(b)(2)(A) shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Compliance</inline>.—</heading> <content>Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law.</content> </subsection> </section> <section> <num value="1007">SEC. 1007. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2707">33 USC 2707</ref>.</p></sidenote> <heading class="inline">RECOVERY BY FOREIGN CLAIMANTS.</heading> <subsection class="indent0 fontsize10" ><num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Required Showing by Foreign Claimants</inline>.—</heading> <page identifier="/us/stat/104/497">104 STAT. 497</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>In addition to satisfying the other requirements of this Act, to recover removal costs or damages resulting from an incident a foreign claimant shall demonstrate that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the claimant has not been otherwise compensated for the removal costs or damages; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>recovery is authorized by a treaty or executive agreement between the United States and the claimant’s country, or the Secretary of State, in consultation with the Attorney General and other appropriate officials, has certified that the claimant’s country provides a comparable remedy for United States claimants.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <content>Paragraph (1)(B) shall not apply with respect <sidenote><p class="indent0 firstIndent0 fontsize8">Canada.</p></sidenote>to recovery by a resident of Canada in the case of an incident described in subsection (b)(4).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Discharges in Foreign Countries</inline>.—</heading> <chapeau>A foreign claimant may make a claim for removal costs and damages resulting from a discharge, or substantial threat of a discharge, of oil in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country, only if the discharge is from—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an Outer Continental Shelf facility or a deepwater port;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a vessel in the navigable waters;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a vessel carrying oil as cargo between 2 places in the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a tanker that received the oil at the terminal of the pipeline constructed under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), for transportation to a place in the United States, and the discharge or threat occurs prior to delivery of the oil to that place.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Foreign Claimant Defined</inline>.—</heading> <chapeau>In this section, the term “foreign claimant” means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a person residing in a foreign country;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the government of a foreign country; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an agency or political subdivision of a foreign country.</content> </paragraph> </subsection> </section> <section> <num value="1008">SEC. 1008. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2708">33 USC 2708</ref>.</p></sidenote> <heading class="inline">RECOVERY BY RESPONSIBLE PARTY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 1013 only if the responsible party demonstrates that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the responsible party is entitled to a defense to liability under section 1003; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the responsible party is entitled to a limitation of liability under section 1004.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Extent of Recovery</inline>.—</heading> <content>A responsible party who is entitled to a limitation of liability may assert a claim under section 1013 only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 1013 exceeds the amount to which the total of the liability under section 1002 and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 1004.</content> </subsection> </section> <section> <num value="1009">SEC. 1009. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2709">33 USC 2709</ref>.</p></sidenote> <heading class="inline">CONTRIBUTION.</heading> <content>A person may bring a civil action for contribution against any other person who is liable or potentially liable under this Act or <page identifier="/us/stat/104/498">104 STAT. 498</page>another law. The action shall be brought in accordance with section 1017.</content> </section> <section> <num value="1010">SEC. 1010. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2710">33 USC 2710</ref>.</p></sidenote> <heading class="inline">INDEMNIFICATION AGREEMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Agreements Not Prohibited</inline>.—</heading> <content>Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Liability Not Transferred</inline>.—</heading> <content>No indemnification, hold harmless, or similar agreement or conveyance shall be effective to trans-fer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Relationship To Other Causes of Action</inline>.—</heading> <content>Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by reason of subrogation or otherwise, against any person.</content> </subsection> </section> <section> <num value="1011">SEC. 1011. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S. State and local governments.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2711">33 USC 2711</ref>.</p></sidenote> <heading class="inline">CONSULTATION ON REMOVAL ACTIONS.</heading> <content>The President shall consult with the affected trustees designated under section 1006 on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.</content> </section> <section> <num value="1012">SEC. 1012. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2712">33 USC 2712</ref>.</p></sidenote> <heading class="inline">USES OF THE FUND.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Uses Generally</inline>.—</heading> <chapeau>The Fund shall be available to the President for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">the payment of removal costs, including the costs of monitoring removal actions, determined by the President to be consistent with the National Contingency Plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by Federal authorities; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by a Governor or designated State official under subsection (d);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the payment of costs incurred by Federal, State, or Indian tribe trustees in carrying out their functions under section 1006 for assessing natural resource damages and for developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of damaged resources determined by the President to be consistent with the National Contingency Plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the payment of removal costs determined by the President to be consistent with the National Contingency Plan as a result of, and damages resulting from, a discharge, or a substantial threat of a discharge, of oil from a foreign offshore unit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the payment of claims in accordance with section 1013 for uncompensated removal costs determined by the President to be consistent with the National Contingency Plan or uncompensated damages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">the payment of Federal administrative, operational, and personnel costs and expenses reasonably necessary for and incidental to the implementation, administration, and enforcement of this Act (including, but not limited to, sections 1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and <page identifier="/us/stat/104/499">104 STAT. 499</page>title VII) and subsections (b), (c), (d), (j), and (1) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), as amended by this Act, with respect to prevention, removal, and enforcement related to oil discharges, provided that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">not more than $25,000,000 in each fiscal year shall be <sidenote><p class="indent0 firstIndent0 fontsize8">Uniformed services.</p></sidenote>available to the Secretary for operating expenses incurred by the Coast Guard;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">not more than $30,000,000 each year through the end of fiscal year 1992 shall be available to establish the National Response System under section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, including the purchase and prepositioning of oil spill removal equipment; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">not more than $27,250,000 in each fiscal year shall be available to carry out title VII of this Act.</content></subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Defense to Liability for Fund</inline>.—</heading> <content class="inline">The Fund shall not be available to pay any claim for removal costs or damages to a particular claimant, to the extent that the incident, removal costs, or damages are caused by the gross negligence or willful misconduct of that claimant.</content></subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Obligation of Fund by Federal Officials</inline>.—</heading> <content class="inline">The President may promulgate regulations designating one or more Federal officials who may obligate money in accordance with subsection (a).</content></subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Access to Fund by State Officials</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Immediate removal</inline>.—</heading> <content>In accordance with regulations promulgated under this section, the President, upon the request of the Governor of a State or pursuant to an agreement with a State under paragraph (2), may obligate the Fund for payment in an amount not to exceed $250,000 for removal costs consistent with the National Contingency Plan required for the immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a discharge, of oil.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Agreements</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The President shall enter into an agreement with the Governor of any interested State to establish procedures under which the Governor or a designated State official may receive payments from the Fund for removal costs pursuant to paragraph (1).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Terms</inline>.—</heading> <chapeau>Agreements under this paragraph—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>may include such terms and conditions as may be agreed upon by the President and the Governor of a State;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>shall provide for political subdivisions of the State to receive payments for reasonable removal costs; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>may authorize advance payments from the Fund to facilitate removal efforts.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Regulations</inline>.—</heading> <chapeau class="inline">The President shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>not later than 6 months after the date of the enactment of this Act, publish proposed regulations detailing the manner in which the authority to obligate the Fund and to enter into agreements under this subsection shall be exercised; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>not later than 3 months after the close of the comment period for such proposed regulations, promulgate final regulations for that purpose.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Rights of Subrogation</inline>.—</heading> <content class="inline">Payment of any claim or obligation by the Fund under this Act shall be subject to the United States <page identifier="/us/stat/104/500">104 STAT. 500</page>Government acquiring by subrogation all rights of the claimant or State to recover from the responsible party.</content></subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Audits</inline>.—</heading> <content class="inline">The Comptroller General shall audit all payments, obligations, reimbursements, and other uses of the Fund, to assure that the Fund is being properly administered and that claims are <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>being appropriately and expeditiously considered. The Comptroller General shall submit to the Congress an interim report one year after the date of the enactment of this Act. The Comptroller General shall thereafter audit the Fund as is appropriate. Each Federal agency shall cooperate with the Comptroller General in carrying out this subsection.</content></subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Period of Limitations for Claims</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Removal costs</inline>.—</heading> <content>No claim may be presented under this title for recovery of removal costs for an incident unless the claim is presented within 6 years after the date of completion of all removal actions for that incident.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Damages</inline>.—</heading> <content>No claim may be presented under this section for recovery of damages unless the claim is presented within 3 years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care, or in the case of natural resource damages under section 1002(b)(2)(A), if later, the date of completion of the natural resources damage assessment under section 1006(e).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Minors and incompetents</inline>.—</heading> <chapeau>The time limitations contained in this subsection shall not begin to run—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for the minor, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for the incompetent.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Limitation on Payment for Same Costs</inline>.—</heading> <content class="inline">In any case in which the President has paid an amount from the Fund for any removal costs or damages specified under subsection (a), no other claim may be paid from the Fund for the same removal costs or damages.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Obligation in Accordance With Plan</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Except as provided in paragraph (2), amounts may be obligated from the Fund for the restoration, rehabilitation, replacement, or acquisition of natural resources only in accordance with a plan adopted under section 1006(c).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content>Paragraph (1) shall not apply in a situation requiring action to avoid irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or similar need for emergency action.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="k">(k) </num> <heading class="inline"><inline class="smallCaps">Preference for Private Persons in Area Affected by discharge</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>In the expenditure of Federal funds for removal of oil, including for distribution of supplies, construction, and other reasonable and appropriate activities, under a contract or agreement with a private person, preference shall be given, to the extent feasible and practicable, to private persons residing or doing business primarily in the area affected by the discharge of oil.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content class="inline">This subsection shall not be considered to restrict the use of Department of Defense resources.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/501">104 STAT. 501</page> <section> <num value="1013">SEC. 1013. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2713">33 USC 2713</ref>.</p></sidenote> <heading class="inline">CLAIMS PROCEDURE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Presentation</inline>.—</heading> <content>Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 1014(a).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Presentation to Fund</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Claims for removal costs or damages may be presented first to the Fund—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>if the President has advertised or otherwise notified claimants in accordance with section 1014(c);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by a responsible party who may assert a claim under section 1008;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by the Governor of a State for removal costs incurred by that State; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Limitation on presenting claim</inline>.—</heading> <content>No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Election</inline>.—</heading> <chapeau>If a claim is presented in accordance with subsection (a) and—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>each person to whom the claim is presented denies all liability for the claim, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 1014(b), which-ever is later,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Uncompensated Damages</inline>.—</heading> <content>If a claim is presented in accordance with this section and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Procedure for Claims Against Fund</inline>.—</heading> <content>The President shall <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund.</content> </subsection> </section> <section> <num value="1014">SEC. 1014. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2714">33 USC 2714</ref>.</p></sidenote> <heading class="inline">DESIGNATION OF SOURCE AND ADVERTISEMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Designation of Source and Notification</inline>.—</heading> <content>When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Advertisement by Responsible Party or Guarantor</inline>.—</heading> <content>If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party’s or the guarantor’s denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President <page identifier="/us/stat/104/502">104 STAT. 502</page>shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Advertisement by President</inline>.—</heading> <chapeau>If—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a),</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the source of the discharge or threat was a public vessel, or (3) the President is unable to designate the source or sources of the discharge or threat under subsection (a),</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund.</continuation> </subsection> </section> <section> <num value="1015">SEC. 1015. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2715">33 USC 2715</ref>.</p></sidenote> <heading class="inline">SUBROGATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Actions on Behalf of Fund</inline>.—</heading> <content>At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 1016) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit.</content> </subsection> </section> <section> <num value="1016">SEC. 1016. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2716">33 USC 2716</ref>.</p></sidenote> <heading class="inline">FINANCIAL RESPONSIBILITY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Requirement</inline>.—</heading> <chapeau>The responsible party for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which, in the case of a tank vessel, the responsible party could be subject under section 1004 (a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004 (a)(2) or (d), in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maxi-mum liability applicable to the vessel having the greatest maximum liability.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Sanctions</inline>.—</heading> <page identifier="/us/stat/104/503">104 STAT. 503</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Withholding clearance</inline>.—</heading> <content>The Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Denying entry to or detaining vessels</inline>.—</heading> <chapeau>The Secretary may—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>deny entry to any vessel to any place in the United States, or to the navigable waters, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>detain at the place,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this section.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Seizure of vessel</inline>.—</heading> <content>Any vessel subject to the requirements of this section which is found in the navigable waters without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Offshore Facilities</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Except as provided in paragraph (2), each responsible party with respect to an offshore facility shall establish and maintain evidence of financial responsibility of $150,000,000 to meet the amount of liability to which the responsible party could be subjected under section 1004(a) in a case in which the responsible party would be entitled to limit liability under that section. In a case in which a person is the responsible party for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the maximum liability applicable to the facility having the greatest maximum liability.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Deepwater ports</inline>.—</heading> <content>Each responsible party with respect to a deepwater port shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 1004(a) of this Act in a case where the responsible party would be entitled to limit liability under that section. If the Secretary exercises the authority under section 1004(d)(2) to lower the limit of liability for deepwater ports, the responsible party shall establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability so established. In a case in which a person is the responsible party for more than one deepwater port, evidence of financial responsibility need be established only to meet the maximum liability applicable to the deepwater port having the greatest maximum liability.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Methods of Financial Responsibility</inline>.—</heading> <content>Financial responsibility under this section may be established by any one, or by any combination, of the following methods which the Secretary (in the case of a vessel) or the President (in the case of a facility) determines to be acceptable: evidence of insurance, surety bond, guarantee, letter of credit, qualification as a self-insurer, or other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. In promulgating requirements under this section, the Secretary or the President, as appropriate, may specify policy or other contractual terms, conditions, or defenses which are necessary, or which are unaccept-<page identifier="/us/stat/104/504">104 STAT. 504</page>able, in establishing evidence of financial responsibility to effectuate the purposes of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Claims Against Guarantor</inline>.—</heading> <content class="inline">Any claim for which liability may be established under section 1002 may be asserted directly against any guarantor providing evidence of financial responsibility for a responsible party liable under that section for removal costs and damages to which the claim pertains. In defending against such a claim, the guarantor may invoke (1) all rights and defenses which would be available to the responsible party under this Act, (2) any defense authorized under subsection (e), and (3) the defense that the incident was caused by the willful misconduct of the responsible party. The guarantor may not invoke any other defense that might be available in proceedings brought by the responsible party against the guarantor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Limitation on Guarantor’s Liability</inline>.—</heading> <content>Nothing in this Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate, the amount of financial responsibility required under this Act which that guarantor has provided for a responsible party.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Continuation of Regulations</inline>.—</heading> <content>Any regulation relating to financial responsibility, which has been issued pursuant to any provision of law repealed or superseded by this Act, and which is in effect on the date immediately preceding the effective date of this Act, is deemed and shall be construed to be a regulation issued pursuant to this section. Such a regulation shall remain in full force and effect unless and until superseded by a new regulation issued under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Unified Certificate</inline>.—</heading> <content>The Secretary may issue a single unified certificate of financial responsibility for purposes of this Act and any other law.</content> </subsection> </section> <section> <num value="1017">SEC. 1017. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2717">33 USC 2717</ref>.</p></sidenote> <heading class="inline">LITIGATION. JURISDICTION, AND VENUE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Review of Regulations</inline>.—</heading> <content>Review of any regulation promulgated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Jurisdiction</inline>.—</heading> <content>Except as provided in subsections (a) and (c), the United States district courts shall have exclusive original jurisdiction over all controversies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages occurred, or in which the defendant resides, may be found, has its principal office, or has appointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">State Court Jurisdiction</inline>.—</heading> <content>A State trial court of competent jurisdiction over claims for removal costs or damages, as defined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act.</content> </subsection> <page identifier="/us/stat/104/505">104 STAT. 505</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Assessment and Collection of Tax</inline>.—</heading> <content>The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other matter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under the Internal Revenue Code of 1986.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Savings Provision</inline>.—</heading> <content>Nothing in this title shall apply to any cause of action or right of recovery arising from any incident which occurred prior to the date of enactment of this title. Such claims shall be adjudicated pursuant to the law applicable on the date of the incident.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Period of Limitations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Damages</inline>.—</heading> <chapeau>Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the date on which the loss and the connection of the loss with the discharge in question are reasonably discoverable with the exercise of due care, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of natural resource damages under section l002(b)(2)(A), the date of completion of the natural resources damage assessment under section 1006(c).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Removal costs</inline>.—</heading> <content>An action for recovery of removal costs referred to in section 1002(b)(1) must be commenced within 3 years after completion of the removal action. In any such action described in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that will be binding on any subsequent action or actions to recover further removal costs or damages. Except as otherwise provided in this paragraph, an action may be commenced under this title for recovery of removal costs at any time after such costs have been incurred.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Contribution</inline>.—</heading> <chapeau>No action for contribution for any removal costs or damages may be commenced more than 3 years after—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the date of judgment in any action under this Act for recovery of such costs or damages, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the date of entry of a judicially approved settlement with respect to such costs or damages.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Subrogation</inline>.—</heading> <content>No action based on rights subrogated pursuant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Commencement</inline>.—</heading> <chapeau>The time limitations contained herein shall not begin to run—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="1018">SEC. 1018. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2718">33 USC 2718</ref>.</p></sidenote> <heading class="inline">RELATIONSHIP TO OTHER LAW.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Preservation of State Authorities; Solid Waste Disposal Act</inline>.—</heading> <chapeau>Nothing in this Act or the Act of March 3, 1851 shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from <page identifier="/us/stat/104/506">104 STAT. 506</page>imposing any additional liability or requirements with respect to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the discharge of oil or other pollution by oil within such State; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>any removal activities in connection with such a discharge; or</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Preservation of State Funds</inline>.—</heading> <chapeau>Nothing in this Act or in section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall in any way affect, or be construed to affect, the authority of any State—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to require any person to contribute to such a fund.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Additional Requirements and Liabilities; Penalties</inline>.—</heading> <chapeau>Nothing in this Act, the Act of March 3, 1851 (46 U.S.C. 183 et seq.), or section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to impose additional liability or additional requirements; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">relating to the discharge, or substantial threat of a discharge, of oil.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Federal Employee Liability</inline>.—</heading> <content>For purposes of section 2679(b)(2)(B) of title 28, United States Code, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer’s or employee’s personal or individual capacity for any act or omission while acting within the scope of the officer’s or employee’s office or employment.</content> </subsection> </section> <section> <num value="1019">SEC. 1019. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2719">33 USC 2719</ref>.</p></sidenote> <heading class="inline">STATE FINANCIAL RESPONSIBILITY.</heading> <content>A State may enforce, on the navigable waters of the State, the requirements for evidence of financial responsibility under section 1016.</content> </section> <section> <num value="1020">SEC. 1020. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2701">33 USC 2701 note</ref>.</p></sidenote> <heading class="inline">APPLICATION.</heading> <content>This Act shall apply to an incident occurring after the date of the enactment of this Act.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">CONFORMING AMENDMENTS</heading> <section> <num value="2001">SEC. 2001. </num> <heading class="inline">INTERVENTION ON THE HIGH SEAS ACT.</heading> <content class="inline">Section 17 of the Intervention on the High Seas Act (33 U.S.C. 1486) is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="17">“<inline class="smallCaps">Sec</inline>. 17. </num> <content class="inline">The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 5 and 7 of this Act.”</content></section> </quotedContent> </content> </section> <page identifier="/us/stat/104/507">104 STAT. 507</page> <section> <num value="2002">SEC. 2002. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1321">33 USC 1321 note</ref>.</p></sidenote> <heading class="inline">FEDERAL WATER POLLUTION CONTROL ACT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Application</inline>.—</heading> <content>Subsections (f), (g), (h), and (i) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) shall not apply with respect to any incident for which liability is established under section 1002 of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Conforming Amendments</inline>.—</heading> <chapeau>Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (i) is amended by striking “<quotedText>(1)</quotedText>” after “<quotedText>(i)</quotedText>” and by striking paragraphs (2) and (3).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (k) is repealed. Any amounts remaining in the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1321">33 USC 1321 note</ref>.</p></sidenote>revolving fund established under that subsection shall be deposited in the Fund. The Fund shall assume all liability incurred by the revolving fund established under that subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (1) is amended by striking the second sentence.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Subsection (p) is repealed.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The following is added at the end thereof: <quotedContent> <subsection class="indent0 fontsize10"> <num value="s">“(s) </num> <content>The Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be available to carry out subsections (b), (c), (d), (j), and (1) as those subsections apply to discharges, and substantial threats of discharges, of oil. Any amounts received by the United States under this section shall be deposited in the Oil Spill Liability Trust Fund.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="2003">SEC. 2003. </num> <heading class="inline">DEEPWATER PORT ACT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Conforming Amendments</inline>.—</heading> <chapeau>The Deepwater Port Act of 1974 (33 U.S.C. 1502 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in section 4(c)(1) by striking “<quotedText>section 18(1) of this Act;</quotedText>” and <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1503">33 USC 1503</ref>.</p></sidenote>inserting “<quotedText>section 1016 of the Oil Pollution Act of 1990</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking section 18.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1517">33 USC 1517</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s9509">26 USC 9509 note</ref>.</p></sidenote></content></paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amounts Remaining in Deepwater Port Fund</inline>.—</heading> <content>Any amounts remaining in the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1517(f)) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Deepwater Port Liability Fund.</content> </subsection> </section> <section> <num value="2004">SEC. 2004. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Repeal.</p></sidenote> <heading class="inline">OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF 1978.</heading> <content>Title III of the Outer Continental Shelf Lands Act Amendments of <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s9509">26 USC 9509 note</ref>.</p></sidenote>1978 (43 U.S.C. 1811–1824) is repealed. Any amounts remaining in the Offshore Oil Pollution Compensation Fund established under section 302 of that title (43 U.S.C. 1812) shall be deposited in the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). The Oil Spill Liability Trust Fund shall assume all liability incurred by the Offshore Oil Pollution Compensation Fund.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL</heading> <section> <num value="3001">SEC. 3001. </num> <heading class="inline">SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL REGIME.</heading> <content>It is the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liabil-<page identifier="/us/stat/104/508">104 STAT. 508</page>ity and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing full and prompt compensation for damages resulting from incidents.</content> </section> <section> <num value="3002">SEC. 3002. </num> <heading class="inline">UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Review</inline>.—</heading> <chapeau>The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, including the Great Lakes Water Quality Agreement, to determine whether amendments or additional international agreements are necessary to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prevent discharges of oil on the Great Lakes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>ensure an immediate and effective removal of oil on the Great Lakes; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fully compensate those who are injured by a discharge of oil on the Great Lakes.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <content>In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the Great Lakes States, the International Joint Commission, and other appropriate agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading><content>The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.</content> </subsection> </section> <section> <num value="3003">SEC. 3003. </num> <heading class="inline">UNITED STATESCANADA LAKE CHAMPLAIN OIL SPILL CO-OPERATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Review</inline>.—</heading> <chapeau>The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, to determine whether amendments or additional international agreements are necessary to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">prevent discharges of oil on Lake Champlain;</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>ensure an immediate and effective removal of oil on Lake Champlain; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fully compensate those who are injured by a discharge of oil on Lake Champlain.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Vermont.</p><p class="indent0 firstIndent0 fontsize8">New York.</p></sidenote> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <content>In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the States of Vermont and New York, the International Joint Commission, and other appropriate agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.</content> </subsection> </section> <section> <num value="3004">SEC. 3004. </num> <heading class="inline">INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.</heading> <content>The President shall encourage appropriate international organizations to establish an international inventory of spill removal equipment and personnel.</content> </section> <section> <num value="3005">SEC. 3005. </num> <heading class="inline">NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET SOUND.</heading> <content>Congress urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.</content> </section> 104 STAT. 509 <num value="IV">TITLE IV—</num> <heading class="inline">PREVENTION AND REMOVAL</heading> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">Prevention</heading> <section> <num value="4101">SEC. 4101. </num> <heading class="inline">REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS IN ISSUING LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Licenses and Certificates of Registry</inline>.—</heading> <content>Section 7101 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Merchant Mariners’ Documents</inline>.—</heading> <content>Section 7302 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <num value="4102">SEC. 4102. </num> <heading class="inline">TERM OF LICENSES, CERTIFICATES OF REGISTRY. AND MERCHANT MARINERS’ DOCUMENTS; CRIMINAL RECORD RE-VIEWS IN RENEWALS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Licenses</inline>.—</heading> <content>Section 7106 of title 46, United States Code, is amended by inserting “<quotedText>and may be renewed for additional 5-year periods</quotedText>” after “<quotedText>is valid for 5 years</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Certificates of Registry</inline>.—</heading> <content>Section 7107 of title 46, United States Code, is amended by striking “<quotedText>is not limited in duration.</quotedText>” and inserting “<quotedText>is valid for 5 years and may be renewed for additional 5-year periods.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Merchant Mariners’ Documents</inline>.—</heading> <content>Section 7302 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>A merchant mariner’s document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods.”.</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/104/510">104 STAT. 510</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s7106">46 USC 7106 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Termination of Existing Licenses, Certificates, and Documents</inline>.—</heading> <chapeau>A license, certificate of registry, or merchant mariner’s document issued before the date of the enactment of this section terminates on the day it would have expired if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>subsections (a), (b), and (c) were in effect on the date it was issued; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Criminal Record Review in Renewals of Licenses and Certificates of Registry</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Section 7109 of title 46, United States Code, is amended to read as follows: <quotedContent> <section> <num value="7109">“§ 7109. </num> <heading class="inline">Review of criminal records</heading> <content>“The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry.”.</content></section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Clerical amendment</inline>.—</heading> <content>The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7109 and inserting the following: <quotedContent> <toc> <referenceItem role="section"><designator>“7109.</designator> <label>Review of criminal records.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="4103">SEC. 4103. </num> <heading class="inline">SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY. AND MERCHANT MARINERS’ DOCUMENTS FOR ALCOHOL AND DRUG ABUSE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Availability of Information in National Driver Register</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Section 7702 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner’s document held by an individual if, when acting under the authority of that license, certificate, or document—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">there is probable cause to believe that the individual—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">has performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document; or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense <page identifier="/us/stat/104/511">104 STAT. 511</page>described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982.</content></clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Definition of dangerous drug</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 2101 of title 46, United States Code, is amended by inserting after paragraph (8) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="8a">“(8a) </num> <content class="inline">‘dangerous drug’ means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).”.</content></paragraph> </quotedContent> </content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Bases for Suspension or Revocation</inline>.—</heading> <content>Section 7703 of title 46, United States Code, is amended to read as follows: <quotedContent> <section> <num value="7703">“§ 7703. </num> <heading class="inline">Bases for suspension or revocation</heading> <chapeau>“A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if the holder—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">when acting under the authority of that license, certificate, or document—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>has committed an act of incompetence, misconduct, or negligence;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner’s document; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note).”.</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Termination of Revocation</inline>.—</heading> <content>Section 7701(c) of title 46, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">When a license, certificate of registry, or merchant mariner’s document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner’s document only after—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Secretary decides, under regulations prescribed by <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>the Secretary, that the issuance is compatible with the requirement of good discipline and safety at sea; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the former holder provides satisfactory proof that the bases for revocation are no longer valid.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> <section> <num value="4104">SEC. 4104. </num> <heading class="inline">REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE.</heading> <content>Section 8101 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, <page identifier="/us/stat/104/512">104 STAT. 512</page>mate, or operator licensed under section 7101(c) (1) or (3) of this title shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>temporarily relieve the master or individual in charge;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>temporarily take command of the vessel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">report those details to the Secretary—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>by the most expeditious means available; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in written form transmitted within 12 hours after the vessel arrives at its next port.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="4105">SEC. 4105. </num> <heading class="inline">ACCESS TO NATIONAL DRIVER REGISTER.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Access to Register</inline>.—</heading> <chapeau>Section 206(b) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating the second paragraph (5) (as added to the end of that section by section 4(b)(1) of the Rail Safety Improvement Act of 1988) as paragraph (6); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any individual who holds or who has applied for a license or certificate of registry under section 7101 of title 46, United States Code, or a merchant mariner’s document under section 7302 of title 46, United States Code, may request the chief driver licensing official of a State to transmit to the Secretary of the department in which the Coast Guard is operating in accordance with subsection (a) information regarding the motor vehicle driving record of the individual.</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The Secretary—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>may receive information transmitted by the chief driver licensing official of a State pursuant to a request under subparagraph (A);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate of registry, or merchant mariner’s document of the individual based on that information and before using that information in any action taken under chapter 77 of title 46, United States Code; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>may not otherwise divulge or use that information, except for the purposes of section 7101, 7302, or 7703 of title 46, United States Code.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Information regarding the motor vehicle driving record of an individual may not be transmitted to the Secretary under this paragraph if the information was entered in the Register more than 3 years before the date of the request for the information, unless the information relates to revocations or suspensions that are still in effect on the date of the request. Information submitted to the Register by States under the Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject to access for the purpose of this paragraph during the transition to the Register described under section 203(c) of this title.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Conforming Amendments</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Review of information received from register</inline>.—</heading> <content>Chapter 75 of title 46, United States Code, is amended by adding at the end the following: <page identifier="/us/stat/104/513">104 STAT. 513</page> <quotedContent> <section> <num value="7505">“§ 7505. </num> <heading class="inline">Review of information in National Driver Register</heading> <content>“The Secretary shall make information received from the National Driver Register under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of registry, or merchant mariner’s document authorized to be issued for that individual under this part, based on that information.”.</content></section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Penalty for negligent operation of vessel</inline>.—</heading> <content>Section 2302(c) of title 46, United States Code, is amended by striking “<quotedText>intoxicated</quotedText>” and inserting “<quotedText>under the influence of alcohol, or a dangerous drug in violation of a law of the United States</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Clerical Amendment</inline>.—</heading> <content>The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <toc> <referenceItem role="section"><designator>“7505.</designator> <label>Review of information in National Driver Register.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section> <num value="4106">SEC. 4106. </num> <heading class="inline">MANNING STANDARDS FOR FOREIGN TANK VESSELS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Standards for Foreign Tank Vessels</inline>.—</heading> <content>Section 9101(a) of title 46, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">on a periodic basis; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">when the vessel is involved in a marine casualty required to be reported under section 6101(a) (4) or (5) of this title.</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>those standards are being enforced.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the entry is necessary for the safety of the vessel or individuals on the vessel.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Reporting Marine Casualties</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Reporting requirement</inline>.—</heading> <content>Section 6101(a) of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="5">“(5) </num> <content>significant harm to the environment.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Application to foreign vessels</inline>.—</heading> <chapeau>Section 6101(d) of title 46, United States Code, is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>(1)</quotedText>” before “<quotedText>This part</quotedText>”; and</content> </subparagraph> <page identifier="/us/stat/104/514">104 STAT. 514</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a) (4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Technical and Conforming Amendments</inline>.—</heading> <chapeau>Section 9(a) of the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the matter preceding paragraph (1), by striking “<quotedText>section 4417a of the Revised Statutes, as amended,</quotedText>” and inserting “<quotedText>chapter 37 of title 46, United States Code,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2), by striking “<quotedText>section 4417a of the Revised Statutes, as amended,</quotedText>” and inserting “<quotedText>chapter 37 of title 46, United States Code,</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in paragraph (5), by striking “<quotedText>section 4417a(ll) of the Revised Statutes, as amended,</quotedText>” and inserting “<quotedText>section 9101 of title 46, United States Code,</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="4107">SEC. 4107. </num> <heading class="inline">VESSEL TRAFFIC SERVICE SYSTEMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Section 4(a) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking “<quotedText>Secretary may—</quotedText>” and inserting “<quotedText>Secretary—</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (1) by striking “<quotedText>establish, operate, and maintain</quotedText>” and inserting “<quotedText>may construct, operate, maintain, improve, or expand</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in paragraph (2) by striking “<quotedText>require</quotedText>” and inserting “<quotedText>shall require appropriate</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in paragraph (3) by inserting “<quotedText>may</quotedText>” before “<quotedText>require</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in paragraph (4) by inserting “<quotedText>may</quotedText>” before “<quotedText>control</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>in paragraph (5) by inserting “<quotedText>may</quotedText>” before “<quotedText>require</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Direction of Vessel Movement</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <chapeau>The Secretary shall conduct a study—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">to determine and prioritize the United States ports and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the nature, volume, and frequency of vessel traffic;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the risks of collisions, spills, and damages associated with that traffic;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the impact of installation, expansion, or improvement of a vessel traffic service system; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>all other relevant costs and data.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1) and recommendations for implementing the results of that study.</content> </paragraph> </subsection> </section> <section> <num value="4108">SEC. 4108. </num> <heading class="inline">GREAT LAKES PILOTAGE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Individuals Who May Serve as Pilot on Undesignated Great Lake Waters</inline>.—</heading> <content>Section 9302(b) of title 46, United States Code, is amended to read as follows: <page identifier="/us/stat/104/515">104 STAT. 515</page> <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Penalties</inline>.—</heading> <content>Section 9308 of title 46, United States Code, is amended in each of subsections (a), (b), and (c) by striking “<quotedText>$500</quotedText>” and inserting “<quotedText>no more than $10,000</quotedText>”.</content> </subsection> </section> <section> <num value="4109">SEC. 4109. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote> <heading class="inline">PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL VESSELS.</heading> <chapeau>Not later than 1 year after the date of the enactment of this Act, <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>establishing minimum standards for plating thickness; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone.</content> </paragraph> </section> <section> <num value="4110">SEC. 4110. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote> <heading class="inline">OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Standards</inline>.—</heading> <content>Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Use</inline>.—</heading> <chapeau>Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>overfill devices, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>tank level or pressure monitoring devices,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone.</continuation> </subsection> </section> <section> <num value="4111">SEC. 4111. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote> <heading class="inline">STUDY ON TANKER NAVIGATION SAFETY STANDARDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a study to determine whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil or hazardous substances in bulk on the navigable waters and the waters of the exclusive economic zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Content</inline>.—</heading> <chapeau>In conducting the study required under subsection (a), the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>determine appropriate crew sizes on tankers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>evaluate the adequacy of qualifications and training of crewmembers on tankers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>evaluate the ability of crewmembers on tankers to take emergency actions to prevent or remove a discharge of oil or a hazardous substance from their tankers;</content> </paragraph> <page identifier="/us/stat/104/516">104 STAT. 516</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>evaluate the adequacy of navigation equipment and systems on tankers (including sonar, electronic chart display, and satellite technology);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>evaluate and test electronic means of position-reporting and identification on tankers, consider the minimum standards suitable for equipment for that purpose, and determine whether to require that equipment on tankers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>evaluate the adequacy of navigation procedures under different operating conditions, including such variables as speed, daylight, ice, tides, weather, and other conditions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>evaluate whether areas of navigable waters and the exclusive economic zone should be designated as zones where the movement of tankers should be limited or prohibited;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>evaluate whether inspection standards are adequate;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>review and incorporate the results of past studies, including studies conducted by the Coast Guard and the Office of Technology Assessment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>evaluate the use of computer simulator courses for training bridge officers and pilots of vessels transporting oil or hazardous substances on the navigable waters and waters of the exclusive economic zone, and determine the feasibility and practicality of mandating such training;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <chapeau class="inline">evaluate the size, cargo capacity, and flag nation of tankers transporting oil or hazardous substances on the navigable waters and the waters of the exclusive economic zone—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>identifying changes occurring over the past 20 years in such size and cargo capacity and in vessel navigation and technology; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>evaluating the extent to which the risks or difficulties associated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup of such spills are influenced by or related to an increase in tanker size and cargo capacity; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>evaluate and test a program of remote alcohol testing for masters and pilots aboard tankers carrying significant quantities of oil.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study.</content> </subsection> </section> <section> <num value="4112">SEC. 4112. </num> <heading class="inline">DREDGE MODIFICATION STUDY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <content>The Secretary of the Army shall conduct a study and demonstration to determine the feasibility of modifying dredges to make them usable in removing discharges of oil and hazardous substances.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations for implementing the results of that study.</content> </subsection> </section> <section> <num value="4113">SEC. 4113. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading class="inline">USE OF LINERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <content>The President shall conduct a study to determine whether liners or other secondary means of containment should be used to prevent leaking or to aid in leak detection at onshore facilities used for the bulk storage of oil and located near navigable waters.</content> </subsection> <page identifier="/us/stat/104/517">104 STAT. 517</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of enactment of this Act, the President shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations to implement the results of the study.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Implementation</inline>.—</heading> <content>Not later than 6 months after the date the report required under subsection (b) is submitted to the Congress, the President shall implement the recommendations contained in the report.</content> </subsection> </section> <section> <num value="4114">SEC. 4114. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote> <heading class="inline">TANK VESSEL MANNING.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Rulemaking</inline>.—</heading> <content>In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable waters with the auto-pilot engaged or with an unattended engine room.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Watches</inline>.—</heading> <content>Section 8104 of title 46, United States Code, is amended by adding at the end the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="n">“(n) </num> <content>On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, ‘work’ includes any administrative duties associated with the vessel whether performed on board the vessel or onshore.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Manning Requirement</inline>.—</heading> <chapeau>Section 8101(a) of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>and</quotedText>” at the end of paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking the period at the end of paragraph (2) and inserting “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="3">“(3) </num> <content>a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Standards</inline>.—</heading> <chapeau>Section 9102(a) of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>and</quotedText>” at the end of paragraph (6);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking the period at the end of paragraph (7) and inserting “<quotedText>; and</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="8">“(8) </num> <content>instruction in vessel maintenance functions.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Records</inline>.—</heading> <content>Section 7502 of title 46, United States Code, is amended by striking “<quotedText>maintain records</quotedText>” and inserting “<quotedText>maintain computerized records</quotedText>”.</content> </subsection> </section> <section> <num value="4115">SEC. 4115. </num> <heading class="inline">ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Double Hull Requirement</inline>.—</heading> <content>Chapter 37 of title 46, United States Code, is amended by inserting after section 3703 the following new section: <quotedContent> <section> <num value="3703a">“§ 3703a. </num> <heading class="inline">Tank vessel construction standards</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a double hull—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and</content> </paragraph> <page identifier="/us/stat/104/518">104 STAT. 518</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">This section does not apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a vessel used only to respond to a discharge of oil or a hazardous substance;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a vessel of less than 5,000 gross tons equipped with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">before January 1, 2015—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a vessel unloading oil in bulk at a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">a delivering vessel that is offloading in lightering activities—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>within a lightering zone established under section 3715(b)(5) of this title; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>more than 60 miles from the baseline from which the territorial sea of the United States is measured.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In this subsection, the age of a vessel is determined from the later of the date on which the vessel—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">is delivered after original construction;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">is delivered after completion of a major conversion; or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">had its appraised salvage value determined by the Coast Guard and is qualified for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14).</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">A vessel of less than 5,000 gross tons for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel of less than 5,000 gross tons that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or the Exclusive Economic Zone of the United States after January 1, 2015, unless the vessel is equipped with a double hull or with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">A vessel for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or Exclusive Economic Zone of the United States unless equipped with a double hull—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>after January 1, 1996, if the vessel is 39 years old or older and has a single hull, or is 44 years old or older and has a double bottom or double sides;</content> </clause> <page identifier="/us/stat/104/519">104 STAT. 519</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>after January 1, 1997, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>after January 1, 1998, if the vessel is 37 years old or older and has a single hull, or is 42 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>after January 1, 1999, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>after January 1, 2000, if the vessel is 35 years old or older and has a single hull, or is 40 years old or older and has a double bottom or double sides; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">“(vii) </num> <content>after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>after January 1, 1996, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>after January 1, 1997, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>after January 1, 1998, if the vessel is 34 years old or older and has a single hull, or is 39 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>after January 1, 1999, if the vessel is 32 years old or older and has a single hull, or 37 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>after January 1, 2000, if the vessel is 30 years old or older and has a single hull, or is 35 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">“(vii) </num> <content>after January 1, 2001, if the vessel is 29 years old or older and has a single hull, or is 34 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="viii">“(viii) </num> <content>after January 1, 2002, if the vessel is 28 years old or older and has a single bull, or is 33 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ix">“(ix) </num> <content>after January 1, 2003, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="x">“(x) </num> <content>after January 1, 2004, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="xi">“(xi) </num> <content>after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">in the case of a vessel of at least 30,000 gross tons—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>after January 1, 1995, if the vessel is 28 years old or older and has a single hull, or 33 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>after January 1, 1996, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides;</content> </clause> <page identifier="/us/stat/104/520">104 STAT. 520</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>after January 1, 1997, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>after January 1, 1998, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>after January 1, 1999, if the vessel is 24 years old or older and has a single hull, or 29 years old or older and has a double bottom or double sides; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>after January 1, 2000, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">Except as provided in subsection (b) of this section—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a vessel that has a single hull may not operate after January 1, 2010; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a vessel that has a double bottom or double sides may not operate after January 1, 2015.”.</content> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703a">46 USC 3703a note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Rulemaking</inline>.—</heading> <content>The Secretary shall, within 12 months after the date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule to require that tank vessels over 5,000 gross tons affected by section 3703a of title 46, United States Code, as added by this section, comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economically and technologically feasible.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Clerical Amendment</inline>.—</heading> <content>The analysis for chapter 37 of title 46, United States Code, is amended by inserting after the item relating to section 3703 the following: <quotedContent> <section> <num value="3703a">“3703a. </num> <heading class="inline">Tank vessel construction standards.”.</heading></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Lightering Requirements</inline>.—</heading> <chapeau>Section 3715(a) of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (1), by striking “<quotedText>; and</quotedText>” and inserting a semicolon;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2), by striking the period and inserting “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 3110) of the Federal Water Pollution Control Act (33 U.S.C. 13210)); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the delivering and the receiving vessel are operating in compliance with section 3703a of this title.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703a">46 USC 3703a note</ref>.</p><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <heading class="inline"><inline class="smallCaps">Secretarial Studies</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Other requirements</inline>.—</heading> <content>Not later than 6 months after the date of enactment of this Act, the Secretary shall determine, based on recommendations from the National Academy of Sciences or other qualified organizations, whether other structural and operational tank vessel requirements will provide protection to the marine environment equal to or greater than that provided by double hulls, and shall report to the Congress that determination and recommendations for legislative action.</content> </paragraph> <page identifier="/us/stat/104/521">104 STAT. 521</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Review and assessment</inline>.—</heading> <chapeau>The Secretary shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>not later than 5 years after the date of enactment of this Act, assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>report the results of the review and assessment to the <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>Congress with recommendations for legislative or other action.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Vessel Financing</inline>.—</heading> <chapeau>Section 1104 of the Merchant Marine Act of 1936 (46 App. U.S.C. 1274) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText><inline class="smallCaps">Sec</inline>.1104.</quotedText>” and inserting “<quotedText><inline class="smallCaps">Sec</inline>. 1104A.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 1104A (as redesignated by paragraph (1)) the following: <quotedContent> <section> <num value="1104B">“<inline class="smallCaps">Sec</inline>. 1104B. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Notwithstanding the provisions of this title, <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s1274a">46 USC app. 1274a</ref>.</p></sidenote>except as provided in subsection (d) of this section, the Secretary, upon the terms the Secretary may prescribe, may guarantee or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing and refinancing, including reimbursement to an obligor for expenditures previously made, of a contract for construction or reconstruction of a vessel or vessels owned by citizens of the United States which are designed and to be employed for commercial use in the coastwise or intercoastal trade or in foreign trade as defined in section 905 of this Act if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the construction or reconstruction by an applicant is made necessary to replace vessels the continued operation of which is denied by virtue of the imposition of a statutorily mandated change in standards for the operation of vessels, and where, as a matter of law, the applicant would otherwise be denied the right to continue operating vessels in the trades in which the applicant operated prior to the taking effect of the statutory or regulatory change;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the applicant is presently engaged in transporting car-goes in vessels of the type and class that will be constructed or reconstructed under this section, and agrees to employ vessels constructed or reconstructed under this section as replacements only for vessels made obsolete by changes in operating standards imposed by statute;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the capacity of the vessels to be constructed or reconstructed under this title will not increase the cargo carrying capacity of the vessels being replaced;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the Secretary has not made a determination that the market demand for the vessel over its useful life will diminish so as to make the granting of the guarantee fiduciarily imprudent; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the Secretary has considered the provisions of section 1104A(d)(1)(A) (iii), (iv), and (v) of this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">For the purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the maximum term for obligations guaranteed under this program may not exceed 25 years;</content> </paragraph> <page identifier="/us/stat/104/522">104 STAT. 522</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>obligations guaranteed may not exceed 75 percent of the actual cost or depreciated actual cost to the applicant for the construction or reconstruction of the vessel; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>reconstruction cost obligations may not be guaranteed unless the vessel after reconstruction will have a useful life of at least 15 years.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall by rule require that the applicant provide adequate security against default. The Secretary may, in addition to any fees assessed under section 1104A(e), establish a Vessel Replacement Guarantee Fund into which shall be paid by obligors under this section—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">annual fees which may be an additional amount on the loan guarantee fee in section 1104A(e) not to exceed an additional 1 percent; or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">fees based on the amount of the obligation versus the percentage of the obligor’s fleet being replaced by vessels constructed or reconstructed under this section.</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Vessel Replacement Guarantee Fund shall be a subaccount in the Federal Ship Financing Fund, and shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>be the depository for all moneys received by the Secretary under sections 1101 through 1107 of this title with respect to guarantee or commitments to guarantee made under this section;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>not include investigation fees payable under section 1104A(f) which shall be paid to the Federal Ship Financing Fund; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>be the depository, whenever there shall be outstanding any notes or obligations issued by the Secretary under section 1105(d) with respect to the Vessel Replacement Guarantee Fund, for all moneys received by the Secretary under sections 1101 through 1107 from applicants under this section.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The program created by this section shall, in addition to the requirements of this section, be subject to the provisions of sections 1101 through 1103; 1104A(b) (1), (4), (5), (6); 1104A(e); 1104A(f); 1104A(h); and 1105 through 1107; except that the Federal Ship Financing Fund is not liable for any guarantees or commitments to guarantee issued under this section.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="4116">SEC. 4116. </num> <heading class="inline">PILOTAGE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Pilot Required</inline>.—</heading> <content>Section 8502(g) of title 46, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p><p class="indent0 firstIndent0 fontsize8">Alaska.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60’49’ North latitude and the Port of Valdez, Alaska.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Second Person Required</inline>.—</heading> <content>Section 8502 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a <page identifier="/us/stat/104/523">104 STAT. 523</page>master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Escorts for Certain Tankers</inline>.—</heading> <content>Not later than 6 months after <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p><p class="indent0 firstIndent0 fontsize8">Alaska.</p><p class="indent0 firstIndent0 fontsize8">Washington.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote>the date of the enactment of this Act, the Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Tanker Defined</inline>.—</heading> <content>In this section the term “tanker” has the <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s3703">46 USC 3703 note</ref>.</p></sidenote>same meaning the term has in section 2101 of title 46, United States Code.</content> </subsection> </section> <section> <num value="4117">SEC. 4117. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t46/s1295">46 USC app. 1295 note</ref>.</p></sidenote> <heading class="inline">MARITIME POLLUTION PREVENTION TRAINING PROGRAM STUDY.</heading> <content>The Secretary shall conduct a study to determine the feasibility of a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions. The study shall assess the costs and benefits of transferring suitable vessels to selected maritime training institutions, equipping the vessels for oil spill response, and training students in oil pollution response skills. The study shall be completed and transmitted to the Congress no later than one year after the date of the enactment of this Act.</content> </section> <section> <num value="4118">SEC. 4118. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1203">33 USC 1203 note</ref>.</p></sidenote> <heading class="inline">VESSEL COMMUNICATION EQUIPMENT REGULATIONS.</heading> <chapeau>The Secretary shall, not later than one year after the date of the enactment of this Act, issue regulations necessary to ensure that vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>receive radio marine navigation safety warnings; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary.</content> </paragraph> </section> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Removal</heading> <section> <num value="4201">SEC. 4201. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8">Hazardous materials.</p></sidenote> <heading class="inline">FEDERAL REMOVAL AUTHORITY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Subsection (c) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Federal Removal Authority</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">General removal requirement</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">into or on the navigable waters;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">on the adjoining shorelines to the navigable waters;</content></clause> <page identifier="/us/stat/104/524">104 STAT. 524</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">into or on the waters of the exclusive economic zone; or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">In carrying out this paragraph, the President may—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">direct or monitor all Federal, State, and private actions to remove a discharge; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.</content></clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Discharge posing substantial threat to public health or welfare</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Actions in accordance with national contingency plan</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Each Federal agency, State, owner or operator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as directed by the President.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>An owner or operator participating in efforts under this subsection shall act in accordance with the National Contingency Plan and the applicable response plan required under subsection (j), or as directed by the President.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Exemption from liability</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Subparagraph (A) does not apply—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>to a responsible party;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>with respect to personal injury or wrongful death; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">if the person is grossly negligent or engages in willful misconduct.</content> </clause> </subparagraph> <page identifier="/us/stat/104/525">104 STAT. 525</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>A responsible party is liable for any removal costs and damages that another person is relieved of under subparagraph (A).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Obligation and liability of owner or operator not affected</inline>.—</heading> <chapeau>Nothing in this subsection affects—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the obligation of an owner or operator to respond immediately to a discharge, or the threat of a discharge, of oil; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the liability of a responsible party under the Oil Pollution Act of 1990.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <heading class="inline"><inline class="smallCaps">Responsible party defined</inline>.—</heading> <content>For purposes of this subsection, the term ‘responsible party’ has the meaning given that term under section 1001 of the Oil Pollution Act of 1990.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">National Contingency Plan</inline>.—</heading> <content>Subsection (d) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">National Contingency Plan</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Preparation by president</inline>.—</heading> <content>The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Contents</inline>.—</heading> <chapeau>The National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural resources (including conservation of fish and wildlife).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Identification, procurement, maintenance, and storage of equipment and supplies.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">Establishment or designation of Coast Guard strike teams, consisting of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>personnel who shall be trained, prepared, and available to provide necessary services to carry out the National Contingency Plan;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>adequate oil and hazardous substance pollution control equipment and material; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and wildlife.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of discharges of oil and hazardous substances and imminent threats of such discharges to the appropriate State and Federal agencies.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>Establishment of a national center to provide co-ordination and direction for operations in carrying out the Plan.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>Procedures and techniques to be employed in identifying, containing, dispersing, and removing oil and hazardous substances.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <chapeau class="inline">A schedule, prepared in cooperation with the States, identifying—</chapeau> <page identifier="/us/stat/104/526">104 STAT. 526</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the quantities of such dispersant, other chemicals, or other spill mitigating device or substance which can be used safely in such waters,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to remove such discharge and such State or States may be reimbursed in accordance with the Oil Pollution Act of 1990, in the case of any discharge of oil from a vessel or facility, for the reasonable costs incurred for that removal, from the Oil Spill Liability Trust Fund.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>Establishment of criteria and procedures to ensure immediate and effective Federal identification of, and response to, a discharge, or the threat of a discharge, that results in a substantial threat to the public health or welfare of the United States, as required under subsection (c)(2).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>Establishment of procedures and standards for removing a worst case discharge of oil, and for mitigating or preventing a substantial threat of such a discharge.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>Designation of the Federal official who shall be the Federal On-Scene Coordinator for each area for which an Area Contingency Plan is required to be prepared under subsection (j).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">“(L) </num> <chapeau class="inline">Establishment of procedures for the coordination of activities of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>Coast Guard strike teams established under subparagraph (C);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>Federal On-Scene Coordinators designated under subparagraph (K);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>District Response Groups established under subsection (j); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>Area Committees established under subsection (j).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="M">“(M) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Fish and fishing. Wildlife.</p></sidenote> <content>A fish and wildlife response plan, developed in consultation with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other interested parties (including State fish and wildlife conservation officials), for the immediate and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a discharge.</content> </subparagraph> <page identifier="/us/stat/104/527">104 STAT. 527</page> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Revisions and amendments</inline>.—</heading> <content>The President may, from time to time, as the President deems advisable, revise or otherwise amend the National Contingency Plan.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Actions in accordance with national contingency plan</inline>.—</heading> <content>After publication of the National Contingency Plan, the removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (8), by inserting “<quotedText>containment and</quotedText>” after “<quotedText>refers to</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (16) by striking the period at the end and inserting a semicolon;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">in paragraph (17)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking “<quotedText>Otherwise</quotedText>” and inserting “<quotedText>otherwise</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking the period at the end and inserting a semicolon; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="18">“(18) </num> <content>‘Area Committee’ means an Area Committee established under subsection (j);</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="19">“(19) </num> <content>‘Area Contingency Plan’ means an Area Contingency Plan prepared under subsection (j);</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="20">“(20) </num> <content>‘Coast Guard District Response Group’ means a Coast Guard District Response Group established under subsection (j);</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="21">“(21) </num> <content>‘Federal On-Scene Coordinator’ means a Federal On--Scene Coordinator designated in the National Contingency Plan;</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="22">“(22) </num> <content>‘National Contingency Plan’ means the National Contingency Plan prepared and published under subsection (d);</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="23">“(23) </num> <content>‘National Response Unit’ means the National Response Unit established under subsection (j); and</content> </paragraph> <paragraph class="indent0 fontsize10"> <num value="24">“(24) </num> <chapeau class="inline">‘worst case discharge’ means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of an offshore facility or onshore facility, the largest foreseeable discharge in adverse weather conditions.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Revision of National Contingency Plan</inline>.—</heading> <content>Not later than <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1321">33 USC 1321 note</ref>.</p></sidenote>one year after the date of the enactment of this Act, the President shall revise and republish the National Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202.</content> </subsection> </section> <section> <num value="4202">SEC. 4202. </num> <heading class="inline">NATIONAL PLANNING AND RESPONSE SYSTEM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Subsection (j) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>(j)</quotedText>” and inserting the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <heading class="inline"><inline class="smallCaps">National Response System</inline>.—”;</heading> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by moving paragraph (1) so as to begin immediately below the heading for subsection (j) (as added by paragraph (1) of this subsection);</content> </paragraph> <page identifier="/us/stat/104/528">104 STAT. 528</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by moving paragraph (1) two ems to the right, so the left margin of that paragraph is aligned with the left margin of paragraph (2) of that subsection (as added by paragraph (6) of this subsection);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in paragraph (1) by striking “<quotedText>(1)</quotedText>” and inserting the following: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking paragraph (2); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by adding at the end the following: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Uniformed services.</p><p class="indent0 firstIndent0 fontsize8">North Carolina.</p></sidenote> <heading class="inline"><inline class="smallCaps">National response unit</inline>.—</heading> <chapeau>The Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit at Elizabeth City, North Carolina. The Secretary, acting through the National Response Unit—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <content>shall compile and maintain a comprehensive computer list of spill removal resources, personnel, and equipment that is available worldwide and within the areas designated by the President pursuant to paragraph (4), which shall be available to Federal and State agencies and the public;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>shall provide technical assistance, equipment, and other resources requested by a Federal On-Scene Coordinator;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>shall coordinate use of private and public personnel and equipment to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area designated by the President pursuant to paragraph (4);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>shall administer Coast Guard strike teams established under the National Contingency Plan;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Records.</p></sidenote> <content>shall maintain on file all Area Contingency Plans approved by the President under this subsection; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>shall review each of those plans that affects its responsibilities under this subsection.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Coast guard district response groups</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Secretary of the department in which the Coast Guard is operating shall establish in each Coast Guard district a Coast Guard District Response Group.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Each Coast Guard District Response Group shall consist of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the Coast Guard personnel and equipment, including firefighting equipment, of each port within the district;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">additional prepositioned equipment; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">a district response advisory staff.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">Coast Guard district response groups—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">shall provide technical assistance, equipment, and other resources when required by a Federal On-Scene Coordinator;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">shall maintain all Coast Guard response equipment within its district;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">shall review each of those plans that affect its area of geographic responsibility.</content></clause> </subparagraph> </paragraph> <page identifier="/us/stat/104/529">104 STAT. 529</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Area committees and area contingency plans</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <content class="inline">There is established for each area designated by the President an Area Committee comprised of members appointed by the President from qualified personnel of Federal, State, and local agencies.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Each Area Committee, under the direction of the Federal On-Scene Coordinator for its area, shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>prepare for its area the Area Contingency Plan required under subparagraph (C);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>work with State and local officials to enhance the contingency planning of those officials and to assure preplanning of joint response efforts, including appropriate procedures for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wildlife; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>work with State and local officials to expedite decisions for the use of dispersants and other mitigating substances and devices.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">Each Area Committee shall prepare and submit to the President for approval an Area Contingency Plan for its area. The Area Contingency Plan shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>when implemented in conjunction with the National Contingency Plan, be adequate to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>describe the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>describe in detail the responsibilities of an owner or operator and of Federal, State, and local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a discharge;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>list the equipment (including firefighting equipment), dispersants or other mitigating substances and devices, and personnel available to an owner or operator and Federal, State, and local agencies, to ensure an effective and immediate removal of a discharge, and to ensure mitigation or prevention of a substantial threat of a discharge;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>describe the procedures to be followed for obtaining an expedited decision regarding the use of dispersants;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>describe in detail how the plan is integrated into other Area Contingency Plans and vessel, offshore facility, and onshore facility response plans approved under this subsection, and into operating procedures of the National Response Unit;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">“(vii) </num> <content>include any other information the President requires; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="viii">“(viii) </num> <content class="inline">be updated periodically by the Area Committee.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">The President shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>review and approve Area Contingency Plans under this paragraph; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>periodically review Area Contingency Plans so approved.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Tank vessel and facility response plans</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <content class="inline">The President shall issue regulations which require an owner or <page identifier="/us/stat/104/530">104 STAT. 530</page>operator of a tank vessel or facility described in subparagraph (B) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance.</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>The tank vessels and facilities referred to in subparagraph (A) are the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>A tank vessel, as defined under section 2101 of title 46, United States Code.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>An offshore facility.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">A response plan required under this paragraph shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>be consistent with the requirements of the National Contingency Plan and Area Contingency Plans;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>identify the qualified individual having full authority to implement removal actions, and require immediate communications between, that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii);</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maxi-mum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>be updated periodically; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>be resubmitted for approval of each significant change.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <chapeau class="inline">With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel or offshore facility, the President shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>promptly review such response plan;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>require amendments to any plan that does not meet the requirements of this paragraph;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>approve any plan that meets the requirements of this paragraph; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>review each plan periodically thereafter.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <chapeau class="inline">A tank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not handle, store, or transport oil unless—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>in the case of a tank vessel, offshore facility, or onshore facility for which a response plan is reviewed by <page identifier="/us/stat/104/531">104 STAT. 531</page>the President under subparagraph (D), the plan has been approved by the President; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the vessel or facility is operating in compliance with the plan.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>Notwithstanding subparagraph (E), the President may authorize a tank vessel, offshore facility, or onshore facility to operate without a response plan approved under this para graph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel or facility, if the owner or operator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>The owner or operator of a tank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 that the owner or operator was acting in accordance with an approved response plan.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>The Secretary shall maintain, in the Vessel Identification System established under chapter 125 of title 46, United States Code, the dates of approval and review of a response plan under this paragraph for each tank vessel that is a vessel of the United States.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <heading class="inline"><inline class="smallCaps">Equipment requirements and inspection</inline>.—</heading> <chapeau>Not later <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>than 2 years after the date of enactment of this section, the President shall require—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove dis charges; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <heading class="inline"><inline class="smallCaps">Area drills</inline>.—</heading> <content>The President shall periodically conduct <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel and facility response plans. The drills may include participation by Federal, State, and local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <heading class="inline"><inline class="smallCaps">United states government not liable</inline>.—</heading ><content>The United States Government is not liable for any damages arising from its actions or omissions relating to any response plan required by this section”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Implementation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Area committees and contingency plans</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Not later <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s1321">33 USC 1321 note</ref>.</p><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>than 6 months after the date of the enactment of this Act, the President shall designate the areas for which Area Committees are established under section 311(j)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section.</content></subparagraph> <page identifier="/us/stat/104/532">104 STAT. 532</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Not later than 18 months after the date of the enactment of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan required under that section.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau class="inline">Not later than 24 months after the date of the enactment of this Act, the President shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>promptly review each plan;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>require amendments to any plan that does not meet the requirements of section 311(j)(4) of the Federal Water Pollution Control Act; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>approve each plan that meets the requirements of that section.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <heading class="inline"><inline class="smallCaps">National response unit</inline>.—</heading> <content>Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <heading class="inline"><inline class="smallCaps">Coast guard district response groups</inline>.—</heading> <content>Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <heading class="inline"><inline class="smallCaps">Tank vessel and facility response plans; transition provision; effective date of prohibition</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>During the period beginning 30 months after the date of the enactment of this paragraph and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">State Law Not Preempted</inline>.—</heading> <content>Section 311(o)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(o)(2)) is amended by inserting before the period the following: “<quotedText>, or with respect to any removal activities related to such discharge</quotedText>”.</content> </subsection> </section> <section> <num value="4203">SEC. 4203. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t14/s92">14 USC 92 note</ref>.</p></sidenote> <heading class="inline">COAST GUARD VESSEL DESIGN.</heading> <content>The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation.</content> </section> <section> <num value="4204">SEC. 4204. </num> <heading class="inline">DETERMINATION OF HARMFUL QUANTITIES OF OIL AND HAZARDOUS SUBSTANCES.</heading> <content>Section 311(b)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(4)) is amended by inserting “<quotedText>or the environment</quotedText>” after “<quotedText>the public health or welfare</quotedText>”.</content> </section> <page identifier="/us/stat/104/533">104 STAT. 533</page> <section> <num value="4205">SEC. 4205. </num> <heading class="inline">COASTWISE OIL SPILL RESPONSE COOPERATIVES.</heading> <content>Section 12106 of title 46, United States Code, is amended by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A vessel may be issued a certificate of documentation with a coastwise endorsement if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">use of the vessel is restricted to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">for training exercises to prepare to respond to such a discharge</content></clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> </subtitle> <subtitle> <num value="C">Subtitle C—</num> <heading class="inline">Penalties and Miscellaneous</heading> <section> <num value="4301">SEC. 4301. </num> <heading class="inline">FEDERAL WATER POLLUTION CONTROL ACT PENALTIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Notice to State and Failure To Report</inline>.—</heading> <chapeau>Section 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after the first sentence the following: “<quotedText>The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>fined not more than $10,000, or imprisoned for not more than one year, or both</quotedText>” and inserting “<quotedText>fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">in the last sentence by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>striking “<quotedText>or information obtained by the exploitation of such notification</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>inserting “<quotedText>natural</quotedText>” before “<quotedText>person</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Penalties for Discharges and Violations of Regulations</inline>.—</heading> <content>Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by striking paragraph (6) and inserting the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <heading class="inline"><inline class="smallCaps">Administrative penalties</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">Violations</inline>.—</heading> <chapeau>Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>from which oil or a hazardous substance is discharged in violation of paragraph (3), or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject,</content> </clause> <page identifier="/us/stat/104/534">104 STAT. 534</page> <continuation class="indent0 firstIndent0 fontsize10">may be assessed a class I or class II civil penalty by the Secretary of the department in which the Coast Guard is operating or the Administrator.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Classes of penalties</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading class="inline"><inline class="smallCaps">Class i</inline>.—</heading> <content>The amount of a class I civil penalty under subparagraph (A) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrator’s or Secretary’s proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <heading class="inline"><inline class="smallCaps">Class ii</inline>.—</heading> <content>The amount of a class II civil penalty under subparagraph (A) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and Secretary may issue rules for discovery procedures for hearings under this paragraph.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading class="inline"><inline class="smallCaps">Rights of interested persons</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading class="inline"><inline class="smallCaps">Public notice</inline>.—</heading> <content>Before issuing an order assessing a class II civil penalty under this paragraph the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <heading class="inline"><inline class="smallCaps">Presentation of evidence</inline>.—</heading> <content>Any person who comments on a proposed assessment of a class II civil penalty under this paragraph shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable opportunity to be heard and to present evidence.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Federal Register, publication.</p></sidenote> <heading class="inline"><inline class="smallCaps">Rights of interested persons to a hearing</inline>.—</heading> <content>If no hearing is held under subparagraph (B) before issuance of an order assessing a class II civil penalty under this paragraph, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall imme-<page identifier="/us/stat/104/535">104 STAT. 535</page>diately set aside such order and provide a hearing in accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a nearing under this clause, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading class="inline"><inline class="smallCaps">Finality of order</inline>.—</heading> <content>An order assessing a class II civil penalty under this paragraph shall become final 30 days after its issuance unless a petition for judicial review is filed under subparagraph (G) or a hearing is requested under subparagraph (C)(iii)- If such a hearing is denied, such order shall become final 30 days after such denial.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <heading class="inline"><inline class="smallCaps">Effect of order</inline>.—</heading> <chapeau>Action taken by the Administrator or Secretary, as the case may be, under this paragraph shall not affect or limit the Administrator’s or Secretary’s authority to enforce any provision of this Act; except that any violation—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>with respect to which the Administrator or Secretary has commenced and is diligently prosecuting an action to assess a class II civil penalty under this paragraph, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>for which the Administrator or Secretary has issued a final order assessing a class II civil penalty not subject to further judicial review and the violator has paid a penalty assessed under this paragraph,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">shall not be the subject of a civil penalty action under section 309(d), 309(g), or 505 of this Act or under paragraph (7).</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <heading class="inline"><inline class="smallCaps">Effect of action on compliance</inline>.—</heading> <content>No action by the Administrator or Secretary under this paragraph shall affect any person’s obligation to comply with any section of this Act.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <heading class="inline"><inline class="smallCaps">Judicial review</inline>.—</heading> <chapeau>Any person against whom a civil penalty is assessed under this paragraph or who commented on the proposed assessment of such penalty in accordance with subparagraph (C) may obtain review of such assessment—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>in the case of assessment of a class I civil penalty, <sidenote><p class="indent0 firstIndent0 fontsize8">District of Columbia.</p></sidenote>in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of assessment of a class II civil penalty, in United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">by filing a notice of appeal in such court within the 30-day period beginning on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail to the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator or Secretary shall promptly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrators or Secretary’s assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil <page identifier="/us/stat/104/536">104 STAT. 536</page>penalties for the same violation unless the Administrator’s or Secretary’s assessment of the penalty constitutes an abuse of discretion.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <heading class="inline"><inline class="smallCaps">Collection</inline>.—</heading> <chapeau>If any person fails to pay an assessment of a civil penalty—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>after the assessment has become final, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>after a court in an action brought under subparagraph (G) has entered a final judgment in favor of the Administrator or Secretary, as the case may be,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <heading class="inline"><inline class="smallCaps">Subpoenas</inline>.—</heading> <content>The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this paragraph. In case of contumacy or refusal to obey a subpoena issued pursuant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Hazardous materials.</p></sidenote> <heading class="inline"><inline class="smallCaps">Civil penalty action</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">Discharge, generally</inline>.—</heading> <content>Any person who is the owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel of oil or unit of reportable quantity of hazardous substances discharged.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Failure to remove or comply</inline>.—</heading> <chapeau>Any person described in subparagraph (A) who, without sufficient cause—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>fails to properly carry out removal of the discharge under an order of the President pursuant to subsection (c); or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>fails to comply with an order pursuant to subsection (e)(1)(B);</content> </clause> <page identifier="/us/stat/104/537">104 STAT. 537</page> <continuation class="indent0 firstIndent0 fontsize10">shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to 3 times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading class="inline"><inline class="smallCaps">Failure to comply with regulation</inline>.—</heading><content>Any person who fails or refuses to comply with any regulation issued under subsection (j) shall be subject to a civil penalty in an amount up to $25,000 per day of violation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading class="inline"><inline class="smallCaps">Gross negligence</inline>.—</heading> <content>In any case in which a violation of paragraph (3) was the result of gross negligence or willful misconduct of a person described in subparagraph (A), the person shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <heading class="inline"><inline class="smallCaps">Jurisdiction</inline>.—</heading> <content>An action to impose a civil penalty <sidenote><p class="indent0 firstIndent0 fontsize8">Courts, U.S.</p></sidenote>under this paragraph may be brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to assess such penalty.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>A person is not liable for a civil penalty under this paragraph for a discharge if the person has been assessed a civil penalty under paragraph (6) for the discharge.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <heading class="inline"><inline class="smallCaps">Determination of amount</inline>.—</heading> <content>In determining the amount of a civil penalty under paragraphs (6) and (7), the Administrator, Secretary, or the court, as the case may be, shall consider the seriousness of the violation or violations, the economic benefit to the violator, if any, resulting from the violation, the degree of culpability involved, any other penalty for the same incident, any history of prior violations, the nature, extent, and degree of success of any efforts of the violator to minimize or mitigate the effects of the discharge, the economic impact of the penalty on the violator, and any other matters as justice may require.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <heading class="inline"><inline class="smallCaps">Mitigation of damage</inline>.—</heading> <content>In addition to establishing a <sidenote><p class="indent0 firstIndent0 fontsize8">Hazardous materials.</p></sidenote>penalty for the discharge of oil or a hazardous substance, the Administrator or the Secretary of the department in which the Coast Guard is operating may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the United States Government.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <heading class="inline"><inline class="smallCaps">Recovery of removal costs</inline>.—</heading> <content>Any costs of removal incurred in connection with a discharge excluded by subsection (a)(2)(C) of this section shall be recoverable from the owner or operator of the source of the discharge in an action brought under section 309(b) of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>Civil penalties shall not be assessed under both this section and section 309 for the same discharge.”,</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Criminal Penalties</inline>.—</heading> <content>Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by inserting after “<quotedText>308,</quotedText>” each place it appears the following: “<quotedText>311(b)(3),</quotedText>”.</content> </subsection> </section> <section> <num value="4302">SEC. 4302. </num> <heading class="inline">OTHER PENALTIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Negligent Operations</inline>.—</heading> <chapeau class="inline">Section 2302 of title 46, United States Code, is amended—</chapeau> <page identifier="/us/stat/104/538">104 STAT. 538</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (b) by striking “<quotedText>shall be fined not more than $5,000, imprisoned for not more than one year, or both.</quotedText>”, and inserting “<quotedText>commits a class A misdemeanor.</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">in subsection (c)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking “<quotedText>, shall be</quotedText>” in the matter preceding paragraph (1);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting “<quotedText>is</quotedText>” before “<quotedText>liable</quotedText>” in paragraph (1); and (C) by amending paragraph (2) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>commits a class A misdemeanor.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Inspections</inline>.—</heading> <chapeau>Section 3318 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (b) by striking “<quotedText>shall be fined not more than $10,000, imprisoned for not more than 5 years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (c) by striking “<quotedText>shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in subsection (d) by striking “<quotedText>shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in subsection (e) by striking “<quotedText>shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.</quotedText>” and inserting “<quotedText>commits a class A misdemeanor.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in the matter preceding paragraph (1) of subsection (f) by striking “<quotedText>shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Carriage of Liquid Bulk Dangerous Cargoes</inline>.—</heading> <chapeau>Section 3718 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (b) by striking “<quotedText>shall be fined not more than $50,000, imprisoned for not more than 5 years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (c) by striking “<quotedText>shall be fined not more than $100,000, imprisoned for not more than 10 years, or both.</quotedText>” and inserting “<quotedText>commits a class C felony.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Load Lines</inline>.—</heading> <chapeau>Section 5116 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (d) by striking “<quotedText>shall be fined not more than $10,000, imprisoned for not more than one year, or both.</quotedText>” and inserting “<quotedText>commits a class A misdemeanor.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (e) by striking “<quotedText>shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.</quotedText>” and inserting “<quotedText>commits a class A misdemeanor.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Complement of Inspected Vessels</inline>.—</heading> <chapeau>Section 8101 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (e) by striking “<quotedText>$50</quotedText>” and inserting “<quotedText>$1,000</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (f) by striking “<quotedText>$100, or, for a deficiency of a licensed individual, a penalty of $500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in subsection (g) by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Watches</inline>.—</heading> <chapeau>Section 8104 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (i) by striking “<quotedText>$100.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (j) by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”.</content> </paragraph> </subsection> <page identifier="/us/stat/104/539">104 STAT. 539</page> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Coastwise Pilotage</inline>.—</heading> <chapeau>Section 8502 of title 46, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (e) by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (f) by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Foreign Commerce Pilotage</inline>.—</heading> <content>Section 8503(e) of title 46, United States Code, is amended by striking “<quotedText>shall be fined not more than $50,000, imprisoned for not more than five years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Crew Requirements</inline>.—</heading> <content>Section 8702(e) of title 46, United States Code, is amended by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$10,000.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Ports and Waterways Safety Act</inline>.—</heading> <chapeau>Section 13(b) of the Port and Waterways Safety Act (33 U.S.C. 1232(b)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (1) by striking “<quotedText>shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (2) by striking “<quotedText>shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned for not more than 10 years, or both.</quotedText>” and inserting “<quotedText>commits a class C felony.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="k">(k) </num> <heading class="inline"><inline class="smallCaps">Vessel Navigation</inline>.—</heading> <chapeau>Section 4 of the Act of April 28, 1908 (33 U.S.C. 1236) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (b) by striking “<quotedText>$500.</quotedText>” and inserting “<quotedText>$5,000.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (c) by striking “<quotedText>$500,</quotedText>” and inserting “<quotedText>$5,000,</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in subsection (d) by striking “<quotedText>$250.</quotedText>” and inserting “<quotedText>$2,500.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="l">(l) </num> <heading class="inline"><inline class="smallCaps">Intervention on the High Seas Act</inline>.—</heading> <chapeau>Section 12(a) of the Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the matter preceding paragraph (1) by striking “<quotedText>Any person who</quotedText>” and inserting “<quotedText>A person commits a class A misdemeanor if that person</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (3) by striking “<quotedText>, shall be fined not more than $10,000 or imprisoned not more than one year, or both</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="m">(m) </num> <heading class="inline"><inline class="smallCaps">Deepwater Port Act of 1974</inline>.—</heading> <content>Section 15(a) of the Deep-water Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking “<quotedText>shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both.</quotedText>” and inserting “<quotedText>commits a class A misdemeanor for each day of violation.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="n">(n) </num> <heading class="inline"><inline class="smallCaps">Act To Prevent Pollution From Ships</inline>.—</heading> <content>Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking “<quotedText>shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both.</quotedText>” and inserting “<quotedText>commits a class D felony.</quotedText>”.</content> </subsection> </section> <section> <num value="4303">SEC. 4303. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2716a">33 USC 2716a</ref>.</p></sidenote> <heading class="inline">FINANCIAL RESPONSIBILITY CIVIL PENALTIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Administrative</inline>.—</heading> <content>Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 1016 or the regulations issued under that section, or with a denial or detention order issued under subsection (c)(2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President <page identifier="/us/stat/104/540">104 STAT. 540</page>shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Judicial</inline>.—</heading> <content>In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with this section 1016, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require.</content> </subsection> </section> <section> <num value="4304">SEC. 4304. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s9509">26 USC 9509 note</ref>.</p></sidenote> <heading class="inline">DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND.</heading> <content>Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of that Act, as a result of violations of section 311 of that Act, and the Deepwater Port Act of 1974, shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).</content> </section> <section> <num value="4305">SEC. 4305. </num> <heading class="inline">INSPECTION AND ENTRY.</heading> <content>Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="m">“(m) </num> <heading class="inline"><inline class="smallCaps">Administrative Provisions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">For vessels</inline>.—</heading> <chapeau>Anyone authorized by the President to enforce the provisions of this section with respect to any vessel may, except as to public vessels—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>with or without a warrant, arrest any person who in the presence or view of the authorized person violates the provisions of this section or any regulation issued thereunder, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>execute any warrant or other process issued by an officer or court of competent jurisdiction.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">For facilities</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p><p class="indent0 firstIndent0 fontsize8">Records.</p></sidenote> <heading class="inline"><inline class="smallCaps">Recordkeeping</inline>.—</heading> <content>Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this section applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other information as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Entry and inspection</inline>.—</heading> <chapeau>Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating or an authorized representative of the Adminis-<page identifier="/us/stat/104/541">104 STAT. 541</page>trator or Secretary, upon presentation of appropriate credentials, may—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>enter and inspect any facility to which this section applies, including any facility at which any records are required to be maintained under subparagraph (A); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading class="inline"><inline class="smallCaps">Arrests and execution of warrants</inline>.—</heading> <chapeau>Anyone authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to en-force the provisions of this section with respect to any facility may—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued thereunder in the presence or view of the person so authorized; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>execute any warrant or process issued by an officer or court of competent jurisdiction.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading class="inline"><inline class="smallCaps">Public access</inline>.—</heading> <content>Any records, reports, or information obtained under this paragraph shall be subject to the same public access and disclosure requirements which are applicable to records, reports, and information obtained pursuant to section 308.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="4306">SEC. 4306. </num> <heading class="inline">CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT.</heading> <content>Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p></sidenote> <heading class="inline"><inline class="smallCaps">Civil Enforcement</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Orders protecting public health</inline>.—</heading> <chapeau>In addition to any action taken by a State or local government, when the President determines that there may be an imminent and substantial threat to the public health or welfare of the United States, including fish, shellfish, and wildlife, public and private property, shorelines, beaches, habitat, and other living and nonliving natural resources under the jurisdiction or control of the United States, because of an actual or threatened discharge of oil or a hazardous substance from a vessel or facility in violation of subsection (b), the President may—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or facility, as may be necessary to abate such endangerment; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>after notice to the affected State, take any other action under this section, including issuing administrative orders, that may be necessary to protect the public health and welfare.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Jurisdiction of district courts</inline>.—</heading> <content>The district courts of the United States shall have jurisdiction to grant any relief under this subsection that the public interest and the equities of the case may require.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> </subtitle> 104 STAT. 542 <num value="V">TITLE V—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Alaska.</p><p class="indent0 firstIndent0 fontsize8">Research and development.</p></sidenote> <heading class="inline">PRINCE WILLIAM SOUND PROVISIONS</heading> <section> <num value="5001">SEC. 5001. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2731">33 USC 2731</ref>.</p></sidenote> <heading class="inline">OIL SPILL RECOVERY INSTITUTE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Institute</inline>.—</heading> <content>The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the “Institute”) to be administered by the Secretary of Commerce through the Prince William Sound Science and Technology Institute and located in Cordova, Alaska.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Functions</inline>.—</heading> <chapeau>The Institute shall conduct research and carry out educational and demonstration projects designed to—</chapeau ><paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of the EXXON VALDEZ oil spill on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to the EXXON VALDEZ oil spill or the effects thereof.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Advisory Board</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The policies of the Institute shall be determined by an advisory board, composed of 18 members appointed as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>One representative appointed by each of the Commissioners of Fish and Game, Environmental Conservation, Natural Resources, and Commerce and Economic Development of the State of Alaska, all of whom shall be State employees.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">One representative appointed by each of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the Secretaries of Commerce, the Interior, Agriculture, Transportation, and the Navy; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the Administrator of the Environmental Protection Agency;</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">all of whom shall be Federal employees.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>4 representatives appointed by the Secretary of Commerce from among residents of communities in Alaska that were affected by the EXXON VALDEZ oil spill who are knowledgeable about fisheries, other local industries, the marine environment, wildlife, public health, safety, or education. At least 2 of the representatives shall be appointed from among residents of communities located in Prince William Sound. The Secretary shall appoint residents to serve terms of 2 years each, from a list of 8 qualified individuals to be submitted by the Governor of the State of Alaska based on recommendations made by the governing body of each affected community. Each affected community may submit the names of 2 qualified individuals for the Governor’s consideration. No more than 5 of the 8 qualified <page identifier="/us/stat/104/543">104 STAT. 543</page>persons recommended by the Governor shall be members of the same political party.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>3 Alaska Natives who represent Native entities affected by the EXXON VALDEZ oil spill, at least one of whom represents an entity located in Prince William Sound, to serve terms of 2 years each from a list of 6 qualified individuals submitted by the Alaska Federation of Natives.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>One nonvoting representative of the Institute of Marine Science.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>One nonvoting representative appointed by the Prince William Sound Science and Technology Institute.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Chairman</inline>.—</heading> <content>The representative of the Secretary of Commerce shall serve as Chairman of the Advisory Board.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Policies</inline>.—</heading> <content>Policies determined by the Advisory Board under this subsection shall include policies for the conduct and support, through contracts and grants awarded on a nationally competitive basis, of research, projects, and studies to be sup-ported by the Institute in accordance with the purposes of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <heading class="inline"><inline class="smallCaps">Scientific and Technical Committee</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The Advisory Board shall establish a scientific and technical committee, composed of specialists in matters relating to oil spill containment and cleanup technology, arctic and subarctic marine ecology, and the living resources and socioeconomics of Prince William Sound and its adjacent waters, from the University of Alaska, the Institute of Marine Science, the Prince William Sound Science and Technology Institute, and elsewhere in the academic community.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Functions</inline>.—</heading> <content>The Scientific and Technical Committee shall provide such advice to the Advisory Board as the Advisory Board shall request, including recommendations regarding the conduct and support of research, projects, and studies in accordance with the purposes of this section. The Advisory Board shall not request, and the Committee shall not provide, any advice which is not directly related to the EXXON VALDEZ oil spill or the effects thereof.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Director</inline>.—</heading> <content>The Institute shall be administered by a Director appointed by the Secretary of Commerce. The Prince William Sound Science and Technology Institute, the Advisory Board, and the Scientific and Technical Committee may each submit independent recommendations for the Secretary’s consideration for appointment as Director. The Director may hire such staff and incur such expenses on behalf of the Institute as are authorized by the Advisory Board.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Evaluation</inline>.—</heading> <content>The Secretary of Commerce may conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Audit</inline>.—</heading> <content>The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute and its administering agency that are pertinent to the funds received and expended by the Institute and its administering agency.</content> </subsection> <page identifier="/us/stat/104/544">104 STAT. 544</page> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Status of Employees</inline>.—</heading> <content>Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Termination</inline>.—</heading> <content class="inline">The Institute shall terminate 10 years after the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <content>All funds authorized for the Institute shall be provided through the National Oceanic and Atmospheric Administration. No funds made available to carry out this section may be used to initiate litigation. No funds made available to carry out this section may be used for the acquisition of real property (including buildings) or construction of any building. No more than 20 percent of funds made available to carry out this section may be used to lease necessary facilities and to administer the Institute. None of the funds authorized by this section shall be used for any purpose other than the functions specified in subsection (b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">(k) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <heading class="inline"><inline class="smallCaps">Research</inline>.—</heading> <content class="inline">The Institute shall publish and make available to any person upon request the results of all research, educational, and demonstration projects conducted by the Institute. The Administrator shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Oceanic and Atmospheric Administration.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="l">(l) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <content>In this section, the term “Prince William Sound and its adjacent waters” means such sound and waters as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”.</content> </subsection> </section> <section> <num value="5002">SEC. 5002. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2732">33 USC 2732</ref>.</p></sidenote> <heading class="inline">TERMINAL AND TANKER OVERSIGHT AND MONITORING.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Short Title and Findings</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Short title</inline>.—</heading> <content>This section may be cited as the “<shortTitle role="section">Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990</shortTitle>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;</content> </subparagraph> <page identifier="/us/stat/104/545">104 STAT. 545</page> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">(J) </num> <content>similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Demonstration Programs</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <content class="inline">There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as “<quotedText>Programs</quotedText>”) to be carried out in the State of Alaska.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Advisory function</inline>.—</heading> <content>The function of these Programs shall be advisory only.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Purpose</inline>.—</heading> <content>The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oil tankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Suits barred</inline>.—</heading> <content>No program, association, council, commit-tee or other organization created by this section may sue any person or entity, public or private, concerning any matter arising under this section except for the performance of contracts.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Oil Terminal Facilities and Oil Tanker Operations Association</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <content>There is established an Oil Terminal Facilities and Oil Tanker Operations Association (hereinafter in this section referred to as the “<quotedText>Association</quotedText>”) for each of the Programs established under subsection (b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Membership</inline>.—</heading> <chapeau>Each Association shall be comprised of 4 individuals as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Responsibilities</inline>.—</heading> <content>Each Association shall be responsible for reviewing policies relating to the operation and maintenance of the oil terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of their respective terminals. Each Association shall provide a forum among the owners and operators of the terminal facilities, the owners and operators of crude oil tankers calling at those <page identifier="/us/stat/104/546">104 STAT. 546</page>facilities, the United States, and the State of Alaska to discuss and to make recommendations concerning all permits, plans, and site-specific regulations governing the activities and actions of the terminal facilities which affect or may affect the environment in the vicinity of the terminal facilities and of crude oil tankers calling at those facilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Designation of existing organization</inline>.—</heading> <content>The Secretary may designate an existing nonprofit organization as an Association under this subsection if the organization is organized to meet the purposes of this section and consists of at least the individuals listed in paragraph (2).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Regional Citizens’ Advisory Councils</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Membership</inline>.—</heading> <content>There is established a Regional Citizens’ Advisory Council (hereinafter in this section referred to as the “Council”) for each of the programs established by subsection (b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Membership</inline>.—</heading> <chapeau>Each Council shall be composed of voting members and nonvoting members, as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Voting members</inline>.—</heading> <chapeau>Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Governor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consideration the need for regional balance on the Council:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>Local commercial fishing industry organizations, the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>Aquaculture associations in the vicinity of the terminal facilities.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>Environmental organizations the members of which reside in the vicinity of the terminal facilities.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">(v) </num> <content>Recreational organizations the members of which reside in or use the vicinity of the terminal facilities.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">(vi) </num> <content>The Alaska State Chamber of Commerce, to rep-resent the locally based tourist industry.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">(vii) </num> <subclause class="inline"> <num value="I">(I) </num> <content class="inline">For the Prince William Sound Terminal Facilities Council, one representative selected by each of the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.</content></subclause> <subclause class="indent0 firstIndent1 fontsize10"> <num value="II">(II) </num> <content>For the Cook Inlet Terminal Facilities Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Nonvoting members</inline>.—</heading> <chapeau>One exofficio, nonvoting representative shall be designated by, and represent, each of the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>The Environmental Protection Agency.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>The Coast Guard.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>The National Oceanic and Atmospheric Administration.</content> </clause> <page identifier="/us/stat/104/547">104 STAT. 547</page> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>The United States Forest Service.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">(v) </num> <content>The Bureau of Land Management.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">(vi) </num> <content>The Alaska Department of Environmental Conservation.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">(vii) </num> <content>The Alaska Department of Fish and Game.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="viii">(viii) </num> <content>The Alaska Department of Natural Resources.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ix">(ix) </num> <content>The Division of Emergency Services, Alaska Department of Military and Veterans Affairs.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Terms</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Duration of councils</inline>.—</heading> <content>The term of the Councils shall continue throughout the life of the operation of the Trans-Alaska Pipeline System and so long as oil is trans-ported to or from Cook Inlet.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Three years</inline>.—</heading><content>The voting members of each Council shall be appointed for a term of 3 years except as provided for in subparagraph (C).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading class="inline"><inline class="smallCaps">Initial appointments</inline>.—</heading> <chapeau>The terms of the first appointments shall be as follows:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>For the appointments by the Governor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Self-governing</inline>.—</heading> <content>Each Council shall elect its own chair-person, select its own staff, and make policies with regard to its internal operating procedures. After the initial organizational meeting called by the Secretary under subsection (i), each Council shall be self-governing.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Dual membership and conflicts of interest prohibited</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">No individual selected as a member of the Council shall serve on the Association.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>No individual selected as a voting member of the Council shall be engaged in any activity which might conflict with such individual carrying out his functions as a member thereof.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading class="inline"><inline class="smallCaps">Duties</inline>.—</heading> <chapeau>Each Council shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>monitor those aspects of terminal facilities’ and crude oil tankers’ operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet;</content> </subparagraph> <page identifier="/us/stat/104/548">104 STAT. 548</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>provide advice and recommendations to the Association on port operations, policies and practices;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <chapeau class="inline">recommend to the Association—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal facilities’ and crude oil tankers operations in the vicinity of the terminal facilities;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>modifications of terminal facility operations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>create additional committees of the Council as necessary to carry out the above functions, including a scientific and technical advisory committee to the Prince William Sound Council.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading class="inline"><inline class="smallCaps">No estoppel</inline>.—</heading> <content>No Council shall be held liable under State or Federal law for costs or damages as a result of rendering advice under this section. Nor shall any advice given by a voting member of a Council, or program representative or agent, be grounds for estopping the interests represented by the voting Council members from seeking damages or other appropriate relief.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <heading class="inline"><inline class="smallCaps">Scientific work</inline>.—</heading> <content>In carrying out its research, development and monitoring functions, each Council is authorized to conduct its own scientific research and shall review the scientific work undertaken by or on behalf of the terminal opera-tors or crude oil tanker operators as a result of a legal requirement to undertake that work. Each Council shall also review the relevant scientific work undertaken by or on behalf of any government entity relating to the terminal facilities or crude oil tankers. To the extent possible, to avoid unnecessary duplication, each Council shall coordinate its independent scientific work with the scientific work performed by or on behalf of the terminal operators and with the scientific work performed by or on behalf of the operators of the crude oil tankers.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Committee for Terminal and Oil Tanker Operations and Environmental Monitoring</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Monitoring committee</inline>.—</heading> <content>Each Council shall establish a standing Terminal and Oil Tanker Operations and Environmental Monitoring Committee (hereinafter in this section referred to as the “Monitoring Committee”) to devise and manage a comprehensive program of monitoring the environmental impacts of the operations of terminal facilities and of crude oil tankers while operating in Prince William Sound and Cook Inlet. The membership of the Monitoring Committee shall be made up of members of the Council, citizens, and recognized scientific experts selected by the Council.</content> </paragraph> <page identifier="/us/stat/104/549">104 STAT. 549</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Duties</inline>.—</heading> <chapeau>In fulfilling its responsibilities, the Monitoring Committee shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>develop monitoring programs and make recommendations to the Council on the implementation of those programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>at its discretion, select and contract with universities and other scientific institutions to carry out specific monitoring projects authorized by the Council pursuant to an approved monitoring strategy;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>complete any other tasks assigned by the Council; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>provide written reports to the Council which interpret <sidenote><p class="indent0 firstIndent0 fontsize8">Reports</p></sidenote>and assess the results of all monitoring programs.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Committee for Oil Spill Prevention, Safety, and Emergency Response</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Technical oil spill committee</inline>.—</heading> <content>Each Council shall establish a standing technical committee (hereinafter referred to as “Oil Spill Committee”) to review and assess measures designed to prevent oil spills and the planning and preparedness for responding to, containing, cleaning up, and mitigating impacts of oil spills. The membership of the Oil Spill Committee shall be made up of members of the Council, citizens, and recognized technical experts selected by the Council.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Duties</inline>.—</heading> <chapeau>In fulfilling its responsibilities, the Oil Spill Committee shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">)C) </num> <content class="inline">study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>monitor developments in oil spill prevention, containment, response, and cleanup technology;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>complete any other tasks assigned by the Council; and<sidenote><p class="indent0 firstIndent0 fontsize8">Reports</p></sidenote></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>provide written reports to the Council outlining its findings and recommendations.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Agency Cooperation</inline>.—</heading> <content>On and after the expiration of the 180-day period following the date of the enactment of this section, each <page identifier="/us/stat/104/550">104 STAT. 550</page>Federal department, agency, or other instrumentality shall, with respect to all permits, site-specific regulations, and other matters governing the activities and actions of the terminal facilities which affect or may affect the vicinity of the terminal facilities, consult with the appropriate Council prior to taking substantive action with respect to the permit, site-specific regulation, or other matter. This consultation shall be carried out with a view to enabling the appropriate Association and Council to review the permit, site-specific regulation, or other matters and make appropriate recommendations regarding operations, policy or agency actions. Prior consultation shall not be required if an authorized Federal agency representative reasonably believes that an emergency exists requiring action without delay.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Recommendations of the Council</inline>.—</heading> <content>Ln the event that the Association does not adopt, or significantly modifies before adoption, any recommendation of the Council made pursuant to the authority granted to the Council in subsection (d), the Association shall provide to the Council, in writing, within 5 days of its decision, notice of its decision and a written statement of reasons for its rejection or significant modification of the recommendation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Administrative Actions</inline>.—</heading> <content class="inline">Appointments, designations, and selections of individuals to serve as members of the Associations and Councils under this section shall be submitted to the Secretary prior to the expiration of the 120-day period following the date of the enactment of this section. On or before the expiration of the 180-day period following that date of enactment of this section, the Secretary shall call an initial meeting of each Association and Council for organizational purposes.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Location and Compensation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Location</inline>.—</heading> <content>Each Association and Council established by this section shall be located in the State of Alaska.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Compensation</inline>.—</heading> <content>No member of an Association or Council shall be compensated for the member’s services as a member of the Association or Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at a rate established by the Association or Council not to exceed the rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. However, each Council may enter into contracts to provide compensation and expenses to members of the committees created under subsections (d), (e), and (f).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="k">(k) </num> <heading class="inline"><inline class="smallCaps">Funding</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Requirement</inline>.—</heading> <content>Approval of the contingency plans required of owners and operators of the Cook Inlet and Prince William Sound terminal facilities and crude oil tankers while operating in Alaskan waters in commerce with those terminal facilities shall be effective only so long as the respective Association and Council for a facility are funded pursuant to paragraph (2).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Prince william sound program</inline>.—</heading> <chapeau>The owners or opera-tors of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;</content> </subparagraph> <page identifier="/us/stat/104/551">104 STAT. 551</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>shall be adjusted annually by the Anchorage Consumer Price Index; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Cook inlet program</inline>.—</heading> <chapeau>The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not more than $1,000,000, as determined by the Secretary. Such amount—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>shall be adjusted annually by the Anchorage Consumer Price Index; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="l">(l) </num> <heading class="inline"><inline class="smallCaps">Reports</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Associations and councils</inline>.—</heading> <content>Prior to the expiration of the 36-month period following the date of the enactment of this section, each Association and Council established by this section shall report to the President and the Congress concerning its activities under this section, together with its recommendations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline">GAO.—</heading> <content>Prior to the expiration of the 36-month period following the date of the enactment of this section, the General Accounting Office shall report to the President and the Congress as to the handling of funds, including donated funds, by the entities carrying out the programs under this section, and the effectiveness of the demonstration programs carried out under this section, together with its recommendations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="m">(m) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>As used in this section, the term—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">“terminal facilities” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">“crude oil tanker” means a tanker (as that term is defined under section 2101 of title 46, United States Code)—</chapeau> <page identifier="/us/stat/104/552">104 STAT. 552</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“vicinity of the terminal facilities” means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“Secretary” means the Secretary of Transportation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="n">(n) </num> <heading class="inline"><inline class="smallCaps">Savings Clause</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Regulatory authority</inline>.—</heading> <chapeau>Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this section shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Recommendations</inline>.—</heading> <content>This subsection is not intended to prevent the Association or Council from recommending to appropriate authorities that existing legal requirements should be modified or that new legal requirements should be adopted,</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="o">(o) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Alternative Voluntary Advisory Group in Lieu of Council</inline>.—</heading> <chapeau class="inline">The requirements of subsections (c) through (1), as such subsections apply respectively to the Prince William Sound Program and the Cook Inlet Program, are deemed to have been satisfied so long as the following conditions are met:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Prince william sound</inline>.—</heading> <content>With respect to the Prince William Sound Program, the Alyeska Pipeline Service Company or any of its owner companies enters into a contract for the duration of the operation of the Trans-Alaska Pipeline System with the Alyeska Citizens Advisory Committee in existence on the date of enactment of this section, or a successor organization, to fund that Committee or organization on an annual basis in the amount provided for by subsection (k)(2)(A) and the President annually certifies that the Committee or organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Prince William Sound.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Cook inlet</inline>.—</heading> <content>With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory <page identifier="/us/stat/104/553">104 STAT. 553</page>organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet.</content> </paragraph> </subsection> </section> <section> <num value="5003">SEC. 5003. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2733">33 USC 2733</ref>.</p></sidenote> <heading class="inline">BLIGH REEF LIGHT.</heading> <content>The Secretary of Transportation shall within one year after the date of the enactment of this title install and ensure operation of an automated navigation light on or adjacent to Bligh Reef in Prince William Sound, Alaska, of sufficient power and height to provide long-range warning of the location of Bligh Reef.</content> </section> <section> <num value="5004">SEC. 5004. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2734">33 USC 2734</ref>.</p></sidenote> <heading class="inline">VESSEL TRAFFIC SERVICE SYSTEM.</heading> <chapeau>The Secretary of Transportation shall within one year after the date of the enactment of this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>acquire, install, and operate such additional equipment <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>(which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>submit to the Committee on Commerce, Science, and <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1).</content> </paragraph> </section> <section> <num value="5005">SEC. 5005. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2735">33 USC 2735</ref>.</p></sidenote> <heading class="inline">EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK VESSEL AND FACILITY RESPONSE PLANS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>In addition to the requirements for response plans for vessels established by section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, a response plan for a tank vessel operating on Prince William Sound, or a facility permitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), shall provide for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;</content> </paragraph> <page identifier="/us/stat/104/554">104 STAT. 554</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>periodic testing and certification of equipment required under this paragraph, as required by the Secretary.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>In this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">the term “worst case discharge” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of a facility, the largest foreseeable discharge in adverse weather conditions.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="5006">SEC. 5006. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2736">33 USC 2736</ref>.</p></sidenote> <heading class="inline">FUNDING.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Section 5001</inline>.—</heading> <chapeau>Amounts in the Fund shall be available, subject to appropriations, and shall remain available until expended, to carry out section 5001 as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$5,000,000 shall be available for the first fiscal year beginning after the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$2,000,000 shall be available for each of the 9 fiscal years following the fiscal year described in paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Sections 5003 and 5004</inline>.—</heading> <content>Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out sections 5003 and 5004, in an amount not to exceed $5,000,000.</content> </subsection> </section> <section> <num value="5007">SEC. 5007. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2737">33 USC 2737</ref>.</p></sidenote> <heading class="inline">LIMITATION.</heading> <content>Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska.</content> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <num value="6001">SEC. 6001. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2751">33 USC 2751</ref>.</p></sidenote> <heading class="inline">SAVINGS PROVISIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Cross-References</inline>.—</heading> <content>A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Continuation of Regulations</inline>.—</heading> <content>An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Rule of Construction</inline>.—</heading> <content>An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Actions and Rights</inline>.—</heading> <content>Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Admiralty and Maritime Law</inline>.—</heading> <chapeau>Except as otherwise provided in this Act, this Act does not affect—</chapeau> <page identifier="/us/stat/104/555">104 STAT. 555</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>admiralty and maritime law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.</content> </paragraph> </subsection> </section> <section> <num value="6002">SEC. 6002. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2752">33 USC 2752</ref>.</p></sidenote> <heading class="inline">ANNUAL APPROPRIATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Required</inline>.—</heading> <content>Except as provided in subsection (b), amounts in the Fund shall be available only as provided in annual appropriation Acts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <content>Subsection (a) shall not apply to sections 1006(f), 1012(a)(4), or 5006(b), and shall not apply to an amount not to exceed $50,000,000 in any fiscal year which the President may make available from the Fund to carry out section 311(c) of the Federal Water Pollution Control Act, as amended by this Act, and to initiate the assessment of natural resources damages required under section 1006. Sums to which this subsection applies shall remain available until expended.</content> </subsection> </section> <section> <num value="6003">SEC. 6003. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Outer Banks Protection Act.</p><p class="indent0 firstIndent0 fontsize8">North Carolina.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2753">33 USC 2753</ref>.</p></sidenote> <heading class="inline">OUTER BANKS PROTECTION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Short Title</inline>.—</heading> <content>This section may be cited as the “<shortTitle role="section">Outer Banks Protection Act</shortTitle>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Outer Banks of North Carolina is an area of exceptional environmental fragility and beauty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the annual economic benefits of commercial and recreational fishing activities to North Carolina, which could be adversely affected by oil or gas development offshore the State’s coast, exceeds $1,000,000,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the major industry in coastal North Carolina is tourism, which is subject to potentially significant disruption by offshore oil or gas development;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the physical oceanographic characteristics of the area offshore North Carolina between Cape Hatteras and the mouth of the Chesapeake Bay are not well understood, being affected by Gulf Stream western boundary perturbations and accompanying warm filaments, warm and cold core rings which separate from the Gulf Stream, wind stress, outflow from the Chesapeake Bay, Gulf Stream meanders, and intrusions of Virginia coastal waters around and over the Diamond shoals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>diverse and abundant fisheries resources occur in the western boundary area of the Gulf Stream offshore North Carolina, but little is understood of the complex ecological relationships between the life histories of those species and their physical, chemical, and biological environment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the environmental impact statements prepared for Outer Continental Shelf lease sales numbered 56 (1981) and 78 (1983) contain insufficient and outdated environmental information from which to make decisions on approval of additional oil and gas leasing, exploration, and development activities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the draft environmental report, dated November 1, 1989, and the preliminary final environmental report dated June 1, 1990, prepared pursuant to a July 14, 1989 memorandum of understanding between the State of North Carolina, the Department of the Interior, and the Mobil Oil Company, have not allayed concerns about the adequacy of the environmental information available to determine whether to proceed with <page identifier="/us/stat/104/556">104 STAT. 556</page>additional offshore leasing, exploration, or development off-shore North Carolina; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <chapeau class="inline">the National Research Council report entitled “The Adequacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California”, issued in 1989, concluded that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>information with respect to those States, which have received greater scrutiny than has North Carolina, is inadequate; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>there are serious generic defects in the Minerals Management Service’s methods of environmental analysis,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">reinforcing concerns about the adequacy of the scientific and technical information which are the basis for a decision to lease additional tracts or approve an exploration plan offshore North Carolina, especially with respect to oceanographic, ecological, and socioeconomic information.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Prohibition of Oil and Gas Leasing, Exploration, and Development</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Prohibition</inline>.—</heading> <chapeau>The Secretary of the Interior shall not—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>conduct a lease sale;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>issue any new leases;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>approve any exploration plan;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>approve any development and production plan;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>approve any application for permit to drill; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>permit any drilling,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">for oil or gas under the Outer Continental Shelf Lands Act on any lands of the Outer Continental Shelf offshore North Carolina.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Boundaries</inline>.—</heading> <chapeau>For purposes of paragraph (1), the term “offshore North Carolina” means the area within the lateral seaward boundaries between areas offshore North Carolina and areas offshore—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Virginia as provided in the joint resolution entitled “Joint resolution granting the consent of Congress to an agreement between the States of North Carolina and Virginia establishing their lateral seaward boundary” approved October 27, 1972 (86 Stat. 1298); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>South Carolina as provided in the Act entitled “An Act granting the consent of Congress to the agreement between the States of North Carolina and South Carolina establishing their lateral seaward boundary” approved October 9, 1981 (95 Stat. 988).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Duration of prohibition</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The prohibition under paragraph (1) shall remain in effect until the later of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>October 1, 1991; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <chapeau class="inline">45 days of continuous session of the Congress after submission of a written report to the Congress by the Secretary of the Interior, made after consideration of the findings and recommendations of the Environmental Sciences Review Panel under subsection (e)—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>certifying that the information available, including information acquired pursuant to subsection (d), is sufficient to enable the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in paragraph (1); and</content> </subclause> <page identifier="/us/stat/104/557">104 STAT. 557</page> <subclause class="firstIndent1 fontsize10"> <num value="II">(II) </num> <content>including a detailed explanation of any differences between such certification and the findings and recommendations of the Environmental Sciences Review Panel under subsection (e), and a detailed justification of each such difference.</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Continuous session of congress</inline>.—</heading> <chapeau>In computing any 45-day period of continuous session of Congress under subparagraph (A)(ii)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>continuity of session is broken only by an adjournment of the Congress sine die; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain are excluded.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Additional Environmental Information</inline>.—</heading> <content>The Secretary of the Interior shall undertake ecological and socioeconomic studies, additional physical oceanographic studies, including actual field work and the correlation of existing data, and other additional environmental studies, to obtain sufficient information about all significant conditions, processes, and environments which influence, or may be influenced by, oil and gas leasing, exploration, and development activities offshore North Carolina to enable the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in subsection (c)(1). During the time that the Environmental Sciences Review Panel established under subsection (e) is in existence, the Secretary of the Interior shall consult with such Panel in carrying out this subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Establishment.</p></sidenote> <heading class="inline"><inline class="smallCaps">Environmental Sciences Review Panel</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment and membership</inline>.—</heading> <chapeau>There shall be established an Environmental Sciences Review Panel, to consist of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>1 marine scientist selected by the Secretary of the Interior;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>1 marine scientist selected by the Governor of North Carolina; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>1 person each from the disciplines of physical oceanography, ecology, and social science, to be selected jointly by the Secretary of the Interior and the Governor of North Carolina from a list of individuals nominated by the National Academy of Sciences.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Functions</inline>.—</heading> <chapeau>Not later than 6 months after the date of the enactment of this Act, the Environmental Sciences Review Panel shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">prepare and submit to the Secretary of the Interior findings and recommendations—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>assessing the adequacy of available physical oceanographic, ecological, and socioeconomic information in enabling the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing the activities described in subsection (c)(1); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>if such available information is not adequate for such purposes, indicating what additional information is required to enable the Secretary to carry out such responsibilities; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>consult with the Secretary of the Interior as provided in subsection (d).</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/558">104 STAT. 558</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Expenses</inline>.—</heading> <content>Each member of the Environmental Sciences Review Panel shall be reimbursed for actual travel expenses and shall receive per diem in lieu of subsistence for each day such member is engaged in the business of the Environmental Sciences Review Panel.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Termination</inline>.—</heading> <content>The Environmental Sciences Review Panel shall be terminated after the submission of all findings and recommendations required under paragraph (2)(A).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to the Secretary of the Interior to carry out this section not to exceed $500,000 for fiscal year 1991, to remain available until expended.</content> </subsection> </section> <section> <num value="6004">SEC. 6004. </num> <heading class="inline">COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEARING AREAS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Amendment to Outer Continental Shelf Lands Act</inline>.—</heading> <content>Section 5 of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1334), is amended by adding a new subsection (j) as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <heading class="inline"><inline class="smallCaps">Cooperative Development of Common Hydrocarbon-Bear-ing Areas</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">The Congress of the United States finds that the unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing geological area underlying the Federal and State boundary may result in a number of harmful national effects, including—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the drilling of unnecessary wells, the installation of unnecessary facilities and other imprudent operating practices that result in economic waste, environmental damage, and damage to life and property;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the physical waste of hydrocarbons and an unnecessary reduction in the amounts of hydrocarbons that can be produced from certain hydrocarbon-bearing areas; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the loss of correlative rights which can result in the reduced value of national hydrocarbon resources and disorders in the leasing of Federal and State resources.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Prevention of harmful effects</inline>.—</heading> <content>The Secretary shall prevent, through the cooperative development of an area, the harmful effects of unrestrained competitive production of hydrocarbons from a common hydrocarbon-bearing area underlying the Federal and State boundary.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Louisiana.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1334">43 USC 1334 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Exception for West Delta Field</inline>.—</heading> <content>Section 5(j) of the Outer Continental Shelf Lands Act, as added by this section, shall not be applicable with respect to Blocks 17 and 18 of the West Delta Field offshore Louisiana.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are hereby authorized to be appropriated such sums as may be necessary to provide compensation, including interest, to the State of Louisiana and its lessees, for net drainage of oil and gas resources as determined in the Third Party Factfinder Louisiana Boundary Study dated March 21, 1989. For purposes of this section, such lessees shall include those persons with an ownership interest in State of Louisiana leases SL10087, SL10088 or SL10187, or ownership interests in the production or proceeds therefrom, as established by assignment, <page identifier="/us/stat/104/559">104 STAT. 559</page>contract or otherwise. Interest shall be computed for the period March 21, 1989 until the date of payment.</content> </subsection> </section> <num value="VII">TITLE VII—</num> <heading class="inline">OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM</heading> <section> <num value="7001">SEC. 7001. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t33/s2761">33 USC 2761</ref>.</p></sidenote> <heading class="inline">OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Interagency Coordinating Committee on Oil Pollution Research</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <content>There is established an Interagency Coordinating Committee on Oil Pollution Research (hereinafter in this section referred to as the “Interagency Committee”).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Purposes</inline>.—</heading> <content>The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, universities, research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Membership</inline>.—</heading> <content>The Interagency Committee shall include representatives from the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the Minerals Management Service and the United States Fish and Wildlife Service), the Department of Transportation (including the United States Coast Guard, the Maritime Administration, and the Research and Special Projects Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Environmental Protection Agency, the National Aeronautics and Space Administration, and the United States Fire Administration in the Federal Emergency Management Agency, as well as such other Federal agencies as the President may designate.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">A representative of the Department of Transportation shall serve as Chairman.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Oil Pollution Research and Technology Plan</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Implementation plan</inline>.—</heading> <chapeau>Within 180 days after the date of enactment of this Act, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c). The research plan shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>identify agency roles and responsibilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>identify significant oil pollution research gaps including an assessment of major technological deficiencies in responses to past oil discharges;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>estimate the resources needed to conduct the oil pollution research and development program established <page identifier="/us/stat/104/560">104 STAT. 560</page>pursuant to subsection (c), and timetables for completing research tasks; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>identify, in consultation with the States, regional oil pollution research needs and priorities for a coordinated, multidisciplinary program of research at the regional level.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Advice and guidance</inline>.—</heading> <chapeau>The Chairman, through the Department of Transportation, shall contract with the National Academy of Sciences to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>provide advice and guidance in the preparation and development of the research plan; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Oil Pollution Research and Development Program</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <content>The Interagency Committee shall coordinate the establishment, by the agencies represented on the Interagency Committee, of a program for conducting oil pollution research and development, as provided in this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Innovative oil pollution technology</inline>.—</heading> <chapeau>The program established under this subsection shall provide for research, development, and demonstration of new or improved technologies which are effective in preventing or mitigating oil discharges and which protect the environment, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>development of improved designs for vessels and facilities, and improved operational practices;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>research, development, and demonstration of improved technologies to measure the ullage of a vessel tank, prevent discharges from tank vents, prevent discharges during lightering and bunkering operations, contain discharges on the deck of a vessel, prevent discharges through the use of vacuums in tanks, and otherwise contain discharges of oil from vessels and facilities;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>research, development, and demonstration of new or improved systems of mechanical, chemical, biological, and other methods (including the use of dispersants, solvents, and bioremediation) for the recovery, removal, and disposal of oil, including evaluation of the environmental effects of the use of such systems;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Texas.</p></sidenote> <content>research and training, in consultation with the National Response Team, to improve industry’s and Government’s ability to quickly and effectively remove an oil discharge, including the long-term use, as appropriate, of the National Spill Control School in Corpus Christi, Texas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>research to improve information systems for decision--making, including the use of data from coastal mapping, baseline data, and other data related to the environmental effects of oil discharges, and cleanup technologies;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>development of technologies and methods to protect public health and safety from oil discharges, including the population directly exposed to an oil discharge;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>development of technologies, methods, and standards for protecting removal personnel, including training, ade-<page identifier="/us/stat/104/561">104 STAT. 561</page>quate supervision, protective equipment, maximum exposure limits, and decontamination procedures;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>research and development of methods to restore and rehabilitate natural resources damaged by oil discharges;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>research to evaluate the relative effectiveness and environmental impacts of bioremediation technologies; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">(J) </num> <content>the demonstration of a satellite-based, dependent surveillance vessel traffic system in Narragansett Bay to evaluate the utility of such system in reducing the risk of oil discharges from vessel collisions and groundings in con-fined waters.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Oil pollution technology evaluation</inline>.—</heading> <chapeau>The program established under this subsection shall provide for oil pollution prevention and mitigation technology evaluation including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the evaluation and testing of technologies developed independently of the research and development program established under this subsection;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the establishment, where appropriate, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention or mitigation technologies; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">the use, where appropriate, of controlled field testing to evaluate real-world application of oil discharge prevention or mitigation technologies.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Oil pollution effects research</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The Committee shall establish a research program to monitor and evaluate the environmental effects of oil discharges. Such program shall include the following elements:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">The development of improved models and capabilities for predicting the environmental fate, transport, and effects of oil discharges.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">The development of methods, including economic methods, to assess damages to natural resources resulting from oil discharges.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">The identification of types of ecologically sensitive areas at particular risk to oil discharges and the preparation of scientific monitoring and evaluation plans, one for each of several types of ecological conditions, to be implemented in the event of major oil discharges in such areas.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content class="inline">The collection of environmental baseline data in ecologically sensitive areas at particular risk to oil discharges where such data are insufficient.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">The Department of Commerce in consultation with the Environmental Protection Agency shall monitor and scientifically evaluate the long-term environmental effects of oil discharges if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>the amount of oil discharged exceeds 250,000 gallons;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>the oil discharge has occurred on or after January 1, 1989; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>the Interagency Committee determines that a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges.</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">Areas for study may include the following sites where oil discharges <sidenote><p class="indent0 firstIndent0 fontsize8">State listing.</p></sidenote>have occurred: the New York/New Jersey Harbor area, where oil was discharged by an Exxon underwater pipeline, the T/B CIBRO SAVANNAH, and the M/V BT NAUTILUS; <page identifier="/us/stat/104/562">104 STAT. 562</page>Narragansett Bay where oil was discharged by the WORLD PRODIGY; the Houston Ship Channel where oil was discharged by the RACHEL B; the Delaware River, where oil was discharged by the PRESIDENTS RIVERA, and Huntington Beach, California, where oil was discharged by the AMERICAN TRADER.</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Research conducted under this paragraph by, or through, the United States Fish and Wildlife Service shall be directed and coordinated by the National Wetland Research Center.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Marine simulation research</inline>.—</heading> <chapeau>The program established under this subsection shall include research on the greater use and application of geographic and vessel response simulation models, including the development of additional data bases and updating of existing data bases using, among others, the resources of the National Maritime Research Center. It shall include research and vessel simulations for—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>contingency plan evaluation and amendment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>removal and strike team training;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>tank vessel personnel training; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>those geographic areas where there is a significant likelihood of a major oil discharge.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num><sidenote><p class="indent0 firstIndent0 fontsize8">State listing.</p></sidenote> <heading class="inline"><inline class="smallCaps">Demonstration projects</inline>.—</heading> <content>The United States Coast Guard, in conjunction with other such agencies in the Department of Transportation as the Secretary of Transportation may designate, shall conduct 3 port oil pollution minimization demonstration projects, one each with (A) the Port Authority of New York and New Jersey, (B) the Ports of Los Angeles and Long Beach, California, and (Q the Port of New Orleans, Louisiana, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems which utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. Such systems shall utilize improved technologies and management practices for reducing the risk of oil discharges, including, as appropriate, improved data access, computerized tracking of oil shipments, improved vessel tracking and navigation systems, advanced technology to monitor pipeline and tank conditions, improved oil spill response capability, improved capability to predict the flow and effects of oil discharges in both the inner and outer harbor areas for the purposes of making infrastructure decisions, and such other activities necessary to achieve the purposes of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num><sidenote><p class="indent0 firstIndent0 fontsize8">New Jersey.</p></sidenote> <heading class="inline"><inline class="smallCaps">Simulated environmental testing</inline>.—</heading> <content>Agencies rep-resented on the Interagency Committee shall ensure the long--term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8">Schools and colleges.</p></sidenote> <heading class="inline"><inline class="smallCaps">Regional research program</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Consistent with the research plan in subsection (b), the Interagency Committee shall coordinate a program of competitive grants to universities or other research institutions, or groups of universities or research institutions, for the purposes of conducting a coordinated research program related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged oil on regional environments. For the purposes of <page identifier="/us/stat/104/563">104 STAT. 563</page>this paragraph, a region means a Coast Guard district as set out in part 3 of title 33, Code of Federal Regulations (1989).</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The Interagency Committee shall coordinate the publication by the agencies represented on the Interagency Committee of a solicitation for grants under this subsection. The application shall be in such form and contain such information as may be required in the published solicitation. The applications shall be reviewed by the Interagency Committee, which shall make recommendations to the appropriate granting agency rep-resented on the Interagency Committee for awarding the grant. The granting agency shall award the grants recommended by the Interagency Committee unless the agency decides not to award the grant due to budgetary or other compelling considerations and publishes its reasons for such a determination in the Federal Register. No grants may be made by any agency from any funds authorized for this paragraph unless such grant award has first been recommended by the Interagency Committee.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Any university or other research institution, or group of universities or research institutions, may apply for a grant for the regional research program established by this paragraph. The applicant must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program. With respect to a group application, the entity or entities which will carry out the substantial portion of the proposed research must be located in the region, or in a State a part of which is in the region, for which the project is proposed as part of the regional research program.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">(D) </num> <chapeau>The Interagency Committee shall make recommendations on grants in such a manner as to ensure an appropriate balance within a region among the various aspects of oil pollution research, including prevention, removal, mitigation, and the effects of discharged oil on regional environments. In addition, the Interagency Committee shall make recommendations for grants based on the following criteria:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>There is available to the applicant for carrying out this paragraph demonstrated research resources.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>The applicant demonstrates the capability of making a significant contribution to regional research needs.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>The projects which the applicant proposes to carry out under the grant are consistent with the research plan under subsection (b)(1)(F) and would further the objectives of the research and development program established in this section.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="E">(E) </num> <content>Grants provided under this paragraph shall be for a period up to 3 years, subject to annual review by the granting agency, and provide not more than 80 percent of the costs of the research activities carried out in connection with the grant.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="F">(F) </num> <content>No funds made available to carry out this subsection may be used for the acquisition of real property (including buildings) or construction of any building.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="G">(G) </num> <content>Nothing in this paragraph is intended to alter or abridge the authority under existing law of any Federal agency to make grants, or enter into contracts or cooperative agreements, using funds other than those authorized in this Act for the purposes of carrying out this paragraph.</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/564">104 STAT. 564</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <heading class="inline"><inline class="smallCaps">Funding</inline>.—</heading> <content>For each of the fiscal years 1991, 1992, 1993, 1994, and 1995, $6,000,000 of amounts in the Fund shall be available to carry out the regional research program in paragraph (8), such amounts to be available in equal amounts for the regional research program in each region; except that if the agencies represented on the Interagency Committee determine that regional research needs exist which cannot be addressed within such funding limits, such agencies may use their authority under paragraph (10) to make additional grants to meet such needs. For the purposes of this paragraph, the research program carried out by the Prince William Sound Oil Spill Recovery Institute established under section 5001, shall not be eligible to receive grants under this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <heading class="inline"><inline class="smallCaps">Grants</inline>.—</heading> <content>In carrying out the research and development program established under this subsection, the agencies represented on the Interagency Committee may enter into contracts and cooperative agreements and make grants to universities, research institutions, and other persons. Such contracts, cooperative agreements, and grants shall address research and technology priorities set forth in the oil pollution research plan under subsection (b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>In carrying out research under this section, the Department of Transportation shall continue to utilize the resources of the Research and Special Programs Administration of the Department of Transportation, to the maximum extent practicable.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">International Cooperation</inline>.—</heading> <content>In accordance with the research plan submitted under subsection (b), the Interagency Committee shall coordinate and cooperate with other nations and foreign research entities in conducting oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Biennial Reports</inline>.—</heading> <content>The Chairman of the Interagency Committee shall submit to Congress every 2 years on October 30 a report on the activities carried out under this section in the preceding 2 fiscal years, and on activities proposed to be carried out under this section in the current 2 fiscal year period.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Funding</inline>.—</heading> <chapeau>Not to exceed $21,250,000 of amounts in the Fund shall be available annually to carry out this section except for subsection (c)(8). Of such sums—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>funds authorized to be appropriated to carry out the activities under subsection (c)(4) shall not exceed $5,000,000 for fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>not less than $2,250,000 shall be available for carrying out the activities in subsection (c)(6) for fiscal years 1992, 1993, 1994, and 1995.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">All activities authorized in this section, including subsection (c)(8), are subject to appropriations.</continuation> </subsection> </section> <num value="VIII">TITLE VIII—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Trans-Alaska Pipeline System Reform Act of 1990.</p></sidenote> <heading class="inline">TRANSALASKA PIPELINE SYSTEM</heading> <section> <num value="8001">SEC. 8001. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1651">43 USC 1651 note</ref>.</p></sidenote> <heading class="inline">SHORT TITLE.</heading> <content>This title may be cited as the “<shortTitle role="title">Trans-Alaska Pipeline System Reform Act of 1990</shortTitle>”.</content> </section> <page identifier="/us/stat/104/565">104 STAT. 565</page> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">Improvements to Trans-Alaska Pipeline System</heading> <section> <num value="8101">SEC. 8101. </num> <heading class="inline">LIABILITY WITHIN THE STATE OF ALASKA AND CLEANUP EFFORTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Cause of Accident</inline>.—</heading> <content>Section 204(a)(1) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(a)(1)) is amended by striking out “<quotedText>caused by</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>caused solely by</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Limitation of Liability</inline>.—</heading> <content>Section 204(a)(2) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(a)(2)) is amended by striking “<quotedText>$50,000,000</quotedText>” each place it occurs and inserting in lieu thereof “<quotedText>$350,000,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Cleanup Efforts</inline>.—</heading> <chapeau>Section 204(b) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(b)) is amended in the first sentence—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after “<quotedText>any area</quotedText>” the following: “<quotedText>in the State of Alaska</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after “<quotedText>any activities</quotedText>” the following: “<quotedText>related to the Trans-Alaska Pipeline System, including operation of the terminal,</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after “<quotedText>other Federal</quotedText>” the first place it appears the following: “<quotedText>or State</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="8102">SEC. 8102. </num> <heading class="inline">TRANSALASKA PIPELINE LIABILITY FUND.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Termination of Certain Provisions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Repeal</inline>.—</heading> <content>Section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is repealed, effective as provided in paragraph (5).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1653">43 USC 1653 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Disposition of fund balance</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading class="inline"><inline class="smallCaps">Reservation of amounts</inline>.—</heading> <chapeau>The trustees of the Trans-Alaska Pipeline Liability Fund (hereafter in this subsection referred to as the “TAPS Fund”) shall reserve the following amounts in the TAPS Fund—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>necessary to pay claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of that Act.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading class="inline"><inline class="smallCaps">Disposition of the balance</inline>.—</heading> <chapeau>After the Comptroller General of the United States certifies that the requirements of subparagraph (A) have been met, the trustees of the TAPS Fund shall dispose of the balance in the TAPS Fund after the reservation of amounts are made under subparagraph (A) by—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>rebating the pro rata share of the balance to the State of Alaska for its contributions as an owner of oil; and then</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>transferring and depositing the remainder of the balance into the Oil Spill Liability Trust Fund established under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading class="inline"><inline class="smallCaps">Disposition of the reserved amounts</inline>.—</heading> <content>After payment of all claims arising from an incident for which funds <page identifier="/us/stat/104/566">104 STAT. 566</page>are reserved under subparagraph (A) and certification by the Comptroller General of the United States that the claims arising from that incident have been paid, the excess amounts, if any, for that incident shall be disposed of as set forth under subparagraphs (A) and (B).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <heading class="inline"><inline class="smallCaps">Authorization</inline>.—</heading> <content>The amounts transferred and deposited in the Fund shall be available for the purposes of section 1012 of the Oil Pollution Act of 1990 after funding sections 5001 and 8103 to the extent that funds have not otherwise been provided for the purposes of such sections.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1653">43 USC 1653 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Savings clause</inline>.—</heading> <content>The repeal made by paragraph (1) shall have no effect on any right to recover or responsibility that arises from incidents subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to the date of enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline">TAPS <inline class="smallCaps">collection</inline>.—</heading> <content>Paragraph (5) of section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) is amended by striking the period at the end of the second sentence and adding at the end the following: “<quotedText>, except that after the date of enactment of the Oil Pollution Act of 1990, the amount to be accumulated shall be $100,000,000 or the amount determined by the trustees and certified to the Congress by the Comptroller General as necessary to pay claims arising from incidents occurring prior to the date of enactment of that Act and administrative costs, whichever is less.</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1653">43 USC 1653 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective date</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>The repeal by paragraph (1) shall be effective 60 days after the date on which the Comptroller General of the United States certifies to the Congress that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">all claims arising under section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been resolved,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">all actions for the recovery of amounts subject to section 204(c) of the Trans-Alaska Pipeline Authorization Act have been resolved, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">all administrative expenses reasonably necessary for and incidental to the implementation of section 204(c) of the Trans-Alaska Pipeline Authorization Act have been paid.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Upon the effective date of the repeal pursuant to subparagraph (A), the trustees of the TAPS Fund shall be relieved of all responsibilities under section 204(c) of the Trans-Alaska Pipe-line Authorization Act, but not any existing legal liability.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1653">43 USC 1653 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Tucker act</inline>.—</heading> <content>This subsection is intended expressly to preserve any and all rights and remedies of contributors to the TAPS Fund under section 1491 of title 28, United States Code (commonly referred to as the “Tucker Act”).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Cause of Accident</inline>.—</heading> <content>Section 204(c)(2) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(2)) is amended by striking out “<quotedText>caused by</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>caused solely by</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Damages</inline>.—</heading> <content class="inline">Section 204(c) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)), as amended by this title, is further amended by adding at the end the following new paragraphs: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="13">“(13) </num> <heading class="inline">For any claims against the Fund, the term ‘damages’ shall include, but not be limited to—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the net loss of taxes, revenues, fees, royalties, rents, or other revenues incurred by a State or a political subdivision of a <page identifier="/us/stat/104/567">104 STAT. 567</page>State due to injury, destruction, or loss of real property, personal property, or natural resources, or diminished economic activity due to a discharge of oil; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the net cost of providing increased or additional public services during or after removal activities due to a discharge of oil, including protection from fire, safety, or health hazards, incurred by a State or political subdivision of a State.</content> </subparagraph> </paragraph> <paragraph class="indent0 fontsize10"> <num value="14">“(14) </num> <content>Paragraphs (1) through (13) shall apply only to claims arising from incidents occurring before the date of enactment of the Trans-Alaska Pipeline System Reform Act of 1990. The Oil Pollution Act of 1990 shall apply to any incident, or any claims arising from an incident, occurring on or after the date of the enactment of that Act.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Payment of Claims by Fund</inline>.—</heading> <content>Section 204(c)(3) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(3)) is amended by adding at the end the following: “<quotedText>The Fund shall expeditiously pay claims under this subsection, including such $14,000,000, if the owner or operator of a vessel has not paid any such claim within 90 days after such claim has been submitted to such owner or operator. Upon payment of any such claim, the Fund shall be subrogated under applicable State and Federal laws to all rights of any person entitled to recover under this subsection. In any action brought by the Fund against an owner or operator or an affiliate thereof to recover amounts under this paragraph, the Fund shall be entitled to recover prejudgment interest, costs, reasonable attorney’s fees, and, in the discretion of the court, penalties.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Officers or Trustees</inline>.—</heading> <chapeau>Section 204(c)(4) of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)(4)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(A)</quotedText>” after “<quotedText>(4)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding at the end the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>No present or former officer or trustee of the Fund shall be subject to any liability incurred by the Fund or by the present or former officers or trustees of the Fund, other than liability for gross negligence or willful misconduct.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">Subject to clause (ii), each officer and each trustee of the Fund—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">shall be indemnified against all claims and liabilities to which he or she has or shall become subject by reason of serving or having served as an officer or trustee, or by reason of any action taken, omitted, or neglected by him or her as an officer or trustee; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">shall be reimbursed for all attorney’s fees reasonably incurred in connection with any claim or liability.</content> </subclause> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>No officer or trustee shall be indemnified against, or be reimbursed for, any expenses incurred in connection with, any claim or liability arising out of his or her gross negligence or willful misconduct.”.</content> </clause> </subparagraph> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="8103">SEC. 8103. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1651">43 USC 1651 note</ref>.</p></sidenote> <heading class="inline">PRESIDENTIAL TASK FORCE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Task Force</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Establishment and members</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">There is hereby established a Presidential Task Force on the Trans-Alaska Pipeline System (hereinafter referred to as the “Task Force”) composed of the following members appointed by the President:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">Three members, one of whom shall be nominated by the Secretary of the Interior, one by the Administrator of <page identifier="/us/stat/104/568">104 STAT. 568</page>the Environmental Protection Agency, and one by the Secretary of Transportation.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">Three members nominated by the Governor of the State of Alaska, one of whom shall be an employee of the Alaska Department of Natural Resources and one of whom shall be an employee of the Alaska Department of Environmental Conservation.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">One member nominated by the Office of Technology Assessment.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his or her term until a successor, if applicable, has taken office.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Cochairmen</inline>.—</heading> <content>The President shall appoint a Federal cochairman from among the Federal members of the Task Force appointed pursuant to paragraph (1)(A) and the Governor shall designate a State cochairman from among the State members of the Task Force appointed pursuant to paragraph (1)(B).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Compensation</inline>.—</heading> <content>Members shall, to the extent approved in appropriations Acts, receive the daily equivalent of the mini-mum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force, except that members who are State, Federal, or other governmental employees shall receive no compensation under this paragraph in addition to the salaries they receive as such employees.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Staff</inline>.—</heading> <content>The cochairman of the Task Force shall appoint a Director to carry out administrative duties. The Director may hire such staff and incur such expenses on behalf of the Task Force for which funds are available.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Rule</inline>.—</heading> <content>Employees of the Task Force shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Duties of the Task Force</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Audit</inline>.—</heading> <content>The Task Force shall conduct an audit of the Trans-Alaska Pipeline System (hereinafter referred to as “TAPS”) including the terminal at Valdez, Alaska, and other related onshore facilities, make recommendations to the President, the Congress, and the Governor of Alaska.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Comprehensive review</inline>.—</heading> <chapeau>As part of such audit, the Task Force shall conduct a comprehensive review of the TAPS in order to specifically advise the President, the Congress, and the Governor of Alaska concerning whether—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the holder of the Federal and State right-of-way is, and has been, in full compliance with applicable laws, regulations, and agreements;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the laws, regulations, and agreements are sufficient to prevent the release of oil from TAPS and prevent other damage or degradation to the environment and public health;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">improvements are necessary to TAPS to prevent release of oil from TAPS and to prevent other damage or degradation to the environment and public health;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>improvements are necessary in the onshore oil spill response capabilities for the TAPS; and</content> </subparagraph> <page identifier="/us/stat/104/569">104 STAT. 569</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>improvements are necessary in security for TAPS.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Consultants</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Task Force shall retain at least one independent consulting firm with technical expertise in engineering, transportation, safety, the environment, and other applicable areas to assist the Task Force in carrying out this subsection.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Contracts with any such firm shall be entered into on a <sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote>nationally competitive basis, and the Task Force shall not select any firm with respect to which there may be a conflict of interest in assisting the Task Force in carrying out the audit and review. All work performed by such firm shall be under the direct and immediate supervision of a registered engineer.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Public comment</inline>.—</heading> <chapeau>The Task Force shall provide an opportunity for public comment on its activities including at a mini-mum the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Before it begins its audit and review, the Task Force shall review reports prepared by other Government entities conducting reviews of TAPS and shall consult with those Government entities that are conducting ongoing investigations including the General Accounting Office. It shall also hold at least 2 public hearings, at least 1 of which shall be held in a community affected by the Exxon Valdez oil spill. Members of the public shall be given an opportunity to present both oral and written testimony.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The Task Force shall provide a mechanism for the <sidenote><p class="indent0 firstIndent0 fontsize8">Classified information.</p></sidenote>confidential receipt of information concerning TAPS, which may include a designated telephone hotline.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Task force report</inline>.—</heading> <content>The Task Force shall publish a draft report which it shall make available to the public. The public will have at least 30 days to provide comments on the draft report. Based on its draft report and the public comments thereon, the Task Force shall prepare a final report which shall include its findings, conclusions, and recommendations made as a result of carrying out such audit. The Task Force shall transmit (and make available to the public), no later than 2 years after the date on which funding is made available under paragraph (7), its final report to the President, the Congress, and the Governor of Alaska.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading class="inline"><inline class="smallCaps">Presidential report</inline>.—</heading> <content>The President shall, within 90 days after receiving the Task Force’s report, transmit a report to the Congress and the Governor of Alaska outlining what measures have been taken or will be taken to implement the Task Force’s recommendations. The President’s report shall include recommended changes, if any, in Federal and State law to enhance the safety and operation of TAPS.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <heading class="inline"><inline class="smallCaps">Earmark</inline>.—</heading> <content>Of amounts in the Fund, $5,000,000 shall be available, subject to appropriations, annually without fiscal year limitation to carry out the requirements of this section,</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">General Administration and Powers of the Task Force</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Audit access</inline>.—</heading> <content>The Comptroller General of the United States, and any of his or her duly appointed representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Task Force that are pertinent to the funds received and expended by the Task Force.</content> </paragraph> <page identifier="/us/stat/104/570">104 STAT. 570</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Termination</inline>.—</heading> <content>The Task Force shall cease to exist on the date on which the final report is provided pursuant to subsection (b)(5).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Safety.</p></sidenote> <heading class="inline"><inline class="smallCaps">Functions limitation</inline>.—</heading> <content>With respect to safety, operations, and other matters related to the pipeline facilities (as such term is defined in section 202(4) of the Hazardous Liquid Pipeline Safety Act of 1979) of the TAPS, the Task Force shall not perform any functions which are the responsibility of the Secretary of Transportation under the Hazardous Liquid Pipe-line Safety Act of 1979, as amended. The Secretary may use the information gathered by and reports issued by the Task Force in carrying out the Secretary’s responsibilities under that Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Powers</inline>.—</heading> <content>The Task Force may, to the extent necessary to carry out its responsibilities, conduct investigations, make reports, issue subpoenas, require the production of relevant documents and records, take depositions, and conduct directly or, by contract, or otherwise, research, testing, and demonstration activities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Examination of records and properties</inline>.—</heading> <content>The Task Force, and the employees and agents it so designates, are authorized, upon presenting appropriate credentials to the person in charge, to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with applicable laws and agreements.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading class="inline">FOIA.—</heading> <content>The information gathered by the Task Force pursuant to subsection (b) shall not be subject to section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), until its final report is issued pursuant to subsection (b)(6).</content> </paragraph> </subsection> </section> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Penalties</heading> <section> <num value="8201">SEC. 8201. </num> <heading class="inline">AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE PENALTIES ON OUTER CONTINENTAL SHELF FACILITIES.</heading> <chapeau>Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>If any</quotedText>” and inserting in lieu thereof “<quotedText>(1) Except as provided in paragraph (2), if any</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>$10,000</quotedText>” and inserting in lieu thereof “<quotedText>$20,000</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end of paragraph (1) the following new <sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote>sentence: “<quotedText>The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="2">“(2) </num> <content>If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <page identifier="/us/stat/104/571">104 STAT. 571</page> <section> <num value="8202">SEC. 8202. </num> <heading class="inline">TRANSALASKA PIPELINE SYSTEM CIVIL PENALTIES.</heading> <content>The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.) is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="centered">“<inline class="smallCaps">civil penalties</inline></heading> <num value="207">“<inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Penalty</inline>.—</heading> <chapeau class="inline">Except as provided in subsection (c)(4), <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1656">43 USC 1656</ref>.</p></sidenote>the Secretary of the Interior may assess and collect a civil penalty under this section with respect to any discharge of oil—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in transit from fields or reservoirs supplying oil to the trans-Alaska pipeline; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">during transportation through the trans-Alaska pipeline or handling at the terminal facilities, that causes damage to, or threatens to damage, natural resources or public or private property.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Persons Liable</inline>.—</heading> <content>In addition to the person causing or permit-ting the discharge, the owner or owners of the oil at the time the discharge occurs shall be jointly, severally, and strictly liable for the full amount of penalties assessed pursuant to this section, except that the United States and the several States, and political subdivisions thereof, shall not be liable under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Amount</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amount of the civil penalty shall not exceed $1,000 per barrel of oil discharged.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In determining the amount of civil penalty under this section, the Secretary shall consider the seriousness of the damages from the discharge, the cause of the discharge, any history of prior violations of applicable rules and laws, and the degree of success of any efforts by the violator to minimize or mitigate the effects of such discharge.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary may reduce or waive the penalty imposed under this section if the discharge was solely caused by an act of war, act of God, or third party action beyond the control of the persons liable under this section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>No civil penalty assessed by the Secretary pursuant to this section shall be in addition to a penalty assessed pursuant to section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Procedures</inline>.—</heading> <content>A civil penalty may be assessed and collected under this section only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. In any proceeding for the assessment of a civil penalty under this section, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. Any person who requested a hearing with respect to a civil penalty under this subsection and who is aggrieved by an order assessing the civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">State Law</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Nothing in this section shall be construed or interpreted as preempting any State or political subdivision thereof from imposing any additional liability or requirements with respect to the discharge, or threat of discharge, of oil or other pollution by oil.</content> </paragraph> <page identifier="/us/stat/104/572">104 STAT. 572</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to discharges of oil.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> </subtitle> <subtitle> <num value="C">Subtitle C—</num> <heading class="inline">Provisions Applicable to Alaska Natives</heading> <section> <num value="8301">SEC. 8301. </num> <heading class="inline">LAND CONVEYANCES.</heading> <content>The Alaska National Interest Lands Conservation Act (Public Law 96–487) is amended by adding the following after section 1437: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="1438">“<inline class="smallCaps">Sec</inline>. 1438. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Claims.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1642">43 USC 1642</ref>.</p></sidenote> <content class="inline">Solely for the purpose of bringing claims that arise from the discharge of oil, the Congress confirms that all right, title, and interest of the United States in and to the lands validly selected pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by Alaska Native corporations are deemed to have vested in the respective corporations as of March 23, 1989. This section shall take effect with respect to each Alaska Native corporation only upon its irrevocable election to accept an interim conveyance of such land and notice of such election has been formally transmitted to the Secretary of the Interior.”.</content> </section> </quotedContent> </content> </section> <section> <num value="8302">SEC. 8302. </num> <heading class="inline">IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON ALASKA NATIVES.</heading> <chapeau>Section 1005 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3145) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending the heading to read as follows: <quotedContent> <heading class="smallCaps centered">“wildlife resources portion of study and impact of potential oil spills in the arctic ocean”;</heading> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>(a)</quotedText>” after “<quotedText><inline class="smallCaps">Sec</inline>.1005.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Congress finds that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Canada.</p></sidenote> <content>Canada has discovered commercial quantities of oil and gas in the Amalagak region of the Northwest Territory;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Canada is exploring alternatives for transporting the oil from the Amalagak field to markets in Asia and the Far East;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>one of the options the Canadian Government is exploring involves transshipment of oil from the Amalagak field across the Beaufort Sea to tankers which would transport the oil overseas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the tankers would traverse the American Exclusive Economic Zone through the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the Beaufort and Chuckchi Seas are vital to Alaska’s Native people, providing them with subsistence in the form of walrus, seals, fish, and whales;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>the Secretary of the Interior has conducted Outer Continental Shelf lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration is ongoing;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>an oil spill in the Arctic Ocean, if not properly contained and cleaned up, could have significant impacts on the indigenous people of Alaska’s North Slope and on the Arctic environment; and</content> </subparagraph> <page identifier="/us/stat/104/573">104 STAT. 573</page> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>there are no international contingency plans involving our two governments concerning containment and cleanup of an oil spill in the Arctic Ocean.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Secretary of the Interior, in consultation with the Governor of Alaska, shall conduct a study of the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Secretary shall, no later than January 31, 1991, transmit <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>a report to the Congress on the findings and conclusions reached as the result of the study carried out under this subsection.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Congress calls upon the Secretary of State, in consultation <sidenote><p class="indent0 firstIndent0 fontsize8">Canada.</p><p class="indent0 firstIndent0 fontsize8">International agreements.</p></sidenote>with the Secretary of the Interior, the Secretary of Transportation, and the Governor of Alaska, to begin negotiations with the Foreign Minister of Canada regarding a treaty dealing with the complex issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Secretary of State shall report to the Congress on the <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>Secretary’s efforts pursuant to this section no later than June 1, 1991.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> </subtitle> <num value="IX">TITLE IX—</num> <heading class="inline">AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC.</heading> <section> <num value="9001">SEC. 9001. </num> <heading class="inline">AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Transfers to Trust Fund</inline>.—</heading> <content class="inline">Subsection (b) of section 9509 of the Internal Revenue Code of 1986 is amended by striking all that <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t/s9509">26 USC 9509</ref>.</p></sidenote>follows paragraph (1) and inserting the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>amounts recovered under the Oil Pollution Act of 1990 for damages to natural resources which are required to be deposited in the Fund under section 1006(f) of such Act,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>amounts recovered by such Trust Fund under section 1015 of such Act,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>amounts required to be transferred by such Act from the revolving fund established under section 311(k) of the Federal Water Pollution Control Act,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>amounts required to be transferred by the Oil Pollution Act of 1990 from the Deepwater Port Liability Fund established under section 18(f) of the Deepwater Port Act of 1974,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>amounts required to be transferred by the Oil Pollution Act of 1990 from the Offshore Oil Pollution Compensation Fund established under section 302 of the Outer Continental Shelf Lands Act Amendments of 1978,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>amounts required to be transferred by the Oil Pollution Act of 1990 from the Trans-Alaska Pipeline Liability Fund established under section 204 of the Trans-Alaska Pipeline Authorization Act, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>any penalty paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of such Act (as a result of violations of such section 311), the Deepwater Port Act of 1974, or section 207 of the Trans-Alaska Pipeline Authorization Act.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Expenditures From Trust Fund</inline>.—</heading> <content class="inline">Paragraph (1) of section 9509(c) of such Code is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Expenditure purposes</inline>.—</heading> <chapeau>Amounts in the Oil Spill Liability Trust Fund shall be available, as provided in appropriation <page identifier="/us/stat/104/574">104 STAT. 574</page>Acte or section 6002(b) of the Oil Pollution Act of 1990, only for purposes of making expenditures—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for the payment of removal costs and other costs, expenses, claims, and damages referred to in section 1012 of such Act,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to carry out sections 5 and 7 of the Intervention on the High Seas Act relating to oil pollution or the substantial threat of oil pollution,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for the payment of liabilities incurred by the revolving fund established by section 31l(k) of the Federal Water Pollution Control Act,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>to carry out subsections (b), (c), (d), (j), and (1) of section 311 of the Federal Water Pollution Control Act with respect to prevention, removal, and enforcement related to oil discharges (as defined in such section),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>for the payment of liabilities incurred by the Deep-water Port Liability Fund, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“F) </num> <content>for the payment of liabilities incurred by the Off-shore Oil Pollution Compensation Fund.”</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s9509">26 USC 9509</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Increase in Expenditures Permitted per Incident</inline>.—</heading> <chapeau>Subparagraph (A) of section 9509(c)(2) of such Code is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>$500,000,000</quotedText>” each place it appears and inserting “<quotedText>$1,000,000,000</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>$250,000,000</quotedText>” and inserting “<quotedText>$500,000,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Increase in Borrowing Authority</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Increase in borrowing permitted</inline>.—</heading> <content>Paragraph (2) of section 9509(d) of such Code is amended by striking “<quotedText>$500,000,000</quotedText>” and inserting “<quotedText>$1,000,000,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Change in final repayment date</inline>.—</heading> <content>Subparagraph (B) of section 9509(d)(3) of such Code is amended by striking “<quotedText>December 31, 1991</quotedText>” and inserting “<quotedText>December 31, 1994</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Other Changes</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Paragraph (2) of section 9509(e) of such Code is amended by striking “<quotedText>Comprehensive Oil Pollution Liability and Compensation Act</quotedText>” and inserting “<quotedText>Oil Pollution Act of 1990</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subparagraph (B) of section 9509(c)(2) of such Code is amended by striking “<quotedText>described in paragraph (1)(A)(i)</quotedText>” and inserting “<quotedText>of removal costs</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (f) of section 9509 of such Code is amended to read as follows:</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">References to Oil Pollution Act of 1990</inline>.—</heading> <content>Any reference in this section to the Oil Pollution Act of 1990 or any other Act referred to in a subparagraph of subsection (c)(1) shall be treated as a reference to such Act as in effect on the date of the enactment of this subsection.”</content> </subsection> </section> <section> <num value="9002">SEC. 9002. </num> <heading class="inline">CHANGES RELATING TO OTHER FUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Repeal of Provision Relating to Transfers to Oil Spill Liability Fund</inline>.—</heading> <content>Subsection (d) of section 4612 of the Internal <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s4612">26 USC 4612</ref>.</p></sidenote>Revenue Code of 1986 is amended by striking the last sentence.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Credit Against Oil Spill Rate Allowed on Affiliated Group Basis</inline>.—</heading> <content>Subsection (d) of section 4612 of such Code is amended by adding at the end thereof the following new sentence: “For purposes of this subsection, all taxpayers which would be members of the same affiliated group (as defined in section 1504(a)) if section <page identifier="/us/stat/104/575">104 STAT. 575</page>1504(a)(2) were applied by substituting ‘100 percent’ for ‘80 percent’ shall be treated as 1 taxpayer.”</content> </subsection> </section> Approved August 18, 1990.
LEGISLATIVE HISTORY—H.R. 1465 (H.R. 1465) (S. 686): HOUSE REPORTS: Nos. 101—241, Pt. 1 (Comm. on Public Works and Transportation) and Pt. 2 (Comm. on Science, Space, and Technology), both accompanying H.R. 1465; No. 101—242, Pt. 1 (Comm. on Public Works and Transportation), Pt. 2 (Comm. on Merchant Marine and Fisheries), Pt. 3 (Comm. on Science, Space, and Technology), Pt. 4 (Comm. on Public Works and Transportation), and Pt. 5 (Comm. on Merchant Marine and Fisheries); and No. 101—653 (Comm. of Conference). SENATE REPORTS: No. 101—94 accompanying S. 686 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD:

Vol. 135 (1989): Aug. 3, 4, S. 686 considered and passed Senate.

Nov. 2, 8, 9, H.R. 1465 considered and passed House.

Nov. 19, considered and passed Senate, amended, in lieu of S. 686.

Vol. 136 (1990): Aug. 2, Senate agreed to conference report.

Aug. 3, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Aug. 18, Presidential statement.

 Public Law 101–381: To amend the Public Health Service Act to provide grants to improve the quality and availability of care for individuals and families with HIV disease, and for other purposes. Public Law 381 Public Law 101–381 104 Stat. 576 1990-08-18 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 2025-06-19 101 2 public 104 STAT. 576 Public Law 101–381 101st Congress
An Act To amend the Public Health Service Act to provide grants to improve the quality and availability of care for individuals and families with HIV disease, and for other purposes.

Aug. 18, 1990

[S. 2240]

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

Ryan White Comprehensive AIDS Resources Emergency Act of 1990.

42 USC 201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Ryan White Comprehensive AIDS Resources Emergency Act of 1990”.
SEC. 2.

42 USC 300ff.

 PURPOSE. It is the purpose of this Act to provide emergency assistance to localities that are disproportionately affected by the Human Immunodeficiency Virus epidemic and to make financial assistance available to States and other public or private nonprofit entities to provide for the development, organization, coordination and operation of more effective and cost efficient systems for the delivery of essential services to individuals and families with HIV disease.
<num value="I">TITLE I—</num> <heading class="inline">HIV EMERGENCY RELIEF GRANT PROGRAM</heading> <section> <num value="101">SEC. 101. </num> <heading class="inline">HIV EMERGENCY RELIEF GRANT PROGRAM.</heading> <chapeau>The Public Health Service Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300aaa—300aaa–13">42 USC 300aaa—300aaa–13</ref>.</p></sidenote> <content>by redesignating title XXVI as title XXVII;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating sections 2601 through 2614 as sections 2701 through 2714, respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after title XXV (42 U.S.C. 300ee et seq.) the following new title: <quotedContent> <title> <num value="XXVI">“TITLE XXVI—</num> <heading class="inline">HIV HEALTH CARE SERVICES PROGRAM</heading> <part> <num value="A"><inline class="smallCaps">“Part</inline> A—</num> <heading class="inline"><inline class="smallCaps">Emergency Relief for Areas With Substantial Need for Services</inline></heading> <section> <num value="2601">“SEC. 2601. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–11">42 USC 300ff–11</ref>.</p></sidenote> <heading class="inline">ESTABLISHMENT OF PROGRAM OF GRANTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Eligible Areas</inline>.—</heading> <chapeau>The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall, subject to subsection (b), make grants in accordance with section 2603 for the purpose of assisting in the provision of the services specified in 2604 in any metropolitan area for which, as of June 30, 1990, in the case of grants for fiscal year 1991, and as of March 31 of the most recent fiscal year for which such data is available in the case of a grant for any subsequent fiscal year—</chapeau> <page identifier="/us/stat/104/577">104 STAT. 577</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>there has been reported to and confirmed by the Director of the Centers for Disease Control a cumulative total of more than 2,000 cases of acquired immune deficiency syndrome; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the per capita incidence of cumulative cases of such syndrome (computed on the basis of the most recently available data on the population of the area) is not less than 0.0025.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirement Regarding Confirmation of Cases</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) for a metropolitan area unless, before making any payments under the grant, the cases of acquired immune deficiency syndrome reported for purposes of such subsection have been confirmed by the Secretary, acting through the Director of the Centers for Disease Control.</content> </subsection> </section> <section> <num value="2602">“SEC. 2602. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–12">42 USC 300ff–12</ref>.</p></sidenote> <heading class="inline">ADMINISTRATION AND PLANNING COUNCIL.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Administration</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Assistance made available under grants awarded under this part shall be directed to the chief elected official of the city or urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of individuals with AIDS, as reported to and confirmed by the Centers for Disease Control, in the eligible area that is awarded such a grant.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Requirements</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>To receive assistance under section 2601(a), the chief elected official of the eligible area involved shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading class="inline">establish, through intergovernmental agreements<sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> with the chief elected officials of the political subdivisions described in subparagraph (B), an administrative mechanism to allocate funds and services based on—</heading> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the number of AIDS cases in such subdivisions;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>the severity of need for outpatient and ambulatory care services in such subdivisions; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="III">“(III) </num> <content>the health and support services personnel needs of such subdivisions; and</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>establish an HIV health services planning council in accordance with subsection (b).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Local political subdivision</inline>.—</heading> <chapeau>The political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>that provide HIV-related health services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>for which the number of cases reported for purposes of section 2601(a) constitutes not less than 10 percent of the number of such cases reported for the eligible area.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline">HIV <inline class="smallCaps">Health Services Planning Council</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <chapeau>To be eligible for assistance under this part, the chief elected official described in subsection (a)(1) shall establish or designate an HIV health services planning council that shall include representatives of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>health care providers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>community-based and AIDS service organizations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>social service providers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>mental health care providers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>local public health agencies;</content> </subparagraph> <page identifier="/us/stat/104/578">104 STAT. 578</page> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>hospital planning agencies or health care planning agencies;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>affected communities, including individuals with HIV disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>non-elected community leaders;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>State government;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>grantees under subpart II of part C; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>the lead agency of any Health Resources and Services Administration adult and pediatric HIV-related care demonstration project operating in the area to be served.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Method of providing for council</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>In providing for a council for purposes of paragraph (1), a chief elected official receiving a grant under section 2601(a) may establish the council directly or designate an existing entity to serve as the council, subject to subparagraph (B).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Consideration regarding designation of council</inline>.—</heading> <content>In making a determination of whether to establish or designate a council under subparagraph (A), a chief elected official receiving a grant under section 2601(a) shall give priority to the designation of an existing entity that has demonstrated experience in planning for the HIV health care service needs within the eligible area and in the implementation of such plans in addressing those needs. Any existing entity so designated shall be expanded to include a broad representation of the full range of entities that provide such services within the geographic area to be served.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Duties</inline>.—</heading> <chapeau>The planning council established or designated under paragraph (1) shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>establish priorities for the allocation of funds within the eligible area;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>develop a comprehensive plan for the organization and delivery of health services described in section 2604 that is compatible with any existing State or local plan regarding the provision of health services to individuals with HIV disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>assess the efficiency of the administrative mechanism in rapidly allocating funds to the areas of greatest need within the eligible area.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2603">“SEC. 2603. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–13">42 USC 300ff–13</ref>.</p></sidenote> <heading class="inline">TYPE AND DISTRIBUTION OF GRANTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Grants Based on Relative Need of Area</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>In carrying out section 2601(a), the Secretary shall make a grant for each eligible area for which an application under section 2605(a) has been approved. Each such grant shall be made in an amount determined in accordance with paragraph (3).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Expedited distribution</inline>.—</heading> <chapeau>Not later than—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>90 days after an appropriation becomes available to carry out this part for fiscal year 1991; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>60 days after an appropriation becomes available to carry out this part for each of fiscal years 1992 through 1995;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall, except in the case of waivers granted under section 2605(c), disburse 50 percent of the amount appropriated <page identifier="/us/stat/104/579">104 STAT. 579</page>under section 2608 for such fiscal year through grants to eligible areas under section 2601(a).</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Amount of grant</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Subject to the extent of amounts made available in appropriations Acts, a grant made for purposes of this paragraph for an eligible area shall be made in an amount equal to the sum of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an amount determined in accordance with subparagraph (B); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>an amount determined in accordance with subparagraph (C).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Amount relating to cumulative number of cases</inline>.—</heading> <chapeau>The amount referred to in clause (i) of subparagraph (A) is an amount equal to the product of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an amount equal to 75 percent of the amounts available for distribution under paragraph (2) for the fiscal year involved; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">a percentage equal to the quotient of—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the cumulative number of cases of acquired immune deficiency syndrome in the eligible area involved, as indicated by the number of such cases reported to and confirmed by the Director of the Centers for Disease Control on the applicable date described in section 2601(a); divided by</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>the sum of the cumulative number of such cases in all eligible areas for which an application for a grant under paragraph (1) has been approved.</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading class="inline"><inline class="smallCaps">Amount relating to per capita incidence of cases</inline>.—</heading> <chapeau>The amount referred to in clause (ii) of subparagraph (A) is an amount equal to the product of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an amount equal to 25 percent of the amounts available for distribution under paragraph (2) for the fiscal year involved; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">a percentage developed by the Secretary through consideration of the ratio of—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">the per capita incidence of cumulative cases of acquired immune deficiency syndrome in the eligible area involved (computed on the basis of the most recently available data on the population of the area); to</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">the per capita incidence of such cumulative cases in all eligible areas for which an application for a grant under paragraph (1) has been approved (computed on the basis of the most recently available data on the population of such areas).</content> </subclause> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Supplemental Grants</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Not later than 150 days after the date on which appropriations are made under section 2608 for a fiscal year, the Secretary shall disburse the remainder of amounts not disbursed under section 2603(a)(2) for such fiscal year for the purpose of making grants under section 2601(a) to eligible areas whose application under section 2605(b)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contains a report concerning the dissemination of emergency relief funds under subsection (a) and the plan for utilization of such funds;</content> </subparagraph> <page identifier="/us/stat/104/580">104 STAT. 580</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>demonstrates the severe need in such area for supplemental financial assistance to combat the HIV epidemic;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>demonstrates the existing commitment of local resources of the area, both financial and in-kind, to combating the HIV epidemic;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>demonstrates the ability of the area to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Women.</p></sidenote> <content>demonstrates that resources will be allocated in accordance with the local demographic incidence of AIDS including appropriate allocations for services for infants, children, women, and families with HIV disease.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Remainder of amounts</inline>.—</heading> <chapeau>In determining the amount of funds to be obligated under paragraph (1), the Secretary shall include amounts that are not paid to the eligible areas under expedited procedures under section 2603(a)(2) as a result of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the failure of any eligible area to submit an application under section 2605(c); or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any eligible area informing the Secretary that such eligible area does not intend to expend the full amount of its grant under such section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Amount of grant</inline>.—</heading> <content>The amount of each grant made for purposes of this subsection shall be determined by the Secretary based on the application submitted by the eligible area under section 2605(b).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Failure to submit</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The failure of an eligible area to submit an application for an expedited grant under section 2603(a)(2) shall not result in such area being ineligible for a grant under this subsection.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Application</inline>.—</heading> <content>The application of an eligible area submitted under section 2605(b) shall contain the assurances required under subsection (a) of such section if such eligible area fails to submit an application for an expedited grants under section 2603(a)(2).</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2604">“SEC. 2604. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–14">42 USC 300ff–14</ref>.</p></sidenote> <heading class="inline">USE OF AMOUNTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Requirements</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2601(a) to the chief elected official of an eligible area unless such political subdivision agrees that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>subject to paragraph (2), the allocation of funds and services within the eligible area will be made in accordance with the priorities established, pursuant to section 2602(b)(3)(A), by the HIV health services planning council that serves such eligible area; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>funds provided under section 2601 will be expended only for the purposes described in subsections (b) and (c).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Primary Purposes</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The chief elected official shall use amounts received under a grant under section 2601 to provide direct financial assistance to entities described in paragraph (2) for the purpose of delivering or enhancing HIV-related—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>outpatient and ambulatory health and support services, including case management and comprehensive treatment services, for individuals and families with HIV disease; and</content> </subparagraph> <page identifier="/us/stat/104/581">104 STAT. 581</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>inpatient case management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Appropriate entities</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Subject to subparagraph (B), direct financial assistance may be provided under paragraph (1) to public or nonprofit private entities, including hospitals (which may include Veterans Administration facilities), community-based organizations, hospices, ambulatory care facilities, community health centers, migrant health centers, and homeless health centers.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <content>In providing direct financial assistance under paragraph (1) the chief elected official shall give priority to entities that are currently participating in Health Resources and Services Administration HIV health care demonstration projects.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Limited Expenditures for Personnel Needs</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>A chief elected official, in accordance with paragraph (3), may use not to exceed 10 percent of amounts received under a grant under section 2601 to provide financial assistance or services, for the purposes described in paragraph (2), to any public or nonprofit private entity, including hospitals (which may include Veterans Administration facilities), nursing homes, subacute and transitional care facilities, and hospices that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>provide HIV-related care or services to a disproportionate share of low-income individuals and families with HIV disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>incur uncompensated costs in the provision of such care or services to such individuals and families;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>have established, and agree to implement, a plan to evaluate the utilization of services provided in the care of individuals and families with HIV disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>have established a system designed to ensure that such individuals and families are referred to the most medically appropriate level of care as soon as such referral is medically indicated.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Use</inline>.—</heading> <chapeau>A chief elected official may use amounts referred to in paragraph (1) to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>provide direct financial assistance to institutions and entities of the type referred to in such paragraph to assist such institutions and entities in recruiting or training and paying compensation to qualified personnel determined, under paragraph (3), to be necessary by the HIV health services planning council, specifically for the care of individuals with HIV disease; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in lieu of providing direct financial assistance, make arrangements for the provision of the services of such qualified personnel to such institutions and entities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Requirement of determination by council</inline>.—</heading> <chapeau>A chief elected official shall not use any of the amounts received under a grant under section 2601(a) to provide assistance or services under paragraph (2) unless the HIV health services planning council of the eligible area has made a determination that, with respect to the care of individuals with HIV disease—</chapeau> <page identifier="/us/stat/104/582">104 STAT. 582</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a shortage of specific health, mental health or sup-port service personnel exists within specific institutions or entities in the eligible area;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the shortage of such personnel has resulted in the inappropriate utilization of inpatient services within the area; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>assistance or services provided to an institution or entity under paragraph (2), will not be used to supplant the existing resources devoted by such institution or entity to the uses described in such paragraph.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Requirement of Status as Medicaid Provider</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Provision of service</inline>.—</heading> <chapeau>Subject to paragraph (2), the Secretary may not make a grant under section 2601(a) for the provision of services under this section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the political subdivision involved will provide the service directly, and the political subdivision has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the political subdivision will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Waiver</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph shall be waived by the HIV health services planning council for the eligible area if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Determination</inline>.—</heading> <content>A determination by the HIV health services planning council of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Administration and Planning</inline>.—</heading> <content>The chief executive officer of an eligible area shall not use in excess of 5 percent of amounts received under a grant awarded under this part for administration, accounting, reporting, and program oversight functions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Construction</inline>.—</heading> <content>A State may not use amounts received under a grant awarded under this part to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services.</content> </subsection> </section> <section> <num value="2605">“SEC. 2605. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–15">42 USC 300ff–15</ref>.</p></sidenote> <heading class="inline">APPLICATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">To be eligible to receive a grant under section 2601, an eligible area shall prepare and submit to the Secretary an application at such time, in such form, and containing such informa-<page identifier="/us/stat/104/583">104 STAT. 583</page>tion as the Secretary shall require, including assurances adequate to ensure—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>that funds received under a grant awarded under this part will be utilized to supplement not supplant State funds made available in the year for which the grant is awarded to provide HIV-related services to individuals with HIV disease;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>that the political subdivisions within the eligible area will maintain the level of expenditures by such political subdivisions for HIV-related services for individuals with HIV disease at a level that is equal to the level of such expenditures by such political subdivisions for the 1-year period preceding the first fiscal year for which a grant is received by the eligible area; and</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>that political subdivisions within the eligible area will not use funds received under a grant awarded under this part in maintaining the level of expenditures for HIV-related services as required in subparagraph (B);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>that the eligible area has an HIV health services planning council and has entered into intergovernmental agreements pursuant to section 2602, and has developed or will develop the comprehensive plan in accordance with section 2602(b)(3)(B);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>that entities within the eligible area that will receive funds under a grant provided under section 2601(a) shall participate in an established HIV community-based continuum of care if such continuum exists within the eligible area;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">that funds received under a grant awarded under this part will not be utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>by an entity that provides health services on a prepaid basis; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">to the maximum extent practicable, that—<sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">HIV health care and support services provided with assistance made available under this part will be provided without regard—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>to the ability of the individual to pay for such services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to the current or past health condition of the individual to be served;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such services will be provided in a setting that is accessible to low-income individuals with HIV-disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a program of outreach will be provided to low-income individuals with HIV-disease to inform such individuals of such services.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Additional Application</inline>.—</heading> <chapeau>An eligible area that desires to receive a grant under section 2603(b) shall prepare and submit to the Secretary an additional application at such time, in such form, and containing such information as the Secretary shall require, including the information required under such subsection and information concerning—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the number of individuals to be served within the eligible area with assistance provided under the grant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>demographic data on the population of such individuals;</content> </paragraph> <page identifier="/us/stat/104/584">104 STAT. 584</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the aggregate amounts expended for each such category of services.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Date Certain for Submission</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Requirement</inline>.—</heading> <content>Except as provided in paragraph (2), to be eligible to receive a grant under section 2601(a) for a fiscal year, an application under subsection (a) shall be submitted not later than 45 days after the date on which appropriations are made under section 2608 for the fiscal year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content>The Secretary may extend the time for the submission of an application under paragraph (1) for a period of not to exceed 60 days if the Secretary determines that the eligible area has made a good faith effort to comply with the requirement of such paragraph but has otherwise been unable to submit its application.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Distribution by Secretary</inline>.—</heading> <content>Not later than 45 days after receiving an application that meets the requirements of subsection (a) from an eligible area, the Secretary shall distribute to such eligible area the amounts awarded under the grant for which the application was submitted.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Redistribution</inline>.—</heading> <content>Any amounts appropriated in any fiscal year under this part and not obligated to an eligible entity as a result of the failure of such entity to submit an application shall be redistributed by the Secretary to other eligible entities in proportion to the original grants made to such eligible areas under 2601(a).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Requirements Regarding Imposition of Charges for Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2601 to an eligible area unless the eligible area provides assurances that in the provision of services with assistance provided under the grant—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the provider will not impose charges on any such individual for the provision of services under the grant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in the case of individuals with an income greater than 100 percent of the official poverty line, the provider—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>will impose a charge on each such individual for the provision of such services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>will impose the charge according to a schedule of charges that is made available to the public;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>in the case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 7 percent of the annual gross income of the individual involved; and</content> </subparagraph> <page identifier="/us/stat/104/585">104 STAT. 585</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>in the case of individuals with an income greater than 300 percent of the official poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Assessment of charge</inline>.—</heading> <chapeau>With respect to compliance with the assurance made under paragraph (1), a grantee or entity receiving assistance under this part may, in the case of individuals subject to a charge for purposes of such paragraph—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules and regarding limitations on the maximum amount of charges; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Applicability of limitation on amount of charge</inline>.—</heading> <content>The Secretary may not make a grant under section 2601 to an eligible area unless the eligible area agrees that the limitations established in subparagraphs (C), (D) and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Waiver regarding secondary agreements</inline>.—</heading> <content>The requirements established in paragraphs (1) through (3) shall be waived in accordance with section 2604(d)(2).</content> </paragraph> </subsection> </section> <section> <num value="2606">“SEC. 2606. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–16">42 USC 300ff–16</ref>.</p></sidenote> <heading class="inline">TECHNICAL ASSISTANCE.</heading> <content>“The Administrator of the Health Resources and Services Administration may, beginning on the date of enactment of this title, provide technical assistance to assist entities in complying with the requirements of this part in order to make such entities eligible to receive a grant under this part.</content> </section> <section> <num value="2607">“SEC. 2607. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–17">42 USC 300ff–17</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>“For purposes of this part:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Eligible area</inline>.—</heading> <content>The term ‘eligible area’ means a metropolitan area described in section 2601(a)(1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Metropolitan area</inline>.—</heading> <content>The term ‘metropolitan area’ means an area referred to in the HIV/AIDS Surveillance Report of the Centers for Disease Control as a metropolitan area.</content> </paragraph> </section> <section> <num value="2608">“SEC. 2608. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–18">42 USC 300ff–18</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>“There are authorized to be appropriated to make grants under this part, $275,000,000 in each of the fiscal years 1991 and 1992, and such sums as may be necessary in each of the fiscal years 1993 through 1995.”.</content> </section> </part>
SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended— (1) in section 406(a)(2), by striking “2101” and inserting

42 USC 284a.

“2701”; (2) in section 465(f), by striking “2601” and inserting “2701”;

42 USC 286.

 104 STAT. 586 (3)

42 USC 287a.

 in section 480(a)(2), by striking “2101” and inserting “2701”; (4)

42 USC 287c–2.

 in section 485(a)(2), by striking “2101” and inserting “2701”; (5)

42 USC 289f.

 in section 497, by striking “2601” and inserting “2701”; and (6)

42 USC 290aa–3a.

 in section 505(a)(2), by striking “2101” and inserting “2701”; and (7)

42 USC 299c–5.

 in section 926(b) (as added by section 6103(c)(1) of Public Law 101–239), by striking “2611” each place such term appears and inserting “2711”.
<num value="II">TITLE II—</num> <heading class="inline">HIV CARE GRANTS</heading> <section> <num value="201">SEC. 201. </num> <heading class="inline">HIV CARE GRANTS.</heading> <content>Title XXVI of the Public Health Service Act (as added by section 101) is amended by adding at the end thereof the following new part: <quotedContent> <part> <num value="B"><inline class="smallCaps">“Part</inline> B—</num><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–21">42 USC 300ff–21</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Care Grant Program</inline></heading> <section> <num value="2611">“SEC. 2611. </num> <heading class="inline">GRANTS.</heading> <content>“The Secretary shall, subject to the availability of appropriations, make grants to States to enable such States to improve the quality, availability and organization of health care and support services for individuals and families with HIV disease.</content> </section> <section> <num value="2612">“SEC. 2612. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–22">42 USC 300ff–22</ref>.</p></sidenote> <heading class="inline">GENERAL USE OF GRANTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>A State may use amounts provided under grants made under this part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to establish and operate HIV care consortia within areas most affected by HIV disease that shall be designed to provide a comprehensive continuum of care to individuals and families with HIV disease in accordance with section 2613;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to provide home-and community-based care services for individuals with HIV disease in accordance with section 2614;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>to provide assistance to assure the continuity of health insurance coverage for individuals with HIV disease in accordance with section 2615; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to provide treatments, that have been determined to prolong life or prevent serious deterioration of health, to individuals with HIV disease in accordance with section 2616.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Infants and Women, Etc</inline>.—</heading> <content class="inline">A State shall use not less than 15 percent of funds allocated under this part to provide health and support services to infants, children, women, and families with HIV disease.</content> </subsection> </section> <section> <num value="2613">“SEC. 2613. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–23">42 USC 300ff–23</ref>.</p></sidenote> <heading class="inline">GRANTS TO ESTABLISH HIV CARE CONSORTIA.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Consortia</inline>.—</heading> <chapeau>A State may use amounts provided under a grant awarded under this part to provide assistance under section 2612(a)(1) to an entity that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>is an association of one or more public, and one or more nonprofit private, health care and support service providers and community based organizations operating within areas determined by the State to be most affected by HIV disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>agrees to use such assistance for the planning, development and delivery, through the direct provision of services or <page identifier="/us/stat/104/587">104 STAT. 587</page>through entering into agreements with other entities for the provision of such services, of comprehensive outpatient health and support services for individuals with HIV disease, that may include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>essential health services such as case management services, medical, nursing, and dental care, diagnostics, monitoring, and medical follow-up services, mental health, developmental, and rehabilitation services, home health and hospice care; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>essential support services such as transportation services, attendant care, homemaker services, day or respite care, benefits advocacy, advocacy services provided through public and nonprofit private entities, and services that are incidental to the provision of health care services for individuals with HIV disease including nutrition services, housing referral services, and child welfare and family services (including foster care and adoption services).</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">An entity or entities of the type described in this subsection shall hereinafter be referred to in this title as a ‘consortium’ or ‘consortia’.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Assurances</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Requirement</inline>.—</heading> <chapeau>To receive assistance from a State under subsection (a), an applicant consortium shall provide the State with assurances that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>within any locality in which such consortium is to operate, the populations and subpopulations of individuals and families with HIV disease have been identified by the consortium;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the service plan established under subsection (c)(2) by such consortium addresses the special care and service needs of the populations and subpopulations identified under subparagraph (A); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>except as provided in paragraph (2), the consortium will be a single coordinating entity that will integrate the delivery of services among the populations and subpopulations identified under subparagraph (A).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <chapeau>Subparagraph (C) of paragraph (1) shall not apply to any applicant consortium that the State determines will operate in a community or locality in which it has been demonstrated by the applicant consortium that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>subpopulations exist within the community to be served that have unique service requirements; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such unique service requirements cannot be adequately and efficiently addressed by a single consortium serving the entire community or locality.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Application</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>To receive assistance from the State under subsection (a), a consortium shall prepare and submit to the State, an application that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">demonstrates that the consortium includes agencies and community-based organizations—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>with a record of service to populations and subpopulations with HIV disease requiring care within the community to be served; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>that are representative of populations and subpopulations reflecting the local incidence of HIV <page identifier="/us/stat/104/588">104 STAT. 588</page>and that are located in areas in which such populations reside;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">demonstrates that the consortium has carried out an assessment of service needs within the geographic area to be served and, after consultation with the entities described in paragraph (2), has established a plan to ensure the delivery of services to meet such identified needs that shall include—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>assurances that service needs will be addressed through the coordination and expansion of existing programs before new programs are created;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Urban areas.</p><p class="indent0 firstIndent0 fontsize8">Suburban areas.</p></sidenote> <content>assurances that, in metropolitan areas, the geographic area to be served by the consortium corresponds to the geographic boundaries of local health and support services delivery systems to the extent practicable;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Rural areas.</p></sidenote> <content>assurances that, in the case of services for individuals residing in rural areas, the applicant consortium shall deliver case management services that link available community support services to appropriate specialized medical services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>assurances that the assessment of service needs and the planning of the delivery of services will include participation by individuals with HIV disease;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>demonstrates that adequate planning has occurred to meet the special needs of families with HIV disease, including family centered care;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">demonstrates that the consortium has created a mechanism to evaluate periodically—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the success of the consortium in responding to identified needs; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the cost-effectiveness of the mechanisms employed by the consortium to deliver comprehensive care; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>demonstrates that the consortium will report to the State the results of the evaluations described in subparagraph (D) and shall make available to the State or the Secretary, on request, such data and information on the program methodology that may be required to perform an independent evaluation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <chapeau>In establishing the plan required under paragraph (1)(B), the consortium shall consult with—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <clause class="inline"> <num value="i">(i) </num> <content>the public health agency that provides or supports ambulatory and outpatient HIV-related health care services within the geographic area to be served; or</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of a public health agency that does not directly provide such HIV-related health care services such agency shall consult with an entity or entities that directly provide ambulatory and outpatient HIV-related health care services within the geographic area to be served; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>not less than one community-based organization that is organized solely for the purpose of providing HIV-related support services to individuals with HIV disease.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The organization to be consulted under subparagraph (B) shall be at the discretion of the applicant consortium.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Definition</inline>.—</heading> <content>As used in this part, the term ‘family centered care’ means the system of services described in this section that is <page identifier="/us/stat/104/589">104 STAT. 589</page>targeted specifically to the special needs of infants, children, women, and families. Family centered care shall be based on a partnership between parents, professionals, and the community designed to ensure an integrated, coordinated, culturally sensitive, and community-based continuum of care for children, women, and families with HIV disease.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <chapeau>In providing assistance under subsection (a), the State shall, among applicants that meet the requirements of this section, give priority—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>first to consortia that are receiving assistance from the Health Resources and Services Administration for adult and pediatric HIV-related care demonstration projects; and then</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to any other existing HIV care consortia.</content> </paragraph> </subsection> </section> <section> <num value="2614">“SEC. 2614. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–24">42 USC 300ff–24</ref>.</p></sidenote> <heading class="inline">GRANTS FOR HOME-AND COMMUNITY-BASED CARE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Uses</inline>.—</heading> <chapeau>A State may use amounts provided under a grant awarded under this part to make grants under section 2612(a)(2) to entities to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide home- and community-based health services for individuals with HIV disease pursuant to written plans of care prepared by a case management team, that shall include appropriate health care professionals, in such State for providing such services to such individuals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide outreach services to individuals with HIV disease, including those individuals in rural areas; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>provide for the coordination of the provision of services under this section with the provision of HIV-related health services provided by public and private entities.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <chapeau>In awarding grants under subsection (a), a State shall give priority to entities that provide assurances to the State that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>such entities will participate in HIV care consortia if such consortia exist within the State; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such entities will utilize amounts provided under such <sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote>grants for the provision of home- and community-based services to low-income individuals with HIV disease.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Definition</inline>.—</heading> <chapeau>As used in this part, the term ‘home- and community-based health services’—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>means, with respect to an individual with HIV disease, skilled health services furnished to the individual in the individual’s home pursuant to a written plan of care established by a case management team, that shall include appropriate health care professionals, for the provision of such services and items described in paragraph (2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">includes—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>durable medical equipment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>homemaker or home health aide services and personal care services furnished in the home of the individual;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>day treatment or other partial hospitalization services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>home intravenous and aerosolized drug therapy (including prescription drugs administered as part of such therapy);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>routine diagnostic testing administered in the home of the individual; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>appropriate mental health, developmental, and rehabilitation services; and</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/590">104 STAT. 590</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">does not include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>inpatient hospital services; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>nursing home and other long term care facilities.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2615">“SEC. 2615. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–25">42 USC 300ff–25</ref>.</p></sidenote> <heading class="inline">CONTINUUM OF HEALTH INSURANCE COVERAGE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>A State may use amounts received under a grant awarded under this part to establish a program of financial assistance under section 2612(a)(3) to assist eligible low-income individuals with HIV disease in—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>maintaining a continuity of health insurance; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>receiving medical benefits under a health insurance program, including risk-pools.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Limitations</inline>.—</heading> <chapeau>Assistance shall not be utilized under subsection (a)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to pay any costs associated with the creation, capitalization, or administration of a liability risk pool (other than those costs paid on behalf of individuals as part of premium contributions to existing liability risk pools); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to pay any amount expended by a State under title XIX of the Social Security Act.</content> </paragraph> </subsection> </section> <section> <num value="2616">“SEC. 2616. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–26">42 USC 300ff–26</ref>.</p></sidenote> <heading class="inline">PROVISION OF TREATMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>A State may use amounts provided under a grant awarded under this part to establish a program under section 2612(a)(4) to provide treatments that have been determined to pro-long life or prevent the serious deterioration of health arising from HIV disease in eligible individuals.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Eligible Individual</inline>.—</heading> <chapeau>To be eligible to receive assistance from a State under this section an individual shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>have a medical diagnosis of HIV disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote> <content>be a low-income individual, as defined by the State.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">State Duties</inline>.—</heading> <chapeau>In carrying out this section the State shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>determine, in accordance with guidelines issued by the Secretary, which treatments are eligible to be included under the program established under this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide assistance for the purchase of treatments determined to be eligible under paragraph (1), and the provision of. such ancillary devices that are essential to administer such treatments;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>provide outreach to individuals with HIV disease, and as appropriate to the families of such individuals; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>facilitate access to treatments for such individuals.</content> </paragraph> </subsection> </section> <section> <num value="2617">“SEC. 2617. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–27">42 USC 300ff–27</ref>.</p></sidenote> <heading class="inline">STATE APPLICATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>The Secretary shall not make a grant to a State under this part for a fiscal year unless the State prepares and submits, to the Secretary, an application at such time, in such form, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Description of Intended Uses and Agreements</inline>.—</heading> <chapeau>The application submitted under subsection (a) shall contain—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">a detailed description of the HIV-related services provided in the State to individuals and families with HIV disease during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such services, that shall include—</chapeau> <page identifier="/us/stat/104/591">104 STAT. 591</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a description of the types of programs operated or funded by the State for the provision of HIV-related services during the year preceding the year for which the grant is requested and the methods utilized by the State to finance such programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an accounting of the amount of funds that the State has expended for such services and programs during the year preceding the year for which the grant is requested; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">information concerning—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the number of individuals to be served with assistance provided under the grant;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>demographic data on the population of the individuals to be served;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the average cost of providing each category of HIV-related health services and the extent to which such cost is paid by third-party payors; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the aggregate amounts expended for each such category of services;</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">a comprehensive plan for the organization and delivery of HIV health care and support services to be funded with assistance received under this part that shall include a description of the purposes for which the State intends to use such assistance, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with such assistance will maximize the quality of health and support services available to individuals with HIV disease throughout the State; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a description of the manner in which services funded with assistance provided under this part will be coordinated with other available related services for individuals with HIV disease; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">an assurance by the State that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the public health agency that is administering the grant for the State will conduct public hearings concerning the proposed use and distribution of the assistance to be received under this part;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">the State will—<sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote></chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>to the maximum extent practicable, ensure that HIV-related health care and support services delivered pursuant to a program established with assistance provided under this part will be provided without regard to the ability of the individual to pay for such services and without regard to the current or past health condition of the individual with HIV disease;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>ensure that such services will be provided in a setting that is accessible to low-income individuals with HIV disease;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>provide outreach to low-income individuals with HIV disease to inform such individuals of the services available under this part; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <chapeau>in the case of a State that intends to use amounts provided under the grant for purposes described in 2615, submit a plan to the Secretary that <page identifier="/us/stat/104/592">104 STAT. 592</page>demonstrates that the State has established a program that assures that—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>such amounts will be targeted to individuals who would not otherwise be able to afford health insurance coverage; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <content>income, asset, and medical expense criteria will be established and applied by the State to identify those individuals who qualify for assistance under such program, and information concerning such criteria shall be made available to the public;</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the State will provide for periodic independent peer review to assess the quality and appropriateness of health and support services provided by entities that receive funds from the State under this part;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the State will permit and cooperate with any Federal investigations undertaken regarding programs conducted under this part;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the State will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the State for the 1 year period preceding the fiscal year for which the State is applying to receive a grant under this part; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <chapeau class="inline">the State will ensure that grant funds are not utilized to make payments for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>by an entity that provides health services on a prepaid basis.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Requirements Regarding Imposition of Charges for Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2611 to a State unless the State provides assurances that in the provision of services with assistance provided under the grant—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the provider will not impose charges on any such individual for the provision of services under the grant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in the case of individuals with an income greater than 100 percent of the official poverty line, the provider—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>will impose charges on each such individual for the provision of such services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <content>will impose charges according to a schedule of charges that is made available to the public;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>in the case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the provider will not, <page identifier="/us/stat/104/593">104 STAT. 593</page>for any calendar year, impose charges in an amount exceeding 7 percent of the annual gross income of the individual involved; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>in the case of individuals with an income greater than 300 percent of the official poverty line, the provider will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Assessment of charge</inline>.—</heading> <chapeau>With respect to compliance with the assurance made under paragraph (1), a grantee under this part may, in the case of individuals subject to a charge for purposes of such paragraph—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules regarding limitation on the maximum amount of charges; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Applicability of limitation on amount of charge</inline>.—</heading> <content>The Secretary may not make a grant under section 2611 unless the applicant of the grant agrees that the limitations established in subparagraphs (C), CD), and (E) of paragraph (1) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Waiver</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The State shall waive the requirements established in paragraphs (1) through (3) in the case of an entity that does not, in providing health care services, impose a charge or accept reimbursement from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Determination</inline>.—</heading> <content>A determination by the State of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Requirement of Matching Funds Regarding State Allotments</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>In the case of any State to which the criterion described in paragraph (3) applies, the Secretary may not make a grant under this part unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will, subject to subsection (b)(2), make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for the first fiscal year of payments under the grant, not less than 16% percent of such costs ($1 for each $5 of Federal funds provided in the grant);</content> </subparagraph> <page identifier="/us/stat/104/594">104 STAT. 594</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for any second fiscal year of such payments, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for any third fiscal year of such payments, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>for any fourth fiscal year of such payments, not less than 33⅓ percent of such costs ($1 for each $2 of Federal funds provided in the grant); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>for any subsequent fiscal year of such payments, not less than 33⅓ percent of such costs ($1 for each $2 of Federal funds provided in the grant).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Determination of amount of non-federal contribution</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Inclusion of certain amounts</inline>.—</heading> <clause class="indent0 fontsize10"> <num value="i">“(i) </num> <content>In making a determination of the amount of non-Federal contributions made by a State for purposes of paragraph (1), the Secretary shall, subject to clause (ii), include any non-Federal contributions provided by the State for HIV-related services, without regard to whether the contributions are made for programs established pursuant to this title;</content> </clause> <clause class="indent0 fontsize10"> <num value="ii">“(ii) </num> <content>In making a determination for purposes of clause (i), the Secretary may not include any non-Federal contributions provided by the State as a condition of receiving Federal funds under any program under this title (except for the program established in this part) or under other provisions of law.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Applicability of requirement</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">Number of cases</inline>.—</heading> <content>A State referred to in paragraph (1) is any State for which the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the period described in subparagraph (B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the Director for such period for the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Period of time</inline>.—</heading> <content>The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under subsection (a).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading class="inline"><inline class="smallCaps">Puerto Rico</inline>.—</heading> <content>For purposes of paragraph (1), the number of cases of acquired immune deficiency syndrome reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Diminished state contribution</inline>.—</heading> <content>With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in paragraph (1), the State shall continue to be eligible to receive Federal funds under a <page identifier="/us/stat/104/595">104 STAT. 595</page>grant under this part, except that the Secretary in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in paragraph (1)) only with respect to the amount of funds contributed by such State.</content> </paragraph> </subsection> </section> <section> <num value="2S18">“SEC. 2S18. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–28">42 USC 300ff–28</ref>.</p></sidenote> <heading class="inline">DISTRIBUTION OF FUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Special Projects of a National Significance</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Of the amount appropriated under section 2620 for each fiscal year, the Secretary shall use not to exceed 10 percent of such amount to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities including communitybased organizations to fund special programs for the care and treatment of individuals with HIV disease.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Grants</inline>.—</heading> <chapeau>The Secretary shall award grants under subsection (a) based on—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the need to assess the effectiveness of a particular model for the care and treatment of individuals with HIV disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the innovative nature of the proposed activity; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the potential replicability of the proposed activity in other similar localities or nationally.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Special projects</inline>.—</heading> <chapeau>Special projects of a national significance may include those that are designed to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>establish a system designed to increase the number of health care facilities willing and able to serve low-income individuals and families with HIV disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>deliver drug abuse treatment and HIV health care services at a single location, through either an outpatient or residential facility;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>provide support and respite care for participants in family based care networks critical to the delivery of comprehensive HIV care in the minority community;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>deliver an enhanced spectrum of comprehensive health care and support services to underserved hemophilia populations, including minorities and those in rural and underserved areas, utilizing established networks of hemophilia diagnostic and treatment centers and communitybased outreach systems;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>deliver HIV health care and support services to Indians with HIV disease and their families;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>improve the provision of HIV health care and sup-port services to individuals and families with HIV disease located in rural areas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>deliver HIV health care and support services to homeless individuals and families with HIV disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>deliver HIV health care and support services to individuals with HIV disease who are incarcerated.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Amount of Grant to State</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Minimum allotment</inline>.—</heading> <chapeau>Subject to the extent of amounts made available under section 2620, the amount of a grant to be made under this part for—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">each of the several States and the District of Columbia <sidenote><p class="indent0 firstIndent0 fontsize8">District of Columbia.</p></sidenote>for a fiscal year shall be the greater of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>$100,000, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>an amount determined under paragraph (2); and</content> </clause> </subparagraph> <page identifier="/us/stat/104/596">104 STAT. 596</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Territories, U.S.</p></sidenote> <content>each territory of the United States, as defined in paragraph 3, shall be an amount determined under paragraph (2).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Determination</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading class="inline"><inline class="smallCaps">Formula</inline>.—</heading> <chapeau>The amount referred to in paragraph (1)(A)(ii) for a State and paragraph (1)(B) for a territory of the United States shall be the product of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an amount equal to the amount appropriated under section 2620 for the fiscal year involved; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the ratio of the distribution factor for the State or territory to the sum of the distribution factors for all the States or territories.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading class="inline"><inline class="smallCaps">Distribution factor</inline>.—</heading> <chapeau>As used in subparagraph (A)(ii), the term ‘distribution factor’ means—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">in the case of a State, the product of—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the number of cases of acquired immune deficiency syndrome in the State, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data are available; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <chapeau class="inline">the cube root of the ratio (based on the most recent available data) of—</chapeau> <item class="firstIndent1 fontsize10"> <num value="aa">“(aa) </num> <content>the average per capita income of individuals in the United States (including the territories); to</content> </item> <item class="firstIndent1 fontsize10"> <num value="bb">“(bb) </num> <content>the average per capita income of individuals in the State; and</content> </item> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of a territory of the United States the number of additional cases of such syndrome in the specific territory, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data is available.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>As used in this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the term ‘State’ means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the term ‘territory of the United States’ means the Virgin Islands, Guam, American Samoa, the Common-wealth of the Northern Mariana Islands, and the Republic of the Marshall Islands.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Allocation of Assistance by States</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Consortia</inline>.—</heading> <content>In a State that has reported 1 percent or more of all AIDS cases reported to and confirmed by the Centers for Disease Control in all States, not less than 50 percent of the amount received by the State under a grant awarded under this part shall be utilized for the creation and operation of community-based comprehensive care consortia under section 2613, in those areas within the State in which the largest number of individuals with HIV disease reside.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Allowances</inline>.—</heading> <content>Prior to allocating assistance under this subsection, a State shall consider the unmet needs of those areas that have not received financial assistance under part A.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Planning and evaluations</inline>.—</heading> <content>A State may not use in excess of 5 percent of amounts received under a grant awarded under this part for planning and evaluation activities.</content> </paragraph> <page identifier="/us/stat/104/597">104 STAT. 597</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Administration</inline>.—</heading> <content>A State may not use in excess of 5 percent of amounts received under a grant awarded under this part for administration, accounting, reporting, and program oversight functions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Construction</inline>.—</heading> <content>A State may not use amounts received under a grant awarded under this part to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Expedited Distribution</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Not less than 75 percent of the amounts received under a grant awarded to a State under this part shall be obligated to specific programs and projects and made available for expenditure not later than—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of the first fiscal year for which amounts are received, 150 days after the receipt of such amounts by the State; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of succeeding fiscal years, 120 days after the receipt of such amounts by the State.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Public comment</inline>.—</heading> <content>Within the time periods referred to in paragraph (1), the State shall invite and receive public comment concerning methods for the utilization of such amounts.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Reallocation</inline>.—</heading> <content>Any amounts appropriated in any fiscal year and made available to a State under this part that have not been obligated as described in subsection (d) shall be repaid to the Secretary and reallotted to other States in proportion to the original grants made to such States.</content> </subsection> </section> <section> <num value="2619">“SEC. 2619. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–29">42 USC 300ff–29</ref>.</p></sidenote> <heading class="inline">TECHNICAL ASSISTANCE.</heading> <content>“The Secretary may provide technical assistance in administering and coordinating the activities authorized under section 2612.</content> </section> <section> <num value="2620">“SEC. 2620. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–30">42 USC 300ff–30</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>“There are authorized to be appropriated to make grants under this part, $275,000,000 in each of the fiscal years 1991 and 1992, and such sums as may be necessary in each of the fiscal years 1993 through 1995.”.</content> </section> </part> </quotedContent> </content> </section> <num value="III">TITLE III—</num> <heading class="inline">EARLY INTERVENTION SERVICES</heading> <section> <num value="301">SEC. 301. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline">GRANTS FOR PROVISION OF SERVICES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Title XXVI of the Public Health Service Act (as amended by section 201) is further amended by adding at the end the following new part: <quotedContent> <part> <num value="C"><inline class="smallCaps">“Part</inline> C—</num> <heading class="inline"><inline class="smallCaps">Early Intervention Services</inline></heading> <subpart> <num value="I">“Subpart I—</num> <heading class="inline">Formula Grants for States</heading> <section> <num value="2641">“SEC. 2641. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–41">42 USC 300ff–41</ref>.</p></sidenote> <heading class="inline">ESTABLISHMENT OF PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Allotments for States</inline>.—</heading> <content>For the purposes described in subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and in consultation with the Administrator of the Health Resources and Services Administration, shall <page identifier="/us/stat/104/598">104 STAT. 598</page>for each of the fiscal years 1991 through 1995 make an allotment for each State in an amount determined in accordance with section 2649. The Secretary shall make payments, as grants, to each State from the allotment for the State for the fiscal year involved if the Secretary approves for the fiscal year an application submitted by the State pursuant to section 2665.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Purposes of Grants</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the State involved agrees to expend the grant for the purposes of providing, on an outpatient basis, each of the early intervention services specified in paragraph (2) with respect to HIV disease.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Specification of early intervention services</inline>.—</heading> <chapeau>The early intervention services referred to in paragraph (1) are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">counseling individuals with respect to HIV disease in accordance with section 2662;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>testing individuals with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>referrals described in paragraph (3);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>other clinical and diagnostic services with respect to HIV disease, and periodic medical evaluations of individuals with the disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>providing the therapeutic measures described in subparagraph (B).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Referrals</inline>.—</heading> <chapeau>The services referred to in paragraph (2)(C) are referrals of individuals with HIV disease to appropriate providers of health and support services, including, as appropriate—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to entities receiving amounts under part A or B for the provision of such services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to biomedical research facilities of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to grantees under section 2671, in the case of pregnant women.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Requirement of availability of all early intervention services through each grantee</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the State involved agrees that each of the early intervention services specified in paragraph (2) will be available through the State. With respect to compliance with such agreement, a State may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements with public or nonprofit private entities under which the entities provide the services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Optional services</inline>.—</heading> <chapeau>A State receiving a grant under subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">may expend not more than 5 percent of the grant to provide early intervention services through making grants to hospitals that—</chapeau> <page identifier="/us/stat/104/599">104 STAT. 599</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">for the most recent fiscal year for which the data is available, have admitted—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>not fewer than 250 individuals with acquired immune deficiency syndrome; or</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>a number of such individuals constituting 20 percent of the number of inpatients of the hospital admitted during such period;</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>agree to offer and encourage such services with respect to inpatients of the hospitals; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>agree that subsections (c) and (d) of section 2644 will apply to the hospitals to the same extent and in the same manner as such subsections apply to entities described in such section;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>may expend the grant to provide outreach services to individuals who may have HIV disease, or may be at risk of the disease, and who may be unaware of the availability and potential benefits of early treatment of the disease, and to provide outreach services to health care professionals who may be unaware of such availability and potential benefits; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">may, in the case of individuals who seek early intervention services from the grantee, expend the grant—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for case management to provide coordination in the provision of health care services to the individuals and to review the extent of utilization of the services by the individuals; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to provide assistance to the individuals regarding establishing the eligibility of the individuals for financial assistance and services under Federal, State, or local programs providing for health services, mental health services, social services, or other appropriate services.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <heading class="inline"><inline class="smallCaps">Allocations</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">Subject to subparagraphs (B) and (C), the Secretary may not make a grant under subsection (a) unless the State involved agrees—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>to expend not less than 35 percent of the grant to provide the early intervention services specified in sub-paragraphs (A) through (C) of paragraph (2); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to expend not less than 35 percent of the grant to provide the early intervention services specified in sub-paragraphs (D) and (E) of such paragraph.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>With respect to compliance with the agreement under subparagraph (A), amounts reserved by a State for fiscal year 1991 for purposes of clauses (i) and (ii) of such subparagraph may be expended to provide the services specified in paragraph (5).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The Secretary shall ensure that, of the amounts appropriated under section 2650 for fiscal year 1991, an amount equal to $130,000,000 is expended to provide the early intervention services specified in subparagraphs (A) through (C) of paragraph (2).</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2642">“SEC. 2642. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–42">42 USC 300ff–42</ref>.</p></sidenote> <heading class="inline">PROVISION OF SERVICES THROUGH MEDICAID PROVIDERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">Subject to subsection (b), the Secretary may not make a grant under section 2641 to a State unless, in the case of any service described in subsection (b) of such section that is available <page identifier="/us/stat/104/600">104 STAT. 600</page>pursuant to the State plan approved under title XIX of the Social Security Act for the State—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the State will provide the service through a State entity, and the State entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the State will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Waiver Regarding Certain Secondary Agreements</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>In the case of an entity making an agreement pursuant to subsection (a)(2) regarding the provision of services, the requirement established in such subsection regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Acceptance of voluntary donations</inline>.—</heading> <content>A determination by the Secretary of whether an entity referred to in paragraph (1) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public.</content> </paragraph> </subsection> </section> <section> <num value="2643">“SEC. 2643. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–43">42 USC 300ff–43</ref>.</p></sidenote> <heading class="inline">REQUIREMENT OF MATCHING FUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>In the case of any State to which the criterion described in subsection (c) applies, the Secretary may not make a grant under section 2641 unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the purpose referred to in such subsection, the State will, subject to subsection (b)(2), make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>for the first fiscal year for which such criterion applies to the State, not less than 16% percent of such costs ($1 for each $5 of Federal funds provided in the grant);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>for any second such fiscal year, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>for any third such fiscal year, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>for any subsequent fiscal year, not less than 33⅓ per-cent of such costs ($1 for each $2 of Federal funds provided in the grant).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Determination of Amount of Non-Federal Contribution</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Inclusion of certain amounts</inline>.—</heading> <page identifier="/us/stat/104/601">104 STAT. 601</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>In making a determination of the amount of non-Federal contributions made by a State for purposes of subsection (a), the Secretary shall, subject to subparagraph (B), include any non-Federal contributions provided by the State for HIV-related services, without regard to whether the contributions are made for programs established pursuant to this title.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In making a determination for purposes of subparagraph (A), the Secretary may not include any non-Federal contributions provided by the State as a condition of receiving Federal funds under any program under this title (except for the program established in section 2641) or under other provisions of law.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Applicability of Matching Requirement</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Percentage of national number of cases</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>The criterion referred to in subsection (a) is, with respect to a State, that the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the State for the period described in subparagraph (B) constitutes more than 1 percent of the number of such cases reported to and confirmed by the Director for the United States for such period.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under section 2641.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Exemption</inline>.—</heading> <content>For purposes of paragraph (1), the number<sidenote><p class="indent0 firstIndent0 fontsize8">Puerto Rico.</p></sidenote> of cases of acquired immune deficiency syndrome reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Diminished State Contribution</inline>.—</heading> <content>With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in subsection (a), the State shall continue to be eligible to receive Federal funds under a grant under section 2641, except that the Secretary in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in paragraph (1)) only with respect to the amount of funds contributed by such State.</content> </subsection> </section> <section> <num value="2644">“SEC. 2644. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–44">42 USC 300ff–44</ref>.</p></sidenote> <heading class="inline">OFFERING AND ENCOURAGING EARLY INTERVENTION SERVICES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2641 unless, in the case of entities to which the State provides amounts from the grant for the provision of early intervention services, the State involved agrees that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>if the entity is a health care provider that regularly provides treatment for sexually transmitted diseases, the entity will offer and encourage such services with respect to individuals to whom the entity provides such treatment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>if the entity is a health care provider that regularly provides treatment for intravenous substance abuse, the entity will offer and encourage such services with respect to individuals to whom the entity provides such treatment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>if the entity is a family planning clinic, the entity will offer and encourage such services with respect to individuals to whom the entity provides family planning services and whom the entity has reason to believe has HIV disease; and</content> </paragraph> <page identifier="/us/stat/104/602">104 STAT. 602</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>if the entity is a health care provider that provides treatment for tuberculosis, the entity will offer and encourage such services with respect to individuals to whom the entity provides such treatment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Sufficiency of Amount of Grant</inline>.—</heading> <content>With respect to compliance with the agreement made under subsection (a), an entity to which subsection (a) applies may be required to offer, encourage, and provide early intervention services only to the extent that the amount of the grant is sufficient to pay the costs of offering, encouraging, and providing the services.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Criteria for Offering and Encouraging</inline>—</heading> <chapeau>Subject to section 2641(b)(4), an entity to which subsection (a) applies is, for purposes of such subsection, offering and encouraging early intervention services with respect to the individuals involved if the entity—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>offers such services to the individuals, and encourages the individuals to receive the services, as a regular practice in the course of providing the health care involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provides the early intervention services only with the consent of the individuals.</content> </paragraph> </subsection> </section> <section> <num value="2645">“SEC. 2645. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–45">42 USC 300ff–45</ref>.</p></sidenote> <heading class="inline">NOTIFICATION OF CERTAIN INDIVIDUALS RECEIVING BLOOD TRANSFUSIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2641 unless the State involved provides assurances satisfactory to the Secretary that, with respect to individuals in the State receiving, between January 1, 1978, and April 1, 1985 (inclusive), a transfusion of whole blood or a blood-clotting factor, the State will provide public education and information for the purpose of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>encouraging the population of such individuals to receive early intervention services; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>informing such population of any health facilities in the geographic area involved that provide such services.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Rule of Construction</inline>.—</heading> <content>An agreement made under subsection (a) may not be construed to require that, in carrying out the activities described in such subsection, a State receiving a grant under section 2641 provide individual notifications to the individuals described in such subsection.</content> </subsection> </section> <section> <num value="2646">“SEC. 2646. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–46">42 USC 300ff–46</ref>.</p></sidenote> <heading class="inline">REPORTING AND PARTNER NOTIFICATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Classified information.</p></sidenote> <heading class="inline"><inline class="smallCaps">Reporting</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2641 unless, with respect to testing for HIV disease, the State involved provides assurances satisfactory to the Secretary that the State will require that any entity carrying out such testing confidentially report to the State public health officer information sufficient—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to perform statistical and epidemiological analyses of the incidence in the State of cases of such disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to perform statistical and epidemiological analyses of the demographic characteristics of the population of individuals in the State who have the disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>to assess the adequacy of early intervention services in the State.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Partner Notification</inline>.—</heading> <content>The Secretary may not make a grant under section 2641 unless the State involved provides assurances satisfactory to the Secretary that the State will require that the public health officer of the State, to the extent appropriate in <page identifier="/us/stat/104/603">104 STAT. 603</page>the determination of the officer, carry out a program of partner notification regarding cases of HIV disease.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Rules of Construction</inline>.—</heading> <chapeau>An agreement made under this section may not be construed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to require or prohibit any State from providing that identifying information concerning individuals with HIV disease is required to be submitted to the State; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to require any State to establish a requirement that entities other than the public health officer of the State are required to make the notifications referred to in subsection (b).</content> </paragraph> </subsection> </section> <section> <num value="2647">“SEC. 2647. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–47">42 USC 300ff–47</ref>.</p></sidenote> <heading class="inline">REQUIREMENT OF STATE LAW PROTECTION AGAINST INTENTIONAL TRANSMISSION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary may not make a grant under section 2641 to a State unless the chief executive officer determines that the criminal laws of the State are adequate to prosecute any HIV infected individual, subject to the condition described in subsection (b), who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>makes a donation of blood, semen, or breast milk, if the individual knows that he or she is infected with HIV and intends, through such donation, to expose another HIV in the event that the donation is utilized;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>injects himself or herself with a hypodermic needle and subsequently provides the needle to another person for purposes of hypodermic injection, if the individual knows that he or she is infected and intends, through the provision of the needle, to expose another to such etiologic agent in the event that the needle is utilized.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Consent to Risk of Transmission</inline>.—</heading> <content>The State laws described in subsection (a) need not apply to circumstances under which the conduct described in paragraphs (1) through (3) of subsection (a) if the individual who is subjected to the behavior involved knows that the other individual is infected and provides prior informed consent to the activity.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">State Certification With Respect to Required Laws</inline>.—</heading> <content>With respect to complying with subsection (a) as a condition of receiving a grant under section 2601, the Secretary may not require a State to enact any statute, or to issue any regulation, if the chief executive officer of the State are adequate. The existence of a criminal law of general application, which can be applied to the conduct described in paragraphs (1) through (3) of subsection (a) is sufficient for compliance with this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Time Limitations With Respect to Required Laws</inline>.—</heading> <chapeau>With respect to receiving a grant under section 2601, if a State is unable to certify compliance with subsection (a), the Secretary may make a grant to a State under such section if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>for each of the fiscal years 1991 and 1992, the State provides assurances satisfactory to the Secretary that by not later than October 1, 1992, the State has in place or will establish the prohibitions described in subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>for fiscal year 1993 and subsequent fiscal years, the State has established such prohibitions.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/604">104 STAT. 604</page> <section> <num value="2649">“SEC. 2649. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–49">42 USC 300ff–49</ref>.</p></sidenote> <heading class="inline">DETERMINATION OF AMOUNT OF ALLOTMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Minimum Allotment</inline>.—</heading> <chapeau>Subject to the extent of amounts made available in appropriations Acts, the amount of an allotment under section 2641(a) for a State for a fiscal year shall be the greater of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">District of Columbia.</p><p class="indent0 firstIndent0 fontsize8">Puerto Rico.</p><p class="indent0 firstIndent0 fontsize8">Territories, U.S.</p></sidenote> <content>$100,000 for each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each of the territories of the United States other than the Commonwealth of Puerto Rico; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an amount determined under subsection (b).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Determination Under Formula</inline>.—</heading> <chapeau>The amount referred to in subsection (a)(2) is the product of—</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an amount equal to the amount appropriated under subsection (a) of section 2650 for the fiscal year involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">a percentage equal to the quotient of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an amount equal to the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the State involved for the most recent fiscal year for which such data is available; divided by</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an amount equal to the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the United States for the most recent fiscal year for which such data is available.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Certain Allocations by Secretary</inline>.—</heading> <content>After determining the amount of an allotment under this subsection (a) for a fiscal year, the Secretary shall reduce the amount of the allotment of each State by 10 percent. From the amounts available as a result of such reductions, the Secretary shall, on a discretionary basis, make grants to States receiving allotments for the fiscal year involved. Such grants shall be made subject to each of the agreements and assurances required as a condition of receiving grants under section 2641.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Disposition of Certain Funds Appropriated for Allotments</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Any amounts available pursuant to paragraph (2) shall, in accordance with paragraph (3), be allotted by the Secretary each fiscal year to States receiving payments under section 2641(a) for the fiscal year (other than any State referred to in paragraph (2)(C)). The Secretary shall make payments, as grants, to each such State from any such allotment for the State for the fiscal year involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Specification of amounts</inline>.—</heading> <chapeau>The amounts referred to in paragraph (1) are any amounts that are not paid to States under section 2641(a) as a result of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the failure of any State to submit an application under section 2651;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the failure, in the determination of the Secretary, of any State to prepare the application in compliance with such section or to submit the application within a reasonable period of time; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State.</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/605">104 STAT. 605</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Amount of allotment</inline>.—</heading> <chapeau>The amount of an allotment under paragraph (1) for a State for a fiscal year shall be an amount equal to the product of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an amount equal to the amount available pursuant to paragraph (2) for the fiscal year involved; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the percentage determined under subsection (b)(2) for the State.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Transition Rules</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>For the fiscal years 1991 through 1993, the amount of an allotment under section 2641 shall be the greater of the amount determined under subsection (a) and an amount equal to the amount applicable under paragraph (2) for the fiscal year involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For purposes of paragraph (1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the amount applicable for fiscal year 1991 is an amount equal to the amount received by the State involved from the Secretary, acting through the Director of the Centers for Disease Control, for fiscal year 1990 for the provision of counseling and testing services with respect to HIV;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the amount applicable for fiscal year 1992 is 85 percent of the amount specified in subparagraph (A); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the amount applicable for fiscal year 1993 is 70 percent of the amount specified in subparagraph (A).</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2649A">“SEC. 2649A. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–49a">42 USC 300ff–49a</ref>.</p></sidenote> <heading class="inline">MISCELLANEOUS PROVISIONS.</heading> <chapeau>The Secretary may not make a grant under section 2641 unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">the State involved submits to the Secretary a comprehensive plan for the organization and delivery of the early intervention services to be funded with the grant that includes a description of the purposes for which the State intends to use such assistance, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the services and activities to be provided and an explanation of the manner in which the elements of the program to be implemented by the State with the grant will maximize the quality of early intervention services available to individuals with HIV disease throughout the State; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a description of the manner in which services funded with the grant will be coordinated with other available related services for individuals with HIV disease; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">the State agrees that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the public health agency administering the grant will conduct public hearings regarding the proposed use and distribution of the grant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to the maximum extent practicable, early intervention services delivered pursuant to the grant will be provided without regard to the ability of the individual to pay for such services and without regard to the current or past health condition of the individual with HIV disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>early intervention services under the grant will be <sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote>provided in settings accessible to low-income individuals with HIV disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>outreach to low-income individuals with HIV disease will be provided to inform such individuals of the services available pursuant to the grant.</content> </subparagraph> </paragraph> </section> <page identifier="/us/stat/104/606">104 STAT. 606</page> <section> <num value="2650">“SEC. 2650. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–50">42 USC 300ff–50</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>“For the purpose of making grants under section 2641, there are authorized to be appropriated $230,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995.</content> </section> </subpart> <subpart> <num value="II">“Subpart II—</num> <heading class="inline">Categorical Grants</heading> <section> <num value="2651">“SEC. 2651. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–51">42 USC 300ff–51</ref>.</p></sidenote> <heading class="inline">ESTABLISHMENT OF PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>For the purposes described in subsection (b), the Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to public and nonprofit private entities specified in section 2652(a)(1).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Purposes of Grants</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to expend the grant for the purposes of providing, on an outpatient basis, each of the early intervention services specified in paragraph (2) with respect to HIV disease.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Specification of early intervention services</inline>.—</heading> <chapeau>The early intervention services referred to in paragraph (1) are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>counseling individuals with respect to HIV disease in accordance with section 2662;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>testing individuals with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the immune system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>referrals described in paragraph (3);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>other clinical and diagnostic services regarding HIV disease, and periodic medical evaluations of individuals with the disease;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>providing the therapeutic measures described in subparagraph (B).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Referrals</inline>.—</heading> <chapeau>The services referred to in paragraph (2)(C) are referrals of individuals with HIV disease to appropriate providers of health and support services, including, as appropriate—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to entities receiving amounts under part A or B for the provision of such services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to biomedical research facility of institutions of higher education that offer experimental treatment for such disease, or to community-based organizations or other entities that provide such treatment; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to grantees under section 2671, in the case of a pregnant woman.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Requirement of availability of all early intervention services through each grantee</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that each of the early intervention services specified in paragraph (2) will be available through the grantee. With respect to compliance with such agreement, such a grantee may expend the grant to provide the early intervention services directly, and may expend the grant to enter into agreements <page identifier="/us/stat/104/607">104 STAT. 607</page>with public or nonprofit private entities under which the entities provide the services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Optional services</inline>.—</heading> <chapeau>A grantee under subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>may expend the grant to provide outreach services to individuals who may have HIV disease or may be at risk of the disease, and who may be unaware of the availability and potential benefits of early treatment of the disease, and to provide outreach services to health care professionals who may be unaware of such availability and potential benefits; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">may, in the case of individuals who seek early intervention services from the grantee, expend the grant—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for case management to provide coordination in the provision of health care services to the individuals and to review the extent of utilization of the services by the individuals; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to provide assistance to the individuals regarding establishing the eligibility of the individuals for financial assistance and services under Federal, State, or local programs providing for health services, mental health services, social services, or other appropriate services.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Participation in Certain Consortium</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to make reasonable efforts to participate in a consortium established with a grant under section 2612(a)(1) regarding comprehensive services to individuals with HIV disease, if such a consortium exist in the geographic area with respect to which the applicant is applying to receive such a grant.</content> </subsection> </section> <section> <num value="2652">“SEC. 2652. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–52">42 USC 300ff–52</ref>.</p></sidenote> <heading class="inline">MINIMUM QUALIFICATIONS OF GRANTEES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">The entities referred to in subsection (b) are public entities and nonprofit private entities that are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">migrant health centers under section 329 or community health centers under section 330;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">grantees under section 340 (regarding health services for the homeless);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">grantees under section 1001 (regarding family planning) other than States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">comprehensive hemophilia diagnostic and treatment centers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">Federally-qualified health centers under section 1905(1)(2)(B) of the Social Security Act; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">a nonprofit private entity that provides comprehensive primary care services to populations at risk of HIV disease.</content> </subparagraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Status as Medicaid Provider</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>Subject to paragraph (2), the Secretary may not make a grant under section 2651 for the provision of services described in subsection (b) of such section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act for the State—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the applicant for the grant will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or</content> </subparagraph> <page identifier="/us/stat/104/608">104 STAT. 608</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the applicant for the grant will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Waiver regarding certain secondary agreements</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>A determination by the Secretary of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2653">“SEC. 2653. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–53">42 USC 300ff–53</ref>.</p></sidenote> <heading class="inline">PREFERENCES IN MAKING GRANTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>In making grants under section 2651, the Secretary shall give preference to any qualified applicant experiencing an increase in the burden of providing services regarding HIV disease, as indicated by the factors specified in subsection (b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Specification of Factors</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>In the case of the geographic area with respect to which the entity involved is applying for a grant under section 2651, the factors referred to in subsection (a), as determined for the period specified in paragraph (2), are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the number of cases of acquired immune deficiency syndrome;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the rate of increase in such cases;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the lack of availability of early intervention services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the number of other cases of sexually transmitted diseases, and the number of cases of tuberculosis and of drug abuse;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the rate of increase in each of the cases specified in subparagraph (D);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>the lack of availability of primary health services from providers other than such applicant; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>the distance between such area and the nearest community that has an adequate level of availability of appropriate HIV-related services, and the length of time required to travel such distance.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Relevant period of time</inline>.—</heading> <content>The period referred to in paragraph (1) is the 2-year period preceding the fiscal year for which the entity involved is applying to receive a grant under section 2651.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Urban areas.</p><p class="indent0 firstIndent0 fontsize8">Rural areas.</p></sidenote> <heading class="inline"><inline class="smallCaps">Equitable Allocations</inline>.—</heading> <content>In providing preferences for purposes of subsection (b), the Secretary shall equitably allocate the preferences among urban and rural areas.</content> </subsection> </section> <section> <num value="2654">“SEC. 2654. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–54">42 USC 300ff–54</ref>.</p></sidenote> <heading class="inline">MISCELLANEOUS PROVISIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Services for Individuals With Hemophilia</inline>.—</heading> <content>In making grants under section 2651, the Secretary shall ensure that any such <page identifier="/us/stat/104/609">104 STAT. 609</page>grants made regarding the provision of early intervention services to individuals with hemophilia are made through the network of comprehensive hemophilia diagnostic and treatment centers.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Technical Assistance</inline>.—</heading> <content>The Secretary may, directly or through grants or contracts, provide technical assistance to non-profit private entities regarding the process of submitting to the Secretary applications for grants under section 2651, and may provide technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to such section.</content> </subsection> </section> <section> <num value="2655">“SEC. 2655. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–55">42 USC 300ff–55</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>“For the purpose of making grants under section 2651, there are authorized to be appropriated $75,000,000 for fiscal years 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995.</content> </section> </subpart> <subpart> <num value="III">“Subpart III—</num> <heading class="inline">General Provisions</heading> <section> <num value="2661">“SEC. 2661. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–61">42 USC 300ff–61</ref>.</p></sidenote> <heading class="inline">CONFIDENTIALITY AND INFORMED CONSENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Confidentiality </inline>—</heading> <chapeau>The Secretary may not make a grant under this part unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in the case of any State applying for a grant under section 2641, the State agrees to ensure that information regarding the receipt of early intervention services is maintained confidentially pursuant to law or regulations in a manner not inconsistent with applicable law; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of any entity applying for a grant under section 2651, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Informed Consent</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, in testing an individual for HIV disease, the applicant will test an individual only after obtaining from the individual a statement, made in writing and signed by the individual, declaring that the individual has undergone the counseling described in section 2662(a) and that the decision of the individual with respect to undergoing such testing is voluntarily made.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Provisions regarding anonymous testing</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>If, pursuant to section 2664(b), an individual will undergo testing pursuant to this part through the use of a pseudonym, a grantee under such section shall be considered to be in compliance with the agreement made under paragraph (1) if the individual signs the statement described in such subsection using the pseudonym.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>If, pursuant to section 2664(b), an individual will undergo testing pursuant to this part without providing any information relating to the identity of the individual, a grantee under such section shall be considered to be in compliance with the agreement made under paragraph (1) if the individual orally provides the declaration described in such paragraph.</content> </subparagraph> </paragraph> </subsection> </section> <page identifier="/us/stat/104/610">104 STAT. 610</page> <section> <num value="2662">“SEC. 2662. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–62">42 USC 300ff–62</ref>.</p></sidenote> <heading class="inline">PROVISION OF CERTAIN COUNSELING SERVICES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Counseling Before Testing</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, before testing an individual for HIV disease, the applicant will provide to the individual appropriate counseling regarding the disease (based on the most recently available scientific data), including counseling on—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>measures for the prevention of exposure to, and the transmission of, HIV;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the accuracy and reliability of the results of testing for HIV disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the significance of the results of such testing, including the potential for developing acquired immune deficiency syndrome;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>encouraging the individual, as appropriate, to undergo such testing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the benefits of such testing, including the medical benefits of diagnosing HIV disease in the early stages and the medical benefits of receiving early intervention services during such stages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>provisions of law relating to the confidentiality of the process of receiving such services, including information regarding any disclosures that may be authorized under applicable law and information regarding the availability of anonymous counseling and testing pursuant to section 2664(b); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>provisions of applicable law relating to discrimination against individuals with HIV disease.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Counseling of Individuals With Negative Test Results</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, if the results of testing conducted for HIV disease indicate that an individual does not have the disease, the applicant will review for the individual the information provided pursuant to subsection (a), including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the information described in paragraphs (1) through (3) of such subsection; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the appropriateness of further counseling, testing, and education of the individual regarding such disease.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Counseling of Individuals With Positive Test Results</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, if the results of testing for HIV disease indicate that the individual has the disease, the applicant will provide to the individual appropriate counseling regarding such disease, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>reviewing the information described in paragraphs (1) through (3) of subsection (a);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>reviewing the appropriateness of further counseling, testing, and education of the individual regarding such disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">providing counseling on—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the availability, through the applicant, of early intervention services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the availability in the geographic area of appropriate health care, mental health care, and social and support services, including providing referrals for such services, as appropriate;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the benefits of locating and counseling any individual by whom the infected individual may have been ex-<page identifier="/us/stat/104/611">104 STAT. 611</page>posed to HIV and any individual whom the infected individual may have exposed to HIV; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the availability of the services of public health authorities with respect to locating and counseling any individual described in subparagraph (C).</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Additional Requirements Regarding Appropriate Counseling</inline>.—</heading> <content>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, in counseling individuals with respect to HIV disease, the applicant will ensure that the counseling is provided under conditions appropriate to the needs of the individuals.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Counseling of Emergency Response Employees</inline>.—</heading> <content>The Secretary may not make a grant under this part to a State unless the State agrees that, in counseling individuals with respect to HIV disease, the State will ensure that, in the case of emergency response employees, the counseling is provided to such employees under conditions appropriate to the needs of the employees regarding the counseling.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Rule of Construction Regarding Counseling Without Testing</inline>.—</heading> <content>Agreements made pursuant to this section may not be construed to prohibit any grantee under this part from expending the grant for the purpose of providing counseling services described in this section to an individual who does not undergo testing for HIV disease as a result of the grantee or the individual determining that such testing of the individual is not appropriate.</content> </subsection> </section> <section> <num value="2663">“SEC. 2663. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–63">42 USC 300ff–63</ref>.</p></sidenote> <heading class="inline">APPLICABILITY OF REQUIREMENTS REGARDING CONFIDENTIALITY, INFORMED CONSENT, AND COUNSELING.</heading> <content>“The Secretary may not make a grant under this part unless the applicant for the grant agrees that, with respect to testing for HIV disease, any such testing carried out by the applicant will, without regard to whether such testing is carried out with Federal funds, be carried out in accordance with conditions described in sections 2661 and 2662.</content> </section> <section> <num value="2664">“SEC. 2664. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–64">42 USC 300ff–64</ref>.</p></sidenote> <heading class="inline">ADDITIONAL REQUIRED AGREEMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Reports to Secretary</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">the applicant submits to the Secretary—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a specification of the expenditures made by the applicant for early intervention services for the fiscal year preceding the fiscal year for which the applicant is applying to receive the grant; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an estimate of the number of individuals to whom the applicant has provided such services for such fiscal year; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">the applicant agrees to submit to the Secretary a report <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>providing—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the number of individuals to whom the applicant provides early intervention services pursuant to the grant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>epidemiological and demographic data on the population of such individuals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the extent to which the costs of HIV-related health care for such individuals are paid by third-party payors;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the average costs of providing each category of early intervention service; and</content> </subparagraph> <page identifier="/us/stat/104/612">104 STAT. 612</page> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the aggregate amounts expended for each such category.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Provision of Opportunities for Anonymous Counseling and Testing</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, to the extent permitted under State law, regulation or rule, the applicant will offer substantial opportunities for an individual—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to undergo counseling and testing regarding HIV disease without being required to provide any information relating to the identity of the individual; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to undergo such counseling and testing through the use of a pseudonym.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Prohibition Against Requiring Testing as Condition of Receiving Other Health Services</inline>.—</heading> <content>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, with respect to an individual seeking health services from the applicant, the applicant will not require the individual to undergo testing for HIV as a condition of receiving any health services unless such testing is medically indicated in the provision of the health services sought by the individual.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Maintenance of Support</inline>.—</heading> <content>The Secretary may not make a grant under this part unless the applicant for the grant agrees to maintain the expenditures of the applicant for early intervention services at a level equal to not less than the level of such expenditures maintained by the State for the fiscal year preceding the fiscal year for which the applicant is applying to receive the grant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Requirements Regarding Imposition of Charges for Services</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless, subject to paragraph (5), the applicant for the grant agrees that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of individuals with an income less than or equal to 100 percent of the official poverty line, the applicant will not impose a charge on any such individual for the provision of early intervention services under the grant;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in the case of individuals with an income greater than 100 percent of the official poverty line, the applicant—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>will impose a charge on each such individual for the provision of such services; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>will impose the charge according to a schedule of charges that is made available to the public.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Limitation on charges regarding individuals subject to charges</inline>.—</heading> <chapeau>With respect to the imposition of a charge for purposes of paragraph (1)(B)(ii), the Secretary may not make a grant under this part unless, subject to paragraph (5), the applicant for the grant agrees that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in the case of individuals with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the applicant will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of individuals with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the applicant will not, for any calendar year, impose charges in an <page identifier="/us/stat/104/613">104 STAT. 613</page>amount exceeding 7 percent of the annual gross income of the individual involved; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>in the case of individuals with an income greater than 300 percent of the official poverty line, the applicant will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Assessment of charge</inline>.—</heading> <chapeau>With respect to compliance with the agreement made under paragraph (1), a grantee under this part may, in the case of individuals subject to a charge for purposes of such paragraph—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of services, subject to the provisions of such paragraph regarding public schedules and of paragraph (2) regarding limitations on the maximum amount of charges; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Applicability of limitation on amount of charge</inline>.—</heading> <content>The Secretary may not make a grant under this part unless the applicant for the grant agrees that the limitations established in paragraph (2) regarding the imposition of charges for services applies to the annual aggregate of charges imposed for such services, without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or similar charges.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Waiver regarding certain secondary agreements</inline>.—</heading> <content>The requirement established in paragraph (1)(B)(i) shall be waived by the Secretary in the case of any entity for whom the Secretary has granted a waiver under section 2642(b) or 2652(b)(2).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Relationship to Items and Services Under Other Programs</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that, subject to paragraph (2), the grant will not be expended by the applicant, or by any entity receiving amounts from the applicant for the provision of early intervention services, to make payment for any such service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such service—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>by an entity that provides health services on a prepaid basis.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Applicability to certain secondary agreements for provision of services</inline>.—</heading> <content>An agreement made under paragraph (1) shall not apply in the case of an entity through which a grantee under this part provides early intervention services if the Secretary has provided a waiver under section 2642(b) or 2652(b)(2) regarding the entity.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Administration of Grant</inline>.—</heading> <chapeau>The Secretary may not make a grant under this part unless the applicant for the grant agrees that—</chapeau> <page identifier="/us/stat/104/614">104 STAT. 614</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the applicant will not expend amounts received pursuant to this part for any purpose other than the purposes described in the subpart under which the grant involved is made;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the applicant will establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the applicant will not expend more than 5 percent of the grant for administrative expenses with respect to the grant.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <heading class="inline"><inline class="smallCaps">Construction</inline>.—</heading> <content>A State may not use amounts received under a grant awarded under section 2641 to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services.</content> </subsection> </section> <section> <num value="2665">“SEC. 2665. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–65">42 USC 300ff–65</ref>.</p></sidenote> <heading class="inline">REQUIREMENT OF SUBMISSION OF APPLICATION CONTAINING CERTAIN AGREEMENTS AND ASSURANCES.</heading> <chapeau>“The Secretary may not make a grant under this part unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an application for the grant is submitted to the Secretary containing agreements and assurances in accordance with this part and containing the information specified in section 2664(a)(1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part.</content> </paragraph> </section> <section> <num value="2666">“SEC. 2666. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–66">42 USC 300ff–66</ref>.</p></sidenote> <heading class="inline">PROVISION BY SECRETARY OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Upon the request of a grantee under this part, the Secretary may, subject to subsection (b), provide supplies, equipment, and services for the purpose of aiding the grantee in providing early intervention services and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>With respect to a request described in subsection (a), the Secretary shall reduce the amount of payments under the grant involved by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.</content> </subsection> </section> <section> <num value="2667">“SEC. 2667. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–67">42 USC 300ff–67</ref>.</p></sidenote> <heading class="inline">USE OF FUNDS.</heading> <chapeau>“Counseling programs carried out under this part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>shall not be designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p></sidenote> <content>shall be designed to reduce exposure to and transmission of HIV disease by providing accurate information; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Sexual activities.</p><p class="indent0 firstIndent0 fontsize8">Drugs and drug abuse.</p></sidenote> <content class="inline">shall provide information on the health risks of promiscuous sexual activity and intravenous drug abuse.”.</content> </paragraph> </section> </subpart> </part> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Revision, Extension, and Transfer of Program of Prison Testing Act of 1988</inline>.—</heading> <page identifier="/us/stat/104/615">104 STAT. 615</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Transfer of program</inline>.—</heading> <chapeau>Section 902 of Public Law 100–607—<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ee–6/300ff–48">42 USC 300ee–6, 300ff–48</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is transferred to part C of title XXVI of the Public Health Service Act, as added by subsection (a) of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>is redesignated as section 2648; and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–48">42 USC 300ff–48</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>is inserted after section 2647 of such part C.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Extension of authorization of appropriations for program</inline>.—</heading> <content>Section 2648(g) of the Public Health Service Act, as transferred and added by paragraph (1) of this subsection, is amended by striking “<quotedText>1990</quotedText>” and inserting “<quotedText>1995</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Revision of program</inline>.—</heading> <content>Section 2648 of the Public Health <sidenote><p class="indent0 firstIndent0 fontsize8">Prisoners.</p></sidenote>Service Act, as transferred and added by paragraph (1) of this subsection, is amended by striking subsections (a) through (f) and inserting the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>In addition to grants under section 2641, the Secretary may make grants to States for the purpose of assisting the States in providing early intervention services to individuals sentenced by the State to a term of imprisonment. The Secretary may make such a grant only if the State involved requires, subject to subsection (d), that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the services be provided to such individuals; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>each such individual be informed of the requirements of subsection (c) regarding testing and be informed of the results of such testing of the individual.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirement of Matching Funds</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The Secretary may not make a grant under subsection (a) unless the State involved agrees that, with respect to the costs to be incurred by the State in carrying out the purpose described in such subsection, the State will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for the first fiscal year of payments under the grant, not less than $1 for each $2 of Federal funds provided in the grant; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for any subsequent fiscal year of such payments, not less than $1 for each $1 of Federal funds provided in the grant.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Determination of amount of non-federal contribution</inline>.—</heading> <content>Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and services (or portions of services) subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Testing</inline>.—</heading> <chapeau>The Secretary may not make a grant under subsection (a) unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">the State involved requires that, subject to subsection (d), any individual sentenced by the State to a term of imprisonment be tested for HIV disease—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>upon entering the State penal system; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>during the 30-day period preceding the date on which the individual is released from such system;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">with respect to informing employees of the penal system of the results of such testing of the individual, the State—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>upon the request of any such employee, provides the results to the employee in any case in which the medical <page identifier="/us/stat/104/616">104 STAT. 616</page>officer of the prison determines that there is a reasonable basis for believing that the employee has been exposed by the individual to such disease; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>informs the employees of the availability to the employees of such results under the conditions described in subparagraph (A);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline">with respect to informing the spouse of the individual of the results of such testing of the individual, the State—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>upon the request of the spouse, provides such results to the spouse prior to any conjugal visit and provides such results to the spouse during the period described in paragraph (1)(B); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>informs the spouse of the availability to the spouse of such results under the conditions described in subparagraph (A);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">with respect to such testing upon entering the State penal system of such an individual who has been convicted of rape or aggravated sexual assault, the State—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>upon the request of the victim of the rape or assault, provides such results to the victim; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>informs the victim of the availability to the victim of such results; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Classified information.</p></sidenote> <content>the State, except as provided in any of paragraphs (2) through (4), maintains the confidentiality of the results of testing for HIV disease in each prison operated by the State or with amounts provided by the State, and makes disclosures of such results only as medically necessary.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Determination of Prisons Subject to Requirement</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the State involved agrees that the requirement established in such subsection regarding the provision of early intervention services to inmates will apply only to in-mates who are incarcerated in prisons with respect to which the State public health officer, after consultation with the chief State correctional officer, has, on the basis of the criteria described in paragraph (2), determined that the provision of such services is appropriate with respect to the public health and safety.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Description of criteria</inline>.—</heading> <chapeau>The criteria to be considered for purposes of paragraph (1) are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">with respect to the geographic areas in which in-mates of the prison involved resided before incarceration in the prison—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the severity of the epidemic of HIV disease in the areas during the period in which the inmates resided in the areas; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the incidence, in the areas during such period, of behavior that places individuals at significant risk of developing HIV disease; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the extent to which medical examinations conducted by the State for inmates of the prison involved indicate that the inmates have engaged in such behavior.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Applicability of Provisions Regarding Informed consent, Counseling, and Other Matters</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the State involved agrees that sections 2641(b)(4), 2662, and 2664(c) will apply to the provision of early intervention services pursuant to the grant in the same <page identifier="/us/stat/104/617">104 STAT. 617</page>manner and to the same extent as such sections apply to the provision of such services by grantees under section 2641.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Requirement of Application</inline>.—</heading> <content class="inline">The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Rule of Construction</inline>.—</heading> <content>With respect to testing inmates of State prisons for HIV disease without the consent of the inmates, the agreements made under this section may not be construed to authorize, prohibit, or require any State to conduct such testing, except as provided in subparagraphs (A) and (B) of subsection (c)(1).”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Technical Amendments</inline>.—</heading> <content>Section 2648 of the Public Health Service Act, as transferred and added by paragraph (1) of this subsection, is amended by striking the heading and inserting the following: “<quotedText>TESTING AND OTHER EARLY INTERVENTION SERVICES FOR STATE PRISONERS.</quotedText>”.</content> </paragraph> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">GENERAL PROVISIONS, REPORTS AND EVALUATIONS</heading> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">General Provisions</heading> <section> <num value="401">SEC. 401. </num> <heading class="inline">GENERAL PROVISIONS.</heading> <content>Title XXVI of the Public Health Service Act (as added by section 101 and amended by sections 201 and 301) is further amended by adding at the end thereof the following new part: <quotedContent> <part> <num value="D"><inline class="smallCaps">“Part</inline> D—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <num value="2671">“SEC. 2671. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–71">42 USC 300ff–71</ref>.</p></sidenote> <heading class="inline">DEMONSTRATION GRANTS FOR RESEARCH AND SERVICES FOR PEDIATRIC PATIENTS REGARDING ACQUIRED IMMUNE DEFICIENCY SYNDROME.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary, acting through the Administrator <sidenote><p class="indent0 firstIndent0 fontsize8">Health care facilities.</p></sidenote>of the Health Resources and Services Administration and the Director of the National Institutes of Health, shall make demonstration grants to community health centers, and other appropriate public or nonprofit private entities that provide primary health care to the public, for the purpose of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>conducting, at the health facilities of such entities, clinical <sidenote><p class="indent0 firstIndent0 fontsize8">Women.</p></sidenote>research on therapies for pediatric patients with HIV disease as well as pregnant women with HIV disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>with respect to the pediatric patients who participate in such research, providing health care on an outpatient basis to such patients and the families of such patients.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Minimum Qualifications of Grantees</inline>.—</heading> <content>The Secretary may <sidenote><p class="indent0 firstIndent0 fontsize8">Women.</p></sidenote>not make a grant under subsection (a) unless the health facility operated by the applicant for the grant serves a significant number of pediatric patients and pregnant women with HIV disease.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Cooperation With Biomedical Institutions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Design of research protocol</inline>.—</heading> <chapeau>The Secretary may not make a grant under subsection (a) unless the applicant for the grant—</chapeau> <page identifier="/us/stat/104/618">104 STAT. 618</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has entered into a cooperative agreement or contract with an appropriately qualified entity with expertise in biomedical research under which the entity will assist the applicant in designing and conducting a protocol for the research to be conducted pursuant to the grant; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>agrees to provide the clinical data developed in the research to the Director of the National Institutes of Health.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Analysis and evaluation</inline>.—</heading> <chapeau>The Secretary, acting through the Director of the National Institutes of Health—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>may assist grantees under subsection (a) in designing and conducting protocols described in subparagraph (A) of paragraph (1); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>shall analyze and evaluate the data submitted to the Director pursuant to subparagraph (B) of such paragraph.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Case Management</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to provide for the case management of the pediatric patient involved and the family of the patient.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Referrals for Additional Services</inline>.—</heading> <chapeau>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to provide for the pediatric patient involved and the family of the patient—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>referrals for inpatient hospital services, treatment for substance abuse, and mental health services; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>referrals for other social and support services, as appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Incidental Services</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to provide the family of the pediatric patient involved with such transportation, child care, and other incidental services as may be necessary to enable the pediatric patient and the family of the patient to participate in the program established by the applicant pursuant to such subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Application</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Evaluations</inline>.—</heading> <content>The Secretary shall, directly or through contracts with public and private entities, provide for evaluations of programs carried out pursuant to subsection (a).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <heading class="inline"><inline class="smallCaps">Definition</inline>.—</heading> <content class="inline">For purposes of this section, the term ‘community health center’ has the meaning given such term in section 330(a).</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading><content>For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1995.</content> </subsection> </section> <section> <num value="2672">“SEC. 2672. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–72">42 USC 300ff–72</ref>.</p></sidenote> <heading class="inline">PROVISIONS RELATING TO BLOOD BANKS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Informational and Training Programs</inline>.—</heading> <chapeau>The Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Safety.</p></sidenote> <chapeau>develop and make available to technical and supervisory personnel employed at blood banks and facilities that produce blood products, materials and information concerning measures that may be implemented to protect the safety of the blood <page identifier="/us/stat/104/619">104 STAT. 619</page>supply with respect to the activities of such personnel, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>state-of-the-art diagnostic and testing procedures relating to pathogens in the blood supply; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>quality assurance procedures relating to the safety of the blood supply and of blood products; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>develop and implement a training program that is designed to increase the number of employees of the Department of Health and Human Services who are qualified to conduct inspections of blood banks and facilities that produce blood products.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Updates</inline>.—</heading> <content>The Secretary shall periodically review and update the materials and information made available under informational or training programs conducted under subsection (a).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to carry out this section, $1,500,000 for fiscal year 1991, and such sums as may be necessary in each of the fiscal years 1992 through 1995.</content> </subsection> </section> <section> <num value="2673">“SEC. 2673. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–73">42 USC 300ff–73</ref>.</p></sidenote> <heading class="inline">RESEARCH, EVALUATION, AND ASSESSMENT PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Establishment</inline>.—</heading> <chapeau>The Secretary, acting through the Agency for Health Care Policy and Research, shall establish a program to enable independent research to be conducted by individuals and organizations with appropriate expertise in the fields of health, health policy, and economics (particularly health care economics) to develop—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a comparative assessment of the impact and cost-effectiveness of major models for organizing and delivering HIV-related health care, mental health care, early intervention, and support services, that shall include a report concerning patient outcomes, satisfaction, perceived quality of care, and total cumulative cost, and a review of the appropriateness of such models for the delivery of health and support services to infants, children, women, and families with HIV disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>through a review of private sector financing mechanisms for the delivery of HIV-related health and support services, an assessment of strategies for maintaining private health benefits for individuals with HIV disease and an assessment of specific business practices or regulatory barriers that could serve to reduce access to private sector benefit programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>an assessment of the manner in which different pointsof-entry to the health care system affect the cost, quality, and outcome of the care and treatment of individuals and families with HIV disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>a summary report concerning the major and continuing<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> unmet needs in health care, mental health care, early intervention, and support services for individuals and families with HIV disease in urban and rural areas.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 2 years after the date of enactment of this title, and periodically thereafter, the Secretary shall prepare and submit, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a progress report that contains the findings and assessments developed under subsection (a).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1991 through 1995.</content> </subsection> </section> <page identifier="/us/stat/104/620">104 STAT. 620</page> <section> <num value="2674">“SEC. 2674. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–74">42 USC 300ff–74</ref>.</p></sidenote> <heading class="inline">EVALUATIONS AND REPORTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Evaluations</inline>.—</heading> <content>The Secretary shall, directly or through grants and contracts, evaluate programs carried out under this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Report to Congress</inline>.—</heading> <chapeau>The Secretary shall, not later than 1 year after the date on which amounts are first appropriated under this title, and annually thereafter, prepare and submit to the appropriate Committees of Congress a report—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>summarizing all of the reports that are required to be submitted to the Secretary under this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>recommending criteria to be used in determining the geographic areas with the most substantial need for HIV-related health services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>summarizing all of the evaluations carried out pursuant to subsection (a) during the period for which the report under this subsection is prepared; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1991 through 1995.</content> </subsection> </section> <section> <num value="2675">“SEC. 2675. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–75">42 USC 300ff–75</ref>.</p></sidenote> <heading class="inline">COORDINATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Requirement</inline>.—</heading> <content>The Secretary shall assure that the Health Resources and Services Administration and the Centers for Disease Control will coordinate the planning of the funding of programs authorized under this title to assure that health support services for individuals with HIV disease are integrated with each other and that the continuity of care of individuals with HIV disease is enhanced. In coordinating the allocation of funds made available under this title the Health Resources and Services Administration and the Centers for Disease Control shall utilize planning information submitted to such agencies by the States and entities eligible for support.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Integration by State</inline>.—</heading> <content>As a condition of receipt of funds under this title, a State shall assure the Secretary that health support services funded under this title will be integrated with each other, that programs will be coordinated with other available programs (including Medicaid) and that the continuity of care of individuals with HIV disease is enhanced.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Integration by Local or Private Entities</inline>.—</heading> <content>As a condition of receipt of funds under this title, a local government or private nonprofit entity shall assure the Secretary that services funded under this title will be integrated with each other, that programs will be coordinated with other available programs (including Medic-aid) and that the continuity of care of individuals with HIV is enhanced.</content> </subsection> </section> <section> <num value="2676">“SEC. 2676. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–76">42 USC 300ff–76</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>“For purposes of this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Counseling</inline>.—</heading> <content>The term ‘counseling’ means such counseling provided by an individual trained to provide such counseling.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Designated officer of emergency response employees</inline>.—</heading> <content>The term ‘designated officer of emergency response employees’ means an individual designated under section 26 by the public health officer of the State involved.</content> </paragraph> <page identifier="/us/stat/104/621">104 STAT. 621</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Emergency</inline>.—</heading> <content>The term ‘emergency’ means an emergency involving injury or illness.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Emergency response employee</inline>.—</heading> <content>The term ‘emergency response employees’ means firefighters, law enforcement officers, paramedics, emergency medical technicians, and other individuals (including employees of legally organized and recognized volunteer organizations, without regard to whether such employees receive nominal compensation) who, in the course of professional duties, respond to emergencies in the geographic area involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Employer of emergency response employees</inline>.—</heading> <content>The term ‘employer of emergency response employees’ means an organization that, in the course of professional duties, responds to emergencies in the geographic area involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <heading class="inline"><inline class="smallCaps">Exposed</inline>.—</heading> <content>The term ‘exposed’, with respect to HIV disease or any other infectious disease, means to be in circumstances in which there is a significant risk of becoming infected with the etiologic agent for the disease involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <heading class="inline"><inline class="smallCaps">Families with hiv disease</inline>.—</heading> <content>The term ‘families with HIV disease’ means families in which one or more members have HIV disease.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <heading class="inline">HIV.—</heading> <content>The term ‘HIV’ means infection with the etiologic agent for acquired immune deficiency syndrome.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <heading class="inline">HIV <inline class="smallCaps">disease</inline>.—</heading> <content>The term ‘HIV disease’ means infection with the etiologic agent for acquired immune deficiency syndrome, and includes any condition arising from such syndrome.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <heading class="inline"><inline class="smallCaps">Official poverty line</inline>.—</heading> <content>The term ‘official poverty line’ means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(a) of the Omnibus Budget Reconciliation Act of 1981.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <heading class="inline"><inline class="smallCaps">Person</inline>.—</heading> <content>The term ‘person’ includes one or more individuals, governments (including the Federal Government and the governments of the States), governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, receivers, trustees, and trustees in cases under title 11, United States Code.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <heading class="inline"><inline class="smallCaps">State</inline>.—</heading> <content>The term ‘State’, except as otherwise specifically provided, means each of the 50 States, the District of Columbia, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Republic of the Marshall Islands.”.</content> </paragraph> </section> </part> </quotedContent> </content> </section> <section> <num value="402">SEC. 402. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–46">42 USC 300ff–46 note</ref>.</p></sidenote> <heading class="inline">STUDY REGARDING PARTNER NOTIFICATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary shall conduct a study of programs of HIV partner notification for the purpose of determining—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the case of individuals who have been notified under such programs, the percentage of such individuals who undergo counseling and testing regarding HIV disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the case of such individuals who have undergone HIV testing, the number of such individuals determined through such tests to have HIV disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the extent to which such programs have, in the case of such individuals, resulted in behavioral changes that are effec-<page identifier="/us/stat/104/622">104 STAT. 622</page>tive regarding the prevention of exposure to, and the transmission of, HIV disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the extent to which such programs represent a cost effective use of available HIV-related resources.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall complete the study required under subsection (a) and prepare and submit, to the appropriate committees of Congress, a report describing the findings made as a result of such study.</content> </subsection> </section> <section> <num value="403">SEC. 403. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–ll">42 USC 300ff–ll note</ref>.</p></sidenote> <heading class="inline">STUDY REGARDING HIV DISEASE IN RURAL AREAS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Secretary of Health and Human Services, after consultation with the Director of the Office of Rural Health Policy, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conduct a study for the purpose of estimating the incidence and prevalence in rural areas of cases of acquired immune deficiency syndrome and cases of infection with the etiologic agent for such syndrome; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in carrying out such study, determine the adequacy in rural areas of services for diagnosing such cases and providing treatment for such cases that are in the early stages of infection.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete the study required under subsection (a) and prepare and submit, to the appropriate committees of Congress a report describing the findings made as a result of such study.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1991 through 1995.</content> </subsection> </section> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Emergency Response Employees</heading> <section> <num value="411">SEC. 411. </num> <heading class="inline">ESTABLISHMENT OF PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Title XXVI of the Public Health Service Act (as amended by section 401) is further amended by adding at the end the following new part: <quotedContent> <part> <num value="E"><inline class="smallCaps">“Part</inline> E—</num> <heading class="inline"><inline class="smallCaps">Emergency Response Employees</inline></heading> <subpart> <num value="I"><inline class="smallCaps">“Subpart</inline> I—</num> <heading class="inline"><inline class="smallCaps">Guidelines and Model Curriculum</inline></heading> <section> <num value="2680">“SEC. 2680. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–80">42 USC 300ff–80</ref>.</p></sidenote> <heading class="inline">GRANTS FOR IMPLEMENTATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>With respect to the recommendations contained in the guidelines and the model curriculum developed under section 253 of Public Law 100–607, the Secretary shall make grants to States and political subdivisions of States for the purpose of assisting grantees regarding the initial implementation of such portions of the recommendations as are applicable to emergency response employees.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirement of Application</inline>.—</heading> <content>The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.</content> </subsection> <page identifier="/us/stat/104/623">104 STAT. 623</page> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1991 through 1995.</content> </subsection> </section> </subpart> <subpart> <num value="II"><inline class="smallCaps">“Subpart</inline> II—</num> <heading class="inline"><inline class="smallCaps">Notifications of Possible Exposure to Infectious Diseases</inline></heading> <section> <num value="2681">“SEC. 2681. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s42 USC 300ff–81">42 USC 300ff–81</ref>.</p></sidenote> <heading class="inline">INFECTIOUS DISEASES AND CIRCUMSTANCES RELEVANT TO NOTIFICATION REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Not later than 180 days after the date of the enactment of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, the Secretary shall complete the development of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a list of potentially life-threatening infectious diseases to which emergency response employees may be exposed in responding to emergencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>guidelines describing the circumstances in which such employees may be exposed to such diseases, taking into account the conditions under which emergency response is provided; and “(3) guidelines describing the manner in which medical facilities should make determinations for purposes of section 2683(d).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Specification of Airborne Infectious Diseases</inline>.—</heading> <content>The list developed by the Secretary under subsection (a)(1) shall include a specification of those infectious diseases on the list that are routinely transmitted through airborne or aerosolized means.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Dissemination</inline>.—</heading> <chapeau>The Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>transmit to State public health officers copies of the list and guidelines developed by the Secretary under subsection (a) with the request that the officers disseminate such copies as appropriate throughout the States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>make such copies available to the public.<sidenote><p class="indent0 firstIndent0 fontsize8">Public information.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–82">42 USC 300ff–82</ref>.</p></sidenote></content> </paragraph> </subsection> </section> <section> <num value="2682">“SEC. 2682. </num> <heading class="inline">ROUTINE NOTIFICATIONS WITH RESPECT TO AIRBORNE INFECTIOUS DISEASES IN VICTIMS ASSISTED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Routine Notification of Designated Officer</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Determination by treating facility</inline>.—</heading> <content>If a victim of an emergency is transported by emergency response employees to a medical facility and the medical facility makes a determination that the victim has an airborne infectious disease, the medical facility shall notify the designated officer of the emergency response employees who transported the victim to the medical facility of the determination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Determination by facility ascertaining cause of death</inline>.—</heading> <content>If a victim of an emergency is transported by emergency response employees to a medical facility and the victim dies at or before reaching the medical facility, the medical facility ascertaining the cause of death shall notify the designated officer of the emergency response employees who transported the victim to the initial medical facility of any determination by the medical facility that the victim had an airborne infectious disease.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirement of Prompt Notification</inline>.—</heading> <content>With respect to a determination described in paragraph (1) or (2), the notification required in each of such paragraphs shall be made as soon as is practicable, but not later than 48 hours after the determination is made.</content> </subsection> </section> <page identifier="/us/stat/104/624">104 STAT. 624</page> <section> <num value="2683">“SEC. 2683. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–83">42 USC 300ff–83</ref>.</p></sidenote> <heading class="inline">REQUEST FOR NOTIFICATIONS WITH RESPECT TO VICTIMS ASSISTED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Initiation of Process by Employee</inline>.—</heading> <content>If an emergency response employee believes that the employee may have been ex-posed to an infectious disease by a victim of an emergency who was transported to a medical facility as a result of the emergency, and if the employee attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the employee shall, upon the request of the employee, carry out the duties described in subsection (b) regarding a determination of whether the employee may have been exposed to an infectious disease by the victim.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Initial Determination by Designated Officer</inline>.—</heading> <chapeau>The duties referred to in subsection (a) are that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), the employee involved may have been exposed to an infectious disease; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the designated officer evaluate such facts and make a determination of whether, if the victim involved had any infectious disease included on the list issued under paragraph (1) of section 2681(a), the employee would have been exposed to the disease under such facts, as indicated by the guidelines issued under paragraph (2) of such section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Submission of Request to Medical Facility</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>If a designated officer makes a determination under subsection (b)(2) that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which the victim involved was transported a request for a response under subsection (d) regarding the victim of the emergency involved.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Form of request</inline>.—</heading> <content>A request under paragraph (1) shall be in writing and be signed by the designated officer involved, and shall contain a statement of the facts collected pursuant to subsection (b)(1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Evaluation and Response Regarding Request to Medical Facility</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and make a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was exposed to an infectious disease included on the list issued under paragraph (1) of section 2681(a), as indicated by the guidelines issued under paragraph (2) of such section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Notification of exposure</inline>.—</heading> <content>If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the designated officer who submitted the request under subsection (c) of the determination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Finding of no exposure</inline>.—</heading> <content>If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infectious disease, <page identifier="/us/stat/104/625">104 STAT. 625</page>the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Insufficient information</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <clause class="inline"> <num value="i">(i) </num> <content>If a medical facility finds in making a determination under paragraph (1) that the facility possesses no information on whether the victim involved has an infectious disease included on the list under section 2681(a), the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information.</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Time for Making Response</inline>.—</heading> <content>After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 48 hours after receiving the request.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Death of Victim of Emergency</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Facility ascertaining cause of death</inline>.—</heading> <content>If a victim described in subsection (a) dies at or before reaching the medical facility involved, and the medical facility receives a request under subsection (c), the medical facility shall provide a copy of the request to the medical facility ascertaining the cause of death of the victim, if such facility is a different medical facility than the facility that received the original request.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Responsibility of facility</inline>.—</heading> <content>Upon the receipt of a copy of a request for purposes of paragraph (1), the duties otherwise established in this subpart regarding medical facilities shall apply to the medical facility ascertaining the cause of death of the victim in the same manner and to the same extent as such duties apply to the medical facility originally receiving the request.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Assistance of Public Health Officer</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Evaluation of response of medical facility regarding insufficient facts</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>In the case of a request under subsection (c) to which a medical facility has made the response specified in subsection (d)(4)(A) regarding the insufficiency of facts, the public health officer for the community in which the medical facility is located shall evaluate the request and the response, if the designated officer involved submits such documents to the officer with the request that the officer make such an evaluation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>As soon as is practicable after a public health officer receives a request under paragraph (1), but not later than 48 hours after receipt of the request, the public health officer shall complete the evaluation required in such para-<page identifier="/us/stat/104/626">104 STAT. 626</page>graph and inform the designated officer of the results of the evaluation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Findings of evaluation</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">If an evaluation under paragraph (1)(A) indicates that the facts provided to the medical facility pursuant to subsection (c) were sufficient for purposes of determinations under subsection (d)(1)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the medical facility shall provide to the designated officer the applicable response specified in subsection (d).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">If an evaluation under paragraph (1)(A) indicates that the facts provided in the request to the medical facility were insufficient for purposes of determinations specified in subsection (c)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the public health officer shall provide advice to the designated officer regarding the collection and description of appropriate facts; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">if sufficient facts are obtained by the designated officer—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>the medical facility shall provide to the designated officer the appropriate response under subsection (c).</content> </subclause> </clause> </subparagraph> </paragraph> </subsection> </section> <section> <num value="2684">“SEC. 2684. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Health care facilities.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–84">42 USC 300ff–84</ref>.</p></sidenote> <heading class="inline">PROCEDURES FOR NOTIFICATION OF EXPOSURE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Contents of Notification to Officer</inline>.—</heading> <chapeau>In making a notification required under section 2682 or section 2683(d)(2), a medical facility shall provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the name of the infectious disease involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the date on which the victim of the emergency involved was transported by emergency response employees to the medical facility involved.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Manner of Notification</inline>.—</heading> <chapeau>If a notification under section 2682 or section 2682(d)(2) is mailed or otherwise indirectly made—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the medical facility sending the notification shall, upon sending the notification, inform the designated officer to whom the notification is sent of the fact that the notification has been sent; and</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such designated officer shall, not later than 10 days after being informed by the medical facility that the notification has been sent, inform such medical facility whether the designated officer has received the notification.</content> </paragraph> </subsection> </section> <section> <num value="2685">“SEC. 2685. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–85">42 USC 300ff–85</ref>.</p></sidenote> <heading class="inline">NOTIFICATION OF EMPLOYEE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>After receiving a notification for purposes of section 2682 or 2683(d)(2), a designated officer of emergency response employees shall, to the extent practicable, immediately notify each of such employees who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>responded to the emergency involved; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>as indicated by guidelines developed by the Secretary, may have been exposed to an infectious disease.</content> </paragraph> </subsection> <page identifier="/us/stat/104/627">104 STAT. 627</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Certain Contents of Notification to Employee</inline>.—</heading> <chapeau>A notification under this subsection to an emergency response employee shall inform the employee of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the fact that the employee may have been exposed to an infectious disease and the name of the disease involved;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>any action by the employee that, as indicated by guide-lines developed by the Secretary, is medically appropriate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>if medically appropriate under such criteria, the date of such emergency.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Responses Other Than Notification of Exposure</inline>.—</heading> <content>After receiving a response under paragraph (3) or (4) of subsection (d) of section 2683, or a response under subsection (g)(1) of such section, the designated officer for the employee shall, to the extent practicable, immediately inform the employee of the response.</content> </subsection> </section> <section> <num value="2686">“SEC. 2686. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–86">42 USC 300ff–86</ref>.</p></sidenote> <heading class="inline">SELECTION OF DESIGNATED OFFICERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>For the purposes of receiving notifications and responses and making requests under this subpart on behalf of emergency response employees, the public health officer of each State shall designate 1 official or officer of each employer of emergency response employees in the State.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Preference in Making Designations</inline>.—</heading> <content>In making the designations required in subsection (a), a public health officer shall give preference to individuals who are trained in the provision of health care or in the control of infectious diseases.</content> </subsection> </section> <section> <num value="2687">“SEC. 2687. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–87">42 USC 300ff–87</ref>.</p></sidenote> <heading class="inline">LIMITATIONS WITH RESPECT TO DUTIES OF MEDICAL FACILITIES.</heading> <chapeau>“The duties established in this subpart for a medical facility—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>shall apply only to medical information possessed by the facility during the period in which the facility is treating the victim for conditions arising from the emergency, or during the 60-day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period expires first; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>shall not apply to any extent after the expiration of the 30-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any request under section 2683(c) received by a medical facility before the expiration of such 30-day period.</content> </paragraph> </section> <section> <num value="2688">“SEC. 2688. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–88">42 USC 300ff–88</ref>.</p></sidenote> <heading class="inline">RULES OF CONSTRUCTION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Liability of Medical Facilities and Designated Officers</inline>.—</heading> <content>This subpart may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, or any designated officer, for failure to comply with the duties established in this subpart.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Testing</inline>.—</heading> <content>This subpart may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Confidentiality</inline>.—</heading> <content>This subpart may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.</content> </subsection> <page identifier="/us/stat/104/628">104 STAT. 628</page> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Failure to Provide Emergency Services</inline>.—</heading> <content>This subpart may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency.</content> </subsection> </section> <section> <num value="2689">“SEC. 2689. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–89">42 USC 300ff–89</ref>.</p></sidenote> <heading class="inline">INJUNCTIONS REGARDING VIOLATION OF PROHIBITION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>The Secretary may, in any court of competent jurisdiction, commence a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to any violation of this subpart.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Facilitation of Information on Violations</inline>.—</heading> <content>The Secretary shall establish an administrative process for encouraging emergency response employees to provide information to the Secretary regarding violations of this subpart. As appropriate, the Secretary shall investigate alleged such violations and seek appropriate injunctive relief.</content> </subsection> </section> <section> <num value="2690">“SEC. 2690. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–90">42 USC 300ff–90</ref>.</p></sidenote> <heading class="inline">APPLICABILITY OF SUBPART.</heading> <content>“This subpart shall not apply in a State if the chief executive officer of the State certifies to the Secretary that the law of the State is in substantial compliance with this subpart.”.</content> </section> </subpart> </part> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–80">42 USC 300ff–80 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>Sections 2680 and 2681 of part E of title XXVI of the Public Health Service Act, as added by subsection (a) of this section, shall take effect upon the date of the enactment of this Act. Such part shall otherwise take effect upon the expiration of the 30-day period beginning on the date on which the Secretary issues guidelines under section 2681(a).</content> </subsection> </section> </subtitle> <subtitle> <num value="C">Subtitle C—</num> <heading class="inline">Miscellaneous Provisions</heading> <section> <num value="421">SEC. 421. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300x–4">42 USC 300x–4 note</ref>.</p></sidenote> <heading class="inline">ADAMHA IV DRUG ABUSE WAIVER.</heading> <content>Any State that received a waiver under section 1916(C)(7) of the Public Health Service Act (42 U.S.C. 300x-4(a)(7)) of $100,000 or less for fiscal year 1989 shall be granted a waiver under such section for fiscal years 1990 and 1991.</content> </section> <section> <num value="422">SEC. 422. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s300ff–l">42 USC 300ff–l</ref>.</p></sidenote> <heading class="inline">PROHIBITION ON USE OF FUNDS.</heading> <content>None of the funds made available under this Act, or an amendment made by this Act, shall be used to provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs.</content> </section> </subtitle> Approved August 18, 1990.
LEGISLATIVE HISTORY—S. 2240 (H.R. 4785): HOUSE REPORTS: No. 101—511 accompanying H.R. 4785 (Comm, on Energy and Commerce) and No. 101—652 (Comm, of Conference). SENATE REPORTS: No. 101–273 (Comm, on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

May 15, 16, considered and passed Senate.

June 13, H.R. 4785 considered and passed House; S. 2240, amended, passed in lieu.

Aug. 3, House receded and agreed to conference report.

Aug. 4, Senate agreed to conference report.

 Public Law 101–382: To make miscellaneous and technical changes to various trade laws. Public Law 382 Public Law 101–382 104 Stat. 629 1990-08-20 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 2025-06-19 101 2 public 104 STAT. 629 Public Law 101–382 101st Congress
An Act To make miscellaneous and technical changes to various trade laws.

Aug. 20, 1990

[H.R. 1594]

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

Customs and Trade Act of 1990.

Exports.

Imports.

19 USC 2101 note.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.— This Act may be cited as the “Customs and Trade Act of 1990”. (b) Table of Contents.— Sec. 1. TITLE I— Subtitle A— Sec. 101. Sec. 102. Sec. 103. Subtitle B— Sec. 111. Sec. 112. Sec. 113. Sec. 114. Sec. 115. Subtitle C— Sec. 121. Sec. 122. Sec. 123. Sec. 124. Subtitle D— Sec. 131. Sec. 132. Sec. 133. Sec. 134. Sec. 135. Sec. 136. Sec. 137. Sec. 138. Sec. 139. Sec. 140. Sec. 141. Sec. 142. 104 STAT. 630 TITLE II— Subtitle A— Sec. 201. Sec. 202. Subtitle B— part 1— Sec. 211. Sec. 212. Sec. 213. Sec. 214. Sec. 215. Sec. 216. part 2— Sec. 221. Sec. 222. Sec. 223. Sec. 224. Sec. 225. Sec. 226. Sec. 227. Subtitle C— Sec. 231. Sec. 232. Sec. 233. Subtitle D— Sec. 241. Sec. 242. Sec. 243. TITLE III— Sec. 301. Subtitle A— part 1— Sec. 311. Sec. 312. Sec. 313. Sec. 314. Sec. 315. Sec. 316. Sec. 317. Sec. 318. Sec. 319. Sec. 320. Sec. 321. Sec. 322. Sec. 323. Sec. 324. Sec. 325. Sec. 326. Sec. 327. Sec. 328. Sec. 329. Sec. 330. Sec. 331. Sec. 332. Sec. 333. 104 STAT. 631 Sec. 334. Sec. 335. Sec. 336. Sec. 337. Sec. 338. Sec. 339. Sec. 340. Sec. 341. Sec. 342. Sec. 343. Sec. 344. Sec. 345. Sec. 346. Sec. 347. Sec. 348. Sec. 349. Sec. 350. Sec. 351. Sec. 352. Sec. 353. Sec. 354. Sec. 355. Sec. 356. Sec. 357. Sec. 358. Sec. 359. Sec. 360. Sec. 361. Sec. 362. Sec. 363. Sec. 364. Sec. 365. Sec. 366. Sec. 367. Sec. 368. Sec. 369. Sec. 370. Sec. 371. Sec. 372. Sec. 373. Sec. 374. Sec. 375. Sec. 376. Sec. 377. Sec. 378. Sec. 379. Sec. 380. Sec. 381. Sec. 382. Sec. 383. Sec. 384. Sec. 385. Sec. 386. Sec. 387. Sec. 388. Sec. 389. Sec. 390. Sec. 391. Sec. 392. Sec. 393. Sec. 394. Sec. 395. Sec. 396. Sec. 397. Sec. 398. Sec. 399. Sec. 400. Sec. 401. Sec. 402. Sec. 403. Sec. 404. 104 STAT. 632 Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. Sec. 411 Sec. 411B. Sec. 411C. Sec. 411D. Sec. 412. Sec. 413. Sec. 414. Sec. 415. Sec. 416. Sec. 417. Sec. 418. Sec. 419. Sec. 420. Sec. 421. Sec. 422. Sec. 423. Sec. 424. Sec. 425. Sec. 426. Sec. 427. Sec. 428. Sec. 429. Sec. 430. Sec. 431. Sec. 432. Sec. 433. Sec. 434. Sec. 435. Sec. 436. Sec. 437. Sec. 438. Sec. 439. Sec. 440. Sec. 441. Sec. 442. Sec. 443. Sec. 444. Sec. 445. Sec. 446. Sec. 447. Sec. 448. Sec. 449. Sec. 450A. Sec. 450B. Sec. 450C. Sec. 450D. Sec. 450E. Sec. 450F. part 2— Sec. 461. Sec. 462. Sec. 463. Subtitle B— part 1— Sec. 471. 104 STAT. 633 Sec. 472. Sec. 473. Sec. 474. Sec. 475. Sec. 476. Sec. 477. Sec. 478. Sec. 479A. Sec. 479B. Sec. 479C. part 2— Sec. 481. Sec. 482. Sec. 483. Sec. 484. Sec. 484A. Sec. 484B. Sec. 484C. Sec. 484D. Sec. 484E. Sec. 484F. Sec. 484G. Sec. 484H. Sec. 4841. Sec. 484J. Sec. 484K. Sec. 484L. Sec. 484M. Sec. 485. TITLE IV— Sec. 487. Sec. 488. Sec. 489. Sec. 490. Sec. 491. Sec. 492. Sec. 493. Sec. 494. Sec. 495. Sec. 496. Sec. 497. Sec. 498. Sec. 499.
<num value="I">TITLE I—</num> <heading class="inline">TRADE AGENCY AUTHORIZATIONS, CUSTOMS USER FEES, AND OTHER PROVISIONS</heading> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">Trade Agency Authorizations for Fiscal Years 1991 and 1992</heading> <section> <num value="101">SEC. 101. </num> <heading class="inline">UNITED STATES INTERNATIONAL TRADE COMMISSION.</heading> <content>Section 330(e)(2) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows: <page identifier="/us/stat/104/634">104 STAT. 634</page> <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">There are authorized to be appropriated to the Commission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) not to exceed the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">$41,170,000 for fiscal year 1991.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">$44,052,000 for fiscal year 1992.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Not to exceed $2,500 of the amount authorized to be appropriated for any fiscal year under subparagraph (A) may be used, subject to the approval of the Chairman of the Commission, for reception and entertainment expenses.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>No part of any sum that is appropriated under the authority of subparagraph (A) may be used by the Commission in the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </section> <section> <num value="102">SEC. 102. </num> <heading class="inline">UNITED STATES CUSTOMS SERVICE.</heading> <content>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: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">For noncommercial operations</inline>.—</heading> <chapeau>There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in noncommercial operations not to exceed the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$516,217,000 for fiscal year 1991.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$542,091,000 for fiscal year 1992.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">For commercial operations</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in commercial operations not less than the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">$672,021,000 for fiscal year 1991.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">$705,793,000 for fiscal year 1992.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The monies authorized to be appropriated under subparagraph (A) for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the Customs Service that are incurred in connection with the processing of merchandise that is exempt from the fees imposed under section 13031(a) (9) and (10) of the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be appropriated from the Customs User Fee Account.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">For air interdiction</inline>.—</heading> <chapeau>There are authorized to be appropriated for the operation (including salaries and expenses) and maintenance of the air interdiction program of the Customs Service not to exceed the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$143,047,000 for fiscal year 1991.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$150,199,000 for fiscal year 1992.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="103">SEC. 103. </num> <heading class="inline">OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">There are authorized to be appropriated to the Office for the purposes of carrying out its functions not to exceed the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">$23,250,000 for fiscal year 1991.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">$21,077,000 for fiscal year 1992.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Of the amounts authorized to be appropriated under subparagraph (A) for any fiscal year—</chapeau> <page identifier="/us/stat/104/635">104 STAT. 635</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">not to exceed $98,000 may be used for entertainment and representation expenses of the Office;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">not to exceed $2,050,000 may be used to pay the United States share of the expenses of binational panels and extraordinary challenge committees convened pursuant to chapter 19 of the United States-Canada Free-Trade Agreement; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">not to exceed $1,000,000 shall remain available until expended.”.</content></clause> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Conforming Amendment</inline>.—</heading> <content>Section 406(b)(2) of the United States-Canada Free-Trade Agreement Act of 1988 (19 U.S.C. 2112 note) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The United States Trade Representative is authorized to transfer to any department or agency of the United States, from sums appropriated pursuant to the authorization provided under paragraph (1) or section 141(g)(1) of the Trade Act of 1974, such funds as may be necessary to facilitate the payment of the expenses described in paragraph (1).”.</content> </paragraph> </quotedContent> </content> </subsection> </section> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Customs User Fees</heading> <section> <num value="111">SEC. 111. </num> <heading class="inline">CUSTOMS USER FEES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Merchandise Processing Fees</inline>.—</heading> <content>Paragraphs (9) and (10) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a) (9) and (10)) are amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>For the processing of merchandise that is formally entered or released during any fiscal year, a fee, subject to the limitations in subsection (b)(8)(A), in an amount equal to 0.17 percent ad valorem.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <chapeau class="inline">For the processing of merchandise that is informally entered or released, other than at—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a centralized hub facility,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an express consignment carrier facility, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">a small airport or other facility to which section 236 of the Trade and Tariff Act of 1984 applies, a fee of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>$2 if the entry or release is automated and not prepared by customs personnel;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$5 if the entry or release is manual and not prepared by customs personnel; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>$8 if the entry or release, whether automated or manual, is prepared by customs personnel.</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">For provisions relating to the informal entry or release of merchandise at facilities referred to in subparagraphs (A), (B), and (C), see subsection (b)(9).”.</continuation> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Limitations on Fees</inline>.—</heading> <chapeau>Subsection (b) of section 13031 of such Act of 1985 (19 U.S.C. 58c(b)) is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subparagraph (B) of paragraph (1) is amended to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the arrival of any railroad car the journey of which <sidenote><p class="indent0 firstIndent0 fontsize8">Railroads.</p></sidenote>originates and terminates in the same country, but only if no passengers board or disembark from the train and no cargo is loaded or unloaded from such car while the car is within any country other than the country in which such car originates and terminates; or”.</content> </subparagraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Paragraph (8) is amended—</chapeau> <page identifier="/us/stat/104/636">104 STAT. 636</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by redesignating subparagraph (A) as subparagraph (D),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out subparagraph (B),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by inserting before subparagraph (D) (as redesignated by this paragraph) the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Subject to clause (ii), the fee charged under subsection (a)(9) for the formal entry or release of merchandise may not exceed $400 or be less than $21.</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>A surcharge of $3 shall be added to the fee determined after application of clause (i) for any manual entry or release of merchandise.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">No fee may be charged under subsection (a) (9) or (10) for the processing of any article that is—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>provided for under any item in chapter 98 of the Harmonized Tariff Schedule of the United States, except sub-heading 9802.00.60 or 9802.00.80,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>a product of an insular possession of the United States, or “(iii) a product of any country listed in subdivision (c)(ii)(B) or (c)(v) of general note 3 to such Schedule.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">For purposes of applying subsection (a) (9) or (10)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">expenses incurred by the Secretary of the Treasury in the processing of merchandise do not include costs incurred in—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>air passenger processing,</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>export control, or</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="III">“(III) </num> <content>international affairs, and</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">any reference to a manual entry or release includes—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>any entry or release filed by a broker or importer that requires the recording of cargo selectivity data by customs personnel, except when the recording of such data is required because of a temporary administrative or technical failure in the Customs Service automated commercial system that prevents the filing of entries or release in that system by brokers and importers that are certified by the Customs Service to do so; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>any entry or release filed by a broker or importer that is not certified by the Customs Service to file entries and releases in the Customs Service automated commercial system.”,</content> </subclause> </clause> </subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <chapeau class="inline">by amending subparagraph (D) (as redesignated by this paragraph)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking out “<quotedText>be based</quotedText>” in clause (ii) and inserting “<quotedText>except as otherwise provided in this paragraph, be based</quotedText>”,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of clause (iii),</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>by striking out the period at the end of clause (iv) and inserting “<quotedText>; and</quotedText>”, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>by inserting after clause (iv) the following new clause: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Agriculture and agricultural commodities.</p></sidenote> <content>in the case of agricultural products of the United States that are processed and packed in a foreign trade zone, be applied only to the value of material used to make the container for such merchandise, if such merchandise is subject to entry and the container is of a kind normally used for packing such merchandise.”, and</content> </clause> </quotedContent> </content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by adding at the end thereof the following new subparagraph: <page identifier="/us/stat/104/637">104 STAT. 637</page> <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <chapeau class="inline">For purposes of subsection (a) (9) and (10), merchandise is entered or released, as the case may be, if the merchandise is—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>permitted or released under section 448(b) of the Tariff Act of 1930,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>entered or released from customs custody under section 484(a)(1)(A) of the Tariff Act of 1930, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>withdrawn from warehouse for consumption.”.</content> </clause> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Paragraph (9) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">With respect to the processing of merchandise that is <sidenote><p class="indent0 firstIndent0 fontsize8">Aircraft and air carriers.</p><p class="indent0 firstIndent0 fontsize8">Airports.</p><p class="indent0 firstIndent0 fontsize8">Transportation.</p></sidenote>informally entered or released at a centralized hub facility, an express consignment carrier facility, or a small airport or other facility, the following reimbursements and payments are required:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">In the case of a centralized hub facility or small airport or other facility—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">the reimbursement which such facility is required to make during the fiscal year under section 9701 of title 31, United States Code or section 236 of the Trade and Tariff Act of 1984; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">an annual payment by the facility to the Secretary of the Treasury, which is in lieu of the payment of fees under subsection (a)(10) for such fiscal year, in an amount equal to the reimbursement under subclause (I).</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">In the case of an express consignment carrier facility—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">an amount, for which the Customs Service shall be reimbursed under section 524 of the Tariff Act of 1930, equal to the cost of the customs inspectional services provided by the Customs Service at the facility during the fiscal year; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">an annual payment by the facility to the Secretary of the Treasury, which is in lieu of the payment of fees under subsection (a)(10) for such fiscal year, in an amount equal to the reimbursement made under subclause (I).</content> </subclause> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>For purposes of this paragraph:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>The terms ‘centralized hub facility’ and ‘express consignment carrier facility’ have the respective meanings that are applied to such terms in part 128 of chapter I of title 19, Code of Federal Regulations, as in effect on July 30, 1990.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>The term ‘small airport or other facility’ means any airport or facility to which section 236 of the Tariff and Trade Act of 1984 applies.”.</content> </clause> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Paragraph (10) is amended by striking out “<quotedText>under subsection (a)(10)</quotedText>” and inserting “<quotedText>under subsection (a) (9) or (10)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The following new paragraph is added at the end: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>No fee may be charged under subsection (a) (9) or (10) with<sidenote><p class="indent0 firstIndent0 fontsize8">Israel.</p></sidenote> respect to products of Israel if an exemption with respect to the fee is implemented under section 112 of the Customs and Trade Act of 1990.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Disposition of Fees</inline>.—</heading> <chapeau>Subsection (f) of section 13031 of such Act of 1985 (19 U.S.C. 58c(f)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>All funds</quotedText>” in paragraph (2) and inserting in lieu thereof “<quotedText>Except as otherwise provided in this subsection, all funds</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending paragraph (3) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>The Secretary of the Treasury, in accordance with section 524 of the Tariff Act of 1930 and subject to subparagraph (B), shall directly reimburse, from the fees collected under subsection (a) (other than subsection (a) (9) or (10)), each appropriation for the <page identifier="/us/stat/104/638">104 STAT. 638</page>amount paid out of that appropriation for the costs incurred by the Secretary—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">in providing—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">inspectional overtime services, and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">all preclearance services for which the recipients of such services are not required to reimburse the Secretary of the Treasury, and</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">to the extent funds remain available to make reimbursements under clause (i), in providing salaries for full-time and part-time inspectional personnel and equipment that enhance customs services for those persons or entities that are required to pay fees under paragraphs (1) through (8) of subsection (a) (distributed on a basis proportionate to the fees collected under subsection (a)(1) through (a)(8)).</content></clause> <continuation class="indent0 firstIndent0 fontsize10">Funds described in clause (ii) shall only be available to reimburse costs in excess of the highest amount appropriated for such costs during the period beginning with fiscal year 1990 and ending with the current fiscal year.</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Reimbursement of appropriations under this paragraph—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau>except for costs described in subparagraph (A)(i) (I) and</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="II">(II) </num> <content>, shall be subject to apportionment or similar administrative practices;</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>shall be made at least quarterly; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>to the extent necessary, may be made on the basis of estimates made by the Secretary of the Treasury 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.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">For fiscal year 1991 and subsequent fiscal years, the amount required to fully reimburse inspectional overtime and preclearance costs shall be projected from actual requirements, and only the excess of collections over such projected costs for such fiscal year shall be used as provided in subparagraph (A)(ii).</content></clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">The excess of collections over inspectional overtime and preclearance costs (under subparagraph (A)(i)) reimbursed for fiscal years 1989 and 1990 shall be available in fiscal year 1991 and subsequent fiscal years for the purposes described in subparagraph (A)(ii), except that $30,000,000 of such excess shall remain without fiscal year limitation in a contingency fund and, in any fiscal year in which receipts are insufficient to cover the costs described in subparagraph (A) (i) and (ii), shall be used for—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the costs of providing the services described in paragraph (A)(i), and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>after the costs described in subclause (I) are paid, the costs of providing the personnel and equipment described in subparagraph (A)(ii) at the preceding fiscal year level.</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>At the close of each fiscal year, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives summarizing the expenditures, on a port-by-port basis, for which reimbursement has been provided under subparagraph (A)(ii).”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Enforcement Authority</inline>.—</heading> <chapeau>Subsection (g) of section 13031 of such Act of 1985 (19 U.S.C. 58c(g)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending the heading to read as follows: “<quotedText><inline class="smallCaps">Regulations and Enforcement</inline>.—</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end the following new paragraph: <page identifier="/us/stat/104/639">104 STAT. 639</page> <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Except to the extent otherwise provided in regulations, all administrative and enforcement provisions of customs laws and regulations, other than those laws and regulations relating to draw-back, shall apply with respect to any fee prescribed under subsection (a) of this section, and with respect to persons liable therefor, as if such fee is a customs duty. For purposes of the preceding sentence, any penalty expressed in terms of a relationship to the amount of the duty shall be treated as not less than the amount which bears a similar relationship to the amount of the fee assessed. For purposes of determining the jurisdiction of any court of the United States or any agency of the United States, any fee prescribed under subsection (a) of this section shall be treated as if such fee is a customs duty.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Extension of Fees</inline>.—</heading> <content>Paragraph (3) of section 13031(j) of such Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking out “<quotedText>1990</quotedText>” and inserting “<quotedText>1991</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s58c">19 USC 58c note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Aggregation of Merchandise Processing Fees</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Notwithstanding any provision of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), in the case of entries of merchandise made under the temporary monthly entry programs established by the Commissioner of Customs before July 1, 1989, for the purpose of testing entry processing improvements, the fee charged under section 13031(a)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985 for each day’s importations at each port by the same importer from the same exporter shall be the lesser of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>$400, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the amount determined by applying the ad valorem rate determined in such section 13031(a)(9) to the total value of each day’s importations at each port by the same importer from the same exporter.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The fees described in paragraph (1) that are payable under the program described in paragraph (1) shall be paid with each monthly consumption entry. Interest shall accrue on the fees paid monthly in accordance with section 6621 of the Internal Revenue Code of 1986.</content> </paragraph> </subsection> </section> <section> <num value="112">SEC. 112. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s58c">19 USC 58c note</ref>.</p></sidenote> <heading class="inline">EXEMPTION OF ISRAELI PRODUCTS FROM CERTAIN USER FEES.</heading> <content>If the United States Trade Representative determines that the <sidenote><p class="indent0 firstIndent0 fontsize8">Federal Register, publication.</p></sidenote>Government of Israel has provided reciprocal concessions in ex-change for the exemption of the products of Israel from the fees imposed under section 13031(a) (9) and (10) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (as amended by section 111), such fees may not be charged with respect to any product of Israel that is entered, or withdrawn from warehouse for consumption, on or after the 15th day (which day may not be before October 1, 1990) after the date on which the determination is published in the Federal Register.</content> </section> <section> <num value="113">SEC. 113. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2082">19 USC 2082</ref>.</p></sidenote> <heading class="inline">CUSTOMS SERVICE ADMINISTRATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>The Commissioner of Customs shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>develop and implement accounting systems that accurately determine and report the allocations made of Customs Service personnel and other resources among the various operational functions of the Service, such as passenger processing, merchandise processing and drug enforcement;</content> </paragraph> <page identifier="/us/stat/104/640">104 STAT. 640</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>develop and implement periodic labor distribution surveys of major workforce activities (such as inspectors, import specialists, fines, penalties, and forfeiture officers, special agents, data transcribers, and Customs aides) to determine the costs of different types of passenger and merchandise processing trans-actions, such as informal and formal entries, and automated and manual entries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>as soon as practicable after the enactment of appropriations for the Customs Service for each fiscal year, but not later than the 15th day after the beginning of such year, estimate, based on the amounts appropriated, the amount of the fee that would, if imposed on the processing of merchandise, offset the salaries and expenses subject to reimbursement from the fee that will likely be incurred by the Service in conducting commercial operations during that year;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>develop annually a detailed derivation of the commercial services cost base and the methodology used for computing the merchandise processing fee under paragraph (3); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>report within 45 days of the beginning of any fiscal year to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of each fee estimate made under paragraph (3) and each cost base and user fee methodology derivation made under paragraph (4).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Survey Reports</inline>.—</heading> <content class="inline">The Commissioner of Customs shall no later than January 31, 1991, submit to the Committees referred to in subsection (a)(5) a report on the results of the first survey implemented under subsection (a)(2).</content> </subsection> </section> <section> <num value="114">SEC. 114. </num> <heading class="inline">GAO REPORT ON ENTRIES BY MAIL.</heading> <chapeau>Before the 240th day after the date of the enactment of this Act, the Comptroller General of the United States shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>determine the extent to which the fees imposed under section 13031(a)(6) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(6)) are collected;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>develop recommendations for maximizing the collection of such fees; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>submit a written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth such determination and recommendation and the bases therefor.</content> </paragraph> </section> <section> <num value="115">SEC. 115. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s58c">19 USC 58c note</ref>.</p></sidenote> <heading class="inline">EFFECTIVE DATE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Railroads.</p></sidenote> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Except as provided in subsection (b), this sub-title, and the amendments made by this subtitle, take effect October 1, 1990, but the amendment made by section 111(b)(1) applies with respect to railroad cars arriving in the United States on or after July 7, 1986.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <content>The amendment made by section 111(d), and section 112, take effect on the date of the enactment of this Act.</content> </subsection> </section> </subtitle> <subtitle> <num value="C">Subtitle C—</num> <heading class="inline">Miscellaneous Customs Provisions</heading> <section> <num value="121">SEC. 121. </num> <heading class="inline">CUSTOMS FORFEITURE FUND.</heading> <chapeau>Section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b) is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Subsection (a)(1) is amended—</chapeau> <page identifier="/us/stat/104/641">104 STAT. 641</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of subparagraph (D);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out the period at the end of subparagraph (E) and inserting and”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>equitable sharing payments made to other Federal agencies, State and local law enforcement agencies, and foreign countries under the authority of section 616(c) of this Act or section 981 of title 18, United States Code.”.</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Subsection (a)(2) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>(A)</quotedText>” after “<quotedText>(2)</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by adding at the end thereof the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Any payment made under subparagraph (F) of paragraph (1) with respect to a seizure or forfeiture of property shall not exceed the value of the property at the time of disposition.”.</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (c) is amended by inserting “<quotedText>forfeited currency and</quotedText>” before “<quotedText>proceeds</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">Subsection (e)(1) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>and</quotedText>” after the semicolon at the end of subparagraph (A);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">by amending subparagraph (B)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking out clause (ii),</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>by striking out “<quotedText>and</quotedText>” after the semicolon in clause (iv) (as so redesignated); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>by striking out the period at the end thereof and inserting “<quotedText>; and</quotedText>”; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">a report containing, for the previous fiscal year—<sidenote><p class="indent0 firstIndent0 fontsize8">Reports</p></sidenote></chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>a complete set of audited financial statements (including a balance sheet, income statement, and cash flow analysis) prepared in a manner consistent with the requirements of the Comptroller General, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">an analysis of income and expenses showing the revenue received or lost—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>by property category (general property, vehicles, vessels, aircraft, cash, and real property) and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>by type of disposition (sales, remissions, cancellations, placed into official use, sharing with State and local agencies, and destructions).”.</content> </subclause> </clause> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Subsection (f) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subject to paragraph (2), there are authorized to be appropriated from the Fund not to exceed $20,000,000 for each fiscal year to carry out the purposes set forth in subsections (a)(3) and (b) for such fiscal year.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Of the amount authorized to be appropriated under paragraph (1), not to exceed the following shall be available to carry out the purposes set forth in subsection (a)(3):</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$14,855,000 for fiscal year 1991.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$15,598,000 for fiscal year 1992.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> </section> <page identifier="/us/stat/104/642">104 STAT. 642</page> <section> <num value="122">SEC. 122. </num> <heading class="inline">INCREASE IN VALUE SUBJECT TO ADMINISTRATIVE FORFEITURE; PROCESSING OF MONEY SEIZED UNDER THE CUSTOMS LAWS.</heading> <chapeau>Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>$100,000</quotedText>” in subsection (a)(1) and inserting “<quotedText>$500,000</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>or</quotedText>” at the end of subsection (a)(2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting “<quotedText>or</quotedText>” after the semicolon at the end of subsection (a)(3);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting after paragraph (3) of subsection (a) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such seized merchandise is any monetary instrument within the meaning of section 5312(a)(3) of title 31 of the United States Code;”;</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The Commissioner of Customs shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under section 613A within 120 days of seizure, as of the end of the previous fiscal year.”; and</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking out “<quotedText>$100,000</quotedText>” in the section heading and inserting “<quotedText>$500,000</quotedText>”.</content> </paragraph> </section> <section> <num value="123">SEC. 123. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2083">19 USC 2083</ref>.</p></sidenote> <heading class="inline">ANNUAL NATIONAL TRADE AND CUSTOMS LAW VIOLATION ESTIMATES AND ENFORCEMENT STRATEGY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <heading class="inline"><inline class="smallCaps">Violation Estimates</inline>.—</heading> <chapeau>Not later than 30 days before the beginning of each fiscal year after fiscal year 1991, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereafter in this section referred to as the “Committees”) a report that contains estimates of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the number and extent of violations of the trade, customs, and illegal drug control laws listed under subsection (b) that will likely occur during the fiscal year; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the relative incidence of the violations estimated under paragraph (1) among the various ports of entry and customs regions within the customs territory.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Applicable Statutory Provisions</inline>.—</heading> <chapeau>The Commissioner of Customs, after consultation with the Committees—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall, within 60 days after the date of the enactment of this Act, prepare a list of those provisions of the trade, customs, and illegal drug control laws of the United States for which the United States Customs Service has enforcement responsibility and to which the reports required under subsection (a) will apply; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>may from time-to-time amend the listing developed under paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Enforcement Strategy</inline>.—</heading> <chapeau>Within 90 days after submitting a report under subsection (a) for any fiscal year, the Commissioner of Customs shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>develop a nationally uniform enforcement strategy for dealing during that year with the violations estimated in the report; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>submit to the Committees a report setting forth the details of the strategy.</content> </paragraph> </subsection> <page identifier="/us/stat/104/643">104 STAT. 643</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Confidentiality</inline>.—</heading> <chapeau>The contents of any report submitted to the Committees under subsection (a) or (c)(2) are confidential and disclosure of all or part of the contents is restricted to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>officers and employees of the United States designated by the Commissioner of Customs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the chairman of each of the Committees; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>those members of each of the Committees and staff persons of each of the Committees who are authorized by the chairman thereof to have access to the contents.</content> </paragraph> </subsection> </section> <section> <num value="124">SEC. 124. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2071">19 USC 2071 note</ref>.</p></sidenote> <heading class="inline">REPORTS REGARDING EXPANSION OF CUSTOMS PRECLEARANCE OPERATIONS AND RECOVERY FOR DAMAGE RESULTING FROM CUSTOMS EXAMINATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Customs Preclearance</inline>.—</heading> <content>The Secretary of the Treasury, in consultation with the Secretary of State, shall assess the advisability of expanding the use of preclearance operations by the United States Customs Service at foreign airports. The Secretary of the Treasury shall submit a report on the assessment to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereafter in this section referred to as the “Committees”) no later than February 1, 1991.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Recovery for Customs Damage</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Secretary of the Treasury, in consultation with the Attorney General, shall determine and evaluate various means by which persons whose merchandise is damaged during customs examinations may seek compensation from, or take other recourse against, the United States Customs Service regarding the damage.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>No later than February 1, 1991, the Secretary of the Treasury shall submit to the Committees a report on the evaluation required under paragraph (1), together with any legislative recommendation that the Secretary considers appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Merchandise Damage Statistics</inline>.—</heading> <content>The Commissioner of Customs shall keep accurate statistics on the incidence, nature, and extent of damage to merchandise resulting from customs examinations and shall provide an annual summary of these statistics to the Committees.</content> </subsection> </section> </subtitle> <subtitle> <num value="D">Subtitle D—</num> <heading class="inline">Miscellaneous Provisions</heading> <section> <num value="131">SEC. 131. </num> <heading class="inline">TREATMENT OF CZECHOSLOVAKIA AND EAST GERMANY UNDER THE GENERALIZED SYSTEM OF PREFERENCES.</heading> <content>The table in section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended by striking out “<quotedText>Czechoslovakia</quotedText>” and “<quotedText>Germany (East)</quotedText>”.</content> </section> <section> <num value="132">SEC. 132. </num> <heading class="inline">TECHNICAL AMENDMENTS REGARDING NONDISCRIMINATORY TRADE TREATMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Waiver Authority</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Paragraph (5) of section 402(d) of the Trade Act of 1974 (19 U.S.C. 2432(d)(5)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>the waiver authority granted by subsection (c) has been extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and</quotedText>”,</content> </subparagraph> <page identifier="/us/stat/104/644">104 STAT. 644</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>such authority will</quotedText>” in the first sentence thereof and inserting in lieu thereof “<quotedText>the waiver authority granted under subsection (c) will</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>, unless</quotedText>” in the next to the last sentence and all that follows through the end of such paragraph and inserting “<quotedText>, unless a joint resolution described in section 153(a) is enacted into law pursuant to the provisions of paragraph (2).</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Subsection (d) of section 402 of the Trade Act of 1974 (19 U.S.C. 2432(d)), as amended by paragraph (1), is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out paragraphs (1), (2), (3), and (4),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by redesignating paragraph (5) as paragraph (1), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The requirements of this paragraph are met if the joint resolution is enacted under the procedures set forth in section 153, and—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="o">“(i) </num> <content class="inline">the Congress adopts and transmits the joint resolution to the President before the end of the 60-day period beginning on the date the waiver authority would expire but for an extension under paragraph (1), and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="oo">“(ii) </num> <content class="inline">if the President vetoes the joint resolution, each House of Congress votes to override such veto on or before the later of the last day of the 60-day period referred to in clause (i) or the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date the Congress receives the veto message from the President.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>If a joint resolution is enacted into law under the provisions of this paragraph, the waiver authority applicable to any country with respect to which the joint resolution disapproves of the extension of such authority shall cease to be effective as of the day after the 60-day period beginning on the date of the enactment of the joint resolution.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>A joint resolution to which this subsection and section 153 apply may be introduced at any time on or after the date the President transmits to the Congress the document described in paragraph (1)(B).”</content> </subparagraph> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (a) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193(a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Contents of Resolution</inline>.—</heading> <content>For purposes of this section, the term ‘resolution’ means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on <fillIn>________________</fillIn> with respect to <fillIn>________________</fillIn>, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with ‘with respect to’ being omitted if the extension of the authority is not approved with respect to any country.”</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">Subsection (b) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193(b)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>, and, in the case of a resolution related to section 402(d)(4), 20 calendar days shall be substituted for 30 days</quotedText>” in paragraph (2),</content> </subparagraph> <page identifier="/us/stat/104/645">104 STAT. 645</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>an except clause, in the case of a resolution described in subsection (a)(1), or</quotedText>” in paragraph (3),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>, in the case of a resolution described in subsection (a)(2)</quotedText>” in paragraph (3),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking out “<quotedText>an except clause, in the case of a resolution described in subsection (a)(1), or</quotedText>” in paragraph (4), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by striking out “<quotedText>, in the case of a resolution described in subsection (a)(2)</quotedText>” in paragraph (4).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Subsection (c) of section 153 of the Trade Act of 1974 (19 U.S.C. 2193) is amended by striking out “<quotedText>in subsection (a)(l)</quotedText>” and inserting in lieu thereof “<quotedText>in subsection (a)</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Section 153 of the Trade Act of 1974 (19 U.S.C. 2193) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Procedures Relating to Conference Reports in the Senate</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Consideration in the Senate of the conference report on any joint resolution described in subsection (a), including consideration of all amendments in disagreement (and all amendments thereto), and consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment to any amendment in disagreement shall be received unless it is a germane amendment.”</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Bilateral Commercial Agreements</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (c) of section 405 of the Trade Act of 1974 (19 U.S.C. 2435(c)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>An agreement referred to in subsection (a), and a proclamation referred to in section 404(a) implementing such agreement, shall take effect only if a joint resolution described in section 151(b)(3) that approves of the agreement referred to in subsection (a) is enacted into law.”</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Section 151 of the Trade Act of 1974 (19 U.S.C. 2191(b)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>or resolution</quotedText>” after “<quotedText>revenue bill</quotedText>” in subsection (b)(2),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting “<quotedText>, or approval resolution,</quotedText>” in subsection (b)(2) after “<quotedText>implementing bill</quotedText>”,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>concurrent</quotedText>” in subsection (b)(3) and inserting in lieu thereof “<quotedText>joint</quotedText>”,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking out “<quotedText>revenue bill</quotedText>” each place it appears in subsection (e)(2) and inserting in lieu thereof “<quotedText>revenue bill or resolution</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by striking out “<quotedText>such bill</quotedText>” each place it appears in subsection (e)(2) and inserting in lieu thereof “<quotedText>such bill or resolution</quotedText>”.</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/646">104 STAT. 646</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Subsection (c) of section 407 of the Trade Act of 1974 (19 U.S.C. 2437(c)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out paragraphs (1) and (2) and inserting in lieu thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in section 151(b)(3) that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.”, and</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by redesignating paragraph (3) as paragraph (2).</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Compliance Reports</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Paragraph (2) of section 407(c) of the Trade Act of 1974 (19 U.S.C. 2437(c)(2)), as redesignated by subsection (b)(3)(B) of this section, is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152)</quotedText>” and inserting in lieu thereof “<quotedText>a joint resolution described in section 152(a)(1)(B) is enacted into law that disapproves</quotedText>”,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out “<quotedText>the date of the adoption</quotedText>” and inserting in lieu thereof “<quotedText>the end of the 60-day period beginning with the date of the enactment</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by adding at the end thereof the following new sentence: “<quotedText>If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date the Congress receives the veto message from the President.</quotedText>”</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subparagraph (B) of section 152(a)(1) of the Trade Act of 1974 (19 U.S.C. 2192(a)(1)(B)) is amended to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress does not approve <fillIn>___________________</fillIn> transmitted to the Congress on <fillIn>_________________</fillIn> with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled with the appropriate date.”</content> </subparagraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Paragraph (2) of section 152(a) of the Trade Act of 1974 (19 U.S.C. 2192(a)(2)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>second</quotedText>” in the matter preceding subparagraph (A) and inserting in lieu thereof “<quotedText>first</quotedText>”,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by adding “and” at the end of subparagraph (A),</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>407(c)(3)</quotedText>” in subparagraph (C) and inserting in lieu thereof “<quotedText>407(c)(2)</quotedText>”,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking out subparagraph (B), and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by redesignating subparagraph (C) as subparagraph (B).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Paragraph (1) of section 152(c) of the Trade Act of 1974 (19 U.S.C. 2192(c)(1)) is amended by striking out “<quotedText>except</quotedText>” and all that follows thereafter and inserting the following: “except that a motion to discharge— <page identifier="/us/stat/104/647">104 STAT. 647</page> <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is not in order after the Committee has reported a resolution with respect to the same matter.”.</content> </subparagraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Subsection (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(f)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Procedures in the Senate</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>Except as otherwise provided in this section, the following procedures shall apply in the Senate to a resolution to which this section applies:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">Except as provided in clause (ii), a resolution that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with this section.</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>If a resolution to which this section applies was introduced in the Senate before receipt of a resolution that has passed the House of Representatives, the resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this clause applies, the procedures in the Senate with respect to a resolution introduced in the Senate that contains the identical matter as the resolution that passed the House of Representatives shall be the same as if no resolution had been received from the House of Representatives, except that the vote on pas-sage in the Senate shall be on the resolution that passed the House of Representatives.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>If the Senate passes a resolution before receiving from the House of Representatives a joint resolution that contains the identical matter, the joint resolution shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">If the texts of joint resolutions described in section 152 or 153(a), whichever is applicable, concerning any matter are not identical—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the Senate shall vote passage on the resolution introduced in the Senate, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the text of the joint resolution passed by the Senate shall, immediately upon its passage (or, if later, upon receipt of the joint resolution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolution, as amended, shall be returned with a request for a conference between the two Houses.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (a)(2)(B) or section 153(a), including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.”</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <heading class="inline"><inline class="smallCaps">407(c)(3)</inline>”</heading> <content>Subsection (b) of section 154 of the Trade Act of 1974 (194<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2194">19 USC 2194</ref>.</p></sidenote> U.S.C. 2194(b)) is amended by striking out “<quotedText>407(c)(2)</quotedText>” and “<quotedText>407(c)(3)</quotedText>” and inserting in lieu thereof “<quotedText>and 407(c)(2)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2432">19 USC 2432 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Dates</inline>.—</heading> <page identifier="/us/stat/104/648">104 STAT. 648</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Except as provided in paragraph (2), the amendments made by this section take effect on the date of the enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Extension of waiver authority</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The amendments made by subsections (a) and (c) (4) and (5) apply with respect to recommendations made under section 402(d) of the Trade Act of 1974 by the President after May 23, 1990.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">Solely for purposes of applying the applicable provisions of the Trade Act of 1974 with respect to the recommendations made by the President to the House of Representatives and the Senate under subsection (d) of section 402 of the Trade Act of 1974 after May 23, 1990, and on or before the date of the enactment of this Act—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>in paragraph (2)(A)(i) of subsection (d) of such section 402 (as amended by subsection (a)), the date on which the waiver authority granted under subsection (c) of such section 402 would expire but for an extension under paragraph (1) of such subsection (d) is the date of the enactment of this Act;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>paragraph (2)(A)(ii) of subsection (d) of such section 402 (as amended by subsection (a)) shall be treated as reading as follows: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>if the President vetoes the joint resolution, each House of Congress votes to override such veto on or before the last day of the 60-day period referred to in clause (i).”;</content> </clause> </quotedContent> </content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>if the waiver authority granted under such subsection (c) is extended after application of clauses (i) and (ii), the expiration date for such authority is July 3, 1991; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>only joint resolutions described in section 153(a) of the Trade Act of 1974 (as amended by subsection (a)) that are introduced in the House of Representatives or the Senate on or after the date of the enactment of this Act may be considered by either body.</content> </clause> </subparagraph> </paragraph> </subsection> </section> <section> <num value="133">SEC. 133. </num> <heading class="inline">COMPETITIVENESS POLICY COUNCIL.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Membership of Council</inline>.—</heading> <chapeau>Section 5205 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4804) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (b) by striking out “<quotedText>January 21, 1989</quotedText>” and inserting in lieu thereof “<quotedText>the date of the enactment of the Customs and Trade Act of 1990</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out subsections (e) and (f) and inserting in lieu thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Conflict of Interest</inline>.—</heading> <content>A member of the Council shall not serve as an agent for a foreign principal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Expenses</inline>.—</heading> <content>Each member of the Council, while engaged in duties as a member of the Council, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of such member, in accordance with subchapter I of chapter 57 of title 5, United States Code.”; and</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out subsections (1) and (m).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Executive Director and Staff</inline>.—</heading> <content>Section 5206 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4805) is amended by adding the following new subsections: <page identifier="/us/stat/104/649">104 STAT. 649</page> <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Experts and Consultants</inline>.—</heading> <content>The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-16 of the General Schedule.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Details</inline>.—</heading> <content>Upon request of the Council, the head of any other Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this subtitle.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Powers of the Council</inline>.—</heading> <chapeau>Section 5207 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4806) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (c) (as redesignated under paragraph (1)) by striking out “<quotedText>60</quotedText>” and inserting in lieu thereof “<quotedText>120.</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Annual Report</inline>.—</heading> <content>Section 5208(a) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4807(a)) is amended by striking out “<quotedText>prepare and</quotedText>” and inserting in lieu thereof “<quotedText>on March 1</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content>Section 5209 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4808) is amended by striking out “<quotedText>1989 and 1990</quotedText>” and inserting in lieu thereof “<quotedText>1991 and 1992</quotedText>”.</content> </subsection> </section> <section> <num value="134">SEC. 134. </num> <heading class="inline">TECHNICAL AMENDMENTS RELATING TO THE UNITED STATESCANADA FREE-TRADE AGREEMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Amendments to the Tariff Act of 1930</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Section 313(n) of the Tariff Act of 1930 (19 U.S.C. 1313(n)) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>, except an article</quotedText>” before “<quotedText>made from or substituted for</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking “<quotedText>of 1988</quotedText>” the second place it appears and inserting a comma.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 313(o) of the Tariff Act of 1930 (19 U.S.C. 1313(o)) is amended by adding at the end thereof the following new sentence: “<quotedText>This subsection shall apply to vessels delivered to Canadian<sidenote><p class="indent0 firstIndent0 fontsize8">Maritime affairs.</p></sidenote> account or owner, or to the Government of Canada, on and after January 1, 1994 (or, if later, the date proclaimed by the President under section 204(b)(2)(B) of the United States-Canada Free-Trade Agreement Implementation Act of 1988).</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">in subsection (a)(5)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking subparagraph (A) and inserting: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the date of publication in the Federal Register of notice of any determination described in paragraph (1)(B) or any determination described in clause (i), (ii), or (iii) of paragraph (2)(B),”, and</content> </subparagraph> </quotedContent> </content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by striking out the period at the end of subparagraph (B) and inserting “<quotedText>, or</quotedText>”, and by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">the date as of which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>a binational panel has dismissed the binational panel review for lack of jurisdiction, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>any interested party seeking review under paragraph (1), (2), or (3) has provided timely notice under subsection (g)(3)(B), <page identifier="/us/stat/104/650">104 STAT. 650</page>except that if a request for an extraordinary challenge committee has been made with respect to the decision to dismiss, the date under this subparagraph shall not be earlier than the date on which such committee determines that such panel acted properly when it dismissed for lack of jurisdiction,”; and</content> </clause> </subparagraph> </quotedContent> </content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">in subsection (g)(3)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking “<quotedText>or</quotedText>” at the end of subparagraph (A)(ii), by striking the period at the end of subparagraph (A)(iii) and inserting “<quotedText>, or</quotedText>”, and by adding at the end of subparagraph (A) the following new clause: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>a determination which a binational panel has determined under paragraph (2)(A) is not reviewable by the binational panel.”, and</content> </clause> </quotedContent> </content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by inserting “<quotedText>or (iv)</quotedText>” after “<quotedText>subparagraph (A)(i)</quotedText>” in subparagraph (B).</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">Section 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f(d)), as added by section 403(c) of the United States-Canada Free- Trade Agreement Implementation Act of 1988, is redesignated as subsection (f) and is further amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">in paragraph (1)(A)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking “<quotedText>(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)</quotedText>”, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by adding at the end thereof the following new sentence: “<quotedText>If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2)</quotedText>.”;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">in paragraph (1)(B)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by inserting “<quotedText>, and persons under the direction and control,</quotedText>” after “<quotedText>employees</quotedText>” in clause (ii),</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by striking “<quotedText>and</quotedText>” at the end of clause (ii),</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>by striking all after “<quotedText>in order to</quotedText>” in clause (iii) and inserting “<quotedText>make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and</quotedText>”; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>by adding at the end thereof the following new clause: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement.”;</content> </clause> </quotedContent> </content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau class="inline">in paragraph (3)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking “<quotedText>or</quotedText>” after “<quotedText>violate,</quotedText>” each place it appears, and</content> </clause> <page identifier="/us/stat/104/651">104 STAT. 651</page> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by inserting “<quotedText>or knowingly to receive information the receipt of which constitutes a violation of,</quotedText>” after “<quotedText>violation of,</quotedText>” each place it appears; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>in paragraph (4), by striking out “<quotedText>or inducement of a violation,</quotedText>” and inserting “<quotedText>inducement of a violation or receipt of information with reason to know that such information was disclosed in violation,</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendments to the United States-Canada Free-Trade Agreement Implementation Act of 1988</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 406(b) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>If the Canadian Secretariat described in chapter 19 of the Agreement provides funds during any fiscal year for the purpose of paying, in accordance with Annex 1901.2 of the Agreement, the Canadian share of the expenses of binational panels, the United States Secretariat established under section 405(e)(l) may hereafter retain and use such funds for such purposes.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 408(c) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by striking all after “<quotedText>persons</quotedText>” and inserting “<quotedText>who would otherwise be entitled under Canadian law to commence procedures for judicial review of a final antidumping or countervailing duty determination made by a competent investigating authority of Canada.</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 409(b)(3)(A) of the United States-Canada Free- Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by striking “<quotedText>section 305</quotedText>” and inserting “<quotedText>section 308</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Amendment to Harmonized Tariff Schedule</inline>.—</heading> <content>U.S. Note 1 to subchapter XIII of chapter 98 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) is amended by adding at the end thereof the following new paragraph: <quotedContent> <subsection class="indentUp1 fontsize10"> <num value="c">“(c) </num> <content>For purposes of this subchapter, the shipment to Canada of an article entered into the United States under heading 9813.00.05 shall not constitute an exportation, unless the article is a drawback eligible good under section 204(a) of the United States-Canada Free-Trade Agreement Implementation Act of 1988. This paragraph shall apply to shipments on or after January 1, 1994 (or, if later, the date proclaimed by the President under section 204(b)(2)(B) of such Act).”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <num value="135">SEC. 135. </num> <heading class="inline">TREATMENT OF CERTAIN INFORMATION UNDER ADMINISTRATIVE PROTECTIVE ORDERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Section 333 of the Tariff Act of 1930 (19 U.S.C. 1333) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <heading class="inline"><inline class="smallCaps">Administrative Protective Orders</inline>.—</heading> <content>Any correspondence, private letters of reprimand, and other documents and files relating to violations or possible violations of administrative protective orders issued by the Commission in connection with investigations or other proceedings under this title shall be treated as information described in section 552(b)(3) of title 5, United States Code.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Countervailing and Antidumping Duty Investigations</inline>.—</heading> <chapeau>Section 777 of the Tariff Act of 1930 (19 U.S.C. 1677f) is amended—</chapeau> <page identifier="/us/stat/104/652">104 STAT. 652</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by adding the following sentences at the end of subsection (c)(1)(A): “<quotedText>Customer names obtained during any investigation which requires a determination under section 705(b) or 735(b) may not be disclosed by the administering authority under protective order until either an order is published under section 706(a) or 736(a) as a result of the investigation or the investigation is suspended or terminated. The Commission may delay disclosure of customer names under protective order during any such investigation until a reasonable time prior to any hearing provided under section 774.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Information Relating to Violations of Protective Orders and Sanctions</inline>.—</heading> <content>The administering authority and the Commission may withhold from disclosure any correspondence, private letters of reprimand, settlement agreements, and documents and files com-piled in relation to investigations and actions involving a violation or possible violation of a protective order issued under subsection (c) or (d), and such information shall be treated as information described in section 552(b)(3) of title 5, United States Code.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2112">19 USC 2112 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Application of Amendments to Products of Canadian Origin</inline>.—</heading> <content>For purposes of section 404 of the United States-Canada Free-Trade Agreement Implementation Act of 1988, the amendments made by subsection (b) also apply with respect to investigations under title VII of the Tariff Act of 1930 involving products of Canadian origin.</content> </subsection> </section> <section> <num value="136">SEC. 136. </num> <heading class="inline">EXTENSION OF TIME FOR PREPARATION OF REPORT ON SUPPLEMENTAL WAGE ALLOWANCE DEMONSTRATION PROJECTS UNDER THE WORKER ADJUSTMENT ASSISTANCE PROGRAM.</heading> <chapeau>Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and carry out</quotedText>” in the matter preceding paragraph (1) of subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>3 years</quotedText>” in subsection (d) and inserting “<quotedText>6 years</quotedText>”.</content> </paragraph> </section> <section> <num value="137">SEC. 137. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484 note</ref>.</p></sidenote> <heading class="inline">DRUG PARAPHERNALIA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Statistical Annotations</inline>.—</heading> <content>The Secretary of the Treasury, the Secretary of Commerce, and the United States International Trade Commission shall take actions under section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) to implement the recommendations of the Commission regarding additional statistical annotations that were made in the report of the Commission on Investigation 332–277.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>By no later than the date that is 1 year after the date of enactment of this Act, the Commissioner of Customs shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the operational response of the United States Customs Service to the recommendations contained in the report of the United States Trade Commission described in subsection (a). The report submitted by the Commissioner of Customs under this subsection shall address the effectiveness of the United States Customs Service in monitoring and seizing drug paraphernalia, including crack bags, vials, and pipes.</content> </subsection> </section> <page identifier="/us/stat/104/653">104 STAT. 653</page> <section> <num value="138">SEC. 138. </num><sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote> <heading class="inline">ECONOMIC SANCTIONS AGAINST PRODUCTS OF BURMA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>If, prior to October 1, 1990, the President does not certify to Congress that Burma has met all of the conditions listed in subsection (b), then the President—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>shall impose such economic sanctions upon Burma as the President determines to be appropriate, including any sanctions appropriate under the Narcotics Control Trade Act of 1986; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>should confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against Burma.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Conditions Which Burma Must Meet</inline>.—</heading> <chapeau>The conditions referred to in subsection (a) are as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Burma meets the certification requirements listed in section 802(b) of the Narcotics Control Trade Act of 1986.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The national governmental legal authority in Burma has been transferred to a civilian government.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Martial law has been lifted in Burma.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Prisoners held for political reasons in Burma have been released.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Imposition of Sanctions</inline>.—</heading> <content>In applying subsection (a)(1), the President shall give primary consideration to the imposition of sanctions on those products which constitute major imports from Burma, including fish, tropical timber, and aquatic animals, unless the President determines that sanctions against such products would have a significant adverse effect on the economic interests of the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Reports if Sanctions not Imposed</inline>.—</heading> <chapeau>If the President does not impose economic sanctions under subsection (a)(1), the President shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>report to the Congress his reasons for not imposing sanctions and the actions he intends to take to achieve the conditions listed in subsection (b) (1) through (4); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for as long as economic sanctions are not imposed during the 2-year period after the date on which the report is first made under paragraph (1), submit semiannual reports to the Congress regarding the reasons and actions referred in such paragraph.</content> </paragraph> </subsection> </section> <section> <num value="139">SEC. 139. </num> <heading class="inline">MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Tariff Act of 1930</inline>.—</heading> <chapeau>The Tariff Act of 1930 is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 555(b)(6) (19 U.S.C. 1555(b)(6)) is amended by striking out “<quotedText>subpart A of part 2 of schedule 8 of the Tariff schedules of the United States</quotedText>” and inserting “<quotedText>subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 739(a)(l)(B)(v) (19 U.S.C. 1673h(a)(l)(B)(v)) is amended by striking out “<quotedText>Tariff Schedules of the United States</quotedText>” and inserting “<quotedText>Harmonized Tariff Schedule of the United States</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 771(20)(A) (19 U.S.C. 1677(20)(A)) is amended by striking out “<quotedText>schedule 8 of the Tariff Schedules of the United States</quotedText>” and inserting “<quotedText>chapter 98 of the Harmonized Tariff Schedule of the United States</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Omnibus Trade and Competitiveness Act of 1988</inline>.—</heading> <chapeau>Section 1102(c)(4) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2902(c)(4)) is amended—</chapeau> <page identifier="/us/stat/104/654">104 STAT. 654</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>paragraph (3)(B)</quotedText>” and inserting “<quotedText>paragraph (3)(C)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>1103(f)</quotedText>” and inserting “<quotedText>1103(e)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline">COBRA <inline class="smallCaps">of</inline> 1985.—</heading> <chapeau>Section 13031(b)(8)(D) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(D)) (as redesignated by section l11(b)(2)(A) of this Act) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>subparagraph 9802.00.60 of the Tariff Schedules of the United States</quotedText>” in clause (iii) and inserting “<quotedText>subheading 9802.00.60 of the Harmonized Tariff Schedule of the United States</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subparagraph 9802.00.80 of Schedules</quotedText>” in clause (iv) and inserting “<quotedText>heading 9802.00.80 of such Schedule</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>subparagraph 9802.00.60 or 807.00 of such Schedules</quotedText>” in the sentence following clause (iv) and inserting “<quotedText>subheading 9802.00.60 or heading 9802.00.80 of such Schedule</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="140">SEC. 140. </num> <heading class="inline">INCREASE IN EXPENDITURES TO PROVIDE ASSISTANCE FOR UNITED STATES CITIZENS RETURNING FROM FOREIGN COUNTRIES.</heading> <content>Section 1113(d) of the Social Security Act (42 U.S.C. 1313(d)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The total amount of temporary assistance provided under this section shall not exceed $1,000,000 during any fiscal year beginning on or after October 1, 1989.”</content> </subsection> </quotedContent> </content> </section> <section> <num value="141">SEC. 141. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t13/s23">13 USC 23 note</ref>.</p></sidenote> <heading class="inline">ADMINISTRATIVE PROVISION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <content>The determination of whether temporary 1990 census services constitute “Federal service” for purposes of subchapter I of chapter 85 of title 5, United States Code, shall be made under the provisions of such subchapter without regard to any provision of law not contained in such subchapter.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Temporary 1990 Census Services</inline>.—</heading> <content>For purposes of subsection (a), the term “temporary 1990 census services” means services performed by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population (as determined under regulations determined by the Secretary of Commerce).</content> </subsection> </section> <section> <num value="142">SEC. 142. </num> <heading class="inline">NONDISCRIMINATORY TREATMENT FOR THE PRODUCTS OF EAST GERMANY.</heading> <chapeau>Notwithstanding any other provision of law, the President may, by proclamation, lower the rate of duty under the Harmonized Tariff Schedule of the United States on products of the German Democratic Republic that are entered, or withdrawn from ware-house for consumption, in the customs territory of the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>after September 30, 1990; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>before the beginning date on which a unified Germany is treated as a country eligible for column 1 duty treatment under such Harmonized Schedule;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to any rate of duty that is not lower than the rate that would be imposed if the column 1 general rate of duty provided for in such Schedule applied to the product at the time of entry or withdrawal.</continuation> </section> </subtitle> 104 STAT. 655 <num value="II">TITLE II—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Caribbean Basin Economic Recovery Expansion Act of 1990.</p></sidenote> <heading class="inline">CARIBBEAN BASIN ECONOMIC RECOVERY</heading> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">Short Title and Findings</heading> <section> <num value="201">SEC. 201. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2701">19 USC 2701 note</ref>.</p></sidenote> <heading class="inline">SHORT TITLE.</heading> <content>This title may be cited as the “<shortTitle role="title">Caribbean Basin Economic Recovery Expansion Act of 1990</shortTitle>”.</content> </section> <section> <num value="202">SEC. 202. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2701">19 USC 2701 note</ref>.</p></sidenote> <heading class="inline">CONGRESSIONAL FINDINGS.</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a stable political and economic climate in the Caribbean region is necessary for the development of the countries in that region and for the security and economic interests of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Caribbean Basin Economic Recovery Act was enacted in 1983 to assist in the achievement of such a climate by stimulating the development of the export potential of the region; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the commitment of the United States to the successful development of the region, as evidenced by the enactment of the Caribbean Basin Economic Recovery Act, should be reaffirmed, and further strengthened, by amending that Act to improve its operation.</content> </paragraph> </section> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Amendments to the Caribbean Basin Economic Recovery Act and Related Provisions</heading> <part> <num value="1">PART 1—</num> <heading class="inline">AMENDMENTS TO CARIBBEAN BASIN ECONOMIC RECOVERY ACT</heading> <section> <num value="211">SEC. 211. </num> <heading class="inline">REPEAL OF TERMINATION DATE ON DUTY-FREE TREATMENT UNDER THE ACT.</heading> <content>Section 218 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2706(b)) is repealed.</content> </section> <section> <num value="212">SEC. 212. </num> <heading class="inline">DUTY REDUCTION FOR CERTAIN LEATHER-RELATED PRODUCTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Subject to paragraph (2), the President shall proclaim <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>reductions in the rates of duty on handbags, luggage, flat goods, work gloves, and leather wearing apparel that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">are the product of any beneficiary country; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">were not designated on August 5, 1983, as eligible articles for purposes of the generalized system of preferences under title V of the Trade Act of 1974.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The reduction required under paragraph (1) in the rate of duty on any article shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>result in a rate that is equal to 80 percent of the rate of duty that applies to the article on December 31, 1991, except <page identifier="/us/stat/104/656">104 STAT. 656</page>that, subject to the limitations in paragraph (3), the reduction may not exceed 2.5 percent ad valorem; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>be implemented in 5 equal annual stages with the first one-fifth of the aggregate reduction in the rate of duty being applied to entries, or withdrawals from warehouse for consumption, of the article on or after January 1, 1992.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The reduction required under this subsection with respect to the rate of duty on any article is in addition to any reduction in the rate of duty on that article that may be proclaimed by the President as being required or appropriate to carry out any trade agreement entered into under the Uruguay Round of trade negotiations; except that if the reduction so proclaimed—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is less than 1.5 percent ad valorem, the aggregate of such proclaimed reduction and the reduction under this subsection may not exceed 3.5 percent ad valorem, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is 1.5 percent ad valorem or greater, the aggregate of such proclaimed reduction and the reduction under this subsection may not exceed the proclaimed reduction plus 1 percent ad valorem.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2703">19 USC 2703</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Conforming Amendments</inline>.—</heading> <chapeau>Subsection (b) of section 213 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>, handbags, luggage, flat goods, work gloves, and leather wearing apparel</quotedText>” in paragraph (2);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>or</quotedText>” at the end of paragraph (4);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out the period at the end of paragraph (5) and inserting “<quotedText>; or</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end thereof the following new paragraph:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>articles to which reduced rates of duty apply under subsection (h).”.</content> </paragraph> </subsection> </section> <section> <num value="213">SEC. 213. </num> <heading class="inline">WORKER RIGHTS.</heading> <chapeau>Section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” after the semicolon at the end of subsection (b)(5);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of subsection (bX6) and inserting “<quotedText>; and</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end of subsection (b) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>if such country has not or is not taking steps to afford internationally recognized worker rights (as defined in section 502(a)(4) of the Trade Act of 1974) to workers in the country (including any designated zone in that country).”;</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by amending the last sentence in subsection (b) by striking out “<quotedText>and (5)</quotedText>” and inserting “<quotedText>(5), and (7)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by amending subsection (c)(8) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="214">SEC. 214. </num> <heading class="inline">REPORTS.</heading> <content>Section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8">President.</p></sidenote> <content>On or before October 1, 1993, and the close of each 3-year period thereafter, the President shall submit to the Congress a <page identifier="/us/stat/104/657">104 STAT. 657</page>complete report regarding the operation of this title, including the results of a general review of beneficiary countries based on the considerations described in subsections (b) and (c).”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="215">SEC. 215. </num> <heading class="inline">TREATMENT OF ARTICLES GROWN. PRODUCED, OR MANUFACTURED IN PUERTO RICO.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content class="inline">Section 213(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(a)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">The duty-free treatment provided under this chapter shall apply to an article (other than an article listed in subsection (b)) which is the growth, product, or manufacture of the Commonwealth of Puerto Rico if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the article is imported directly from the beneficiary country into the customs territory of the United States,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the article was by any means advanced in value or improved in condition in a beneficiary country, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>if any materials are added to the article in a beneficiary country, such materials are a product of a beneficiary country or the United States.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2703">19 USC 2703 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Dates</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 1, 1990.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer after September 30, 1990, and before April 1, 1991, any entry, or withdrawal from warehouse—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which was made after August 5, 1983, and before October 1, 1990, and with respect to which liquidation has not occurred before October 1, 1990, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>with respect to which there would have been no duty, or a lesser duty, if the amendment made by subsection (a) applied,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">shall be liquidated as though such amendment applied to such entry or withdrawal.</continuation> </paragraph> </subsection> </section> <section> <num value="216">SEC. 216. </num> <heading class="inline">APPLICATION OF ACT IN EASTERN CARIBBEAN AREA.</heading> <content>It is the sense of the Congress that there should be undertaken special efforts in order to improve the ability of the Organization of Eastern Caribbean States countries and Belize to benefit from the Caribbean Basin Economic Recovery Act.</content></section> </part> <part> <num value="2">PART 2—</num> <heading class="inline">AMENDMENTS TO THE HARMONIZED TARIFF SCHEDULE AND OTHER PROVISIONS AFFECTING CBI BENEFICIARY COUNTRIES</heading> <section> <num value="221">SEC. 221. </num> <heading class="inline">INCREASE IN DUTY-FREE TOURIST ALLOWANCES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Duty-Free Allowance for Returning Residents</inline>.—</heading> <chapeau>Subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting the following new note at the end of the notes to such subchapter: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="4">“4. </num> <content class="inline">As used in subheadings 9804.00.70 and 9804.00.72, the term ‘beneficiary country’ means a country listed in general note 3(c)(v)(A).”;</content> </paragraph> </quotedContent> </content> </paragraph> <page identifier="/us/stat/104/658">104 STAT. 658</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subheading 9804.00.65 or 9804.00.70</quotedText>” and all that follows thereafter in the superior article description to subheadings 9804.00.65 and 9804.00.70 and inserting “<quotedText>subheadings 9804.00.65, 9804.00.70, and 9804.00.72 within 30 days preceding his arrival, and claims exemption under only one of such items on his arrival.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>$800</quotedText>” in subheading 9804.00.70 and inserting “<quotedText>$1,200</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting “<quotedText>or up to $600 of which have been acquired in one or more beneficiary countries</quotedText>” before the parenthetical matter in subheading 9804.00.70; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by inserting after subheading 9804.00.70 the following new subheading with the article description for the new subheading having the same degree of indentation as subheading 9804.00.70: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9804.00.72</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black">Articles whether or not accompanying a person, not over $600 in aggregate fair market value in the country of acquisition, including—</td> <td style="width:15%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:5%; text-align:left; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> (a) but only in the case of an individual who has attained the age of 21, not more than 1 liter of alcoholic beverages or not more than 2 liters if at least one liter is the product of one or more beneficiary countries, and</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> (b) not more than 200 cigarettes,</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">and not more than 100 cigars, if such person arrives directly from a beneficiary country, not more than $400 of which shall have been acquired elsewhere than in beneficiary countries (but this item does not permit the entry of articles not accompanying a person which were acquired elsewhere than in beneficiary countries)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by subsection (a) apply with respect to residents of the United States who depart from the United States on or after the 15th day after the date of the enactment of this Act.</content> </subsection> </section> <section> <num value="222">SEC. 222. </num> <heading class="inline">DUTY-FREE TREATMENT FOR ARTICLES ASSEMBLED IN BENEFICIARY COUNTRIES FROM COMPONENTS PRODUCED IN THE UNITED STATES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>U.S. Note 2 of subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>2. Any</quotedText>” and inserting “<quotedText>2. (a) Except as provided in paragraph (b), any</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">No article (except a textile article, apparel article, or petroleum, or any product derived from petroleum, provided for in heading 2709 or 2710) may be treated as a foreign article, or as subject to duty, if—</chapeau> <level class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">the article is—</chapeau> <page identifier="/us/stat/104/659">104 STAT. 659</page> <level class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">assembled or processed in whole of fabricated components that are a product of the United States, or</content> </level> <level class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">processed in whole of ingredients (other than water) that are a product of the United States,</content></level> <continuation class="indent0 firstIndent0 fontsize10">in a beneficiary country; and</continuation> </level> <level class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">neither the fabricated components, materials or ingredients, after exportation from the United States, nor the article itself, before importation into the United States, enters the commerce of any foreign country other than a beneficiary country.</content></level> <continuation class="indent0 firstIndent0 fontsize10">As used in this paragraph, the term ‘beneficiary country’ means a country listed in general note 3(c)(v)(A).”.</continuation> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by subsection (a) applies with respect to goods assembled or processed abroad that are entered on or after October 1, 1990.</content> </subsection> </section> <section> <num value="223">SEC. 223. </num> <heading class="inline">RULES OF ORIGIN FOR PRODUCTS OF BENEFICIARY COUNTRIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline">ITC <inline class="smallCaps">Investigation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The United States International Trade Commission shall immediately undertake, pursuant to section 332(g) of the Tariff Act of 1930, an investigation for the purpose of assessing whether revised rules of origin for products of countries designated as beneficiary countries under the Caribbean Basin Economic Recovery Act are appropriate. If the Commission makes an affirmative assessment, it shall develop recommended revised rules of origin.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Commission shall submit a report on the results of the <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>investigation under paragraph (1), together with the text of recommended rules, if any, to the President and the Congress no later than 9 months after the date of the enactment of this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Legislative Recommendations</inline>.—</heading> <chapeau>If the President considers <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>that the implementation of revised rules of origin for products of beneficiary countries would be appropriate, the President shall transmit to the Congress suggested legislation containing such rules of origin. In formulating such suggested legislation, the President shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>take into account the report and recommended rules submitted under subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">obtain the advice of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the appropriate advisory committees established under section 135 of the Trade Act of 1974,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the governments of the beneficiary countries,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>other interested parties.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="224">SEC. 224. </num> <heading class="inline">CUMULATION INVOLVING BENEFICIARY COUNTRY PRODUCTS UNDER THE COUNTERVAILING AND ANTIDUMPING DUTY LAWS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Material Injury</inline>.—</heading> <content>Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended to read as follows: <quotedContent> <clause class="firstIndent1 fontsize10"> <num value="i">“(iv) </num> <heading class="inline"><inline class="smallCaps">Cumulation</inline>.—</heading> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content class="inline">For purposes of clauses (i) and (ii) and subject to subclause (II), the Commission shall cumulatively assess the volume and effect of <page identifier="/us/stat/104/660">104 STAT. 660</page>imports from two or more countries of like products subject to investigation if such imports compete with each other and with like products of the domestic industry in the United States market.</content></subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <heading class="inline">CBI <inline class="smallCaps">exception</inline>.—</heading> <content class="inline">Solely for purposes of determining material injury, or the threat thereof, by reason of imports which are products of a country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the volume and effect of imports from such country may only be cumulatively assessed with imports of like products from one or more other countries designated as beneficiary countries.”.</content></subclause> </clause> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Threat of Material Injury</inline>.—</heading> <content>Section 771(7)(F)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(F)(iv)) is amended by striking out “<quotedText>(C)(v),</quotedText>” and inserting “<quotedText>(C)(iv)(II) and (v),</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1677">19 USC 1677 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by subsections (a) and (b) apply with respect to investigations (including investigations regarding products of Canadian origin) initiated under section 702 or 732 of the Tariff Act of 1930 on or after the date of the enactment of this Act.</content> </subsection> </section> <section> <num value="225">SEC. 225. </num> <heading class="inline">ETHYL ALCOHOL.</heading> <content>Section 7(b) of the Steel Trade Liberalization Program Implementation Act (19 U.S.C. 2703 note) is amended by striking out ‘calendar years 1990 and 1991.” and inserting “<quotedText>calendar years after 1989.</quotedText>”.</content> </section> <section> <num value="226">SEC. 226. </num> <heading class="inline">CONFORMING AMENDMENT.</heading> <content>Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The duty-free treatment provided under section 501 shall apply to any eligible article which is the growth, product, or manufacture of a beneficiary developing country if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">that article is imported directly from a beneficiary developing country into the customs territory of the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the sum of (i) the cost or value of the materials produced in the beneficiary developing country or any 2 or more countries which are members of the same association of countries which is treated as one country under section 502(a)(3), plus (ii) the direct costs of processing operations performed in such beneficiary developing country or such member countries is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> <chapeau class="inline">The Secretary of the Treasury, after consulting with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this subsection, including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this title, an article must be wholly the growth, product, or manufacture of a beneficiary developing country, or must be a new or different article of commerce which has been grown, produced, or manufactured in the beneficiary developing country; but no article or material of a beneficiary developing country shall be eligible for such treatment by virtue of having merely undergone—</chapeau> <page identifier="/us/stat/104/661">104 STAT. 661</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>simple combining or packaging operations, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="227">SEC. 227. </num> <heading class="inline">REQUIREMENT FOR INVESTMENT OF SECTION 936 FUNDS IN CARIBBEAN BASIN COUNTRIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <content>Paragraph (4) of section 936(d) of the Internal Revenue Code of 1986 (relating to investment in Caribbean Basin <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s936">26 USC 936</ref>.</p></sidenote>countries) is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading class="inline"><inline class="smallCaps">Requirement for investment in Caribbean basin countries</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content class="inline">For each calendar year, the government <sidenote><p class="indent0 firstIndent0 fontsize8">Puerto Rico.</p></sidenote>of Puerto Rico shall take such steps as may be necessary to ensure that at least $100,000,000 of qualified Caribbean Basin country investments are made during such calendar year.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <heading class="inline"><inline class="smallCaps">Qualified Caribbean basin country investment</inline>.—</heading> <chapeau class="inline">For purposes of clause (i), the term ‘qualified Caribbean Basin country investment’ means any investment if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">the income from such investment is treated as qualified possession source investment income by reason of subparagraph (A), and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">such investment is not (directly or indirectly) a refinancing of a prior investment (whether or not such prior investment was a qualified Caribbean Basin country investment).”</content> </subclause> </clause> </subparagraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendment made by subsection (a) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s936">26 USC 936 note</ref>.</p></sidenote>shall apply to calendar years after 1989.</content> </subsection> </section> </part> </subtitle> <subtitle> <num value="C">Subtitle C—</num><sidenote><p class="indent0 firstIndent0 fontsize8">State and local governments.</p><p class="indent0 firstIndent0 fontsize8">Schools and colleges.</p></sidenote> <heading class="inline">Scholarship Assistance and Tourism Promotion</heading> <section> <num value="231">SEC. 231. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s226">20 USC 226</ref>.</p></sidenote> <heading class="inline">COOPERATIVE PUBLIC AND PRIVATE SECTOR PROGRAM FOR PROVIDING SCHOLARSHIPS TO STUDENTS FROM THE CARIB-BEAN AND CENTRAL AMERICA.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Statement of Purpose</inline>.—</heading> <chapeau>It is the purpose of this section to encourage the establishment of partnerships between State governments, universities, community colleges, and businesses to support scholarships for talented socially and economically disadvantaged students from eligible countries in the Caribbean and Central America to study in the United States in order to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>improve the diversity and quality of educational opportunities for such students;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>assist the development efforts of eligible countries by providing training and educational assistance to persons who can help address the social and economic needs of these countries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>expand opportunities for cross-cultural studies and exchanges and improve the exchange of understanding and principles of democracy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>promote positive and productive relationships between the United States and its neighbor countries in the Caribbean and Central American regions;</content> </paragraph> <page identifier="/us/stat/104/662">104 STAT. 662</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>give added visibility and focus to the “scholarship diplomacy” efforts of the United States Government by leveraging the monies available for this purpose through the development of partnerships among Federal, State, and local governments and the business and academic communities; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>promote community involvement with the scholarship program as a tool for broadening and strengthening the “<quotedText>American experience</quotedText>” for foreign students.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Establishment of Scholarship Program</inline>.—</heading> <content>The Administrator of the Agency for International Development shall establish and administer a program of scholarship assistance, in cooperation with State governments, universities, community colleges, and businesses, to provide scholarships to enable socially and economically disadvantaged students from eligible countries in the Carib-bean and Central America to study in the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Grants to States</inline>.—</heading> <content>In carrying out this section, the Administrator may make grants to States to provide scholarship assistance for undergraduate degree programs and for training programs of one year or longer in study areas related to the critical development needs of the students’ respective countries.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Agreement With States</inline>.—</heading> <content>The Administrator and each participating State shall agree on a program regarding the educational opportunities available within the State, the selection and assignment of scholarship recipients, and related issues. To the maximum extent practicable, each State shall be given flexibility in designing its program.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Federal Share</inline>.—</heading> <content>The Federal share for each year for which a State receives payments under this section shall be not less than 50 percent.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Non-Federal Share</inline>.—</heading> <content>The non-Federal share of payments under this section may be in cash, including the waiver of tuition or the offering of in-State tuition or housing waivers or subsidies, or in-kind fairly evaluated, including the provision of books or supplies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Forgiveness of Scholarship Assistance</inline>.—</heading> <content>The obligation of any recipient to reimburse any entity for any or all scholarship assistance provided under this section shall be forgiven upon the recipient’s prompt return to his or her country of domicile for a period which is at least one year longer than the period spent studying in the United States with scholarship assistance.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Private Sector Participation</inline>.—</heading> <content>To the maximum extent practicable, each participating State shall enlist the assistance of the private sector to enable the State to meet the non-Federal share of payments under this section. Wherever appropriate, each participating State shall encourage the private sector to offer internships or other opportunities consistent with the purposes of this section to students receiving scholarships under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Funding</inline>.—</heading> <content class="inline">Any funds used in carrying out this section shall be derived from funds allocated for Latin American and Caribbean regional programs under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; relating to the economic support fund).</content></subsection> <subsection class="indent0 fontsize10" ><num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>As used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">The term “eligible country” means any country—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which is receiving assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) or chapter 4 <page identifier="/us/stat/104/663">104 STAT. 663</page>of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>which is designated by the President as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.</content> </paragraph> </subsection> </section> <section> <num value="232">SEC. 232. </num> <heading class="inline">PROMOTION OF TOURISM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Congressional Finding</inline>.—</heading> <content>The Congress finds that the tourism industry must be recognized as a central element in the economic development and political stability of the Caribbean Basin region because of the potential that the industry has for increasing employment and foreign exchange earnings, establishing important link-ages with other related sectors, and having a positive complementary effect on trade with the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Federal Agency Priority</inline>.—</heading> <content>It is the sense of the Congress that increased tourism and related activities should be developed in the Caribbean Basin region as a central part of the Caribbean Basin Initiative program and, to that end, the appropriate agencies of the United States Government should assign a high priority to projects that promote the tourism industry in the Caribbean Basin.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <chapeau>The Secretary of Commerce shall complete the study begun in 1986 regarding tourism development strategies for the Caribbean Basin region. The study shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>information on the mutual benefits received by the United States and the Caribbean Basin economies as a result of tourist activity in the area; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>proposals for developing increased linkages between the tourism industry and local industries in the region such as the agrobusiness.</content> </paragraph> </subsection> </section> <section> <num value="233">SEC. 233. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s2071">19 USC 2071 note</ref>.</p></sidenote> <heading class="inline">PILOT PRECLEARANCE PROGRAM.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Program</inline>.—</heading> <content>Subject to subsection (b), the Commissioner of Customs shall carry out, during fiscal years 1991 and 1992, preclearance operations at a facility of the United States Customs Service in a country within the Caribbean Basin which the Commissioner of Customs considers appropriate for testing the extent to which the availability of preclearance operations can assist in the development of tourism.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Restrictions Regarding Program</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Commissioner of Customs may not consider a country within the Caribbean Basin to be appropriate for the testing referred to in subsection (a) if preclearance operations are currently carried out by the United States Customs Service in that country.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Preclearance operations may not be commenced in the country selected for testing under subsection (a) unless the Commissioner of Customs and the Commissioner of Immigration and Naturalization jointly certify that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>there exists a bilateral agreement between the United States Government and the government of such country which protects the interests of the United States and af-<page identifier="/us/stat/104/664">104 STAT. 664</page>fords diplomatic protection to United States employees working at the preclearance location;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the facilities at the preclearance location conform to Federal Inspection Services standards and are suitable for the duties to be performed therein;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>there is adequate security around the structure used for the reception of international arrivals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the government of such country grants the United States Customs Service and the United States Immigration and Naturalization Service appropriate search, seizure, and arrest authority; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>United States employees and their families will not be subject to fear of reprisal, acts of terrorism, and threats of intimidation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Aruba.</p><p class="indent0 firstIndent0 fontsize8">Jamaica.</p></sidenote> <content>In determining the country in which to establish the operation described in paragraph (1), the Commissioner of Customs and the Commissioner of Immigration and Naturalization shall first determine the viability of establishing such operations in <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>either Aruba or Jamaica. If the Commissioners determine, after full consultation with the governments of such countries, that it is not viable to establish preclearance operations in either Aruba or Jamaica, they shall so report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, including an explanation of how this determination was reached. Such report shall be submitted to those Committees within six months after the date of the enactment of this Act. Following the submission of such a report, the Commissioners shall take all necessary steps, consistent with the requirements of this section, to establish such operations in another country.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <chapeau class="inline">As soon as practicable after September 30, 1992, the Commissioner of Customs shall submit to the Congress a report regarding the preclearance operations program carried out under subsection (a). The report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a summary of the preclearance operations, including the number of individuals processed, any administrative problems encountered, and cost of the operations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">an evaluation of the extent to which the preclearance operations contributed to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the stimulation of the tourism industry of the country concerned, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>expedited customs processing at United States ports of entry;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the opinion of the Commissioner of Customs regarding the efficacy of extending preclearance operations to other countries within the Caribbean Basin that are developing tourism industries, and if the opinion is affirmative, the identity of those countries to which such operations should be extended and the estimated costs and results of such extensions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>such other matters that the Commissioner of Customs considers relevant.</content> </paragraph> </subsection> </section> </subtitle> <page identifier="/us/stat/104/665">104 STAT. 665</page> <subtitle> <num value="D">Subtitle D—</num> <heading class="inline">Miscellaneous Provisions</heading> <section> <num value="241">SEC. 241. </num> <heading class="inline">TRADE BENEFITS FOR NICARAGUA.</heading> <content>Notwithstanding any other provision of law, the President is <sidenote><p class="indent0 firstIndent0 fontsize8">President of U.S.</p></sidenote>authorized to designate Nicaragua as a beneficiary developing country for the purposes of title V of the Trade Act of 1974, as amended, and as a beneficiary country under the Caribbean Basin Economic Recovery Act, and any such designation may remain effective for the duration of the calendar year 1990.</content> </section> <section> <num value="242">SEC. 242. </num> <heading class="inline">AGRICULTURAL INFRASTRUCTURE SUPPORT.</heading> <content>It is the sense of Congress that in order to facilitate trade with, and the economic development of, the countries designated as beneficiary countries under the Caribbean Basin Economic Recovery Act, the Secretary of Agriculture should, in consultation with the Agribusiness Promotion Council, coordinate with the Agency for International Development the development of programs to encourage improvements in the transportation and cargo handling infrastructure in these countries for the purpose of improving agricultural trade between these countries and the United States. Such programs should focus on improving distribution of agricultural commodities and products in these countries, and the phytosanitary institutions, quarantine capabilities, and pesticide regulations of these countries regarding agricultural commodities and products.</content> </section> <section> <num value="243">SEC. 243. </num> <heading class="inline">EXTENSION OF TRADE BENEFITS TO THE ANDEAN REGION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>United States antinarcotics policy places a high priority on assisting the nations of the Andean region of South America, the source of 100 percent of the world’s supply of cocaine.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The President and Congress have recognized that United States trade and economic policies play an important role in the overall United States antidrug strategy in the Andes.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The extension of special trade preferences for articles from the Andean region would help revitalize the national economies of the Andes and further United States antinarcotics policy in the region.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Sense of Congress</inline>.—</heading> <chapeau>The Congress urges the President to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>review the merits of extending the benefits provided under the Caribbean Basin Economic Recovery Act to the Andean region; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>continue to explore additional mechanisms to expand trade opportunities for the Andean region, and report to Congress in a regular and timely fashion on the result of this review.</content> </paragraph> </subsection> </section> </subtitle> <num value="III">TITLE III—</num> <heading class="inline">TARIFF PROVISIONS</heading> <section> <num value="301">SEC. 301. </num> <heading class="inline">REFERENCE.</heading> <content>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 chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, head-<page identifier="/us/stat/104/666">104 STAT. 666</page>ing, subheading, or other provision of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007).</content> </section> <subtitle> <num value="A">Subtitle A—</num> <heading class="inline">Temporary Suspensions and Reductions in Duties</heading> <part> <num value="1">PART 1—</num> <heading class="inline">NEW DUTY SUSPENSIONS AND TEMPORARY REDUCTIONS</heading> <section> <num value="311">SEC. 311. </num> <heading class="inline">CASTOR OIL AND ITS FRACTIONS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.15.15</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Castor oil and its fractions (provided for in subheading 1515.30.20 or 1515.30.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="312">SEC. 312. </num> <heading class="inline">CERTAIN JAMS. PASTES AND PUREES, AND FRUIT JELLIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Subchapter II of chapter 99 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by adding at the end of the U.S. notes thereto the following: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="10">“10. </num> <content class="inline">The column 1 rate of duty for goods entered under heading 9902.20.07 is a rate that would have applied for such goods if they had been entered at the column 1 rate of duty under the former Tariff Schedules of the United States (19 U.S.C. 1202) on December 31, 1988, unless otherwise proclaimed by the President before December 31, 1992.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.20.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Jams, pastes, and purees, and fruit jellies, the foregoing of peaches, apricots, raspberries, or cherries (provided for in subheading 2007.99)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">The rate prescribed in U.S. note 10 to this subchapter</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If before December 31, 1992, the President determines that appropriate trade concessions, including the correction of errors and oversights in foreign tariff schedules, have been obtained, the President may proclaim such modifications to the column 1 rates of duty on jams, pastes, and purees, and fruit jellies falling under subheading 2007.99, as are necessary and appropriate to restore with respect to such goods the tariff treatment that applied under the former Tariff Schedules of the United States (19 U.S.C. 1202) on December 31, 1988.</content> </subsection> </section> <page identifier="/us/stat/104/667">104 STAT. 667</page> <section> <num value="313">SEC. 313. </num> <heading class="inline">MERCURIC OXIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.28.25</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Mercuric oxide (provided for in subheading 2825. 90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </content> </section> <section> <num value="314">SEC. 314. </num> <heading class="inline">1,5-NAPHTHALENE DIISOCYANATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1,5-Naphthalene diisocyanate (provided for in subheading 2929.90.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="315">SEC. 315. </num> <heading class="inline">2,3,6-TRIMETHYLPHENOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.08</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,8.6-Trimethylphenol (provided for in subheading 2907.29.30).</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="316">SEC. 316. </num> <heading class="inline">HYYDROXYBENZALDEHYDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.09</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">pHydroxybenzaldehyde (provided for in subheading 2912.49.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="317">SEC. 317. </num> <heading class="inline">DMBS AND HPBA.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.10</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4. 4- Isopropylidenedicyclohexanol (CAS No. 80–04–6) (provided for in subheading 2906.19.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”;</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom">and</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.30.83</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Bis-O-[(4- methylphenyDmethylene)-Dglucitol (CAS Noe. 54686–97–4 and 58956–31–3) (dimethylbenzylidene sorbitol) (provided for in subheading 2932.90.41)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”;</td> </tr> </tbody> </table> </quotedContent> </content> </section> <page identifier="/us/stat/104/668">104 STAT. 668</page> <section> <num value="318">SEC. 318. </num> <heading class="inline">MBEP.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.11</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-(1,1 -Dimethylethyl)-4-ethylphenol (CAS No. 96–70–8) (provided for in subheading 2907.19.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="319">SEC. 319. </num> <heading class="inline">6-tBUTYL-2.4-XYLENOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902. 30.12</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6-tButyl-2,4-xylenol (provided for in subheading 2907.19.50).</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="320">SEC. 320. </num> <heading class="inline">4,4’-METHYLENEBIS(2,6-DlMETHYLPHENYLCYANATE).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902. 30.13</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4. 4’ -Methylenebis-(2,6- dimethylphenylcyanate) (provided for in subheading 2907.29.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="321">SEC. 321. </num> <heading class="inline">NEVILLEWINTER ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.14</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l-Naphthol-4-eulfonic acid and its monosodium salt (CAS Nos. 84–87–7 and 6099–57–6) (provided for in subheading 2908.20.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="322">SEC. 322. </num> <heading class="inline">7-HYDROXY-1,3-NAPHTHALENEDISULFON1C ACID. DIPOTASSIUM SALT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.15</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7-Hvdroxyl,3- naphthalenedisulfonic acid, di potassium salt (CAS No. 842–18–2) (provided for in subheading 2908.20.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="323">SEC. 323. </num> <heading class="inline">7-ACETYL-l,1,3,4,4,6-HEXAMETHYLTETRAHYDRONAPHTHALENE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/669">104 STAT. 669</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.16</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7-Acetyl-l,l,3,4,4,6-hexamethyltetrahydronaphthalene (provided for in subheading 2914.30.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="324">SEC. 324. </num> <heading class="inline">ANTHRAQUINONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.17</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Anthraquinone (provided for in subheading 2914.61.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </content> </section> <section> <num value="325">SEC. 325. </num> <heading class="inline">1.4-DIHYDROXYANTHRAQUINONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.18</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1,4-Dihydroxyanthraquinone (CAS No. 81–64–1) (provided for in subheading 2914.69.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="326">SEC. 326. </num> <heading class="inline">2-ETHYLANTHRAQUINONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.19</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-Ethylanthraquinone provided for in subheading 2914.69.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="327">SEC. 327. </num> <heading class="inline">CHLORHEXANONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.20</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1-Chloro-5-hexanone (CAS No. 10226–30–9) (provided for in subheading 2914.70.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="328">SEC. 328. </num> <heading class="inline">3-AMINOPROPANOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new subheading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.21</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3-Aminopropanol (CAS No. 156–87–6) (provided for in subheading 2922.19.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="329">SEC. 329. </num> <heading class="inline">NAPHTHALIC ACID ANHYDRIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/670">104 STAT. 670</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.22</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Naphthalic acid anhydride (provided for in sub-heading 2917.39.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="330">SEC. 330. </num> <heading class="inline">DIFLUNISAL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.23</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2’,4’-Difluoro-4-hydroxy-3- biphenylcarboxylic acid (Diflunisal) (provided for in subheading 2918.29.40).</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="331">SEC. 331. </num> <heading class="inline">DIPHENOLIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.24</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4,4-Bis(4-hydroxyphenyl)-pentanoic acid (CAS No. 126–00–1) (provided for in subheading 2918.29.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </content> </section> <section> <num value="332">SEC. 332. </num> <heading class="inline">6-HYDROXY-2-NAPHTHOIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.25</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6-Hydroxy-2-naphthoic acid (CAS No. 16712–64–4) (provided for in sub-heading 2918.29.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="333">SEC. 333. </num> <heading class="inline">METHYL AND ETHYL PARATHION.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.26</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">0,0-Diethyl-0-(4- nitrophenyl) phosphorothioate and 0,0-Dimethyl-0-(4-nitrophenyl) phosphorothioate (provided for in subheading 2920.10.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="334">SEC. 334. </num> <heading class="inline">N-METHYLANILINE AND M-CHLOROANILINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.27</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N-Methylaniline (provided for in subheading 2921.42.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.30.28</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">m-Chloroaniline (provided for in subheading 2921.42.50)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <page identifier="/us/stat/104/671">104 STAT. 671</page> <section> <num value="335">SEC. 335. </num> <heading class="inline">4,4’-METHYLENEBIS(3-CHLORO-2,6-DIETHYLANILINE).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.29</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4,4’-Methylenebis-(3- chloro-2,5-diethylaniline) (provided for in subheading 2921.42.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="336">SEC. 336. </num> <heading class="inline">4,4’-METHYLENEBIS(2,6-DIISOPROPYLANILINE).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902 30 30</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4,4’-Methylenebis-(2,6- diisopropylaniline) (provided for in subheading 2921.42.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="337">SEC. 337. </num> <heading class="inline">2-CHLORO-4-NITROANILINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.31</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-Chloro-4-nitroaniline (CAS No. 121–87–9) (provided for in subheading 2921.42.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="338">SEC. 338. </num> <heading class="inline">4-CHLORO-a,a,aTRIFLUORO-OTOLUIDINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.32</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4-Chloro-a,a,atrifluoro-otoluidine (CAS No. 445–03–4) (provided for in sub-heading 2921.43.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="339">SEC. 339. </num> <heading class="inline">TRIFLUOROMETHYLANILINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.33</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3-(Trifluoromethyl)- aniline (CAS No. 98–16–8) (mAminobenzotrifluoride) (provided for in subheading 2921.43.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="340">SEC. 340. </num> <heading class="inline">5-AMINO-2-NAPHTHALENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.34</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">5-Amino-2-naphthalenesulfonic acid (CAS No. 119–79–9) (provided for in subheading 2921.45.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/672">104 STAT. 672</page> <section> <num value="341">SEC. 341. </num> <heading class="inline">7-AMINO-1,3-NAPHTHALENEDISULFONIC ACID, MONOPOTASSIUM SALT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.35</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7-Amino-13-naphthalenediaulfonic acid, monopotassium salt (CAS No. 842–15–9) (provided for in subheading 2921.45.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="342">SEC. 342. </num> <heading class="inline">4-AMINOLNAPHTHALENESULFONIC ACID, SODIUM SALT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.36</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4-Amino-1-naphthalenesulfonic acid, sodium salt (CAS No. 130–13–2) (provided for in subheading 2921.45.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="343">SEC. 343. </num> <heading class="inline">8-AMINO-2-NAPHTHALENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.37</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">8-Amino-2-naphthalenesulfonic acid (CAS No. 119–28–8) (provided for in subheading 2921.45.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="344">SEC. 344. </num> <heading class="inline">MIXTURES OF 5- AND 8-AMINO-2-NAPHTHALENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.38</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Mixtures of 5- and 8- amino-2-naphthalenesuifonic acid (CAS No. 119–28–8) (provided for in subheading 2921.45.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="345">SEC. 345. </num> <heading class="inline">1-NAPHTHYLAMINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.39</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1-Naphthylamine (CAS No. 134–32–7) (provided for in subheading 2921.45.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="346">SEC. 346. </num> <heading class="inline">6-AMINO-2-NAPHTHALENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/673">104 STAT. 673</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.40</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6-Amino-2-naphthaleneeulfonic acid (CAS No. 93–00–5) (provided for in subheading 2921.45.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="347">SEC. 347. </num> <heading class="inline">BROENNER’S ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.41</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-Naphthylamine-6- sulfonic acid (CAS No. 93–00–5) (provided for in subheading 2921.45.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="348">SEC. 348. </num> <heading class="inline">D SALT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.42</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-Naphthylaminel,5-disulfonic acid and its monosodium salt (CAS Noe. 117–62–4 and 19532–03–07) (provided for in subheading 2921.45.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="349">SEC. 349. </num> <heading class="inline">2,4-DIAMINOBENZENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.43</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,4- Diaminobenzenesulfonic acid (CAS No. 88–63–1) (provided for in subheading 2921.51.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="350">SEC. 350. </num> <heading class="inline">PARAMINE ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.44</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1,4-Diaminobenzene-2-sulfonic acid (CAS No. 88–45–9) (provided for in subheading 2921.59.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="351">SEC. 351. </num> <heading class="inline">TAMOXIFEN CITRATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.45</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tamoxifen citrate (provided for in subheading 2922.19.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/674">104 STAT. 674</page> <section> <num value="352">SEC. 352. </num> <heading class="inline">K-ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.46</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1-Amino-8-hydroxy-4,6-naphthalenedisulfonic acid, monosodium salt (CAS No. 85294–32–2) (provided for in subheading 2922.21.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="353">SEC. 353. </num> <heading class="inline">OANISIDINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.47</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l-Amino-2- methoxybenzene (oAnisidine) (CAS No. 90–04–0) (provided for in subheading 2922.22.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="354">SEC. 354. </num> <heading class="inline">2-AMINO-4-CHLOROPHENOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.48</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-Amino-4-chlorophenol (CAS No. 95–85–2) (provided for in subheading 2922.29.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="355">SEC. 355. </num> <heading class="inline">ORNITHINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.49</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">L-Ornithine, ethyl ester (L-2,5-Diaminopentanoic acid, ethyl ester) (CAS No. 84772–29–2) (provided for in subheading 2922.49.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="356">SEC. 356. </num> <heading class="inline">CLENTIAZIM.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.50</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(+) cis-(2s,3s)-3-(Acetoxy)- 8-chloro-5-[2- (dimethylamino)- ethyl}-2,3-dihydro- 2-(4-methoxypheny1 )- 1,5-benzothiazepin- 4(5H) one maleate (provided for in subheading 2934.90.25)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/675">104 STAT. 675</page> <section> <num value="357">SEC. 357. </num> <heading class="inline">7-ANILINO-4-HYDROXY-2-NAPHTHALENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.51</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7-Anilino-4-hydroxy-2-naphthalenesulfonic acid (CAS No. 119–40–4) (provided for in subheading 2922.29.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="358">SEC. 358. </num> <heading class="inline">l,4-DIAMINO-2,3-DIHYDROANTHRAQUINONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.52</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l,4-Diamino-2,3- dihydroanthraquinone (CAS No. 81–63–0) (provided for in subheading 2922.30.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="359">SEC. 359. </num> <heading class="inline">TFA LYS PRO IN FREE BASE AND TOSYL SALT FORMS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.53</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">TrifluoroacetylL-lysineL- proline in free base and tosyl salt forms (provided for in subheadings 2933.90.50 and 2933.90.37, respectively)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="360">SEC. 360. </num> <heading class="inline">4-FLUORO-3-PHENOXYBENZALDEHYDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.54</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4-Fluoro-3-phenoxybenzaldehyde (provided for in subheading 2913.00.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="361">SEC. 361. </num> <heading class="inline">1-AMINO-2-BROMO-4-HYDROXYANTHRAQUINONE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.55</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l-Amino-2-bromo-4- hydroxyanthraquinone (CAS No. 116–82–5) (provided for in subheading 2922.50.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="362">SEC. 362. </num> <heading class="inline">ADC-6.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/676">104 STAT. 676</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.56</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3-Amino-2-(lhydroxethyl)pentanedioic acid, 5-methyl eater (provided for in subheading 2922.50.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="363">SEC. 363. </num> <heading class="inline">LCARNITINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.57</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">L-Carnitine (provided for in subheading 2923.90.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="364">SEC. 364. </num> <heading class="inline">QUIZALOFOPETHYL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.58</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-[4-[(6-Chloro-2- quinoxalinyl)oxy]- phenoxy]propionic acid, ethyl ester (Quizalofopethyl) (provided for in subheading 2933.90.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="365">SEC. 365. </num> <heading class="inline">ACETOACETPARA-TOLUIDIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.59</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Acetoacetparatoluidide (provided for in subheading 2924.29.09)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="366">SEC. 366. </num> <heading class="inline">NAPHTHOL AS TYPES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30 60</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3-Hydroxy-2- naphthanilide (CAS No. 92–77–3); 3-Hydroxy-2-naphthoo-toluidide (CAS No. 135–61–5); 3-Hydroxy- 2-naphthoo-anisidide (CAS No. 135–62–6); 3-Hydroxy-2-naphthoo-phenetidide (CAS No. 92–74–0); 3-ydroxy-2-naphtho-4-chloro-2,5-dimethoxyanilide (CAS No. 4273–92–1); and N.N’- Bis(acetoacetylotoluidine) (CAS No. 91–96–3) (provided for in sub-heading 2924.29.14)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="367">SEC. 367. </num> <heading class="inline">DILTIAZEM HYDROCHLORIDE, AND SUSTAINED RELEASE DILTIAZEM HYDROCHLORIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/677">104 STAT. 677</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.61</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Diltiazem hydrochloride (provided for in subheading 2934.90.25, 3003.90.00, or 3004.90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="368">SEC. 368. </num> <heading class="inline">ANIS BASE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.62</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3-Aminomethoxybenzanilide (provided for in subheading 2924.29.25)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="369">SEC. 369. </num> <heading class="inline">ACETOACETSULFANILIC ACID, POTASSIUM SALT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.63</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Acetoacetsulfanilic acid, potassium salt (provided for in subheading 2924.29.44)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="370">SEC. 370. </num> <heading class="inline">IOHEXOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.64</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N,N’-Bis(2,3-dihydroxypropyl)-5-[N- (2,3-dihydroxypropy1) acetamido]-2.4,6-triiodoisophthalamide (lohexol) (provided for in subheading 2924.29.44)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 9/30/91</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="371">SEC. 371. </num> <heading class="inline">IOPAMIDOL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.65</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">lopamidol (provided for in subheading 2924.29.44)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 9/30/91</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="372">SEC. 372. </num> <heading class="inline">IOXAGLATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.66</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N-(2-Hydroxyethyl )-2,4,6- triiodo-5-[2-(2,4,6-triiodo-3- (Nmethylacet-amido)-5- (methylcarbamoyl)benzamido)acetamido)- isophthalamic acid (Ioxaglic acid) (provided for in subheading 2924.29.44)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 9/30/91</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/678">104 STAT. 678</page> <section> <num value="373">SEC. 373. </num> <heading class="inline">4-AMINOACETANILIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.67</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4-Aminoacetanilide (CAS No. 122–80–5) (provided for in subheading 2924.29.45)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="374">SEC. 374. </num> <heading class="inline">DCARBOXAMIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.68</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,2-Dimethylcyclopropylcarboxamide (provided for in subheading 2924.29.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="375">SEC. 375. </num> <heading class="inline">2,6-DICHLOROBENZONITR1LE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.69</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,6-Dichlorobenzonitrile (provided for in subheading 2926.90.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">With Inerts</inline>.—</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.38.14</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Mixtures of 2,6-dichlorobenzonitrile and inerts (provided for in subheading 3808.30.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> </section> <section> <num value="376">SEC. 376. </num> <heading class="inline">OCTADECYL ISOCYANATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.70</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Octadecyl isocyanate (provided for in subheading 2929.10.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="377">SEC. 377. </num> <heading class="inline">1,6-HEXAMETHYLENE DIISOCYANATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.71</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1,6-Hexamethylene diisocyanate (provided for in subheading 2929.10.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7. 9%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change (E, IL) Free (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/679">104 STAT. 679</page> <section> <num value="378">SEC. 378. </num> <heading class="inline">1,1-ETHYLIDENEBIS(PHENYL-4-CYANATE).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.72</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1,1 -Ethylidenebis-(phenyl- 4-cyanate/ (provided for in subheading 2929.90.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="379">SEC. 379. </num> <heading class="inline">2,2-BIS(4-CYANATOPHENYLl,l,13,3,3-HEXAFLUOROPROPANE).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.73</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,2’-Bis(4-cyanatophenyl)- 1,1,1,3,3,3- hexafluoropropane (CAS No. 32728–27–1) (provided for in subheading 2929.90.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="380">SEC. 380. </num> <heading class="inline">4,4’-THIODIPHENYL CYANATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.74</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4,4-Thiodiphenyl cyanate (provided for in subheading 2930.90.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="381">SEC. 381. </num> <heading class="inline">2-((4-AMINOPHENYL)SULFONYL]ETHANOL, HYDROGEN SULFATE ESTER</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.7</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-[(4-Aminophenyl)-sulfonyl]ethanol, hydro-gen sulfate ester (CAS No. 2494–89–5) (provided for in subheading 2930.90.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="382">SEC. 382. </num> <heading class="inline">DIMETHOATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.76</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">0,0-DimethylS- methylcarbamoylmethyl phosphorodithioate (provided for in subheading 2930.90.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="383">SEC. 383. </num> <heading class="inline">DIPHENYLDICHLOROSILANE AND PHENYLTRICHLOROSILANE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/680">104 STAT. 680</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.77</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Diphenyldichlorosilane and phenyltrichlorosilane (provided for in subheading 2931.00.40).</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="384">SEC. 384. </num> <heading class="inline">BENDIOCARB.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.78</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,2-Dimethyll,3- benzodioxol-4-yl methylcarbamate (Bendiocarb) (provided for in subheading 2932.90.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="385">SEC. 385. </num> <heading class="inline">RHODAMINE 2C BASE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.79</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Rhodamine 2C base (CAS No. 41382–37–0) (provided for in subheading 2932.90.45)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="386">SEC. 386. </num> <heading class="inline">2,5-DICHLORO-4-(3-METHYL-5-OXO-2-PYRAZOLlNl-YL)-BENZENESULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.80</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,5-Dichloro-4-(3-methyl-5- oxo-2-pyrazolinl-yl)- benzenesulfonic acid (CAS No. 84–57–1) (provided for in subheading 2933.19.42)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="387">SEC. 387. </num> <heading class="inline">CIPROFLOXACIN HYDROCHLORIDE. CIPROFLOXACIN, AND NIMODIPINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.81</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Nimodipine (provided for in subheading 2933.39.35)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.30.82</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ciprofloxacin and its hydrochloride salt (provided for in subheading 2933.59.27)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="388">SEC. 388. </num> <heading class="inline">BPIP.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.83</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N ,N’-Bis(2,2,6,6- tetramethyl-4-piperadinyl)-l,6-hexanediamine</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> </tbody> </table> <page identifier="/us/stat/104/681">104 STAT. 681</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(CAS No. 612–55–7) (provided for in subheading 2933.39.47)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="389">SEC. 389. </num> <heading class="inline">FENOFIBRATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.0 84</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2-[4-(4-Chlorobenzoyl)phenoxy]- 2-metnylpropanoic acid, isopropyl ester (Fenofibrate) (provided for in subheading 3004.90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="390">SEC. 390. </num> <heading class="inline">NORFLOXACIN.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.85</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l-Ethyl-6-fluoro- 1,4-dinydro-4-oxo- 7-(lpiperazinyl)-3- quinolinecarboxylic acid (Norfloxacin) (provided for in subheading 2933.59.27)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="391">SEC. 391. </num> <heading class="inline">6-METHYLURACIL.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.86</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6-Methyluracil (provided for in subheading 2933.59.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="392">SEC. 392. </num> <heading class="inline">2.4-DIAMINO-6-PHENYL-1,3,5-TRIAZINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.87</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2,4-Diamino-6-phenyl- 1,3,5-triazine (provided for in subheading 2933.69.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="393">SEC. 393. </num> <heading class="inline">AMILORIDE HYDROCHLORIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.88</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">NAmidino-3,5-diamino-6- chloropyrazine monohydrochloride dihydrate (Amiloride hydrochloride) (provided for in subheading 2933.90.36)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/682">104 STAT. 682</page> <section> <num value="394">SEC. 394. </num> <heading class="inline">TRIMETHYL BASE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.88</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l,3,3-Trimethyl-2- methyleneindoline (CAS No. 118–12–7) (provided for in subheading 2933.90.39)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="395">SEC. 395. </num> <heading class="inline">ALA PRO.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.90</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">L-Alanyl-Lproline (provided for in subheading 2933.90.50).</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="396">SEC. 396. </num> <heading class="inline">THIOTHIAMINE HYDROCHLORIDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.91</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Thiothiamine hydrochloride (CAS No. 2443–50–7) (provided for in subheading 2934.10.10 or 2934.10.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="397">SEC. 397. </num> <heading class="inline">ETHYL 2-(2-AMINOTHIAZOL-4-YL)-2-HYDROXYIMINOACETATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.92</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ethyl 2-(2-aminothiazol-4- yl)-2-hydroxyiminoacetate (provided for in subheading 2934.10.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="398">SEC. 398. </num> <heading class="inline">ETHYL 2-(2-AMINOTHIAZOL-4-YL).2-METHOXYIMINOACETATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">990.230.93</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ethyl 2-(2-aminothiazol-4- yl)-2- methoxyiminoacetate (provided for in subheading 2934.10.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="399">SEC. 399. </num> <heading class="inline">7-NITRONAPHTH[l,2]-OXADIAZOLE-5-SULFONIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/683">104 STAT. 683</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.94</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7-Nitronaphth[l,2]- oxadiazole-5-sulfonic acid (CAS No. 84–91–3) (provided for in subheading 2934.90.06)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="400">SEC. 400. </num> <heading class="inline">CEFTAZIDIME TERTIARY BUTYL ESTER.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.95</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(6R,7R)-7-[(Z)-2-(2- Aminothiazol-4-yl)-2-[(2- tertbutoxycarbonyl]- prop-2-oxyimino]-acetamido)-3-(lpyridinium- methyl)ceph-3-em-4- carboxylate (provided for in subheading 2934.90.25)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="401">SEC. 401. </num> <heading class="inline">CHEMICAL INTERMEDIATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.96</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(6R,7R)-7-amino-3-chloro- 8-oxa-5-thial-azabicyclo[4.2.0]oct-2-ene- 2-carboxylic acid, (4-nitrophenyl)-methyl eater (provided for in subheading 2934.90.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="402">SEC. 402. </num> <heading class="inline">SULFACHLOROPYRIDAZINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.97</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Sulfachloropyridazine (provided for in subheading 2935.00.39)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="403">SEC. 403. </num> <heading class="inline">MIXED ORTHO/PARATOLUENESULFONAMIDES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.98</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Mixed ortho/para to-luenesulfonamides (provided for in subheading 2935 00 47)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="404">SEC. 404. </num> <heading class="inline">HERBICIDE INTERMEDIATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.30.99</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N-( 2,6- Dichloro-3- methylphenyl)-5-amino l,3,4-triazole-2- sulfonamide (provided for in subheading 2935.00.47)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/684">104 STAT. 684</page> <section> <num value="405">SEC. 405. </num> <heading class="inline">N-(4-(((2-AMINO-5-FORMYLl,4,5,6,7,8-HEXAHYDRO-4-OXO-6-PTERIDINYL)METHYL)AMINO)BENZOYL)-LGLUTAMIC ACID.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.00</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">N-(4-(((2-Amino-5-formyll,4,5,6,7,8-hexahydro-4- oxo-6- pteridinyl)- methyl)aminol)benzoyl)-Lglutamic acid (provided for in subheading 2936.29.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="406">SEC. 406. </num> <heading class="inline">THEOBROMINE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.01</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Theobromine (provided for in subheading 2939.90.10 or 2939.90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="407">SEC. 407. </num> <heading class="inline">(6R-(6a,7B(Z)))-7-(((2-AMINO-4-THIAZOLYL)((CARBOXYMETHOXY)IMINO)ACETYL)AMINO)-3- ETHENYL-8-OXO-5-THIAl-AZABICYCLO(4.2.0)OCT-2-ENE-2-CARBOXYLIC ACID (CEFIXIME).</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.02</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(6R-(6a,7B(Z)))-7-(((2-Amino-4-thiaxoly1)((carboxymethoxy)imino)acetyl)amino)-3-ethenyl-8- oxo-5-thial-azabicyclo(4.2.0)-oct-2-ene-2-carboxylic acid (Cefixime) (provided for in subheading 2941.90.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="408">SEC. 408. </num> <heading class="inline">TEICOPLANIN.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.03</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Teicoplanin (provided for in subheading 3003 20.00 or 3004.20.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="409">SEC. 409. </num> <heading class="inline">CARFENTANIL CITRATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.04</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Carfentanil citrate (provided for in subheading 3004.90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/685">104 STAT. 685</page> <section> <num value="410">SEC. 410. </num> <heading class="inline">CALCIUM ACETYLSALICYLATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Calcium acetylsalicylate, in bulk or put up in measured doses or in forms or packings for retail sale (provided for in subheadings 2918.22.60 and 3004.90.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="411A">SEC. 411A. </num> <heading class="inline">SUCRALFATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new subheading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Sucralfate (provided for in subheading 2940.00.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="411B">SEC. 411B. </num> <heading class="inline">1-[1-((4-CHLORO-2-(TRIFLUOROMETHYL)PHENYL)IMI.NO)-2-PROPOXYETHYLJl-HIMIDAZOLE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">l-[l-((4-Chloro-2- (trifluoromethyl)-phenyl)imino)-2-propoxyethyl}-l-H-imidazole (provided for in subheading 2933.29.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="411C">SEC. 411C. </num> <heading class="inline">COPPER ACETATE MONOHYDRATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">990.231.08</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Cupric acetate monohydrate (provided for in subheading 2915.29.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="411D">SEC. 411D. </num> <heading class="inline">0.0-DIMETHYLS-((4-OXOl,2,3-BENZOTRlAZIN-3-(4H)-YDMETHYLJPHOSPHORODITHIOATE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.09</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">0,0-DimethylS-[(4-oxo-1,2,3-benzotriazin-3-(4H)-yl)methyl)phoephorodithioate (provided for in subheading 2933.90.18)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="412">SEC. 412. </num> <heading class="inline">p-TOLUALDEHYDE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/686">104 STAT. 686</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.31.10</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">p-Tolualdehyde (provided tor in subheading 2912.29.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="413">SEC. 413. </num> <heading class="inline">CERTAIN ACID BLACK POWDER AND PRESSCAKE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Acid black 210 powder and presscake (CAS No. 11248444–3) (provided for in subheading 3204.12.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="414">SEC. 414. </num> <heading class="inline">PIGMENT RED 178.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Pigment red 178 (CAS No. 3049–71–6) (provided for in subheading 3204.17.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="415">SEC. 415. </num> <heading class="inline">PIGMENT RED 149 DRY AND PRESSCAKE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.08</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Pigment red 149 dry and pigment red 149 press-cake (CAS No. 4948–15–6) (provided for in subheading 3204.17.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="416">SEC. 416. </num> <heading class="inline">SOLVENT YELLOW 43.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.09</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Solvent yellow 43 (CAS No. 19126–99–6) (provided for in subheading 3204.19.15)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="417">SEC. 417. </num> <heading class="inline">SOLVENT YELLOW 44.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.10</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Solvent yellow 44 (CAS No. 2478–20–8) (provided for in subheading 3204.19.19)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="418">SEC. 418. </num> <heading class="inline">MODELING PASTES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/687">104 STAT. 687</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.34.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Modeling pastes (provided for in heading 3407.00.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="419">SEC. 419. </num> <heading class="inline">METAL OXIDE VARISTORS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.86.33</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Metal oxide varistors (provided for in subheading 8533.40.00, 8541.10.00 or 8541.50.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="420">SEC. 420. </num> <heading class="inline">CHEMICAL LIGHT ACTIVATOR BLENDS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.38.25</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Mixtures of dimethyl phthalate, tbutanol, hydrogen peroxide, and sodium salicylate (provided for in subheading 3823.90.29)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="421">SEC. 421. </num> <heading class="inline">POLYMIN P AND POLYMIN P HYDROCHLORIDE. AND POLYMIN SNA SO.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.39.08</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Polymin SNA 60 (CAS No. 28825–79–8) (provided for in subheading 3911.90.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom">and</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.39.10</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Polymin P and polymin P hydrochloride (provided for in subheading 3911.90.50)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="422">SEC. 422. </num> <heading class="inline">HYDROCARBON NOVOLAC CYANATE ESTER.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.39.11</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Hydrocarbon novolac cyanate ester (provided for in subheading 3911.90.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="423">SEC. 423. </num> <heading class="inline">THEATRICAL, BALLET. AND OPERATIC SCENERY. PROPERTIES. AND SETS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/688">104 STAT. 688</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.44.22</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Theatrical, ballet, and operatic scenery and properties, including sets (provided for in subheading 4421.90.90. 5907.00.10, 5907.00.90, 9701.10.00, 9706.00.00, or 9813.00.65)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="424">SEC. 424. </num> <heading class="inline">WICKER PRODUCTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.46.02</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Wicker products (provided for in subheading 4602.10.11, 4602.10.13, 4602.10.19, 4602.10.40, or 4602.10.50)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="425">SEC. 425. </num> <heading class="inline">CERTAIN PLASTIC WEB SHEETING.</heading> <chapeau>Subchapter II of chapter 99 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by adding at the end of the U.S. notes thereto the following new note: <quotedContent> <level class="indent0 fontsize10"> <num value="11">“11. </num> <chapeau class="inline">For purposes of heading 9902.56.03, the term ‘nonwoven fiber sheet’ means sheet comprising a highly uniform and random array of polyester fibers 1.5 to 3.0 denier, thermally bonded and calendered into a smooth surface web having—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>a thickness of 3.7 to 4.0 mils;</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>a basis weight of 2.5 oz. per sq. yd.;</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>a machine tensile strength of 30 lb. per sq. in. or greater;</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>a low cross-direction tensile (approximately ⅓ of MD tensile strength); and</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>a Frazier air permeability of 1.0 to 1.5 cfm per sq. ft.”; and</content> </subsection> </level> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.56.03</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Nonwoven fiber sheet (provided for in subheading 5603.00.90)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </section> <section> <num value="426">SEC. 426. </num> <heading class="inline">PROTECTIVE SPORTS APPAREL.</heading> <chapeau>Subchapter II of chapter 99 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by adding at the end of the U.S. notes thereto the following: <quotedContent> <level class="firstIndent1 fontsize10"> <num value="12">“12. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">For the purposes of subheading 9902.62.01—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>The term ‘sports clothing’ refers to:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>ice hockey pants, provided for in subheadings 6113.00, 6114.30, 6210.40, 6210.50, 6211.33 or 6211.43; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>other articles of sports wearing apparel which be-cause of their padding, fabric, construction, or other special features are specially designed to protect against injury (e.g., from blows, falls, road burns or fire).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The term ‘sports clothing’ does not include protective equipment for sports or games such as fencing masks and breast plates, shoulder pads, leg guards, chest protectors, elbow and knee pads, cricket pads and shin guards.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The column 1 general rate of duty for articles entered under heading 9902.62.01 is a rate equal to the column 1 rate of duty that <page identifier="/us/stat/104/689">104 STAT. 689</page>would have applied to such articles under the Tariff Schedules of the United States on December 31, 1988.”; and</content> </subsection> </level> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.62.01</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Sports clothing, however provided for in chapters 61 and 62</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">The rate of duty prescribed In US. note 12 to this subchapter</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </section> <section> <num value="427">SEC. 427. </num> <heading class="inline">1-SOINDOLENINE RED PIGMENT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.32.30</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Isoindolenine red pigment (CAS No. 71552–60–8) (provided for in sub-heading 3204.17.30)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="428">SEC. 428. </num> <heading class="inline">GRIPPING NARROW FABRICS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.58.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Fastener fabric tapes of man-made fibers (provided for in subheading 5806.10.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="429">SEC. 429. </num> <heading class="inline">IN-LINE ROLLER SKATE BOOTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.64.02</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Skating boots for use in the manufacture of in-line roller skates (provided for in subheading 6402.19.101</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="430">SEC. 430. </num> <heading class="inline">SELF-FOLDING COLLAPSIBLE UMBRELLAS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.66.01</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Self-folding telescopic shaft collapsible umbrellas chiefly used for protection against rain (provided for in subheading 6601.91.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/690">104 STAT. 690</page> <section> <num value="431">SEC. 431. </num> <heading class="inline">GLASS BULBS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.70.11</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Monochrome glass envelope; with both (1) gray, tinted, skirted faceplates, and (2) either a video dis-play diagonal of not more than 35.6 centimeters or a transmission level of 37 percent or less (provided tor in subheading 7011.20.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="432">SEC. 432. </num> <heading class="inline">DRINKING GLASSES WITH SPECIAL EFFECTS IN THE GLASS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.70.14</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Drinking glasses decorated with meta) flecking, glass pictorial scenes, or glass thread-like or ribbon-like effects, any of the foregoing embedded or introduced into the body of the glassware prior to its solidification; millefiori glassware (all of the foregoing provided for in subheading 7013.6.</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">6%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.70.15</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Drinking glasses colored prior to solidification, and characterized by random distribution of numerous bubbles, seeds, or stones, throughout the mass of the glass (provided for in subheading 7013.29.10 or 7013.29.20)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">20%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="433">SEC. 433. </num> <heading class="inline">CERTAIN GLASS FIBERS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.70.19</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Fiberglass rubber rein-forcing cord or yarn, made from electrically nonconductive continuous fiberglass filaments 9 microns in diameter or 10 microns in diameter and impregnated with resorcinol formaldehyde latex treatment for adhesion to polymeric compounds (provided for in subheading 7019.10.10, 7019.10.20, or 7019.10.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <page identifier="/us/stat/104/691">104 STAT. 691</page> <section> <num value="434">SEC. 434. </num> <heading class="inline">ARTICLES OF SEMIPRECIOUS STONES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.71.16</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Graded semiprecious stones (except rock crystal) strung temporarily for convenience of trans-port (provided for in sub-heading 7116.20.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.1%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="435">SEC. 435. </num> <heading class="inline">LUGGAGE FRAMES OF ALUMINUM.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.76.16</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Luggage frames of aluminum (provided for in sub-heading 7616.90.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </content></section> <section> <num value="436">SEC. 436. </num> <heading class="inline">MOLTEN-SALT-COOLED ACRYLIC ACID REACTORS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.84.19</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Molten-salt-cooled acrylic acid reactors and their associated parts, accessories and equipment (provided for in subheadings 8419.89.50. 8419.90.30 or 8419.90.90), when imported as an entirety</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="437">SEC. 437. </num> <heading class="inline">CERTAIN PAPER PRODUCTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.48.18</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Toilet paper, of cellulose webbing or webs of cellulose fibers, in roils of a width exceeding 15cm (provided for in subheading 4818.10.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">3.5%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.48.19</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Handkerchiefs, cleansing or facial tissues or towels, all the foregoing of cellulose webbing or webs of cellulose fibers, in rolls of a width exceeding 15cm (provided for in subheading 4818.20.00)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">3.5%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="438">SEC. 438. </num> <heading class="inline">IMPACT LINE PRINTERS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/692">104 STAT. 692</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.84.65</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Impact line printers using band drive mechanisms and which are capable of printing speeds of not less than 1.300 lines per minute (provided for in subheading 8471.92.65)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">3.75%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="439">SEC. 439. </num> <heading class="inline">MACHINES USED IN THE MANUFACTURE OF BICYCLE PARTS: CERTAIN BICYCLE PARTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.84.79</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Wheelbuilding, wheeltruing, rim punching, tire fitting and similar ma-chines suitable for use in the manufacture of wheels for bicycles (provided for in subheading 8479.89.90)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom">and</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.87.15</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Bicycle handlebar stems wholly of aluminum alloy (including their hardware of any material), valued over *2.15 each (provided for in subheading 8714.99.90).</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.87 16</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Bicycle handlebar stem rotor assemblies (provided for in subheading 8714.99.90)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="440">SEC. 440. </num> <heading class="inline">MOTOR VEHICLE PARTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.84.83</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Motor vehicle parts, provided for in subheading 7014.00.20 or heading 8483</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free (B) No change (A,C,E,JL)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before the date proclaimed by the President providing such duty free entry under such subheading or heading</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="441">SEC. 441. </num> <heading class="inline">PARTS OF GENERATORS FOR USE ON AIRCRAFT.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/693">104 STAT. 693</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.85.03</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Parts of generators suitable for use on aircraft (provided for in subheading 8503.00.60)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/81/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="442">SEC. 442. </num> <heading class="inline">MAGNETIC VIDEO TAPE RECORDINGS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.85.24</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Video tape recordings of a width exceeding 6.5mm but not exceeding 16mm, in cassettes of United States origin as certified by the importers, and valued at not over $7.00 per prerecorded cassette unit (provided for in subheading 8524.23.10)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </content></section> <section> <num value="443">SEC. 443. </num> <heading class="inline">CERTAIN INFANT NURSERY MONITORS AND INTERCOMS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.85.25</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Infant nursery intercommunication systems, each consisting in the same package of a pair of transceivers operating on frequencies from 49.82 to 49.90 mHz and an electrical adapter (provided for in subheading 8504.40.00 or 8525.20.20)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">9902.85.26</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Infant nursery monitor systems, each consisting in the same package of a radio transmitter, an electrical adapter, and a radio receiver (provided for in subheading 8504.40.06. 8525.1060, 8527.39.00, or 8527.90.80)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="444">SEC. 444. </num> <heading class="inline">INSULATED WINDING WIRE CABLE.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.85.44</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Self-contained fluid filled submarine cable of 345 kilovolts (provided for in subheading 8544.60.40)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/91</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="445">SEC. 445. </num> <heading class="inline">CERTAIN PISTON ENGINES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/694">104 STAT. 694</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.84.07</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Internal combustion piston-type engines, of a cylinder capacity exceeding 50 cc but not exceeding 1.000 cc (provided for in heading 8407.32.20 or 8407.33.20), to be installed in vehicles specially designed for traveling on snow, golf carts, non- amphibious all-terrain vehicles, and burden carriers, (provided for in sub-heading 8703.10.00, 8703.21.00 or 8704.31.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <num value="446">SEC. 446. </num> <heading class="inline">TIMING APPARATUS WITH OPTO ELECTRONIC DISPLAY ONLY.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.91.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movements, battery or AC powered and with optoelectronic display only (provided for in subheading 9106.90.80)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">3. 9% on the apparatus + 5.3% on the battery</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="447">SEC. 447. </num> <heading class="inline">CERTAIN FURNITURE AND SEATS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.94.01</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Furniture seats and parts thereof, the foregoing of cane, osier, bamboo or other similar materials, including rattan (provided for in subheading 9401.50.00, 9401.90.25. 9403.80.30, or 9403.90.25)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="448">SEC. 448. </num> <heading class="inline">CHRISTMAS ORNAMENTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.95.05</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Christmas ornaments other than ornaments of glass or wood (provided for in subheading 9505.10.25)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="449">SEC. 449. </num> <heading class="inline">3-DIMENSIONAL CAMERAS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/695">104 STAT. 695</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.90.06</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Cameras incorporating 4 fixed lenses which together are capable of producing a 3-dimensional effect (provided for in subheading 9006.53.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450A">SEC. 45OA. </num> <heading class="inline">FROZEN CARROTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.07.10</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Carrots, frozen (provided for in subheading 0710.80.70)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.2¢/kg</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450B">SEC. 450B. </num> <heading class="inline">CERTAIN VENEER.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.44.21</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Manmade or recomposed wood veneer not exceeding 6 mm in thickness, sliced from a block com-posed of wood veneer sheets produced from logs and flitches (provided for in subheading 4421.90.90)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450C">SEC. 450C. </num> <heading class="inline">PERSONAL EFFECTS AND EQUIPMENT OF PARTICIPANTS AND OFFICIALS INVOLVED IN THE 1990 GOODWILL GAMES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.98.00</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Personal effects of aliens who are participants in or officials of the 1990 Goodwill Games, or who are accredited members of delegations thereto, or who are members of the immediate families of any of the foregoing persons, or who are their servants; equipment for use in connection with such games, and other related articles as prescribed by the Secretary of the Treasury</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 9/30/90</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450D">SEC. 450D. </num> <heading class="inline">PERSONAL EFFECTS AND EQUIPMENT FOR WORLD UNIVERSITY GAMES.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <page identifier="/us/stat/104/696">104 STAT. 696</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.98.03</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Persona) effects of aliens who are participants in, or officials of, the 1993 World University Games, who are accredited members of delegations there-to, who are members of the immediate families of any of the foregoing persons, or who are their servants; equipment for use in connection with such games, and such other related articles as may be prescribed by the Secretary of the Treasury.</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 9/30/93</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450E">SEC. 450E. </num> <heading class="inline">KARATE PANTS AND BELTS.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.62.04</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Karate pants and karate belts (provided for in subheading 6203.42.40, 6203.43.40, 6204.62.40, 6204.63.35, or 6217.10.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">8%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="450F">SEC. 450F. </num> <heading class="inline">METALLURGICAL FLUORSPAR.</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.25.29</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Fluorspar containing by weight 97 percent or less of calcium fluoride (provided for in subheading 2529.21.00)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> </part> <part> <num value="2">PART 2—</num> <heading class="inline">EXISTING TEMPORARY DUTY SUSPENSIONS</heading> <section> <num value="461">SEC. 461. </num> <heading class="inline">EXTENSION OF CERTAIN EXISTING SUSPENSIONS OF DUTY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Extensions Until January 1, 1993</inline>.—</heading> <chapeau>Each of the following subheadings or headings is amended by striking out the date in the effective period column and inserting “12/31/92’’:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subheadings 9902.05.10 and 9902.05.11 (relating to crude feathers and down).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Heading 9902.08.07 (relating to fresh cantaloupes).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Heading 9902.09.04 (relating to mixtures of hot red peppers and salt).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Heading 9902.29.04 (relating to p-toluenesulfonyl chloride).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Heading 9902.29.05 (relating to certain menthol feed-stocks).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Heading 9902.29.06 (relating to dicofol).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Heading 9902.29.11 (relating to triethylene glycol dichloride).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Heading 9902.29.13 (relating to 2,6-dichlorobenzaldehyde).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Heading 9902.29.14 (relating to dinocap).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>Heading 9902.29.21 (relating to m-hydroxybenzoic acid).</content> </paragraph> <page identifier="/us/stat/104/697">104 STAT. 697</page> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>Heading 9902.29.22 (relating to d-6-methoxy-a-methyl-2- naphthaleneacetic acid and its sodium salt).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>Heading 9902.29.24 (relating to 3-amino-3-methyl-l- butyne).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>Heading 9902.29.30 (relating to 8-amino-l-naphthalenesulfonic acid and its salts).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>Heading 9902.29.31 (relating to 5-amino-2 (paminoanilino) benzenesulfonic acid).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>Heading 9902.29.33 (relating to l-amino-8-hydroxy-3,6-naphthalenedisulfonic acid; and 4-anrino-5-hydroxy-2,7-naphthalenedisulfonic acid, monosodium salt (H acid, mono-sodium salt)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>Heading 9902.29.43 (relating to l-amino-2,4-dibromoanthraquinone).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>Heading 9902.29.44 (relating to bromamine acid).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>Heading 9902.29.51 (relating to N-(7-hydroxy-lnaphthyDacetamide).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>Heading 9902.29.57 (relating to N,N-bis(2-cyanoethyDaniline).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>Heading 9902.29.60 (relating to triallate).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>Heading 9902.29.64 (relating to 6-(3-methyl-5-oxol-pyrazolyl)-l,3-naphthalenedisulfonic acid (amino-J-pyrazolone) (CAS No. 7277–87–4); and 3-methyl-l-phenyl-5-pyrazolone (methylphenylpyrazolone)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>Heading 9902.29.66 (relating to msulfaminopyrazolone (msulfamidophenylmethylpyrazolone)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>Heading 9902.29.76 (relating to 2-noctyl-4-isothiazolin-3- one, and mixtures of 2-noctyl-4-isothiazolin-3-one and application adjuvants).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>Heading 9902.29.79 (relating to 2-amino-N-ethylbenzenesulfonanilide).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>Heading 9902.32.04 (relating to methylene blue).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>Heading 9902.38.06 (relating to mixtures of dinocap with application adjuvants).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>Heading 9902.38.07 (relating to mixtures of mancozeb and dinocap).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="28">(28) </num> <content>Heading 9902.38.08 (relating to mixtures of maneb, zineb, mancozeb, and metiram).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="29">(29) </num> <content>Heading 9902.38.10 (relating to mixtures of 5-chloro-2- methyl-4-isothiazolin-3-one, 2-methyI-4-isothiazolin-3-one, magnesium chloride and stabilizers, whether or not containing application adjuvants).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">(30) </num> <content>Heading 9902.38.11 (relating to mixtures of dicofol and application adjuvants).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">(31) </num> <content>Heading 9902.39.14 (relating to cholestyramine resin USP).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">(32) </num> <content>Headings 9902.40.11, 9902.73.12, 9902.73.15, 9902.85.12, and 9902.87.14 (relating to certain bicycle parts).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">(33) </num> <content>Heading 9902.51.01 (relating to certain wools).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">(34) </num> <content>Heading 9902.84.42 (relating to certain narrow weaving machines).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">(35) </num> <content>Heading 9902.84.45 (relating to certain wool carding and spinning machinery).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="36">(36) </num> <content>Heading 9902.84.48 (relating to certain knitting machines designed for sweater strip or garment length knitting).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="37">(37) </num> <content>Heading 9902.84.50 (relating to certain lace braiding machines).</content> </paragraph> <page identifier="/us/stat/104/698">104 STAT. 698</page> <paragraph class="firstIndent1 fontsize10"> <num value="38">(38) </num> <content>Heading 9902.29.10 (relating to 6-hydroxy-2-naphthalenesulfonic acid and its sodium, potassium, and ammonium salts).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="39">(39) </num> <content>Heading 9902.29.23 (relating to triphenyl phosphate).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="40">(40) </num> <content>Heading 9902.29.28 (relating to a,a,atrifluoro-otoluidine).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="41">(41) </num> <content>Heading 9902.29.35 (relating to 6-amino-4-hydroxy-2-naphthalenesulfonic acid (gamma acid)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="42">(42) </num> <content>Heading 9902.29.38 (relating to 3,3’-dimethoxybenzidine (odianisidine) and its dihydrochloride).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="43">(43) </num> <content>Heading 9902.29.40 (relating to 2-amino-5-nitrophenol).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="44">(44) </num> <content>Heading 9902.29.47 (relating to 4-methoxyaniline-2-sulfonic acid).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="45">(45) </num> <content>Heading 9902.29.49 (relating to benzethonium chloride).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="46">(46) </num> <content>Heading 9902.29.59 (relating to 2,2-bis(4-cyanatophenyDpropane).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="47">(47) </num> <content>Heading 9902.29.62 (relating to paraldehyde).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="48">(48) </num> <content>Heading 9902.29.63 (relating to aminomethylphenylpyrazole).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="49">(49) </num> <content>Heading 9902.29.67 (relating to 3-methyl-l-(ptolyl)-2- pyrazolin-5-one (ptolyl methyl pyrazolone)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="50">(50) </num> <content>Heading 9902.29.69 (relating to 3-methyl-5-pyrazolone).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="51">(51) </num> <content>Heading 9902.29.71 (relating to barbituric acid).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="52">(52) </num> <content>Heading 9902.30.04 (relating to nicotine resin complex).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="53">(53) </num> <content>Heading 9902.36.06 (relating to metaldehyde).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="54">(54) </num> <content>Heading 9902.84.44 (relating to machines designed for heat-set, stretch texturing of continuous man-made fibers).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="55">(55) </num> <content>Heading 9902.84.51 (relating to knitting needles).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="56">(56) </num> <content>Heading 9902.29.27 (relating to tetraamino biphenyl).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="57">(57) </num> <content>Heading 9902.29.88 (relating to cyclosporine).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="58">(58) </num> <content>Heading 9902.26.14 (relating to synthetic rutile).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="59">(59) </num> <content>Heading 9902.57.01 (relating to needlecraft display models, primarily hand stitched, of completed mass-produced kits).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="60">(60) </num> <content>Heading 9902.29.52 (relating to 2,5-dimethoxyacetanilide).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="61">(61) </num> <content>Heading 9902.29.61 (relating to 3-(4’-aminobenzamido)phenyl-hydroxyethylsulfone).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="62">(62) </num> <content>Heading 9902.29.25 (relating to 4-chloro-2-nitroaniline).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="63">(63) </num> <content>Heading 9902.29.07 (relating to 2-[(3- nitrophenyl)sulfonyl]ethanol).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="64">(64) </num> <content>Heading 9902.29.42 (relating to 4-chloro-2,5-dimethoxyaniline).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="65">(65) </num> <content>Heading 9902.29.45 (relating to 3,4-diaminophenetole, dihydrogen sulfate).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="66">(66) </num> <content>Heading 9902.29.86 (relating to 2,4-dichloro-5-sulfamoylbenzoic acid).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="67">(67) </num> <content>Heading 9902.25.04 (relating to graphite).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="68">(68) </num> <content>Headings 9902.29.01 and 9902.37.07 (relating to photo-graphic color couplers and coupler intermediates).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="69">(69) </num> <content>Heading 9902.95.01 (relating to stuffed dolls and doll skins).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Extension Until Date Other Than January 1, 1993</inline>.—</heading> <content>Heading 9902.61.00 (relating to certain knitwear fabricated in Guam) is amended by striking out “<quotedText>10/31/92</quotedText>” and inserting “<quotedText>10/31/96</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/104/699">104 STAT. 699</page> <section> <num value="462">SEC. 462. </num> <heading class="inline">EXTENSION OF, AND OTHER MODIFICATIONS TO, CERTAIN EXISTING SUSPENSIONS OF DUTY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Corned Beef in Airtight Containers</inline>.—</heading> <chapeau>Heading 9902.16.02 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>3%</quotedText>” and inserting “<quotedText>Free</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>12/31/89</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Surgical Gowns and Drapes</inline>.—</heading> <content>Heading 9902.62.10 is amended to read as follows: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.62.10</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Spunlaced or bonded finer fabric disposable gowns of manmade fibers intended for use during surgical procedures (provided for in subheading 6210.10.40) and spunlaced or bonded fiber fabric disposable surgical drapes of manmade fibers (provided for in subheading 6307.90.70)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">6.6%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change (E’.IL) 3.3% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">26.5%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92, except that in the case of goods originating in the territory of Canada, the effective period is on or before 12/31/98</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Certain Jewelry</inline>.—</heading> <chapeau>Heading 9902.71.13 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending the article description to read as follows: “<quotedText>Toy jewelry provided for in subheading 7117.19.10, 7117.19.50, 7117.90.40 (except parts) or 7117.90.50 (except parts) valued not over 5¢ per piece; and articles (except parts) provided for in heading 9502, 9503, or 9504 or subheading 9505.90 (except balloons, marbles, dice, and diecast vehicles), valued not over 5¢ per unit</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Electrostatic Copying Machines</inline>.—</heading> <chapeau>Heading 9902.90.90 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and accessories,</quotedText>” after “<quotedText>Parts,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>, and parts and accessories and accessory and auxiliary machines which are intended for attachment to an electrostatic photocopier and which do not operate independently of such photocopier (provided for in subheading 8472.90.80)</quotedText>” after “<quotedText>(provided for in subheading 9009.90.00)</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Certain Hosiery Knitting Machines</inline>.—</heading> <chapeau>Heading 9902.84.47 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting in lieu thereof “<quotedText>12/31/92</quotedText>”,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>single cylinder fine gauge and all double cylinder</quotedText>” and inserting in lieu thereof “<quotedText>and parts thereof</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>or 8447.20.60</quotedText>” and inserting in lieu thereof “<quotedText>, 8447.20.60, or 8448.59.10</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Jacquard Cards</inline>.—</heading> <page identifier="/us/stat/104/700">104 STAT. 700</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Existing suspension</inline>.—</heading> <chapeau>Heading 9902.48.23 is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>4823.90.85</quotedText>” in the article description and inserting in lieu thereof “<quotedText>3926.90.90, 4823.30.00, 4823.90.85,</quotedText>”, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Cards to be used as jacquard cards</inline>.—</heading> <content>Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9902.39.27</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Cards, not punched, suit-able for use as, or in making, jacquard cards (provided for in subheading 3926.90 90, 4823.30.00, or 4823.90.86)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">On or before 12/31/92</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Kitchenware of Glass-Ceramics</inline>.—</heading> <chapeau>Heading 9902.70.13 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out the article description and inserting: “<quotedText>Kitchenware of glass-ceramics, with handles measuring less than 5.1 cm in length, if any, nonglazed, black in color, greater than 75 percent by volume crystalline, of lithium aluminosilicate, having a linear coefficient of expansion not exceeding 10x10 per Kelvin within a temperature range of 0’C to 300°C, transparent, haze-free, exhibiting transmittances of infrared radiations in excess of 75 percent at a wavelength of 2.5 microns when measured on a sample 3 mm in thickness, and containing -quartz solid solution as the predominant crystal phase (provided for in subheading 7013.10.10)</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Umbrella Frames and Parts</inline>.—</heading> <chapeau>Heading 9902.66.03 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>, umbrella handles and knobs (provided for in subheading 6603.10.00), and umbrella tips and caps (provided for in subheading 6603.90.00)</quotedText>” after “<quotedText>(provided for in subheading 6603.20.30)</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Terfenadone</inline>.—</heading> <chapeau class="inline">Heading 9902.29.74 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>2933.90.37</quotedText>” and inserting “<quotedText>2933.39.47</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Toy Figures</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Heading 9902.95.02 is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>toy figures of animate objects (except dolls)</quotedText>” and inserting “<quotedText>toys representing animals or nonhuman creatures,</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Heading 9902.95.03 is repealed.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Heading 9902.95.04 is amended—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>toy figures of animate or inanimate objects</quotedText>” and inserting “<quotedText>toys representing animals or nonhuman creatures</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>12/31/90</quotedText>” and inserting “<quotedText>12/31/92</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>U.S. note 6 of subchapter II of chapter 99 is amended to read as follows: <quotedContent> <level class="firstIndent1 fontsize10"> <num value="6">“6. </num> <content class="inline">For purposes of heading 9902.95.02, the term ‘filled’ includes toy figures which are not completely filled or are filled with materials <page identifier="/us/stat/104/701">104 STAT. 701</page>such as plastic beads or crushed nutshells but which otherwise possess the characteristics of toy figures classifiable as ‘stuffed’.”.</content></level> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="463">SEC. 463. </num> <heading class="inline">TERMINATION OF EXISTING SUSPENSION OF DUTY ON C-AMINES.</heading> <content>Heading 9902.29.29 is repealed.</content> </section> </part> </subtitle> <subtitle> <num value="B">Subtitle B—</num> <heading class="inline">Other Tariff and Miscellaneous Provisions</heading> <part> <num value="1">PART 1—</num> <heading class="inline">TARIFF CLASSIFICATION AND OTHER TECHNICAL AMENDMENTS</heading> <section> <num value="471">SEC. 471. </num> <heading class="inline">CERTAIN EDIBLE MOLASSES.</heading> <content>Additional U.S. notes 2, 3, and 4 of chapter 17 are amended by striking out “<quotedText>1702.90.40,</quotedText>” each place it appears therein.</content> </section> <section> <num value="472">SEC. 472. </num> <heading class="inline">CERTAIN WOVEN FABRICS AND GAUZE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Woven Fabrics of Carded Wool or Carded Fine Animal Hair</inline>.—</heading> <chapeau>Heading 5111 of chapter 51 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking subheadings 5111.11.10 and 5111.11.60 and inserting the following new subheadings with the article description for subheading 5111.11.20 and the superior heading for subheadings 5111.11.30 and 5111.11.70 each having the same degree of indentation as the article description in subheading 5111.19.10: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5111.11.20</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">68. 5%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”;</td> </tr> <tr> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5111.11.30</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other Hand-woven, with a loom width of less than 76 cm</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">17.6¢/kg + 12.5%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">5.3¢/lur + 3.8% (IL) 14¢/kg + 10% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">$1.10/kg + 60%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5111.11.70</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">36.1%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.9% (IL) 28.8% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> ”;</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after subheading 5111.20.05 the following new subheading with the article description having the same degree of indentation as the article description in subheading 5111.20.05: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5111.20.10</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after subheading 5111.30.05 the following new subheading with the article description having the same degree of indentation as the article description in subheading 5111.30.05: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5111.30.10</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> <p class="indent0 fontsize10">and</p> </content> </paragraph> <page identifier="/us/stat/104/702">104 STAT. 702</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out subheading 5111.90.60 and inserting the following new subheadings with the superior heading for sub-headings 5111.90.40, 5111.90.50 and 5111.90.70 having the same degree of indentation as the article description for subheading 5111.90.30: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5111.90.40</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5111.90.50</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5111.90.70</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">33%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.9% (IL) 26.4% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Woven Fabrics of Combed Wool or of Combed Fine Animal Hair</inline>.—</heading> <content>Heading 5112 of chapter 51 is amended by striking out subheadings 5112.11.00 through 5112.90.60, inclusive, and inserting the following with the article descriptions for subheadings 5112.11 and 5112.19 having the same degree of indentation as the article description in subheading 5111.90.30, with the article descriptions for subheadings 5112.20, 5112.30, and 5112.90 each having the same degree of indentation as the article description in subheading 5111.90 and with the superior heading to subheadings 5112.90.40, 5112.90.50, and 5112.90.60 having the same degree of indentation as subheading 5111.90.30: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5112.11.</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black">Of a weight not exceeding 200 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.11.10</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.11.20</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">36.1%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.9% (IL) 28.8% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.19</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.19.10</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.19.60</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">36.1%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.9% (IL) 8.8% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.20</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other, mixed mainly or solely with man-made filaments:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.20.10</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.20.20</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.20.30</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">48.5¢/kg + 38%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">14.4¢/kg + 11.4% (IL) 38.8¢/kg + 30.4% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">48.5¢/ kg+68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.30</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other, mixed mainly or solely with manmade staple fibers:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.30.10</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.30.20</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup>.</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL) 5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> </tbody> </table> <page identifier="/us/stat/104/703">104 STAT. 703</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5112.30.30</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">48.54¢/kg+38%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">14.4¢/kg+11.4%(IL) 38.8¢/ kg+30.4%(CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">48.5¢/kg+68.5%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.90</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.90.30</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Containing 30 percent or more by weight of silk or silk waste, valued over $33/kg</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7.8%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.3% (IL) 6.2% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">80%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.90.40</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL)5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.90.50</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL)5.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5112.90.60</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">33%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">2.6% (IL) 26.4% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Gauze</inline>.—</heading> <content>Chapter 58 is amended by striking out subheading 5803.90.10 and inserting the following with the superior heading to subheadings 5803.90.11 and 5803.90.12 having the same degree of indentation as the article description for subheading 5803.90.20: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">5803.90.11</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Of wool or fine animal hair: Tapestry fabrics and upholstery fabrics of a weight not exceeding 140 g/m<sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.1% (IL)5.6% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">5803.90.12</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">33%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.9% (IL) 26.4% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">68.5%</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> </section> <section> <num value="473">SEC. 473. </num> <heading class="inline">CLASSIFICATION OF CERTAIN ARTICLES IN WHOLE OR PART OF FABRICS COATED. COVERED, OR LAMINATED WITH OPAQUE RUBBER OR PLASTICS.</heading> <chapeau>Chapter 42 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Additional U.S. Note</quotedText>” and inserting “<quotedText>Additional U.S. Notes</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after additional U.S. note 1 the following: <quotedContent> <level class="indent0 fontsize10"> <num value="2">“2. </num> <content class="inline">For purposes of classifying articles under subheadings 4202.12, 4202.22, 4202.32, and 4202.92, articles of textile fabric impregnated, coated, covered or laminated with plastics (whether compact or cellular) shall be regarded as having an outer surface of textile material or of plastic sheeting, depending upon whether and the extent to which the textile constituent or the plastic constituent makes up the exterior surface of the article.”.</content></level> </quotedContent> </content> </paragraph> </section> <section> <num value="474">SEC. 474. </num> <heading class="inline">GLOVES, MITTENS, AND MITTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Ice and Field Hockey Gloves</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Chapter 61 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6116.10.10: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6116.10.05</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">25%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Chapter 61 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6116.92.10: <page identifier="/us/stat/104/704">104 STAT. 704</page> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6116.92.06</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">45%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Chapter 61 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6116.93.10: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6116.93.05</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">45%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Chapter 61 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6116.99.30: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6116.99.20</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">45%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Chapter 62 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6216.00.10: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6216.00.05</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">25%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Chapter 62 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6216.00.34: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6216.00.33</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">45%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Chapter 62 is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 6216.00.44: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">6216.00.43</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ice hockey gloves and field hockey gloves</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">45%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Other Sports Gloves</inline>.—</heading> <content>The article descriptions in subheadings 6116.10.50, 6216.00.23, 6216.00.29 and 6216.00.47 are each amended to read as follows: “<quotedText>Other gloves, mittens, and mitts, specially designed for use in sports</quotedText>”.</content> </subsection> </section> <section> <num value="475">SEC. 475. </num> <heading class="inline">CHIPPER KNIFE STEEL.</heading> <content>Subchapter XV of chapter 72 is amended by striking out subheadings 7226.91.10 and 7226.91.30 and inserting the following with the article description for subheading 7226.91.05 having the same degree of indentation as that of subheading 7226.91.50: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">7226.91.05</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Of chipper knife steel</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">34%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">Other:</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">7226.91.15</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Of a width of 300mm or more</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">9.6%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free (E, IL) 76% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">29%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">7226.91.25</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Of a width of less than 300mm</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">11.6%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free (E, IL) 9.2% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">34%</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </section> <page identifier="/us/stat/104/705">104 STAT. 705</page> <section> <num value="476">SEC. 476. </num> <heading class="inline">ELIMINATION OF INVERTED TARIFF ON CANTILEVER BRAKES AND BRAKE PARTS FOR BICYCLES.</heading> <chapeau>The following provisions are amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subheading 8714.94.20 is amended by striking out “<quotedText>Caliper brakes</quotedText>” and inserting “<quotedText>Caliper and cantilever bicycle brakes and parts thereof</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Heading 9902.73.12 is amended by inserting “<quotedText>and cantilever bicycle</quotedText>” immediately after “<quotedText>caliper</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Heading 9902.87.14 is amended by inserting “<quotedText>and cantilever bicycle brakes,</quotedText>” immediately after “<quotedText>Caliper</quotedText>”.</content> </paragraph> </section> <section> <num value="477">SEC. 477. </num> <heading class="inline">BICYCLES HAVING 26-INCH WHEELS.</heading> <chapeau>Chapter 87 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>65 cm</quotedText>” in subheadings 8712.00.10 and 8712.00.20 and inserting “<quotedText>63.5 cm</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>4 cm</quotedText>” in subheading 8712.00.20 and inserting “<quotedText>4.13 cm</quotedText>”.</content> </paragraph> </section> <section> <num value="478">SEC. 478. </num> <heading class="inline">PROCESSING OF CERTAIN BLENDED SYRUPS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>U.S. note 2 to subchapter IV of chapter 99 is amended by adding at the end thereof the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Blended syrups of heading 9904.50.20, if entered from a foreign trade zone by a foreign trade zone user whose facilities were in operation on June 1, 1990, to the extent that the annual quantity entered into the customs territory from such zone does not contain an amount of sugar of nondomestic origin greater than that authorized by the Foreign Trade Zones Board for processing in such zone during calendar year 1985.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by this section shall plies with respect to articles entered, or withdrawn from warehouse for consumption, after December 31, 1988.</content> </subsection> </section> <section> <num value="479A">SEC. 479A. </num> <heading class="inline">ARTICLES EXPORTED AND RETURNED.</heading> <content>The U.S. notes to subchapter II of chapter 98 are amended by adding at the end thereof the following new note: <quotedContent> <note> <num value="6">“6. </num> <content class="inline">Notwithstanding the partial exemption from ordinary customs duties on the value of the metal product exported from the United States provided under subheading 9802.00.60, articles imported under subheading 9802.00.60 are subject to all other duties, and any other restrictions or limitations, imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or chapter 1 of title II or chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2251 et seq., 19 U.S.C. 2411 et seq.).”.</content> </note> </quotedContent> </content> </section> <section> <num value="479B">SEC. 479B. </num> <heading class="inline">BROOMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Chapter 96 is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>wholly or in part</quotedText>” after “<quotedText>Whiskbrooms,</quotedText>” in the superior article description for subheading 9603.10.10; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>wholly or in part</quotedText>” after “<quotedText>Other brooms,</quotedText>” in the superior article description for subheading 9603.10.40.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by this section shall apply with respect to articles entered or withdrawn from warehouse for consumption on or after the date that is 15 days after the date of enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/104/706">104 STAT. 706</page> <section> <num value="479C">SEC. 479C. </num> <heading class="inline">FOLIAGE-TYPE ARTIFICIAL FLOWERS.</heading> <content>Subheading 6702.90.40 is amended by striking out “<quotedText>Artificial flowers, of</quotedText>” in the article description and inserting in lieu thereof “<quotedText>Of</quotedText>”.</content> </section> </part> <part> <num value="2">PART 2—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <num value="481">SEC. 481. </num> <heading class="inline">RENEWAL OF EXISTING CUSTOMS EXEMPTION APPLICABLE TO BICYCLE PARTS IN FOREIGN TRADE ZONES.</heading> <content>Section 3(b) of the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act, 19 U.S.C. 81c(b)), is amended by striking out “<quotedText>before January 1, 1991</quotedText>” and inserting in lieu thereof “<quotedText>on or before December 31, 1992</quotedText>”.</content> </section> <section> <num value="482">SEC. 482. </num> <heading class="inline">RAIL CARS FOR THE STATE OF FLORIDA.</heading> <chapeau>Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Secretary of the Treasury shall admit free of duty each bilevel rail passenger car that was—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>entered after March 14, 1988, and before January 1, 1989, and classified under item 690.15 of the Tariff Schedules of the United States (19 U.S.C. 1202); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>designed for, and is for the use of, the Department of Transportation of the State of Florida.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If the liquidation of the entry of any such rail car has become final before the date of the enactment of this Act, the entry shall, notwithstanding any other provision of law, be reliquidated in accordance with the provisions of this Act and the appropriate refund of duty made.</continuation> </section> <section> <num value="483">SEC. 483. </num> <heading class="inline">RELIQUIDATION OF CERTAIN ENTRIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Certain Antidumping Duties</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to paragraph (2), the entries listed in paragraph (3) shall be reliquidated, without liability of the importer of record for antidumping duties, and if any such duty has been paid, either through liquidation or compromise under section 617 of the Tariff Act of 1930 (19 U.S.C. 1617), refund thereof shall be made within 90 days after reliquidation.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the appropriate customs officer within 180 days after the date of the enactment of this Act that contains sufficient information to enable the Customs Service—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to locate the entry; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to reconstruct the entry if it cannot be located.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The entries referred to in paragraph (1) are as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:80%; text-align:center; vertical-align:center">Entry number</th> <th style="width:20%; text-align:center; vertical-align:center">Date of entry</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">74–222089</td> <td style="text-align:left; vertical-align:top">May 7, 1974.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">74–225275</td> <td style="text-align:left; vertical-align:top">June 17, 1974.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">76–237223</td> <td style="text-align:left; vertical-align:top">July 9, 1976.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">76–247178</td> <td style="text-align:left; vertical-align:top">October 1, 1976.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">79–251251</td> <td style="text-align:left; vertical-align:top">September 11, 1979.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–223851</td> <td style="text-align:left; vertical-align:top">October 9, 1979.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–224447</td> <td style="text-align:left; vertical-align:top">November 27, 1979.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–224448</td> <td style="text-align:left; vertical-align:top">November 27, 1979.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–225842</td> <td style="text-align:left; vertical-align:top">April 29, 1980.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–225843</td> <td style="text-align:left; vertical-align:top">April 29, 1980.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes"> </td> <td style="text-align:left; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–225844</td> <td style="text-align:left; vertical-align:top">April 29, 1980.</td> </tr> </tbody> </table> <page identifier="/us/stat/104/707">104 STAT. 707</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:80%; text-align:center; vertical-align:center">Entry number</th> <th style="width:20%; text-align:center; vertical-align:center">Date of entry</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–225845</td> <td style="text-align:left; vertical-align:top">April 29, 1980.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–226742</td> <td style="text-align:left; vertical-align:top">August 13, 1980.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">80–226743</td> <td style="text-align:left; vertical-align:top">August 13, 1980.</td> </tr> </tbody> </table> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Digital Processing Units</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer within 180 days after the date of the enactment of this Act, any entry of a processing unit that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">was entered under item 676.15 or 676.54 of the Tariff Schedules of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">would not, if classified under item 675.15, have been subject to temporary duties under item 945.83 or 945.84 of the Appendix to such Schedules; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">was made after January 16, 1986, and before July 2, 1987; shall be liquidated or reliquidated as free of duty and the Secretary of the Treasury shall refund any duties paid with respect to such entry.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For purposes of this subsection, the term “processing unit” means a digital processing unit for an automated data processing machine, unhoused, consisting of a printed circuit (single or multiple) with one or more electronic integrated circuits or other semi-conductor devices mounted directly thereon.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Certain Other Entries</inline>.—</heading> <chapeau>Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer within 180 days after the date of the enactment of this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any entry of l-(3-sulfopropylpyridinium hydroxide (provided for in item 406.39 of the Tariff Schedules of the United States (19 U.S.C. 1202)) that occurred after September 30, 1988, and before January 1, 1989, shall be reliquidated as free of duty; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any entry of brussels sprouts (provided for in item 903.29 of such Schedules (19 U.S.C. 1202)) that occurred after December 31, 1987, and before November 11, 1988, shall be liquidated at the rate of 12.5 percent ad valorem.</content> </paragraph> </subsection> </section> <section> <num value="484">SEC. 484. </num> <heading class="inline">PROTEST RELATING TO CERTAIN ENTRIES.</heading> <content>For purposes of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), and notwithstanding any other provision of law, Protest Numbered 1801–000027 shall be deemed to have been filed with the appropriate customs officer within 90 days of the liquidation of entries 81–103533–2 and 81–103789–3.</content> </section> <section> <num value="484A">SEC. 484A. </num> <heading class="inline">SUBSTITUTION OF CRUDE PETROLEUM OR PETROLEUM DERIVATIVES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="p">“(p) </num> <heading class="inline"><inline class="smallCaps">Substitution of Crude Petroleum or Petroleum Derivatives</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">Notwithstanding any other provision of this section, in the case of articles, described in headings 2707 through 2715, 2901 and 2902, or 3901 through 3914 (limited to liquids, pastes, powders, granules, and flakes) of the Harmonized Tariff Schedule of the United States, that—</chapeau> <page identifier="/us/stat/104/708">104 STAT. 708</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">are—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>manufactured or produced under subsection (a) or (b) from crude petroleum or petroleum derivatives, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">imported duty-paid, and</content></clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>are stored in common storage with other articles of the same kind and quality that are otherwise manufactured or produced,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">drawback shall be paid on the articles withdrawn for export from such common storage (regardless of the source or origination of the articles withdrawn), if the requirements described in paragraph (2) are met.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The requirements of this paragraph are met if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>inventory records kept on a calendar month basis (not on a daily or transaction-by-transaction basis) demonstrate sufficient quantities of imported duty-paid articles or articles manufactured or produced under subsection (a) or (b) in the common storage against which such withdrawal is designated;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such inventory records reflect deliveries to and withdrawals from such common storage that assure that the drawback paid does not exceed the amount of drawback that would be payable under this section had all of the articles withdrawn from common storage been imported duty-paid or manufactured or produced under subsection (a) or (b);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>certificates of delivery or certificates of manufacture and delivery, establishing the drawback eligibility of the imported duty-paid articles or articles manufactured or produced under subsection (a) or (b), when required, are filed with the drawback entry; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the inventory records of the operator of such common storage are, upon reasonable notice, available to the Customs Service.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">For purposes of this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>The term ‘common storage’ includes all articles of the same kind and quality stored at a single facility regardless of the number of bins, tanks, or other containers used.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The term ‘same kind and quality’ means articles that are commercially interchangeable or that are referred to under the same eight-digit classification of the Harmonized Tariff Schedule of the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>The term ‘single facility’ means all storage units under the control and recordkeeping of a single operator adjacent to a manufacturing plant, refinery, warehouse complex, terminal area, airport, bunkering facility, or similar facility.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Technical Correction</inline>.—</heading> <content>Subsection (b) of section 309 of the Tariff Act of 1930 (19 U.S.C. 1309) is amended by inserting “<quotedText>imported articles,</quotedText>” after “<quotedText>foreign-trade zone,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Claims.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1309">19 USC 1309 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <chapeau>Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the amendments made by this section shall apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>claims filed or liquidated on or after January 1, 1988, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>claims that are unliquidated, under protest, or in litigation on the date of enactment of this Act.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/709">104 STAT. 709</page> <section> <num value="484B">SEC. 484B. </num> <heading class="inline">AGGLOMERATE MARBLE FLOOR TILES.</heading> <content>Chapter 68 is amended by striking out subheading 6810.19.10 and inserting the following new subheadings with the article descriptions for such subheadings having the same degree of indentation as the article description for subheading 6804.22.60: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black">Floor and wall tiles:</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="width:5%; text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">6810.19.12</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Agglomerate marble tiles</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">4.9%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free (A, E, DL) 4.2% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">40%</td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">6810.19.14</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Other</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">21%</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Free (A, E, IL) 12.6% (CA)</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">55%</td> <td style="text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="484C">SEC. 484C. </num> <heading class="inline">PARTS OF IONIZATION SMOKE DETECTORS.</heading> <content>Chapter 90 is amended by inserting in numerical sequence the following new subheading with the article description having the same degree of indentation as the article description in subheading 9022.90.60: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9022.90.70</td> <td style="width:35%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Of smoke detectors, ionization type</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">2.7%</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">Free (A, B, E, IL) 2.1% (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">35%</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content></section> <section> <num value="484D">SEC. 484D. </num> <heading class="inline">NUCLEAR MAGNETIC SPECTROMETER.</heading> <chapeau>The Secretary of the Treasury shall admit free of duty a Phillips Medical Systems 4 tesla nuclear magnetic resonance (NMR) spectrometer for the use of the University of Alabama at Birmingham. If the liquidation of the entry of the spectrometer be-comes final before the date of the enactment of this Act, the Secretary of the Treasury, notwithstanding any other provisions of law, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>within 15 days after such date, reliquidate the entry in accordance with the provisions of this Act, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>at the time of such reliquidation, make the appropriate refund of any duty paid with respect to the entry.</content> </paragraph> </section> <section> <num value="484E">SEC. 484E. </num> <heading class="inline">FOREIGN REPAIR OF VESSELS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <chapeau class="inline">The duty imposed by subsection (a) of this section shall not apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the cost of any equipment, or any part of equipment, purchased for, or the repair parts or materials to be used, or the expense of repairs made in a foreign country with respect to, LASH (Lighter Aboard Ship) barges documented under the laws of the United States and utilized as cargo containers, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the cost of spare repair parts or materials (other than nets or nettings) which the owner or master of the vessel certifies are intended for use aboard a cargo vessel, documented under the laws of the United States and engaged in the foreign or coasting trade, for installation or use on such vessel, as needed, in the United States, at sea, or in a foreign country, but only if duty is paid under appropriate commodity classifications of the Harmonized Tariff Schedule of the United States upon first entry into the United States of each such spare part purchased in, or imported from, a foreign country.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/104/710">104 STAT. 710</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1466">19 USC 1466 note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <chapeau>The amendment made by this section shall apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">any entry made before the date of enactment of this Act that is not liquidated on the date of enactment of this Act, and</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">any entry made—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>on or after the date of enactment of this Act, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">on or before December 31, 1992.</content></subparagraph> </paragraph> </subsection> </section> <section> <num value="484F">SEC. 484F. </num> <heading class="inline">CERTAIN DISTILLED SPIRITS IN FOREIGN TRADE ZONES.</heading> <chapeau>Subsection (c) of section 3 of the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act, 48 Stat. 999, chapter 590; 19 U.S.C. 81c(c)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>domestic</quotedText>” before “<quotedText>denatured distilled spirits</quotedText>”,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>which have been withdrawn free of tax from a distilled spirits plant (within the meaning of section 5002(a)(1) of the Internal Revenue Code of 1986)</quotedText>” after “<quotedText>distilled spirits</quotedText>”,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>Notwithstanding</quotedText>” and inserting in lieu thereof “<quotedText>(1) Notwithstanding</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"> <num value="2">“(2) </num> <content>Notwithstanding the provisions of the fifth proviso of subsection (a), distilled spirits which have been removed from a distilled spirits plant (as denned in section 5002(a)(1) of the Internal Revenue Code of 1986) upon payment or determination of tax may be used in the manufacture or production of medicines, medicinal preparation, food products, flavors, or flavoring extracts, which are unfit for beverage purposes, in a zone. Such products will be eligible for drawback under the internal revenue laws under the same conditions applicable to similar manufacturing or production operations occurring in customs territory.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="484G">SEC. 484G. </num> <heading class="inline">ETHYL TERTIARY-BUTYL ETHER.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Subchapter I of chapter 99 is amended by inserting in numerical sequence the following new heading: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:5%; text-align:left; vertical-align:top; border-right:1px solid black">“ </td> <td style="width:10%; text-align:left; vertical-align:top; border-right:1px solid black">9901.00.52</td> <td style="width:20%; text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Ethyl tertiary-butyl ether (provided for in subheading 2909.19.10) and any mixture containing ethyl tertiary-butyl ether</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">6. 66¢/ liter</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">No change (A.E.IL) 5.29¢/liter (CA)</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">6.66¢/liter</td> <td style="width:15%; text-align:left; vertical-align:bottom; border-right:1px solid black">The earlier of 12/31/92, or the date on which Treasury regulation § f 40–1 is withdrawn or declared invalid</td> <td style="width:5%; text-align:left; vertical-align:bottom"> ”</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Staged Rate Reduction</inline>.—</heading> <content>Any staged reduction of a rate of duty set forth in heading 9901.00.50 of the Harmonized Tariff Schedule of the United States that was proclaimed by the President before the date of enactment of this Act and would otherwise take effect after the date of enactment of this Act shall also apply to the <page identifier="/us/stat/104/711">104 STAT. 711</page>corresponding rates of duty set forth in subheading 9901.00.52 of such Schedule.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendment made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act.</content> </subsection> </section> <section> <num value="484H">SEC. 484H. </num> <heading class="inline">CANADIAN LOTTERY MATERIAL.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Section 553 of the Tariff Act of 1930 (19 U.S.C. 1553) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Any merchandise</quotedText>” and inserting “<quotedText>(a) Any merchandise</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Notwithstanding subsection (a), the entry for transportation in bond through the United States of any lottery ticket, printed paper that may be used as a lottery ticket, or any advertisement of any lottery, that is printed in Canada, shall be permitted without appraisement or the payment of duties under such regulations as the Secretary of the Treasury may prescribe, except that such regulations shall not permit the transportation of lottery materials in the personal baggage of a traveler.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by this section shall <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s1553">19 USC 1553 note</ref>.</p></sidenote>apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act.</content> </subsection> </section> <section> <num value="484I">SEC. 484I. </num> <heading class="inline">CERTAIN FORGINGS.</heading> <content>Notwithstanding sections 304 and 514 of the Tariff Act of 1930 or any other provision of law, the Secretary of the Treasury, within 180 days after the date of the enactment of this Act, shall, upon request filed with the appropriate customs officer, reliquidate entries numbered 85414397–7, 85414495–0, 85414647–9, 85414649–5, 85414983–, 85414995–5, 85415031–3, 85415122–8, 85415244–7, 85415496–6, 85415619–7, 85415683–8, and 85415828–9, filed at the Port of Portland, Oregon, and, upon such reliquidation, shall refund the additional marking duties that were collected upon such entries pursuant to such section 304.</content> </section> <section> <num value="484J">SEC. 484J. </num> <heading class="inline">CERTAIN EXTRACORPOREAL SHOCK WAVE LITHOTRIPTER.</heading> <content>Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon request filed with the appropriate customs officer within 180 days after the date of enactment of this Act, entry numbered 86–707943–6, dated November 10, 1985, shall be reliquidated as duty-free and any duties paid with respect to such entry shall be refunded.</content> </section> <section> <num value="484K">SEC. 484K. </num> <heading class="inline">CERTAIN METHANOL ENTRIES.</heading> <chapeau>Notwithstanding section 514 or 520 of the Tariff Act of 1930 or any other provision of law, the Secretary of the Treasury shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">reliquidate as free of duty—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Entry No. 85322102–3, dated June 21, 1985, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Entry No. 85603168–9, dated September 20, 1985, made at New York, New York, that consists of methanol, and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">refund any duties paid with respect to such entries,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">if the appropriate certification of actual use for such entries is submitted to the appropriate customs officer by no later than the date that is 180 days after the date of enactment of this Act.</continuation> </section> <page identifier="/us/stat/104/712">104 STAT. 712</page> <section> <num value="484L">SEC. 484L. </num> <heading class="inline">CERTAIN FROZEN VEGETABLES.</heading> <chapeau>Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon request filed with the appropriate customs officer within 180 days after the date of enactment of this Act, the Secretary of the Treasury shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">liquidate or reliquidate as free of duty any entry, or withdrawal from warehouse for consumption, made after December 31, 1989, and before May 1, 1990, of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>cut and frozen green beans (provided for in subheading 0710.22.40 of the Harmonized Tariff Schedule of the United States), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>frozen and off the cob whole kernel sweet corn (provided for in subheading 0710.40.00 of such Schedule),</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">that is the product of a foreign country to which nondiscriminatory (most-favored-nation) tariff treatment applies, and</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refund any duties paid with respect to such entry or withdrawal.</content> </paragraph> </section> <section> <num value="484M">SEC. 484M. </num> <heading class="inline">CERTAIN FILMS AND RECORDINGS.</heading> <content>Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon request filed with the appropriate customs officer within 180 days of the date of enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any article described in items 960.50 through 960.70 of the Appendix to the Tariff Schedules of the United States (as in effect on August 11, 1985) which was made after August 11, 1985, and before January 1, 1987, shall be liquidated or reliquidated as though such entry or withdrawal had been made on August 11, 1985 and the Secretary of the Treasury shall make the appropriate refund of any duties paid with respect to such entry or withdrawal.</content> </section> <section> <num value="485">SEC. 485. </num> <heading class="inline">EFFECTIVE DATES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t19/s81c">19 USC 81c note</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Except as otherwise provided in this title, the amendments made by this title shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 1, 1990.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Retroactive Application for Certain Liquidations and Reliquidations</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer after September 30, 1990, and before April 1, 1991, any entry—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>which was made after the applicable date and before October 1, 1990, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>with respect to which there would have been no duty, or a lesser duty, if any amendment made by section 311, 312, 377, 419, 423, 426, 428, 432, 434, 436, 438, 440, 441, 442, 445, 446, 450A, 461(a)(36), 462(d), 472, 474, 475, 477, 479C, 484B, or 484C applied to such entry, shall be liquidated or reliquidated as though such amendment applied to such entry.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of this title—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">The term “applicable date” means—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>if such amendment is made by section 442, December 31, 1987,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>if such amendment is made by section 438, October 1, 1988,</content> </clause> <page identifier="/us/stat/104/713">104 STAT. 713</page> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>if such amendment is made by section 311, 312, 377, 419, 426, 428, 432, 434, 440, 441, 445, 446, 450A, 462(d), 472, 474, 475, 477, 479C, 484B, or 484C, December 31, 1988,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content>if such amendment is made by section 436, July 1, 1989,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">(v) </num> <content>if such amendment is made by section 461(a)(36), December 31, 1989, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">(vi) </num> <content>if such amendment is made by section 423, January 31, 1990.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The term “entry” includes any withdrawal from warehouse.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Corned Beef</inline>.—</heading> <chapeau>Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer after September 30, 1990, and before April 1, 1991, any entry of corned beef in airtight containers—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>described in subheading 9902.16.02,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to which the column 1 general rate of duty in effect on December 31, 1989 would have applied if entry had been made on such date, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that was entered after December 31, 1989, and before October 1, 1990,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be liquidated or reliquidated at the column 1 general rate of duty in subheading 9902.16.02 in effect on December 31, 1989, and the Secretary of the Treasury shall refund any duties paid with respect to such entry in excess of such column 1 general rate.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Staged Rate Reductions for Certain Goods</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Any staged reductions of a special rate of duty set forth in subheading 5111.19.10 of the Harmonized Tariff Schedule of the United States that were proclaimed by the President before October 1, 1990, and are scheduled to take effect on or after October 1, 1990, also apply to the corresponding special rates of duty set forth in subheadings 5111.11.20, 5111.20.10, 5111.30.10, 5111.90.40, 5111.90.50, 5112.11.10, 5112.20.10, 5112.20.20, 5112.30.10, 5112.30.20, 5112.90.40, 5112.90.50, and 5803.90.11 (relating to certain woven fabrics and gauze) of such Schedule (as added by section 472).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Any staged rate reduction proclaimed by the President before October 1, 1990, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>would take effect on or after October 1, 1990; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content> <p class="inline">would, but for any amendment made by section 472 (relating to certain woven fabrics) or 475 (relating to chip-per knife steel), apply to a special rate of duty set forth in any subheading of the Harmonized Tariff Schedule of the United States that is listed in column A;</p> <p class="firstIndent1 fontsize10">applies to the corresponding special rate of duty set forth in the subheading of such Schedule that is listed in column B opposite such column A subheading:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:80%; text-align:left; vertical-align:center" class="bold">Column A</th> <th style="width:20%; text-align:right; vertical-align:center" class="bold">Column B</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5111.11.10</td> <td style="text-align:left; vertical-align:top">5111.11.30</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5111.11.60</td> <td style="text-align:left; vertical-align:top">5111.11.70</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5111.90.60</td> <td style="text-align:left; vertical-align:top">5111.90.70</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5112.11.00</td> <td style="text-align:left; vertical-align:top">5112.11.20</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5112.20.00</td> <td style="text-align:left; vertical-align:top">5112.20.30</td> </tr> </tbody> </table> <page identifier="/us/stat/104/714">104 STAT. 714</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:80%; text-align:left; vertical-align:top" leaders="yes">  5112.30.00</td> <td style="width:20%; text-align:left; vertical-align:top">5112.30.30</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  5803.90.10</td> <td style="text-align:left; vertical-align:top">5803.90.12</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  7226.91.10</td> <td style="text-align:left; vertical-align:top">7226.91.15</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">  7226.91.30</td> <td style="text-align:left; vertical-align:top">7226.91.25</td> </tr> </tbody> </table> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The amendments made by section 472 shall not affect any staged reductions of a rate of duty set forth in subheadings 5112.19.10, 5112.19.60, 5112.90.30, 5112.90.60 of the Harmonized Tariff Schedule of the United States that were proclaimed by the President before October 1, 1990, and are scheduled to take effect on or after October 1, 1990.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any staged reductions of a special rate of duty set forth in subheading 6810.19.10 of the Harmonized Tariff Schedule of the United States that were proclaimed by the President before October 1, 1990, and are scheduled to take effect on or after October 1, 1990, shall apply to the corresponding special rate of duty in subheading 6810.19.14.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Any staged reductions of a special rate of duty set forth in subheading 3926.90.90 of the Harmonized Tariff Schedule of the United States that were proclaimed by the President before October 1, 1990, and are scheduled to take effect on or after October 1, 1990, shall apply to the corresponding special rate of duty in subheading 6810.19.12.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Any staged reductions of a special rate of duty set forth in subheading 9022.29.40 of the Harmonized Tariff Schedule of the United States that was proclaimed by the President before October 1, 1990, and are scheduled to take effect on or after October 1, 1990, also apply to the corresponding special rate of duty set forth in subheading 9022.90.70.</content> </paragraph> </subsection> </section> </part> </subtitle> <num value="IV">TITLE IV—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Forest Resources Conservation and Shortage Relief Act of 1990.</p></sidenote> <heading class="inline">EXPORTS OF UNPROCESSED TIMBER</heading> <section> <num value="487">SEC. 487. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620">16 USC 620 note</ref>.</p></sidenote> <heading class="inline">SHORT TITLE.</heading> <content>This title may be cited as the “<shortTitle role="title">Forest Resources Conservation and Shortage Relief Act of 1990</shortTitle>”.</content> </section> <section> <num value="488">SEC. 488. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620">16 USC 620</ref>.</p></sidenote> <heading class="inline">FINDINGS AND PURPOSES.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau class="inline">The Congress makes the following findings:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Timber is essential to the United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Forests, forest resources, and the forest environment are exhaustible natural resources that require efficient and effective conservation efforts.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In the interest of conserving those resources, the United States has set aside millions of acres of otherwise harvestable timberlands in the western United States, representing well over 100,000,000,000 board feet of otherwise harvestable timber.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>In recent years, administrative, statutory, or judicial action has been taken to set aside an increased amount of otherwise harvestable timberlands for conservation purposes.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>In the next few months and years, additional amounts of otherwise harvestable timberlands may be set aside for conservation purposes, pursuant to the Endangered Species Act of 1973, the National Forest Management Act of 1976, or other expected statutory, administrative, and judicial actions.</content> </paragraph> <page identifier="/us/stat/104/715">104 STAT. 715</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>There is evidence of a shortfall in the supply of unprocessed timber in the western United States.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>There is reason to believe that any shortfall which may already exist may worsen unless action is taken.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">In conjunction with the broad conservation actions expected in the next few months and years, conservation action is necessary with respect to exports of unprocessed timber.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Purposes</inline>.—</heading> <chapeau>The purposes of this title are—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to promote the conservation of forest resources in conjunction with State and Federal resources management plans, and other actions or decisions, affecting the use of forest resources;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to take action essential for the acquisition and distribution of forest resources or products in short supply in the western United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to take action necessary, to meet the goals of Article XI 2.(a) of the General Agreement on Tariffs and Trade, to ensure sufficient supplies of certain forest resources or products which are essential to the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to continue and refine the existing Federal policy of restricting the export of unprocessed timber harvested from Federal lands in the western United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>to effect measures aimed at meeting these objectives in conformity with the obligations of the United States under the General Agreement on Tariffs and Trade.</content> </paragraph> </subsection> </section> <section> <num value="489">SEC. 489. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620a">16 USC 620a</ref>.</p></sidenote> <heading class="inline">RESTRICTIONS ON EXPORTS OF UNPROCESSED TIMBER ORIGINATING FROM FEDERAL LANDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Prohibition on Export of Unprocessed Timber Originating From Federal Lands</inline>.—</heading> <content>No person who acquires unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States may export such timber from the United States, or sell, trade, exchange, or otherwise convey such timber to any other person for the purpose of exporting such timber from the United States, unless such timber has been determined under subsection (b) to be surplus to the needs of timber manufacturing facilities in the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Surpluses</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Determinations by secretary concerned</inline>.—</heading> <content>The prohibition contained in subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from Federal lands which the Secretary concerned determines to be surplus to domestic manufacturing needs.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Procedures</inline>.—</heading> <content>Any determination under paragraph (1) shall be made in regulations issued in accordance with section 553 of title 5, United States Code. Any such determination shall be reviewed at least once in every 3-year period. The Secretary <sidenote><p class="indent0 firstIndent0 fontsize8">Federal Register, Publication.</p></sidenote>concerned shall publish notice of such review in the Federal Register, and shall give the public an opportunity to comment on such review.</content> </paragraph> </subsection> </section> <section> <num value="490">SEC. 490. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620b">16 USC 620b</ref>.</p></sidenote> <heading class="inline">LIMITATIONS ON THE SUBSTITUTION OF UNPROCESSED FEDERAL TIMBER FOR UNPROCESSED TIMBER EXPORTED FROM PRIVATE LANDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Direct Substitution</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as provided in subsection (c), no person may purchase directly from any department or agency of the United States unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States if—</chapeau> <page identifier="/us/stat/104/716">104 STAT. 716</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">such unprocessed timber is to be used in substitution for exported unprocessed timber originating from private lands; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">such person has, during the preceding 24-month period, exported unprocessed timber originating from private lands.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Notwithstanding paragraph (1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Federal timber purchased pursuant to a contract entered into between the purchaser and the Secretary concerned before the date on which regulations to carry out this subsection are issued under section 495 shall be governed by the regulations of the Secretary concerned in effect before such date that restrict the substitution of unprocessed timber originating from Federal lands for exported timber originating from private lands;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <content>in the 1-year period beginning on the effective date of this title, any person who operates under a Cooperative Sustained Yield Unit Agreement, and who has an historic export quota shall be limited to entering into contracts under such a quota to a volume equal to not more than 66 percent of the person’s historic export quota used during fiscal year 1989;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a person referred to in subparagraph (B) shall reduce the person’s remaining substitution volume by an equal amount each year thereafter such that no volume is substituted under such a quota in fiscal year 1995 or thereafter; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <chapeau class="inline">the 24-month period referred to in paragraph (1)(B) shall not apply to any person who—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>before the enactment of this Act, has, under an historic export quota approved by the Secretary concerned, purchased unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States in substitution for exported unprocessed timber originating from private lands;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>certifies to the Secretary concerned, within 3 months after the date of the enactment of this Act, that the person will, within 6 months after such date of enactment, cease exporting unprocessed timber originating from private lands; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>ceases exports in accordance with such certification,</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Indirect Substitution</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <content>Except as provided in paragraph (2), no person may, beginning 21 days after the date of the enactment of this Act, purchase from any other person unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States if such person would be prohibited from purchasing such timber directly from a department or agency of the United States. Acquisitions of western red cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The Secretary of Agriculture shall, as soon as practicable but not later than 9 months after the date of the enactment of this Act, establish, by rule, a limited amount of unprocessed timber originating from Federal lands described in subparagraph (B) which may be purchased by a person otherwise covered by the prohibition contained in paragraph (1). Such limit shall equal—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">the amount of such timber acquired by such person, based on the higher of the applicant’s actual timber purchasing receipts or the appropriate Federal agency’s <page identifier="/us/stat/104/717">104 STAT. 717</page>records, during fiscal years 1988, 1989, and 1990, divided by 3, or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">15 million board feet,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">whichever is less, except that such limit shall not exceed such person’s proportionate share, with respect to all persons covered under this paragraph, of 50 million board feet.</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The Federal lands referred to in subparagraph (A) are Federal lands administered by the United States Forest Service Region 6 that are located north of the Columbia River from its mouth and east to its first intersection with the 119th meridian, and from that point north of the 46th parallel and east.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Any person may sell, trade, or otherwise exchange with any other person the rights obtained under subparagraph (A), except that such rights may not be sold, traded, or otherwise exchanged to persons already in possession of such rights obtained under subparagraph (A).</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>Federal timber purchased from Federal lands described in subparagraph (B) pursuant to a contract entered into between the purchaser and the Secretary of Agriculture before the date on which regulations to carry out this subsection are issued under section 495 shall be governed by the regulations of the Secretary of Agriculture in effect before such date that restrict the substitution of unprocessed timber originating from Federal lands for exported timber originating from private lands.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Approval of Sourcing Areas</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">In general</inline>.—</heading> <chapeau>The prohibitions contained in subsections (a) and (b) shall not apply with respect to the acquisition of unprocessed timber originating from Federal lands within a sourcing area west of the 100th meridian in the contiguous 48 States approved by the Secretary concerned under this subsection by a person who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the previous 24 months, has not exported unprocessed timber originating from private lands within the sourcing area; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>during the period in which such approval is in effect, does not export unprocessed timber originating from private lands within the sourcing area.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The Secretary concerned may waive the 24-month requirement set forth in subparagraph (A) for any person who, within 3 months after the date of the enactment of this Act, certifies that, within 6 months after such date, such person will, for a period of not less than 3 years, cease exporting unprocessed timber originating from private lands within the sourcing area.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Requirements for application</inline>.—</heading> <chapeau>The Secretaries concerned shall, not later than 3 months after the date of the enactment of this Act, prescribe procedures to be used by a person applying for approval of a sourcing area under paragraph (1). Such procedures shall require, at a minimum, the applicant to provide—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>information regarding the location of private lands from which such person has, within the previous year, harvested or otherwise acquired unprocessed timber which has been exported from the United States; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>information regarding the location of each timber manufacturing facility owned or operated by such person within the proposed sourcing area boundaries at which the <page identifier="/us/stat/104/718">104 STAT. 718</page>applicant proposes to process timber originating from Federal lands.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The prohibition contained in subsection (a) shall not apply to a person before the date which is 1 month after the procedures referred to in this paragraph are prescribed. With respect to any person who submits an application in accordance with such procedures by the end of the time period set forth in the preceding sentence, the prohibition contained in subsection (a) shall not apply to such person before the date on which the Secretary concerned approves or disapproves such application.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Grant of approval</inline>.—</heading> <content>For each applicant, the Secretary concerned shall, on the record and after an opportunity for a hearing, not later than 4 months after receipt of the application for a sourcing area, either approve or disapprove the application. The Secretary concerned may approve such application only if the Secretary determines that the area that is the subject of the application, in which the timber manufacturing facilities at which the applicant desires to process timber originating from Federal lands are located, is geographically and economically separate from any geographic area from which that person harvests for export any unprocessed timber originating from private lands. In making a determination referred to in this paragraph, the Secretary concerned shall consider equally the timber purchasing patterns, on private and Federal lands, of the applicant as well as other persons in the same local vicinity as the applicant, and the relative similarity of such purchasing patterns.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Denial of application</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Subject to subparagraph (B), and notwithstanding any other provision of law, in the 9-month period after receiving disapproval of an application submitted pursuant to this subsection, the applicant may purchase unprocessed timber originating from Federal lands in the area which is the subject of the application in an amount not to exceed 75 percent of the annual average of such person’s purchases of unprocessed timber originating from Federal lands in the same area during the 5 full fiscal years immediately prior to submission of the application. In the subsequent 6-month period, such person may purchase not more than 25 percent of such annual average, after which time the prohibitions contained in subsection (a) shall fully apply.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>If a person referred to in subparagraph (A) certifies to the Secretary concerned, within 90 days after receiving disapproval of such application, that such person shall, within 15 months after such disapproval, cease the export of unprocessed timber originating from private lands from the geographic area determined by the Secretary for which the application would have been approved, such person may continue to purchase unprocessed timber originating from Federal lands in the area which is the subject of the application, without being subject to the restrictions of subparagraph (A), except that such purchases during that 15-month period may not exceed 125 percent of the annual average of such person’s purchases of unprocessed timber originating from Federal lands in the same area during the 5 full fiscal years immediately prior to submission of the application which was denied.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Any person to whom subparagraph (B) applies may not, during the 15-month period after the person’s application for <page identifier="/us/stat/104/719">104 STAT. 719</page>sourcing area boundaries is denied, export unprocessed timber originating from private lands in the geographic area determined by the Secretary concerned for which the application would have been approved in amounts that exceed 125 percent of the annual average of such person’s exports of unprocessed timber from such private lands during the 5 full fiscal years immediately prior to submission of the application.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Review of determinations</inline>.—</heading> <content>Determinations made under paragraph (3) shall be reviewed, in accordance with the procedures prescribed in this title, not less often than every 5 years.</content> </paragraph> </subsection> </section> <section> <num value="491">SEC. 491. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620c">16 USC 620c</ref>.</p></sidenote> <heading class="inline">RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND OTHER PUBLIC LANDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Order To Prohibit the Export of Unprocessed Timber Originating From State or Other Public Lands</inline>.—</heading> <content>Except as provided in subsection (e), the Secretary of Commerce shall issue orders to prohibit the export from the United States of unprocessed timber originating from public lands, in the amounts specified in subsection (b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Schedule for Determination To Prohibit the Export of Unprocessed Timber Originating From State or Other Public Lands</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">States with annual sales of 400,000,000 board feet or less</inline>.—</heading><content>With respect to States with annual sales volumes of 400,000,000 board feet or less, the Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit the export of unprocessed timber originating from public lands not later than 21 days after the date of the enactment of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">States with annual sales of greater than 400,000,000 board feet</inline>.—</heading> <chapeau>With respect to any State with an annual sales volume greater than 400,000,000 board feet, the following shall apply:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>The Secretary of Commerce shall issue an order referred to in subsection (a) not later than 21 days after the date of the enactment of this Act. Such order shall cover a period beginning 120 days after the issuance of such an order, or January 1, 1991, whichever is earlier, and shall extend to December 31, 1991. Such order shall prohibit the export of 75 percent of the annual sales volume in such State of unprocessed timber from public lands.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>For the period beginning on January 1, 1992, and ending on December 31, 1993, the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) not later than September 30, 1991. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2--year period.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>For the period beginning on January 1, 1994, and ending on December 31, 1995, the Secretary of Commerce shall, after notice and an opportunity for a hearing, issue an order referred to in subsection (a) not later than September 30, 1993. Such order shall prohibit the export of at least 75 percent of such State’s annual sales volume for this 2--year period.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>For all periods on or after January 1, 1996, the Secretary of Commerce shall issue an order referred to in subsection (a) not later than September 30, 1995. Such order <page identifier="/us/stat/104/720">104 STAT. 720</page>shall prohibit the export of the lesser of 400,000,000 board feet or the total annual sales volume.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Report to congress</inline>.—</heading> <content>Not later than June 1, 1995, the Secretary of Commerce, in conjunction with the Secretaries of Agriculture and Interior, shall issue a report to the Congress on the effects of the reallocation, as a result of the enactment of this title, of public lands timber resources to the domestic timber processing sector, the ability of the domestic timber processing sector to meet domestic demand for forest products, the volume of transshipment of timber originating from public lands across State borders, the effectiveness of rules issued and administered by States pursuant to this title, and trends in growth and productivity in the domestic timber processing sector.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Basis for Increase in Volume Prohibited From Export</inline>.—</heading> <chapeau>The Secretary of Commerce may increase the amount of unprocessed timber to be prohibited from export above the mini-mum amount specified in subsection (b)(2) (B) and (C), based on a determination that the purposes of this title have not been adequately met and that such an increase would further the purposes of this title. In making this determination, the Secretary shall consider—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>actions or decisions taken, for the purpose of conserving or protecting exhaustible natural resources in the United States, which have affected the use or availability of forest products;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>whether the volume of timber from public lands that is under contract has increased or decreased by an amount greater than 20 percent within the previous 12 months; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the probable effects of unprocessed timber exports on the ability of timber mills to acquire unprocessed timber.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Administrative Provisions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Delay of secretary’s order</inline>.—</heading> <content>In the event that any order of the Secretary of Commerce under subsection (a) or its implementation is delayed for any reason, the prohibitions on exports under subsection (b) to which such order would apply shall apply in the absence of such order.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Administration by states</inline>.—</heading> <content>Each State shall determine the species, grade, and geographic origin of unprocessed timber to be prohibited from export under subsection (b) and shall administer such prohibitions consistent with the intent of this title and ensure that the species, grades, and geographic origin of unprocessed timber prohibited from export is representative of the species, grades, and geographic origin of timber comprising such State’s total timber sales program. The State is authorized to cooperate with Federal and State agencies with appropriate jurisdiction to further the intent of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">State regulations</inline>.—</heading> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Except for States with annual sales of 400,000,000 board feet or less upon the date of the enactment of this Act, the Governor of each State to which this title applies, or such other State official as the Governor may designate, shall, within 120 days after the date of the enactment of this Act, issue regulations to carry out the purposes of this section, the promulgation of which shall be consistent with section 553 of title 5, United States Code. Such regulations in each State shall remain in effect until such time as the legislature of that State enacts such requirements as it deems appropriate to carry out this section. Before issuing such regulations, <page identifier="/us/stat/104/721">104 STAT. 721</page>the Governor shall enter into formal consultation, concerning such regulations, with appropriate State officials and with a State Board of Natural Resources where such a board exists. When formulating regulations under this paragraph, the Governor shall take into account the intent of this title to effect a net increase in domestic processing of timber harvested from public lands consistent with all orders issued by the Secretary of Commerce under subsection (a).</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The Governor of each State with annual sales of 400,000,000 board feet or less upon the date of the enactment of this Act, or such other State official as the Governor may designate, shall, within 120 days after the date of the enactment of this Act, issue regulations to carry out the purposes of this section. Until such regulations are issued in a State, the prohibitions contained in subsections (a) and (b) of section 490 shall apply to unprocessed timber originating from public lands in that State to the same extent as such prohibitions apply to unprocessed timber originating from Federal lands, except that the provisions of subsection (c) of such section shall not apply.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="inline"><inline class="smallCaps">Prior contracts</inline>.—</heading> <content>Nothing in this section shall apply to any contract for the purchase of unprocessed timber from public lands entered into before the effective date of a Secretary’s order issued under subsection (a).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="inline"><inline class="smallCaps">Western red cedar</inline>.—</heading> <content>Nothing in this section shall be construed to supersede the provisions of section 7(i) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(i)).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Presidential Authority</inline>.—</heading> <content class="inline">The President is authorized, after suitable notice and a public comment period of not less than 120 days, to suspend the provisions of this section if a panel of experts has reported to the Contracting Parties to the General Agreement on Tariffs and Trade, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that the provisions of this section are in violation of, or inconsistent with, United States obligations under that trade agreement.</content></subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Removal or Modifications of State Restrictions</inline>.—</heading> <content>Based upon a determination that it is in the national economic interest, the President may remove or modify any prohibition on exports from public lands in a State if that State petitions the President to remove or modify such prohibition.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Effect of Prior Federal Law</inline>.—</heading> <content>No provision of Federal law which imposes requirements with respect to the generation of revenue from State timberlands and was enacted before the enactment of this Act shall be construed to invalidate, supersede, or otherwise affect any action of a State or political subdivision of a State pursuant to this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <heading class="inline"><inline class="smallCaps">Surplus Timber</inline>.—</heading> <content>The prohibitions on exports contained in orders of the Secretary of Commerce issued under subsection (a) shall not apply to specific quantities of grades and species of unprocessed timber originating from public lands which the Secretary concerned determines by rule to be surplus to the needs of timber manufacturing facilities in the United States. Any such determination may, by rule, be withdrawn by the Secretary concerned if the Secretary determines that the affected timber is no longer surplus to the needs of timber manufacturing facilities in the United States.</content> </subsection> <page identifier="/us/stat/104/722">104 STAT. 722</page> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <heading class="inline"><inline class="smallCaps">Suspension of Prohibitions</inline>.—</heading> <content class="inline">Notwithstanding any other provision of this section, beginning on January 1, 1998, and annually thereafter, if the President finds, upon review of the purposes and implementation of this title, that the prohibitions on exports required by subsection (a) no longer promote the purposes of this title, then the President may suspend such prohibitions, except that such suspension shall not take effect until 90 days after the President notifies the Congress of such finding.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <heading class="inline"><inline class="smallCaps">Existing Authority Not Affected</inline>.—</heading> <content>Nothing in this title shall be construed to limit the authority of the President or the United States Trade Representative to take action authorized by law to respond appropriately to any measures taken by a foreign government in connection with this title.</content> </subsection> </section> <section> <num value="492">SEC. 492. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620d">16 USC 620d</ref>.</p></sidenote> <heading class="inline">MONITORING AND ENFORCEMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Monitoring and Reports</inline>.—</heading> <chapeau>In accordance with regulations issued under this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>each person who acquires, either directly or indirectly, unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States shall report the receipt and disposition of such timber to the Secretary concerned, in such form as such Secretary may by rule prescribe; except that nothing in this paragraph shall be construed to hold any person responsible for the reporting of the disposition of any such timber held by subsequent persons; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">each person who transfers to another person unprocessed timber originating from Federal lands west of the 100th meridian in the contiguous 48 States shall, before completing such transfer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>provide to such other person a written notice, in such form as the Secretary concerned may prescribe, which shall identify the Federal origin of such timber;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>receive from such other person a written acknowledgment of such notice and a written agreement that such other person will comply with the requirements of this title, in such form as the Secretary concerned may prescribe; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>provide to the Secretary concerned copies of all notices, acknowledgments, and agreements referred to in subparagraphs (A) and (B).</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report to Congress</inline>.—</heading> <chapeau>Using the information gathered under subsection (a), the Secretaries of Agriculture and Interior shall, not later than June 1, 1995, submit to the Congress a report on the disposition of unprocessed timber harvested from Federal lands west of the 100th meridian in the contiguous 48 States, and recommendations concerning the practice of indirect substitution of such timber for exported timber harvested from private lands. Specifically, such report shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>analyze the effects of indirect substitution on market efficiency;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>analyze the effects of indirect substitution on domestic log supply;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>offer any recommendations that the Secretaries consider necessary for specific statutory or regulatory changes regarding indirect substitution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>provide summaries of the data collected;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>analyze the effects of the provisions of section 490(b)(2)(C); and</content> </paragraph> <page identifier="/us/stat/104/723">104 STAT. 723</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>provide such other information as the Secretaries consider appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Civil Penalties for Violation</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Exports</inline>.—</heading> <content>If the Secretary concerned finds, on the record and after an opportunity for a hearing, that a person, with willful disregard for the prohibition contained in this title against exporting Federal timber, exported or caused to be exported unprocessed timber originating from Federal lands in violation of this title, such Secretary may assess against such person a civil penalty of not more than $500,000 for each violation, or 3 times the gross value of the unprocessed timber involved in the violation, whichever amount is greater.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Other violations</inline>.—</heading> <chapeau>If the Secretary concerned finds, on the record and after an opportunity for a hearing, that a person has violated any provision of this title or any regulation issued under this title relating to lands which they administer (not-withstanding that such violation may not have caused the export of unprocessed Federal timber in violation of this title), such Secretary may—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>assess against such person a civil penalty of not more than $75,000 for each violation if the Secretary determines that the person committed such violation in disregard of such provision or regulation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>assess against such person a civil penalty of not more than $50,000 for each violation if the Secretary determines that the person should have known that the action constituted a violation; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">assess against such person a civil penalty of not more than $500,000 if the Secretary determines that the person committed such violation willfully.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="inline"><inline class="smallCaps">Penalties not exclusive; judicial review</inline>.—</heading> <content>A penalty assessed under this subsection shall not be exclusive of any other penalty provided by law and shall be subject to review in an appropriate United States district court.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Administrative Remedies</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="inline"><inline class="smallCaps">Debarment</inline>.—</heading> <content>The head of the appropriate Federal department or agency under this title may debar any person who violates this title, or any regulation or contract issued under this title, from entering into any contract for the purchase of unprocessed timber from Federal lands for a period of not more than 5 years. Such person shall also be precluded from taking delivery of Federal timber purchased by another party for the period of debarment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="inline"><inline class="smallCaps">Cancellation of contracts</inline>.—</heading> <content>The head of the appropriate Federal department or agency under this title may cancel any contract entered into with a person found to have violated this title or regulations issued under this title.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content>Subsections (c) and (d) do not apply to violations of section 498.</content> </subsection> </section> <section> <num value="493">SEC. 493. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620e">16 USC 620e</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>For purposes of this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “acquire” means to come into possession of, whether directly or indirectly, through a sale, trade, exchange, or other transaction, and the term “acquisition” means the act of acquiring.</content> </paragraph> <page identifier="/us/stat/104/724">104 STAT. 724</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The term “Federal lands” means lands that are owned by the United States, but does not include any lands the title to which is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>held in trust by the United States for the benefit of any Indian tribe or individual,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>held by any Indian tribe or individual subject to a restriction by the United States against alienation, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>held by any Native Corporation as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The term “person” means any individual, partnership, corporation, association, or other legal entity and includes any subsidiary, subcontractor, or parent company, and business affiliates where 1 affiliate controls or has the power to control the other or when both are controlled directly or indirectly by a third person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">The term “private lands” means lands held or owned by a person. Such term does not include Federal lands or public lands, or any lands the title to which is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>held in trust by the United States for the benefit of any Indian tribe or individual,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>held by any Indian tribe or individual subject to a restriction by the United States against alienation, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>held by any Native Corporation as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">The term “public lands” means lands west of the 100th meridian in the contiguous 48 States, that are held or owned by a State or political subdivision thereof, or any other public agency. Such term does not include any lands the title to which is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>held by the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>held in trust by the United States for the benefit of any Indian tribe or individual,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>held by any Indian tribe or individual subject to a restriction by the United States against alienation, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>held by any Native Corporation as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau class="inline">The term “Secretary concerned” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the Secretary of Agriculture, with respect to Federal lands administered by that Secretary; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Secretary of the Interior with respect to Federal lands administered by that Secretary.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The term “unprocessed timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">The term “unprocessed timber” does not include timber processed into any one of the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">Lumber or construction timbers, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on 4 sides, not intended for remanufacture.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspection <page identifier="/us/stat/104/725">104 STAT. 725</page>Bureau Export R or N list clear grades, sawn on 4 sides, not to exceed 12 inches in thickness.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, that do not meet the grades referred to in clause (ii) and are sawn on 4 sides, with wane less than ¼ of any face, not exceeding 8 ¾ inches in thickness.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content class="inline">Chips, pulp, or pulp products.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="v">(v) </num> <content class="inline">Veneer or plywood.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="vi">(vi) </num> <content class="inline">Poles, posts, or piling cut or treated with preservatives for use as such.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="vii">(vii) </num> <content class="inline">Shakes or shingles.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="viii">(viii) </num> <content class="inline">Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ix">(ix) </num> <content class="inline">Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips.</content></clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The acquisition of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States to be used in “substitution” for exported unprocessed timber originating from private lands means acquiring unprocessed timber from such Federal lands and engaging in exporting, or selling for export, unprocessed timber originating from private lands within the same geographic and economic area.</content> </paragraph> </section> <section> <num value="494">SEC. 494. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620">16 USC 620 note</ref>.</p></sidenote> <heading class="inline">EFFECTIVE DATE.</heading> <content>Except as otherwise provided in this title, the provisions of this title take effect on the date of the enactment of this Act.</content> </section> <section> <num value="495">SEC. 495. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620f">16 USC 620f</ref>.</p></sidenote> <heading class="inline">REGULATIONS AND REVIEW.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Regulations</inline>.—</heading> <content>The Secretaries of Agriculture and Interior shall, in consultation, each prescribe new coordinated and consistent regulations to implement this title on lands which they administer. The Secretary of Commerce shall promulgate such rules and guide-lines as may be necessary to carry out this title. Except as otherwise provided in this title, regulations and guidelines under this subsection shall be issued not later than 9 months after the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Review</inline>.—</heading> <content>The Secretaries of Agriculture and Interior shall, in consultation, review the definition of unprocessed timber under section 493(7) for purposes of this title and, not later than 18 months after the date of the enactment of this Act, submit to the Congress any recommendations they have with respect to such definition. Specifically, the Secretaries shall report on the effects of maintaining <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>2 size standards under section 493(B) (ii) and (iii).</content> </subsection> </section> <section> <num value="496">SEC. 496. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620g">16 USC 620g</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>There are authorized to be appropriated such sums as may be necessary to carry out this title.</content> </section> <section> <num value="497">SEC. 497. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620h">16 USC 620h</ref>.</p></sidenote> <heading class="inline">SAVINGS CLAUSE.</heading> <content>Nothing in this title, or regulations issued under this title, shall be construed to abrogate or affect any timber sale contract entered into before the effective date of this title.</content> </section> <section> <num value="498">SEC. 498. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620i">16 USC 620i</ref>.</p></sidenote> <heading class="inline">EASTERN HARDWOODS STUDY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <chapeau class="inline">The Secretary of Commerce, in conjunction with the Secretary of Agriculture and the Secretary of the Interior, shall <page identifier="/us/stat/104/726">104 STAT. 726</page>conduct a study of the export from the United States, during the 2-year period beginning on January 1, 1991, of unprocessed hard-wood timber harvested from Federal lands or public lands east of the 100th meridian. In order to carry out the provisions of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary of Commerce shall require each person exporting such timber from the United States to declare, in addition to the information normally required in the Shipper’s Export Declarations, the State in which the timber was grown and harvested; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of Agriculture and the Secretary of the Interior shall ensure that all hardwood saw timber harvested from Federal lands east of the 100th meridian is marked in such a manner as to make it readily identifiable at all times before its manufacture, and shall take such steps as each Secretary considers appropriate to ensure that such markings are not altered or destroyed before manufacturing.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Report to Congress</inline>.—</heading> <content>Not later than April 1, 1993, the Secretary of Commerce shall submit to the Committees on Agriculture, Interior and Insular Affairs, and Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the volume and value of unprocessed timber grown and harvested from Federal lands or public lands east of the 100th meridian that is exported from the United States during the 2-year period beginning on January 1, 1991, the country to which such timber is exported, and the State in which such timber was grown and harvested.</content> </subsection> </section> <section> <num value="499">SEC. 499. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s620j">16 USC 620j</ref>.</p></sidenote> <heading class="inline">AUTHORITY OF EXPORT ADMINISTRATION ACT OF 1979.</heading> <chapeau>Nothing in this title shall be construed to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prejudice the outcome of pending or prospective petitions filed under, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>warrant the exercise of the authority contained in, section 7 of the Export Administration Act of 1979 with respect to the export of unprocessed timber.</content> </paragraph> </section> Approved August 20, 1990.
LEGISLATIVE HISTORY—H.R. 1594: HOUSE REPORTS: No. 101–99 (Comm. on Ways and Means) and No. 101—650 (Comm. of Conference). SENATE REPORTS: No. 101–252 (Comm. on Finance). CONGRESSIONAL RECORD:

Vol. 135 (1989): June 27, considered and rejected in House.

Sept. 7, considered and passed House.

Vol. 136 (1990): Apr. 19, 20, 23, 24, considered and passed Senate, amended.

May 9, House concurred in Senate amendment with an amendment.

July 31, Senate agreed to conference report.

Aug. 3, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Aug. 20, Presidential statement.

 Public Law 101–383: To extend titles I and II of the Energy Policy and Conservation Act. and for other purposes. Public Law 383 Public Law 101–383 104 Stat. 727 1990-09-15 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 2025-06-19 101 public 104 STAT. 727 Public Law 101–383 101st Congress
An Act To extend titles I and II of the Energy Policy and Conservation Act. and for other purposes.

Sept. 15, 1990

[S. 2088]

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

Energy Policy and Conservation Act Amendments of 1990.

Petroleum and petroleum products.

42 USC 6201 note.

50 USC app. 2071 note.
SECTION 1. SHORT TITLE. This Act may be referred to as the “Energy Policy and Conservation Act Amendments of 1990”.
SEC. 2. EXTENSION OF AUTHORITY. The Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) is amended— (1) in section 104(b)(1) by striking out “September 15, 1990” and inserting in lieu thereof “September 30, 1994”; (2) in section 171, by striking out “September 15, 1990” each

42 USC 6251.

 place it appears and inserting in lieu thereof “September 30, 1994”; and (3) in section 281, by striking out “September 15, 1990” each

42 USC 6285.

 place it appears and inserting in lieu thereof “September 30, 1994”.
SEC. 3. SEVERE DOMESTIC ENERGY SUPPLY INTERRUPTIONS. (a) Definitions.— Section 3(8)(C) of the Energy Policy and Conservation Act (42 U.S.C. 6202(8)(C)) is amended— (1) by inserting “(i)” after “from” the first place it appears; and (2) by striking out “or from” and inserting in lieu thereof: “(ii) an interruption in the supply of domestic petroleum products, or (iii)”. (b) Drawdown.— Section 161 of such Act (42 U.S.C. 6241) is amended by adding at the end the following: “(h) (1) If the President finds that— “(A) a circumstance, other than those described in subsection (d), exists that constitutes, or is likely to become, a domestic energy supply shortage of significant scope or duration; and “(B) action taken under this subsection would assist directly and significantly in preventing or reducing the adverse impact of such shortage, then the Secretary may, subject to the limitations of paragraph (2), draw down and distribute the Strategic Petroleum Reserve. “(2) In no case may the Reserve be drawn down under this subsection— “(A) in excess of an aggregate of 30,000,000 barrels with respect to each such shortage; “(B) for more than 60 days with respect to each such shortage; “(C) if there are fewer than 500,000,000 barrels of petroleum product stored in the Reserve; or 104 STAT. 728 “(D) below the level of an aggregate of 500,000,000 barrels of petroleum product stored in the Reserve. “(3)

Reports.

 During any period in which there is a drawdown and distribution of the Reserve in effect under this subsection, the Secretary shall transmit a monthly report to the Congress containing an account of the drawdown and distribution of petroleum products under this subsection and an assessment of its effect. “(4) In no case may the drawdown under this subsection be extended beyond 60 days with respect to any domestic energy supply shortage.”.
SEC. 4. ENLARGEMENT OF SPR TO ONE BILLION BARRELS. (a) In General.— Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended by adding at the end the following new subsections: “(i)

Reports.

 No later than 18 months after the date of the enactment of the Energy Policy and Conservation Act Amendments of 1990, the Secretary shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of negotiations undertaken pursuant to part C. The report shall— “(1) describe the terms of any contracts negotiated pursuant to part C and any cost savings that would result from such contracts relative to the costs of acquisition pursuant to part B; and “(2) give all available information on any cost savings that would likely result from additional contracts that could be negotiated pursuant to part C for completion of the storage of one billion barrels of petroleum product in the Reserve relative to the costs of acquisition pursuant to part B. “(j) No later than 24 months after the date of the enactment of the Energy Policy and Conservation Act Amendments of 1990, the Secretary shall amend the Strategic Petroleum Reserve Plan to prescribe plans for completion of storage of one billion barrels of petroleum product in the Reserve. Such amendment shall comply with the provisions of this section and shall detail the Secretary’s plans for the design, construction, leasing or other acquisition, and fill of storage and related facilities of the Reserve to achieve such one billion barrels of storage. Such amendment shall not be subject to the congressional review procedures contained in section 551. In assessing alternatives in the development of such plans, the Secretary shall consider leasing privately owned storage facilities.”. (b) Conforming Amendments.— Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended— (1) in subsection (c)(3)— (A) by striking out “fiscal years 1988 and 1989” and inserting in lieu thereof “fiscal year 1994”; and (B) by striking out “at least 750,000,000” and inserting in lieu thereof “1,000,000,000”; and (2) in subsection (d)(1), by inserting before the period at the end of subparagraph (B) the following: “and the Secretary has amended the Strategic Petroleum Reserve Plan as required by section 159(j)” (c) Facilities.— Section 160(d)(1)(A) of such Act (42 U.S.C. 6240(d)(1)(A)) is amended by inserting after “within” the following: “Government owned facilities of”.
104 STAT. 729
SEC. 5. PREDRAWDOWN DIVERSION OF SPR OIL. (a) In General.— Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended by adding at the end the following: “(f) If the Secretary finds that a severe energy supply interruption may be imminent, the Secretary may suspend the acquisition of petroleum product for, and the injection of petroleum product into, the Reserve and may sell any petroleum product acquired for and in transit to, but not injected into, the Reserve.”. (b) Conforming Amendments.— (1) Section 167(b)(3) of such Act (42 U.S.C. 6247(b)(3)) is amended by inserting after “(g) of such section” the following: “, or from the sale of petroleum products under section 160(f)”. (2) Section 167(d) of such Act (42 U.S.C. 6247(d)) is amended by inserting after “(g) of such section” the following: “, and from the sale of petroleum products under section 160(f)”. (3) Section 160(d) of such Act (42 U.S.C. 6240(d)) is amended by adding at the end the following: “(4) For any fiscal year in which purchases of petroleum products are suspended, or the sale of petroleum products is carried out, under subsection (f), the fill-rate requirements of paragraph (1)(B) shall be reduced by— “(A) the amount of petroleum products are acquired for such fiscal year as a result of such suspension; plus “(B) the amount of petroleum products sold under such subsection during such fiscal year.”.
SEC. 6. LEASING AUTHORITY. (a) In General.— Title I of the Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.) is amended— (1) in section 152, by inserting “and part C” after “this part”

42 USC 6232.

 in the material preceding paragraph (1); (2) by redesignating part C as part D; (3) by redesignating section 171 (after the amendment is made

42 USC 6251.

 by section 2(2) of this Act) as section 181; and (4) by adding the following new part after part B: “Part C— Authority To Contract for Petroleum Product Not Owned by the United States
“contracting for petroleum product and facilities “Sec. 171. (a) In General.— Subject to the other provisions of this

42 USC 6249.

 part, the Secretary may contract— “(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and “(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States. “(b) Conditions.— (1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretary’s authority under part B. “(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) only if— 104 STAT. 730 “(A) the Secretary determines (i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B, and (ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B; and “(B) the Secretary notifies each House of the Congress of such determination and includes in such notification the same information required under section 154(e) with regard to storage and related facilities proposed to be included, or petroleum product proposed to be stored, in the Reserve. “(3) A contract entered into under subsection (a) shall not limit the discretion of the President or the Secretary to conduct a drawdown and distribution of the Reserve. “(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations. “(c) Charge for Storage.— The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage. “(d) Duration.— Contracts entered into under subsection (a) may be of such duration as the Secretary considers necessary or appropriate. “(e) Binding Arbitration.— The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a).
“implementation “Sec. 172.

42 USC 6249a.

 (a) Amendment to Plan Not Required.— An amendment of the Strategic Petroleum Reserve Plan is not required for any action taken under this part. “(b) Fill Rate Requirement.— For purposes of section 160(d)(1), any petroleum product stored in the Reserve under this part that is removed from the Reserve at the expiration, termination, or other conclusion of the agreement shall be considered to be part of the Reserve until the beginning of the fiscal year following the fiscal year in which the petroleum product was removed. “(c) Legal Status Regarding Other Law.— Petroleum product and facilities contracted for under this part have the same status as petroleum product and facilities owned by the United States for all purposes associated with the exercise of the laws of any State or political subdivision thereof. “(d) Return of Product.— At such time as the petroleum product contracted for under this part is withdrawn from the Reserve upon the expiration, termination, or other conclusion of the contract, such petroleum product (or the equivalent quantity of petroleum product withdrawn from the Reserve pursuant to the contract) shall be deemed, for purposes of determining the extent to which such product is thereafter subject to any Federal, State, or local law or regulation, not to have left the place where such petroleum product was located at the time it was originally committed to a contract under this part.
104 STAT. 731
“contracts for which no implementing legislation is needed “Sec. 173. (a) Congressional Review.— In the case of contracts

42 USC 6249b.

 entered into under this part, and amendments to such contracts, for which no implementing legislation is needed, the Secretary shall transmit each such contract and each such amendment to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate and to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives within 30 days after the signing thereof. “(b) Effective Date.— (1) Any such contract, and any such amendment, shall not become effective until the end of the 30-day period of continuous session of Congress after the date of such transmittal, except that such contract may become effective without regard to such period if the President determines that such contract is required as a result of a severe energy supply interruption or by obligations of the United States under the international energy program. “(2) For purposes of paragraph (1)— “(A) continuity of session is broken only by an adjournment of Congress sine die; and “(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved.
“contracts for which implementing legislation is needed “Sec. 174. (a) In General.— (1) In the case of contracts entered

42 USC 6249c.

 into under this part, and amendments to such contracts, for which implementing legislation will be needed, the Secretary may transmit an implementing bill to both Houses of the Congress. “(2) In the Senate, any such bill shall be considered in accordance with the provisions of this section. “(3) For purposes of this section— “(A) the term ‘implementing bill’ means a bill introduced in either House of Congress with respect to one or more contracts or amendments to contracts submitted to the House of Representatives and the Senate under this section and which contains— “(i) a provision approving such contracts or amendments, or both; and “(ii) legislative provisions that are necessary or appropriate for the implementation of such contracts or amendments, or both; and “(B) the term ‘implementing revenue bill’ means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives. “(b) Consultation.— The Secretary shall consult, at the earliest possible time and on a continuing basis, with each committee of the House and the Senate that has jurisdiction over all matters expected to be affected by legislation needed to implement any such contract. “(c) Effective Date.— Each contract and each amendment to a contract for which an implementing bill is necessary may become effective only if— 104 STAT. 732 “(1)

Federal Register, publication.

 the Secretary, not less than 30 days before the day on which such contract is entered into, notifies the House of Representatives and the Senate of the intention to enter into such a contract and promptly thereafter publishes notice of such intention in the Federal Register; “(2)

Reports.

 after entering into the contract, the Secretary transmits a report to the House of Representatives and to the Senate containing a copy of the final text of such contract together with— “(A) the implementing bill, and an explanation of how the implementing bill changes or affects existing law; and “(B) a statement of the reasons why the contract serves the interests of the United States and why the implementing bill is required or appropriate to implement the contract; and “(3) the implementing bill is enacted into law. “(d) Rules of the Senate.— Subsections (e) through (h) are enacted by the Congress— “(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate but applicable only with respect to the procedure to be followed in the Senate in the case of implementing bills and implementing revenue bills described in subsection (a), and they supersede other rules only to the extent that they are inconsistent therewith; and “(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. “(e) Introduction and Referral in the Senate.— (1) On the day on which an implementing bill is transmitted to the Senate under this section, the implementing bill shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself or herself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. “(2) If the Senate is not in session on the day on which such an agreement is submitted, the implementing bill shall be introduced in the Senate, as provided in the paragraph (1), on the first day thereafter on which the Senate is in session. “(3) Such bills shall be referred by the presiding officer of the Senate to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions. “(f) Consideration of Amendments to Implementing Bill Prohibited in the Senate.— (1) No amendments to an implementing bill shall be in order in the Senate, and it shall not be in order in the Senate to consider an implementing bill that originated in the House if such bill passed the House containing any amendment to the introduced bill. “(2) No motion to suspend the application of this subsection shall be in order in the Senate; nor shall it be in order in the Senate for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. “(g) Discharge in the Senate.— (1) Except as provided in paragraph (3), if the committee or committees of the Senate to which an104 STAT. 733 implementing bill has been referred have not reported it at the close of the 30th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill, and it shall be placed on the appropriate calendar. “(2) A vote on final passage of the bill shall be taken in the Senate on or before the close of the 15th day after the bill is reported by the committee or committees to which it was referred or after such committee or committees have been discharged from further consideration of the bill. “(3) The provisions of paragraphs (1) and (2) shall not apply in the Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be, subject to subsection (f)(1), referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate, such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill. “(4) For purposes of this subsection, in computing a number of days in the Senate, there shall be excluded any day on which the Senate is not in session. “(h) Floor Consideration in the Senate.— (1) A motion in the Senate to proceed to the consideration of an implementing bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. “(2) Debate in the Senate on an implementing bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. “(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill shall be limited to not more than one hour to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. “(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill is not in order.”.
(b) Conforming Amendments.— The table of contents of the Energy Policy and Conservation Act is amended— (1) by adding at the end of the items for title I the following items: “Part C— “Sec. 171. “Sec. 172. “Sec. 173. “Sec. 174. 104 STAT. 734 (2) by redesignating part C in the items for title I as part D; and (3) by redesignating the item for section 171 as the item for section 181.
SEC. 7. REFINED PETROLEUM PRODUCT RESERVE. Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended by adding at the end the following after the subsection added by section 5(a) of this Act: “(g) (1) The Secretary shall conduct a test program of storage of refined petroleum products within the Reserve. The test program shall commence during fiscal year 1992 and continue through fiscal year 1994. The test program shall demonstrate mechanisms for storage of refined petroleum products within the Reserve which may be drawn down in accordance with this part. “(2) The mechanisms demonstrated under paragraph (1)— “(A)

Contracts.

 shall include the acquisition by lease or purchase, or both, of refined petroleum products for storage in the Reserve and shall include the acquisition by lease of storage facilities; and “(B) may include other mechanisms including, but not limited to, industrial petroleum reserves pursuant to section 156 and State set-aside programs, except that such mechanisms must provide equivalent control over the drawdown and distribution of such refined petroleum products as is provided under this part. “(3) Any refined petroleum products stored in the Reserve under this subsection shall be stored in locations to be determined by the Secretary, taking into account the proximity of existing distribution systems, the proximity of the area or areas of the United States most dependent on imported petroleum products or likely to experience shortages of refined petroleum products, and the capability for expeditious distribution to such area or areas. “(4) In the conduct of the test program under paragraph (1), the Secretary shall increase the quantity of refined petroleum products acquired for storage in the Reserve by an amount equal to 10 percent of the fill of the Reserve during each of the fiscal years 1992, 1993, and 1994, except that the Secretary may not expend more than 10 percent of the funds appropriated for the acquisition, transportation and injection of petroleum products into the Reserve during each of the fiscal years covered by the test program. “(5) In the conduct of the test program under paragraph (1), the Secretary may not construct or purchase facilities for the storage of refined petroleum products. “(6) Refined petroleum products stored in the Reserve under the test program may be withdrawn from the Reserve before the conclusion of the test program— “(A) as may be necessary to turn such products over because of changes in the physical characteristics of the product; or “(B) on the basis of a finding made under section 161. “(7)

Reports.

 No later than January 31, 1994, the Secretary shall transmit to the Congress a report on the test program. The report shall evaluate the mechanisms demonstrated under the test program, other potential mechanisms, and the purchase of facilities. The report shall include an assessment of the costs and benefits of the various mechanisms. The report shall also make recommendations with regard to future storage of refined petroleum products and104 STAT. 735 contain drafts of any legislative provisions which the Secretary wishes to recommend.”.
SEC. 8. TEST DRAWDOWN. Paragraph (1) of section 161(g) of the Energy Policy and Conservation Act (42 U.S.C. 6241(g)(1)) is amended to read as follows: “(1) The Secretary shall conduct a continuing evaluation of the Distribution Plan. In the conduct of such evaluation, the Secretary is authorized to carry out test drawdown and distribution of crude oil from the Reserve. If any such test drawdown includes the sale or exchange of crude oil, then the aggregate quantity of crude oil withdrawn from the Reserve may not exceed 5,000,000 barrels during any such test drawdown or distribution.”.
SEC. 9. EXEMPTION FROM INTERSTATE COMMERCE ACT. Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239), is amended by adding at the end the following new subsection after the subsection added by section 4(a) of this Act: “(k) A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.”.
SEC. 10. AUTHORITY TO ALLOW EXCHANGE OF SPR OIL. Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection after the subsection added by section 3(b) of this Act: “(i) Notwithstanding any other law, the President may permit any petroleum products withdrawn from the Strategic Petroleum Reserve in accordance with this section to be sold and delivered for refining or exchange outside of the United States, in connection with an arrangement for the delivery of refined petroleum products to the United States.”.
SEC. 11. DRAWDOWN PLAN AMENDMENTS DURING IMPLEMENTATION. Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended by inserting at the end of the section the following new subsection after the subsection added by section 9 of this Act: “(l) Notwithstanding subsection (d), during any period in which the Distribution Plan is being implemented, the Secretary may amend the plan and promulgate rules, regulations, or orders to implement such amendments in accordance with section 523 of this Act, without regard to the requirements of section 553 of title 5,104 STAT. 736 United States Code, and section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). Such amendments shall be transmitted to the Congress together with a statement explaining the need for such amendments.”.
Approved September 15, 1990.
LEGISLATIVE HISTORY—S. 2088 (H.R. 3193): HOUSE REPORTS: No. 101–604 accompanying H.R. 3193 (Comm. on Energy and Commerce) and No. 101–698 (Comm. of Conference). SENATE REPORTS: No. 101–289 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD. Vol. 136 (1990):

May 22, considered and passed Senate.

July 16, H.R. 3193 considered and passed House; S. 2088, amended, passed in lieu.

Sept. 13, House and Senate agreed to conference report.

 Public Law 101–384: To amend title 39, United States Code, to allow free mailing privileges to be extended to members of the Armed Forces while engaged in temporary military operations under arduous circumstances. Public Law 384 Public Law 101–384 104 Stat. 737 1990-09-18 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 2025-06-19 101 public 104 STAT. 737 Public Law 101–384 101st Congress
An Act To amend title 39, United States Code, to allow free mailing privileges to be extended to members of the Armed Forces while engaged in temporary military operations under arduous circumstances.

Sept. 18, 1990

[S. 3033]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3401(a)(1)(A) of title 39, United States Code, is amended by inserting “engaged in temporary military operations under arduous circumstances,” before “or serving”.
Approved September 18, 1990.
LEGISLATIVE HISTORY—S. 3033 (H.R. 5611): CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 13, H.R. 5611 considered in House.

Sept. 14, S. 3033 considered and passed Senate.

Sept. 17, S. 3033 and H.R. 5611 considered and passed House.

 Public Law 101–385: Designating the week beginning September 16, 1990, as “Emergency Medical Services Week”. Public Law 385 Public Law 101–385 104 Stat. 738 1990-09-20 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 2025-06-19 101 public 104 STAT. 738 Public Law 101–385 101st Congress
Joint Resolution Designating the week beginning September 16, 1990, as “Emergency Medical Services Week”.

Sept. 20, 1990

[H.J. Res 568]

 Whereas the members of emergency medical services teams devote their lives to saving the lives of others; Whereas emergency medical services teams consist of emergency physicians, nurses, emergency medical technicians, paramedics, educators, and administrators; Whereas the people of the United States benefit daily from the knowledge and skill of these trained individuals; Whereas advances in emergency medical care increase the number of lives saved every year; Whereas the professional organizations of providers of emergency medical services promote research to improve emergency medical care; Whereas the members of emergency medical services teams work together to improve and adapt their skills as new methods of emergency treatment are developed; Whereas the members of emergency medical services teams encourage national standardization of training and testing of emergency medical personnel and reciprocal recognition of training and credentials by the States; Whereas the designation of Emergency Medical Services Week will serve to educate the people of the United States about accident prevention and what to do when confronted with a medical emergency; and Whereas it is appropriate to recognize the value and the accomplishments of emergency medical services teams by designating Emergency Medical Services Week: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week beginning September 16, 1990, is designated as “Emergency Medical Services Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities.
Approved September 20, 1990.
LEGISLATIVE HISTORY—H.J. Res. 568 (S.J. Res. 359): CONGRESSIONAL RECORD. Vol. 136 (1990):

Sept. 13, considered and passed House.

Sept. 17, considered and passed Senate.

 Public Law 101–386: To amend the Act of June 20, 1910, to clarify in the State of New Mexico authority to exchange lands granted by the United States in trust, and to validate prior land exchanges. Public Law 386 Public Law 101–386 104 Stat. 739 1990-09-20 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 2025-06-19 101 public 104 STAT. 739 Public Law 101–386 101st Congress
An Act To amend the Act of June 20, 1910, to clarify in the State of New Mexico authority to exchange lands granted by the United States in trust, and to validate prior land exchanges.

Sept. 20, 1990

[S. 2597]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO EXCHANGE LAND. Section 10 of the Act of June 20, 1910 (36 Stat. 563), is amended by inserting after the ninth paragraph thereof the following new paragraph: “The State commissioner of public lands may exchange any land granted or confirmed by this Act for any land of the United States or an agency thereof, a State agency or political subdivision, a beneficiary of lands granted or confirmed by this Act, an Indian tribe or pueblo, or a private entity when the commissioner finds, after consultation with the chief administrative officer of the affected beneficiary of lands granted or confirmed by this Act, that— “(1) based upon appraisals of the true value thereof, the value of the land to be received by the State is equal to or greater than the land to be conveyed by the State; and “(2) the proposed exchange is beneficial to the interests of the affected beneficiary.”.
SEC. 2. EFFECTIVE DATE. (a) Finding.— The Congress finds that the retroactive application of the amendment made in section 1 to approve, validate, and ratify land exchanges made prior to the effective date of the amendment will not prejudice the interests of any person and will benefit the interests of the parties to such exchanges, the beneficiaries of land granted or confirmed under the Act of June 20, 1910, and the public. (b) Retroactive Application.— On the date that the Secretary of State of the State of New Mexico certifies that the people of the State of New Mexico have consented to this Act by amendment of article XXI of the constitution of the State of New Mexico, the amendment made in section 1 shall be effective as of June 20, 1910, so as to approve, validate, and ratify all exchanges made after that date of lands granted or confirmed to the State of New Mexico after that date.
104 STAT. 740
SEC. 3. CONSENT TO CONSTITUTIONAL AMENDMENTS. The consent of Congress is given to amendments to article XXI of the Constitution of the State of New Mexico to consent to the amendment made in section 1, to become effective as of June 20, 1910, as provided in section 2.
Approved September 20, 1990.
LEGISLATIVE HISTORY—S. 2597: CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 1, considered and passed Senate.

Sept. 10, considered and passed House.

 Public Law 101–387: To designate the period commencing September 9, 1990, and ending on September 15, 1990, as “National Historically Black Colleges Week”. Public Law 387 Public Law 101–387 104 Stat. 741 1990-09-20 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 2025-06-19 101 public 104 STAT. 741 Public Law 101–387 101st Congress
Joint Resolution To designate the period commencing September 9, 1990, and ending on September 15, 1990, as “National Historically Black Colleges Week”.

Sept. 20, 1990

[H.J. Res 285]

 Whereas there are 107 Historically Black Colleges and Universities in the United States; Whereas such colleges and universities provide the quality education so essential to full participation in a complex, highly technological society; Whereas black colleges and universities have a rich heritage and have played a prominent role in American history; Whereas such institutions have allowed many underprivileged students to attain their full potential through higher education; and Whereas the achievements and goals of the Historically Black Colleges are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the period commencing September 9, 1990, and ending on September 15, 1990, is designated as “National Historically Black Colleges Week” and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups to observe such week with appropriate ceremonies, activities, and programs, thereby demonstrating support for Historically Black Colleges and Universities in the United States.
Approved September 20, 1990.
LEGISLATIVE HISTORY—S.J. Res. 285: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Sept. 10, considered and passed House.

 Public Law 101–388: To designate October 1990 as “Polish American Heritage Month”. Public Law 388 Public Law 101–388 104 Stat. 742 1990-09-20 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 2025-06-19 101 public 104 STAT. 742 Public Law 101–388 101st Congress
Joint Resolution To designate October 1990 as “Polish American Heritage Month”.

Sept. 20, 1990

[S.J. Res. 289]

 Whereas the first Polish immigrants to North America were among the first settlers of Jamestown, Virginia in the seventeenth century; Whereas Kazimierz Pulaski, Tadeusz Kosciuszko, and other Poles came to the British colonies in America to fight in the Revolutionary War and to risk their lives and fortunes for the creation of the United States; Whereas Poles and Americans of Polish descent have distinguished themselves by contributing to the development of arts, sciences, government, military service, athletics, and education in the United States; Whereas, the Polish Constitution of May 3, 1791, was modeled directly on the Constitution of the United States, is recognized as the second written constitution in history, and is revered by Poles and Americans of Polish descent; Whereas Poles and Americans of Polish descent take great pride and honor the greatest son of Poland, His Holiness Pope John Paul the Second; Whereas Poles and Americans of Polish descent and people everywhere applauded the efforts of Solidarity’s leader Lech Walesa and the Polish Government in holding a Round Table conference in February-April 1989, which led to a peaceful transition to a multiparty democracy; Whereas Americans of Polish descent and Americans take great pride in the election of Tadeusz Mazowiecki as Prime Minister of Poland; Whereas Americans of Polish descent and Americans support the struggle of the Polish people to move toward a free-market economy; and Whereas the Polish American Congress is observing its forty-sixth anniversary this year and is celebrating October 1990 as Polish American Heritage Month: Now, therefore, be it 104 STAT. 743 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 1990 is designated “Polish American Heritage Month”, and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such a month with appropriate ceremonies and activities.
Approved September 20, 1990.
LEGISLATIVE HISTORY—S.J. Res. 289: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Sept. 10, considered and passed House.

 Public Law 101–389: Designating the month of October 1990 as “Crime Prevention Month”. Public Law 389 Public Law 101–389 104 Stat. 744 1990-09-20 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 2025-06-19 101 public 104 STAT. 744 Public Law 101–389 101st Congress
Joint Resolution Designating the month of October 1990 as “Crime Prevention Month”.

Sept. 20, 1990

[H.J. Res. 309]

 Whereas it has been proven that community crime prevention efforts are reducing victimization by crime and helping to rebuild a sense of mutual responsibility and shared pride in community; Whereas the National Citizens’ Crime Prevention Campaign, featuring McGruff the Crime Dog and promoted by the United States Department of Justice, the National Crime Prevention Council, the Advertising Council, and the Crime Prevention Coalition, helps spur diverse local partnerships among law enforcement agencies, citizens, businesses, and government which work to reduce crime and improve community life throughout the Nation; and Whereas the 10th anniversary of McGruff the Crime Dog as a symbol of the Nation’s fight against crime and drugs will be celebrated in October 1990: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the month of October 1990 is designated as “Crime Prevention Month”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate programs, ceremonies, and activities.
Approved September 20, 1990.
LEGISLATIVE HISTORY—S.J. Res. 309: CONGRESSIONAL RECORD, Vol. 136 (1990):

July 31, considered and passed Senate.

Sept. 10, considered and passed House.

 Public Law 101–390: To designate the week of September 16, 1990, through September 22, 1990, as “National Rehabilitation Week”. Public Law 390 Public Law 101–390 104 Stat. 745 1990-09-21 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 2025-06-19 101 public 104 STAT. 745 Public Law 101–390 101st Congress
Joint Resolution To designate the week of September 16, 1990, through September 22, 1990, as “National Rehabilitation Week”.

Sept. 21, 1990

[S.J. Res. 279]

 Whereas the designation of a week as “National Rehabilitation Week” gives the people of this Nation an opportunity to celebrate the victories, courage, and determination of individuals with disabilities in this Nation and recognize dedicated health care professionals who work daily to help such individuals achieve independence; Whereas there are significant areas where the needs of such individuals with disabilities have not been met, such as certain research and educational needs; Whereas half of the people of this Nation will need some form of rehabilitation therapy; Whereas rehabilitation agencies and facilities offer care and treatment for individuals with physical, mental, emotional, and social disabilities; Whereas the goal of the rehabilitative services offered by such agencies and facilities is to help disabled individuals lead active lives at the greatest level of independence possible; and Whereas the majority of the people of this Nation are not aware of the limitless possibilities of invaluable rehabilitative services in this Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That— (1) the week of September 16, 1990, through September 22, 1990, is designated as “National Rehabilitation Week” and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities, including educational activities to heighten public awareness of the types of rehabilitative services available in this Nation and the manner in which such services improve the quality of life of disabled individuals; and 104 STAT. 746 (2) each State governor, and each chief executive of each political subdivision of each State, is urged to issue proclamation (or other appropriate official statement) calling upon the citizens of such State or political subdivision of a State to observe such week in the manner described in paragraph (1).
Approved September 21, 1990.
LEGISLATIVE HISTORY—S.J. Res. 279: CONGRESSIONAL RECORD. Vol. 136 (1990):

June 28, considered and passed Senate.

Sept. 10, considered and passed House.

 Public Law 101–391: To amend the Federal Fire Prevention and Control Act of 1974 to allow for the development and issuance of guidelines concerning the use and installation of automatic sprinkler systems and smoke detectors in places of public accommodation affecting commerce, and for other purposes. Public Law 391 Public Law 101–391 104 Stat. 747 1990-09-25 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 2025-06-19 101 public 104 STAT. 747 Public Law 101–391 101st Congress
An Act To amend the Federal Fire Prevention and Control Act of 1974 to allow for the development and issuance of guidelines concerning the use and installation of automatic sprinkler systems and smoke detectors in places of public accommodation affecting commerce, and for other purposes.

Sept. 25, 1990

[H.R. 94]

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

Hotel and Motel Fire Safety Act of 1990

15 USC 2201 note.

15 USC 2201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Hotel and Motel Fire Safety Act of 1990”.
SEC. 2. FINDINGS AND PURPOSE. (a) Findings.— Congress finds that— (1) more than 400 Americans have lost their lives in multi-story hotel fires over the last 5 years; (2) when properly installed and maintained, automatic sprinklers and smoke detectors provide the most effective safeguards against the loss of life and property from fire; (3) automatic sprinklers and smoke detectors should supplement and not supplant other fire protection measures, including existing requirements for fire resistive walls and fire retardant furnishings; (4) some State and local governments and the hotel industry need to act more rapidly to require the installation and use of automatic sprinkler systems in hotels; and (5) through the United States Fire Administration and the Center for Fire Research, the Federal Government has helped to develop and promote the use of residential sprinkler systems and other means of fire prevention and control. (b) Purpose.— It is the purpose of this Act to save lives and protect property by promoting fire and life safety in hotels, motels, and all places of public accommodation affecting commerce.
SEC. 3. HOTEL AND MOTEL FIRE PREVENTION AND CONTROL.

State and local governments.

 (a) In General.— The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new sections:
“listings of certified places of public accommodation “Sec. 28. (a) Submissions by States.— (1) Not later than 2 years

15 USC 2224.

 after the date of enactment of this section, each State shall, under procedures formulated by the Director, submit to the Director a list of those places of public accommodation affecting commerce located in the State which the Governor of the State or his designee certifies meet the requirements of the guidelines described in section 29. “(2) The Director shall formulate procedures under which each State shall periodically update the list submitted pursuant to paragraph (1). 104 STAT. 748 “(b)

Federal Register, publication

 Compilation and Distribution of Master List.— (1) Not later than 60 days after the expiration of the 2-year period referred to in subsection (a), the Director shall compile and publish in the Federal Register a national master list of all of the places of public accommodation affecting commerce located in each State that meet the requirements of the guidelines described in section 29, and shall distribute such list to each agency of the Federal Government and take steps to make the employees of such agencies aware of its existence and contents. “(2) The Director shall periodically update the national master list compiled pursuant to paragraph (1) to reflect changes in the State lists submitted to the Director pursuant to subsection (a), and shall periodically redistribute the updated master list to each agency of the Federal Government. “(3) For purposes of this subsection, the term ‘agency’ has the meaning given to it under section 5701(1) of title 5, United States Code.
“fire prevention and control guidelines for places of public accommodation “Sec. 29.

15 USC 2225.

 (a) Contents of Guidelines.— The guidelines referred to in sections 28 and 30 consist of— “(1) a requirement that hard-wired, single-station smoke detectors be installed in accordance with National Fire Protection Association Standard 74 in each guest room in each place of public accommodation affecting commerce; and “(2) a requirement that an automatic sprinkler system be installed in accordance with National Fire Protection Association Standard 13 or 13-R, whichever is appropriate, in each place of public accommodation affecting commerce except those places that are 3 stories or lower. “(b) Effect on State and Local Law.— The provisions of this section shall not be construed to limit the power of any State or political subdivision thereof to implement or enforce any law, rule, regulation, or standard concerning fire prevention and control. “(c) Definitions.— For purposes of this section, the following definitions shall apply: “(1) The term ‘smoke detector’ means an alarm that is designed to respond to the presence of visible or invisible particles of combustion. “(2) The term ‘automatic sprinkler system’ means an electronically supervised, integrated system of piping to which sprinklers are attached in a systematic pattern, and which, when activated by heat from a fire, will protect human lives by discharging water over the fire area, and by providing appropriate warning signals (to the extent such signals are required by Federal, State, or local laws or regulations) through the building’s fire alarm system.
“dissemination of fire prevention and control information “Sec. 30.

15 USC 2226.

 The Director, acting through the Administrator, is authorized to take steps to encourage the States to promote the use of automatic sprinkler systems and automatic smoke detection systems, and to disseminate to the maximum extent possible information on the life safety value and use of such systems. Such steps may104 STAT. 749 include, but need not be limited to, providing copies of the guidelines described in section 29 and of the master list compiled under section 28(b) to Federal agencies, State and local governments, and fire services throughout the United States, and making copies of the master list compiled under section 28(b) available upon request to interested private organizations and individuals.”.
(b) Definitions.— (1) Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively, and by inserting immediately after paragraph (3) the following new paragraph: “(4) ‘Director’ means the Director of the Federal Emergency Management Agency;”. (2) Section 4 of such Act (as amended by paragraph (1)) is further amended by inserting immediately after paragraph (6), as so redesignated, the following new paragraph: “(7) ‘place of public accommodation affecting commerce’ means any inn, hotel, or other establishment not owned by the Federal Government that provides lodging to transient guests, except that such term does not include an establishment treated as an apartment building for purposes of any State or local law or regulation or an establishment located within a building that contains not more than 5 rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment;”.
SEC. 4. ADHERENCE TO FIRE SAFETY GUIDELINES IN ESTABLISHING RATES AND DISCOUNTS FOR LODGING EXPENSES. (a) Amendment to Title 5.— Subchapter I of chapter 57 of title 5, United States Code, is amended by inserting immediately after section 5707 the following new section:
“§ 5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses “(a) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to places of public accommodation that meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974. The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a State as defined in section 4 of the Federal Fire Prevention and Control Act of 1974. “(b) The Administrator of General Services may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that does not meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974. “(c) The Administrator of General Services shall include in each

Handicapped persons.

 directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped. “(d) The Administrator of General Services may take any additional actions the Administrator determines appropriate to encour-104 STAT. 750age employees traveling on official business to stay at places of public accommodation that meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974.”.
(b) Clerical Amendment.— The table of sections at the beginning of chapter 57 of title 5, United States Code, is amended by inserting immediately after the item relating to section 5707 the following new item: “5707a. (c)

5 USC 5707a note.

 Effective Date.— The amendments made by this section shall take effect 60 days after the date of the publication in the Federal Register of the master list of certified places of public accommodation maintained by the Director of the Federal Emergency Management Agency pursuant to section 28(b) of the Federal Fire Prevention and Control Act of 1974 (as added by section 3 of this Act).
SEC. 5. ESTABLISHMENT OF APPROVED ACCOMMODATIONS PERCENTAGE FOR FEDERAL AGENCIES. (a) Approved Accommodations Percentage.— (1) In general.— Section 5707 of title 5, United States Code, is amended by adding at the end the following new subsection: “(d) (1) Each agency shall ensure that its approved accommodations percentage for a fiscal year shall be not less than— “(A) 65 percent, for the first fiscal year that begins 4 years after the date of enactment of this subsection; “(B) 75 percent, for the fiscal year that begins 5 years after the date of enactment of this subsection; and “(C) 90 percent, for the fiscal year that begins 6 years after the date of enactment of this subsection and for each subsequent fiscal year. “(2) In this subsection, an agency’s ‘approved accommodations percentage’ for a fiscal year is the percentage determined by multiplying 100 by the quotient of— “(A) the total number of nights spent by civilian employees of the agency (as described in section 5702(a)) for which payment was made under this chapter for lodging expenses incurred in any State at any approved hotel, motel, or other place of public accommodation not owned by the Federal Government; divided by “(B) the total number of nights spent by such employees for which payment was made under this chapter for lodging expenses incurred in any State at any hotel, motel, or other place of public accommodation not owned by the Federal Government. “(3) For purposes of this subsection, a hotel, motel, or other place of public accommodation is approved if it meets the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974. “(4) For purposes of this subsection— “(A) the term ‘agency’ does not include the government of the District of Columbia; and “(B) the term ‘State’ means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, the Canal Zone, Guam, American Samoa, or any other territory or possession.”. 104 STAT. 751 (2) Conforming amendment.— Section 5701 of such title is amended in the matter preceding paragraph (1) by striking “For the purpose” and inserting “Except as otherwise provided in section 5707(d), for the purpose”. (b) GAO Audit of Agency Compliance.— Not later than 6 months

Reports.

5 USC 5707 note.

 after the last day of the first fiscal year during which lodging expenses are subject to the requirements of section 5707(d) of title 5, United States Code, as added by subsection (a), and not later than 6 months after the last day of every fiscal year thereafter, the Comptroller General shall conduct an audit of the compliance of agencies with the requirements of section 5707(d) of title 5, United States Code (as added by subsection (a)), and shall submit a report to Congress describing the results of such audit.
SEC. 6. PROHIBITING FEDERAL FUNDING OF CONFERENCES HELD AT NON-CERTIFIED PLACES OF PUBLIC ACCOMMODATION.

15 USC 2225a.

 (a) In General.— No Federal funds may be used to sponsor or fund in whole or in part a meeting, convention, conference, or training seminar that is conducted in, or that otherwise uses the rooms, facilities, or services of, a place of public accommodation that does not meet the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (as added by section 3(a) of this Act). (b) Waiver.— (1) In general.— The head of an agency of the Federal Government sponsoring or funding a particular meeting, convention, conference, or training seminar may waive the prohibition described in subsection (a) if the head of such agency determines that a waiver of such prohibition is necessary in the public interest in the case of such particular event. (2) Delegation of authority.— The head of an agency of the Federal Government may delegate the authority provided under paragraph (1) to waive the prohibition described in subsection (a) and to determine whether such a waiver is necessary in the public interest to an officer or employee of the agency if such officer or employee is given such authority with respect to all meetings, conventions, conferences, and training seminars sponsored or funded by the agency. (c) Notice Requirements.— (1) Advertisements and applications.— (A) Any advertisement for or application for attendance at a meeting, convention, conference, or training seminar sponsored or funded in whole or in part by the Federal Government shall include a notice regarding the prohibition described in subsection (a). (B) The requirement described in subparagraph (A) shall not apply in the case of an event for which a head of an agency of the Federal Government, pursuant to subsection (b), waives the prohibition described in subsection (a). (2) Providing notice to recipients of funds.— (A) Each Executive department, Government corporation, and independent establishment providing Federal funds to non-Federal entities shall notify recipients of such funds of the prohibition described in subsection (a). (B) In subparagraph (A), the terms “Executive department”, “Government corporation”, and “independent establishment” have the meanings given such terms in chapter 1 of title 5, United States Code. 104 STAT. 752 (d) Effective Date.— The provisions of this section shall take effect on the first day of the first fiscal year that begins after the expiration of the 425-day period that begins on the date of the publication in the Federal Register of the master list referred to in section 28(b) of the Federal Fire Prevention and Control Act of 1974 (as added by section 3 of this Act).
SEC. 7.

15 USC 2201 note.

 WAIVER OF FEDERAL LIABILITY. In any action for damages resulting from a fire at a place of public accommodation, the Federal Government may not be found liable for the death of or injury to any person or damage to any property because an officer or employee of the Federal Government was negligent in carrying out any requirement under this Act or the amendments made by this Act.
SEC. 8.

15 USC 2201 note.

 EFFECT ON CERTAIN REQUIREMENTS. Nothing in this Act shall be construed to encourage model building code organizations, or State or local governments, to reduce requirements for fire resistive walls or other safety features.
Approved September 25, 1990.
LEGISLATIVE HISTORY—H.R. 94: HOUSE REPORTS: No. 101–357 (Comm. on Science, Space, and Technology). SENATE REPORTS: No. 101–357 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 17, considered and passed House.

Vol. 136 (1990): Aug. 3, considered and passed Senate, amended.

Sept. 10, House concurred in Senate amendment.

 Public Law 101–392: To amend the Carl D. Perkins Vocational Education Act to improve the provision of services under such Act and to extend the authorities contained in such Act through the fiscal year 1995, and for other purposes. Public Law 392 Public Law 101–392 104 Stat. 753 1990-09-25 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 2025-06-19 101 2 public 104 STAT. 753 Public Law 101–392 101st Congress
An Act To amend the Carl D. Perkins Vocational Education Act to improve the provision of services under such Act and to extend the authorities contained in such Act through the fiscal year 1995, and for other purposes.

Sept. 25, 1990

[H.R. 7]

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

Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990.

Schools and colleges.

State and local governments.

20 USC 2301 note.

Carl D. Perkins Vocational and Applied Technology Education Act.
SECTION 1. SHORT TITLE. (a) This Act.— This Act may be cited as the “Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990”. (b) Amendments.— Section 1 of the Carl D. Perkins Vocational Education Act (in this Act referred to as the “Act”) (20 U.S.C. 2301 note) is amended to read as follows:
“SECTION 1. SHORT TITLE; TABLE OF CONTENTS. “(a) Short Title.— This Act may be cited as the ‘Carl D. Perkins Vocational and Applied Technology Education Act’. “(b) Table of Contents.— The table of contents for this Act is as follows: “TABLE OF CONTENTS “Sec. 1. “Sec. 2. “Sec. 3. “TITLE I— “Part A— “Sec. 101. “Sec. 101A. “Sec. 102. “Sec. 103. “Part B— “Sec. 111. “Sec. 112. “Sec. 113. “Sec. 114. “Sec. 115. “Sec. 116. “Sec. 117. “Sec. 118. “TITLE II— “Part A— “Sec. 201. 104 STAT. 754 “Part B— “Subpart 1— “Sec. 221. “Sec. 222. “Sec. 223. “Subpart 2— “Sec. 225. “Part C— “Subpart 1— “Sec. 231. “Sec. 232. “Sec. 233. “Sec. 234. “Subpart 2— “Sec. 235. “Subpart 3— “Sec. 240. “TITLE III— “Part A— “Sec. 301. “Sec. 302. “Part B— “Sec. 311. “Sec. 312. “Sec. 313. “Part C— “Sec. 321. “Sec. 322. “Sec. 323. “Part D— “Sec. 331. “Sec. 332. “Sec. 333. “Part E— “Sec. 341. “Sec. 342. “Sec. 343. “Sec. 344. “Sec. 345. “Sec. 346. “Sec. 347. “Part F— “Sec. 351. “Sec. 352. “Sec. 353. “Sec. 354. “Sec. 355. “Sec. 356. 104 STAT. 755 “Part G— “Subpart 1— “Sec. 361. “Sec. 362. “Sec. 363. “Sec. 364. “Sec. 365. “Sec. 366. “Sec. 367. “Sec. 368. “Sec. 369. “Sec. 370. “Sec. 371. “Subpart 2— “Sec. 375. “Part H— “Sec. 381. “Sec. 382. “Sec. 383. “Sec. 384. “Sec. 385. “Sec. 386. “Sec. 387. “Sec. 388. “Sec. 389. “Sec. 390. “TITLE IV— “Part A— “Sec. 401. “Sec. 402. “Sec. 403. “Sec. 404. “Part B— “Sec. 411. “Sec. 412. “Sec. 413. “Sec. 414. “Sec. 415. “Sec. 416. “Sec. 417. “Sec. 418. “Sec. 419. “Sec. 420. “Sec. 420A. “Part C— “Sec. 421. “Sec. 422. “Sec. 423. “Sec. 424. “Part D— “Sec. 431. “Part E— “Sec. 441. “Part F— “Sec. 451. 104 STAT. 756 “TITLE V— “Part A— “Sec. 501. “Sec. 502. “Sec. 503. “Sec. 504. “Sec. 505. “Sec. 506. “Sec. 507. “Sec. 508. “Part B— “Sec. 511. “Sec. 512. “Sec. 513. “Sec. 514. “Sec. 515. “Sec. 516. “Part C— “Sec. 521.
SEC. 2. STATEMENT OF PURPOSE. Section 2 of the Act (20 U.S.C. 2301) is amended to read as follows:
“SEC. 2. STATEMENT OF PURPOSE. “It is the purpose of this Act to make the United States more competitive in the world economy by developing more fully the academic and occupational skills of all segments of the population. This purpose will principally be achieved through concentrating resources on improving educational programs leading to academic and occupational skill competencies needed to work in a techno-logically advanced society.”.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 3 of the Act (20 U.S.C. 2302) is amended to read as follows:
“SEC. 3. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated $1,600,000,000 for the fiscal year 1991 and such sums as may be necessary for each of the fiscal years 1992, 1993, 1994, and 1995 to carry out the provisions of titles I, II, III, and IV of this Act. “(b) Title I.— (1) Of the amounts remaining from amounts made available under subsection (a) after providing amounts for the programs described in paragraph (2) and subsections (d) and (f)— “(A) 1.5 percent shall be available to carry out the provisions of section 103, relating to Indian and Hawaiian natives programs; and “(B) .2 percent shall be available to carry out the provisions of section 101A, relating to the territories. “(2) Of the amounts made available in the fiscal year 1991 under subsection (a), not more than $9,000,000 shall be available to carry out the provisions of section 112, relating to State councils on vocational education. “(c) Basic Programs.— Of the amounts remaining from amounts made available under subsection (a) after providing amounts for the programs described in subsections (b)(2), (d), and (f), 95.8 percent shall be available to carry out the provisions of title II, relating to basic programs. 104 STAT. 757 “(d) Special Programs.— (1) Subject to paragraph (2), of the amounts made available under subsection (a) for the fiscal year 1991— “(A) not more than $15,000,000 shall be available to carry out the provisions of part A of title III, relating to State assistance for vocational education support programs by community-based organizations; “(B) not more than $38,500,000 shall be available to carry out the provisions of part B of title III, relating to consumer and homemaking education; “(C) not more than $20,000,000 shall be available to carry out the provisions of part C of title III, relating to comprehensive career guidance and counseling programs; “(D) not more than $10,000,000 shall be available to carry out the provisions of part D of title III, relating to business-labor-education partnerships; “(E) not more than $125,000,000 shall be available to carry out the provisions of part E of title III, relating to tech-prep education; “(F) not more than $100,000,000 shall be available to carry out the provisions of part F of title III, relating to supplementary State grants for facilities and equipment and other program improvement activities; “(G) not more than $10,000,000 shall be available to carry out the provisions of part G of title III, of which— “(i) an amount equal to 75 percent of the amounts made available to carry out such part shall be available to carry out the provisions of subpart 1 of such part, relating to community education employment centers; and “(ii) an amount equal to 25 percent of the amounts made available to carry out such part shall be available to carry out the provisions of subpart 2 of such part, relating to vocational education lighthouse schools; and “(H) not more than $4,000,000 shall be available to carry out the provisions of part H of title III, relating to tribally controlled postsecondary vocational institutions. “(2) Notwithstanding the provisions of paragraph (1), amounts shall be available to carry out the provisions of part C, D, or G of title III in any fiscal year only to the extent that the amount available for such fiscal year to carry out the provisions of title II exceeds $1,000,000,000. “(e) National Programs.— For each fiscal year, of the amounts remaining from amounts available pursuant to subsection (a) after providing amounts for the programs described in subsections (b)(2), (d), and (f), 2.5 percent of such remainder shall be available to carry out the provisions of title IV (other than parts D and E), relating to national programs. “(f) Other National Programs.— (1) Of amounts made available under subsection (a) for the fiscal year 1991, not more than $350,000 shall be available to carry out the provisions of part D of title IV, relating to the National Council on Vocational Education. “(2) Of amounts made available under subsection (a) for the fiscal year 1991, not more than $10,000,000 shall be available to carry out the provisions of part E of title IV, relating to bilingual vocational training programs.”.
104 STAT. 758
SEC. 4.

20 USC 2303.

 INTERDEPARTMENTAL TASK FORCE ON COORDINATION OF VOCATIONAL EDUCATION AND RELATED PROGRAMS. (a) Establishment.— There is established the Interdepartmental Task Force on Vocational Education and Related Programs (in this section referred to as the “Task Force”). (b) Membership.— The Task Force shall consist of the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and such other personnel of the Department of Education, the Department of Labor, and the Department of Health and Human Services as the Secretaries consider appropriate. (c) Duties.— The Task Force shall— (1) examine principal data required for programs under the Adult Education Act, the Carl D. Perkins Vocational and Applied Technology Education Act, the Job Training Partnership Act, the Rehabilitation Act of 1973, and the WagnerPeyser Act; (2) examine possible common objectives, definitions, measures, and standards for such programs; and (3) consider integration of research and development conducted with Federal assistance in the area of vocational education and related areas, including areas of emerging technologies. (d) Report to Congress.— The Task Force shall, every 2 years, submit a report on its findings to the appropriate committees of the Congress.
SEC. 5. JOINT FUNDING. (a) Job Training Partnership Act.— (1) Section 123 of the Job Training Partnership Act (29 U.S.C. 1533) is amended by adding at the end the following new subsection: “(e) (1) Sums available for this section pursuant to section 202(b)(l) may be used to provide additional funds under an applicable program if— “(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; “(B) such program serves the same individuals that are served under this section; “(C) such program provides services in a coordinated manner with services provided under this section; and “(D) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(2) For purposes of this subsection, the term ‘applicable program’ means any program under any of the following provisions of law: “(A) The Carl D. Perkins Vocational and Applied Technology Education Act. “(B) The WagnerPeyser Act.”. (2) Section 204 of the Job Training Partnership Act (29 U.S.C. 1604) is amended— (A) by inserting “(a)” after “Sec. 204.”; and (B) by adding at the end the following new subsection: “(b) (1) Funds provided under this title may be used to provide additional funds under an applicable program if— “(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; “(B) such program serves the same individuals that are served under this title; “(C) such program provides services in a coordinated manner with services provided under this title; and 104 STAT. 759 “(D) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(2) For purposes of this subsection, the term ‘applicable program’ means any program under any of the following provisions of law: “(A) The Carl D. Perkins Vocational and Applied Technology Education Act. “(B) The WagnerPeyser Act.”. (3) Section 314 of the Job Training Partnership Act (29 U.S.C. 1661c) is amended by adding at the end the following new subsection: “(g) Joint Funding.— (1) Funds allotted under section 302 may be used to provide additional funds under an applicable program if— “(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; “(B) such program serves the same individuals that are served under this title; “(C) such program provides services in a coordinated manner with services provided under this title; and “(D) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(2) For purposes of this subsection, the term ‘applicable program’ means any program under any of the following provisions of law: “(A) The Carl D. Perkins Vocational and Applied Technology Education Act. “(B) The WagnerPeyser Act.”. (b) WagnerPeyser Act.— Section 7 of the WagnerPeyser Act (29 U.S.C. 49f) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(c) (1) Funds made available to States under this section may be used to provide additional funds under an applicable program if— “(A) such program otherwise meets the requirements of this Act and the requirements of the applicable program; “(B) such program serves the same individuals that are served under this Act; “(C) such program provides services in a coordinated manner with services provided under this Act; and “(D) such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources. “(2) For purposes of this subsection, the term ‘applicable program’ means any program under any of the following provisions of law: “(A) The Carl D. Perkins Vocational and Applied Technology Education Act. “(B) Section 123, title II, and title III of the Job Training Partnership Act.”.
<num value="I">TITLE I—</num> <heading class="inline">VOCATIONAL EDUCATION ASSISTANCE TO THE STATES</heading> <part> <num value="A">PART A—</num> <heading class="inline">ALLOTMENT AND ALLOCATION</heading> <section> <num value="101">SEC. 101. </num> <heading class="inline">ALLOTMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">Section 101 of the Act (20 U.S.C. 2311) is amended—</chapeau> <page identifier="/us/stat/104/760">104 STAT. 760</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by amending paragraph (1) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">In each fiscal year, of the amounts remaining from amounts made available under section 3(a) after providing amounts for the programs described in subsections (b)(2), (d), and (f) of section 3, the Secretary shall reserve—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>2.5 percent for the activities described in title IV (other than parts D and E);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">1.5 percent for the purpose of carrying out section 103, of which—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>1.25 percent shall be for the purpose of carrying out section 103(b); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>.25 percent shall be for the purpose of carrying out section 103(c); and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>.2 percent for the purpose of carrying out section 101A.”;</content> </subparagraph> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">in paragraph (3)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">in clause (i) of subparagraph (B)—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>by striking “<quotedText>subparagraph (A)</quotedText>” and inserting “<quotedText>subparagraphs (A), (C), and (D)</quotedText>”; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">(II) </num> <content>by striking “<quotedText>(D), or (E)</quotedText>” each place it appears and inserting “<quotedText>or (D)</quotedText>”;</content> </subclause> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by amending subparagraph (C) to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In the case of the Virgin Islands, the minimum allotment for all programs under this Act shall not be less than $200,000.”;</content> </subparagraph> </quotedContent> </content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>by adding at the end the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">Subject to clause (iii), no State shall, by reason of subparagraph (B), be allotted more than the lesser of—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">150 percent of the amount that the State received in the preceding fiscal year; and</content></subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">the amount calculated under clause (ii).</content></subclause> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">The amount calculated under this clause shall be determined by multiplying—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the number of individuals in the State counted under paragraph (2) in the preceding fiscal year; by</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>150 percent of the national average per pupil payment made with funds available under this section for that year.</content> </subclause> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>Notwithstanding the provisions of clauses (i) and (ii), no State shall be allotted an amount under this section in any fiscal year that is less than the amount such State is allotted in the fiscal year 1991.”;</content> </clause> </subparagraph> </quotedContent> </content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subparagraph (B) of subsection (c)(1), by striking “<quotedText>, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands</quotedText>” each place such phrase appears and inserting “<quotedText>and the Virgin Islands</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>For the purpose of this section, the term ‘State’ means any 1 of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">The Territories</inline>.—</heading> <content>Part A of title I of the Act (20 U.S.C. 2311 et seq.) is amended by inserting after section 101 the following: <quotedContent> <section> <num value="101A">“SEC. 101A. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2311a">20 USC 2311a</ref>.</p></sidenote> <heading class="inline">THE TERRITORIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">The Territories</inline>.—</heading> <chapeau>From funds reserved pursuant to section 101(a)(1)(C), the Secretary shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>make a grant in the amount of $500,000 to Guam; and</content> </paragraph> <page identifier="/us/stat/104/761">104 STAT. 761</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>make a grant in the amount of $190,000 to each of American Samoa, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Remainder</inline>.—</heading> <chapeau>Subject to the provisions of subsection (a), the <sidenote><p class="indent0 firstIndent0 fontsize8">Hawaii.</p></sidenote>Secretary shall make a grant of the remainder of funds reserved pursuant to section 101(a)(1)(C) to the Center for the Advancement of Pacific Education, Honolulu, Hawaii, or its successor entity as the Pacific regional educational laboratory to make grants for vocational education and training in Guam, American Samoa, Palau, the Commonwealth of the Northern Marianas, the Federated States of Micronesia, and the Republic of the Marshall Islands, for the purpose of providing direct educational services, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>teacher and counselor training and retraining;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>curriculum development; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>improving vocational education and training programs in secondary schools and institutions of higher education, or improving cooperative programs involving both secondary schools and institutions of higher education.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>The Center for the Advancement of Pacific Education may use not more than 5 percent of the funds received pursuant to subsection (b) for administrative costs.”.</content> </subsection> </section> </quotedContent> </content> </subsection> </section> <section> <num value="102">SEC. 102. </num> <heading class="inline">WITHIN STATE ALLOCATION.</heading><content>Section 102 of the Act (20 U.S.C. 2312) is amended to read as follows: <quotedContent> <section> <num value="102">“SEC. 102. </num> <heading class="inline">WITHIN STATE ALLOCATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Programs Other Than State Grants</inline>.—</heading> <chapeau>From the allotment made to each State from funds appropriated under section 3(a) for each fiscal year—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an amount equal to at least 75 percent of the allotment shall be available only for basic programs under part C of title II;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">an amount equal to 10.5 percent of the allotment shall be available only for the program for single parents, displaced homemakers, and single pregnant women described in section 221 and the sex equity program described in section 222, of which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>not less than 7 percent of such allotment shall be reserved for the program for single parents, displaced homemakers, and single pregnant women; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>not less than 3 percent of such allotment shall be reserved for the sex equity program;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>an amount equal to not more than 8.5 percent of the allotment shall be available only for State programs and activities described in section 201;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">the State may use for administration of the State plan an amount that does not exceed 5 percent of the allotment or $250,000, whichever is greater, of which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>not less than $60,000 shall be available only for purposes of carrying out the provisions of section 111(b)(1); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">remaining amounts may be used for the costs of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>developing the State plan;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>reviewing local applications;</content> </clause> <page identifier="/us/stat/104/762">104 STAT. 762</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>monitoring and evaluating program effectiveness;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>providing technical assistance; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>assuring compliance with all applicable Federal laws, including required services and activities for individuals who are members of special populations; and</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>an amount equal to 1 percent of the allotment shall be available only for programs for criminal offenders under section 225.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Matching Requirement</inline>.—</heading> <content>Each State receiving financial assistance under this Act shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds reserved pursuant to subsection (a)(4).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Hold Harmless Provision</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2) and notwithstanding the provisions of subsection (a), each State shall reserve for the program for single parents, displaced homemakers, and single pregnant women under section 221, the sex equity program under section 222, and the program for criminal offenders under section 225, respectively, an amount that is not less than the amount such State reserved for each such program in the fiscal year 1990.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In any year in which a State receives an amount for purposes of carrying out programs under title II that is less than the amount such State received for such purposes in the fiscal year 1990, such State shall ratably reduce the amounts reserved under paragraph (1).”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <num value="103">SEC. 103. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline">INDIAN AND HAWAIIAN NATIVES PROGRAMS.</heading> <content>Paragraph (1) of section 103(b) of the Act (20 U.S.C. 2313) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">From the funds reserved pursuant to section l0l(a)(1)(B)(i), the Secretary is directed—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">upon the request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934; or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline"> <p class="inline">upon an application received from a Bureau funded school (as such term is defined in section 1139(3) of the Education Amendments of 1978) offering secondary programs filed at such time and under such conditions as the Secretary may prescribe,</p> <p class="indent0 firstIndent0 fontsize10">to make grants to or enter into contracts with any tribal organization of any such Indian tribe or to make a grant to such Bureau funded school, as appropriate, to plan, conduct, and administer programs or portions of programs authorized by and consistent with the purposes of this Act, except that—</p> </chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">such grants or contracts with any tribal organization shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this sentence; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">such grants to Bureau funded schools shall not be subject to the requirements of the Indian Self-Determination Act or the Act of April 16, 1934.</content> </subclause> </clause> </subparagraph> <page identifier="/us/stat/104/763">104 STAT. 763</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Any tribal organization or school eligible to receive assistance under this paragraph may apply individually or as part of a consortium with another such tribal organization or school.</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>In the case of a Bureau funded school, the minimum amount of a grant made under this section shall be $35,000.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">The Secretary may not place upon grants made or contracts entered into under this paragraph any restrictions relating to programs or outcomes other than restrictions which apply to grants made to or contracts entered into with States under section 101. The Secretary, in making grants under this paragraph, shall give special consideration to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>grants which involve, coordinate with, or encourage tribal economic development plans; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">applications from tribally controlled community colleges which—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>are accredited or are candidates for accreditation by a nationally recognized accreditation organization as an institution of postsecondary vocational education; or</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>operate vocational education programs that are accredited or are candidates for accreditation by a nation-ally recognized accreditation organization and issue certificates for completion of vocational education programs.”.</content> </subclause> </clause> </subparagraph> </paragraph> </quotedContent> </content> </section> </part> <part> <num value="B">PART B—</num> <heading class="inline">STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES</heading> <section> <num value="111">SEC. 111. </num> <heading class="inline">STATE ADMINISTRATION.</heading> <chapeau>Section 111 of the Act (20 U.S.C. 2321) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (a)(1)(A), by striking “<quotedText>113(b)(9)</quotedText>” and inserting “<quotedText>113(b)(8), section 116, and section 117</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (a)(1)(C), by inserting “<quotedText>, including business, industry, and labor,</quotedText>” before “<quotedText>involved</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">in subsection (b)(1)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">in subparagraph (A)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by striking “<quotedText>201(f)</quotedText>” and inserting “<quotedText>221</quotedText>”; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by striking “<quotedText>201(g)</quotedText>” and inserting “<quotedText>222</quotedText>”;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by redesignating subparagraphs (C), (D), (E), (F), and (G), as subparagraphs (D), (E), (F), (G), and (H), respectively;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking “<quotedText>and</quotedText>” at the end of subparagraph (F) (as redesignated by subparagraph (B) of this paragraph);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking the period at the end of subparagraph (G) (as redesignated by subparagraph (B) of this paragraph) and inserting a semicolon; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by inserting after subparagraph (B) the following: <quotedContent> <subparagraph class="indent0 fontsize10"> <num value="C">“(C) </num> <content>reviewing and commenting upon, and making recommendations concerning, the plans of local educational agencies, area vocational education schools, intermediate educational agencies, and postsecondary educational institutions to ensure that the needs of women and men for training in non-traditional jobs are met;”; and</content> </subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>by adding at the end the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>developing an annual plan for the use of all funds available for such programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>managing the distribution of funds pursuant to section 223;</content> <page identifier="/us/stat/104/764">104 STAT. 764</page> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>monitoring the use of funds distributed to recipients under such programs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">“(L) </num> <content>evaluating the effectiveness of programs and activities supported by such funds.”;</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in subsection (b)(3) by inserting “<quotedText>from funds allocated under section 102(a)(4)(A)</quotedText>” before “<quotedText>expend</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking subsection (e);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">by inserting the following new subsections after subsection (b): <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Review of Plans With Respect to Students With Handicaps</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any State desiring to participate in the programs authorized by this Act shall designate or assign the head of the State office responsible for administering part B of the Education of the Handicapped Act to review the implementation of the provisions of this Act as such provisions relate to students with handicaps by reviewing all or a representative sample of plans of eligible recipients to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>assure that individuals with handicaps are receiving vocational educational services;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>assure that the plans of the eligible recipient provide assurances of compliance with the provisions of section 504 of the Rehabilitation Act of 1973 and the Education of Handicapped Act regarding equal access to programs; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">assure that the eligible recipients have—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">identified the number of students with handicaps enrolled in vocational programs operated by the eligible recipient;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">assessed the vocational needs of the students identified pursuant to clause (i); and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">developed an adequate plan to provide supplementary services sufficient to meet the needs of such students.</content></clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of this subsection and subsections (d) and (e), the term ‘State’ means any 1 of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Needs of Economically Disadvantaged Students</inline>.—</heading> <content>Any State desiring to participate in the programs authorized by this Act shall assign the head of the State office or other appropriate individual responsible for coordinating services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 to review all or a representative sample of plans of the eligible recipients to ensure that the number of economically disadvantaged students have been identified, and that the needs of such students are being met as outlined by such plans.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Needs of Students of Limited English Proficiency</inline>.—</heading> <content>Any State desiring to participate in the programs authorized by this Act shall designate or assign the head of the State office or other appropriate individual responsible for administering programs for students of limited English proficiency to review all or a representative sample of the plans of the eligible recipients to ensure the numbers of students of limited English proficiency have been identified and that the needs of such students for participation in vocational education programs are being met as outlined by such plans.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <page identifier="/us/stat/104/765">104 STAT. 765</page> <section> <num value="112">SEC. 112. </num> <heading class="inline">STATE COUNCIL ON VOCATIONAL EDUCATION.</heading> <chapeau>Section 112 of the Act (20 U.S.C. 2322) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (a)(1)(A), by inserting “<quotedText>trade organizations,</quotedText>” after “<quotedText>industry,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (a)(2), by striking the period at the end and inserting “<quotedText>and may include members of vocational student organizations and school board members.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in subsection (a), by inserting the following new sentence at the end of the matter following paragraph (2): “<quotedText>No employee of the State board shall serve on the State council.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">in subsection (d)(2), by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>striking “<quotedText>advise</quotedText>” and inserting “<quotedText>make recommendations to</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>inserting the following new subparagraph (A) before subparagraph (B) (as redesignated by subparagraph (B) of this paragraph): <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the State plan;”;</content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">in subsection (d)(8), by—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>striking “<quotedText>the individuals described in section 201(b)</quotedText>” and inserting “<quotedText>individuals who are members of special populations</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>striking “<quotedText>and</quotedText>” at the end;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking subsection (d)(9) and inserting the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>analyze and review corrections education programs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">evaluate at least once every 2 years—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the extent to which vocational education, employment, and training programs in the State represent a consistent, integrated, and coordinated approach to meeting the economic needs of the State;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the vocational education program delivery system assisted under this Act, and the job training program delivery system assisted under the Job Training Partnership Act, in terms of such delivery systems’ adequacy and effectiveness in achieving the purposes of each of the 2 Acts; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">make recommendations to the State board on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act;</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>comment on the adequacy or inadequacy of State action in implementing the State plan;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>make recommendations to the State board on ways to create greater incentives for joint planning and collaboration between the vocational education system and the job training system at the State and local levels; and</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>advise the Governor, the State board, the State job training coordinating council, the Secretary, and the Secretary of Labor regarding such evaluation, findings, and recommendations.”;</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>in subsection (e) by inserting the following new sentences at the end: “<quotedText>Each State Council may submit a statement to the Secretary reviewing and commenting upon the State plan. Such statement shall be sent to the Secretary with the State plan.</quotedText>”;</content> </paragraph> <page identifier="/us/stat/104/766">104 STAT. 766</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>by amending subsection (f)(1)(A) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants</p></sidenote> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Except as provided in subparagraph (B), from the sums appropriated pursuant to section 3(c), the Secretary shall first make grants of $150,000 to each State council. From the remainder of such sums the Secretary shall allot to each State council an amount in accordance with the method of allotment set forth in section 101(a)(2) of this Act, provided that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">no State council shall receive more than $250,000 for each fiscal year;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">no State council shall receive less than $150,000 for each fiscal year; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">no State council shall receive less than such State council was allotted in the fiscal year 1990;”; and</content></clause> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">by amending subsection (f)(1)(B) to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8">Territories, U.S.</p></sidenote> <chapeau class="inline">From the sums appropriated pursuant to section 3(c) for each fiscal year, the Secretary shall make grants of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>$60,000 to each of the State councils of the Virgin Islands and Guam; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$25,000 to each of the State councils of American Samoa,</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658), and the Commonwealth of the Northern Mariana Islands.”.</continuation> </subparagraph> </quotedContent> </content> </paragraph> </section> <section> <num value="113">SEC. 113. </num> <heading class="inline">STATE PLAN.</heading> <content>Section 113 of the Act (20 U.S.C. 2323) is amended to read as follows: <quotedContent> <section> <num value="113">“SEC. 113. </num> <heading class="inline">STATE PLAN.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any State desiring to receive funds from its allotment for any fiscal year shall submit to the Secretary a State plan for a 3-year period, in the case of the initial plan, and a 2-year period thereafter, together with such annual revisions as the State board determines to be necessary.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">The planning periods required by subparagraph (A) shall be coterminous with the planning program periods required under section 104(a) of the Job Training Partnership Act.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">In formulating the State plan (and amendments thereto), the State board shall meet with and utilize the State council established pursuant to section 112.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The State board shall conduct public hearings in the State, after appropriate and sufficient notice, for the purpose of affording all segments of the public and interested organizations and groups an opportunity to present their views and make recommendations regarding the State plan. A summary of such recommendations and the State board’s response shall be included with the State plan.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">In developing the State plan, the State shall conduct an assessment according to section 116. Such assessment shall include analysis of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the relative academic, occupational, training, and retraining needs of secondary, adult, and postsecondary students; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">the capability of vocational education programs to provide vocational education students, to the extent practicable, with—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>strong experience in and understanding of all aspects of the industry the students are preparing to enter (including planning, management, finances, technical and produc-<page identifier="/us/stat/104/767">104 STAT. 767</page>tion skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>strong development and use of problem-solving skills and basic and advanced academic skills (including skills in the areas of mathematics, reading, writing, science, and social studies) in a technological setting.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Contents</inline>.—</heading> <chapeau>Each State plan shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>describe the procedures and the results of each of the assessments required by section 116(a), including the needs identified by such assessments;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>describe how uses of funds reflect the needs described in paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">provide assurances that, and where necessary a description of the manner in which, eligible recipients will comply with the requirements of titles I and II, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a description of the manner in which the State will comply with the criteria required for programs for individuals who are members of special populations and a description of the responsiveness of such programs to the special needs of such students;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>assurances that the State board will develop measurable goals and accountability measures for meeting the needs of individuals who are members of special populations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>assurances that the State board will conduct adequate monitoring of programs conducted by eligible recipients to ensure that programs within the State are meeting the goals described in subparagraph (B); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>assurances that, to the extent consistent with the number and location of individuals who are members of special populations who are enrolled in private secondary schools, provision is made for the participation of such individuals in the vocational education programs assisted under section 231;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>describe the estimated distribution of funds to corrections educational agencies as prescribed by section 225, the estimated distribution of funds to local educational agencies, area vocational education schools, or intermediate educational agencies as prescribed by section 231, and the planned estimated distribution of funds to eligible institutions as prescribed by section 232;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide assurances that the State will comply with the provisions of section 102, including assurances that the State will distribute not less than 75 percent of the funds made available for title II to eligible recipients pursuant to such title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">describe the criteria the State board will use—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>in approving applications of eligible recipients; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for spending the amounts reserved for the State under paragraphs (2) through (5) of section 102(a);</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>describe now funds expended for occupationally specific training will be used for occupations in which job openings are projected or available, based on a labor market analysis;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>provide assurances that the State will develop and implement a system of standards for performance and measures of performance for vocational education programs at the State level that meets the requirements of section 115;</content> </paragraph> <page identifier="/us/stat/104/768">104 STAT. 768</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>describe, in each State plan submitted after the fiscal year 1991, the progress the State has made in achieving the goals described in previous State plans;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>provide such methods of administration as are necessary for the prompt and efficient administration of programs under this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>provide assurances that, in the use of funds available for single parents, displaced homemakers, and single pregnant women under section 221, the State will emphasize assisting individuals with the greatest financial need, and that the State will give special consideration to displaced homemakers who because of divorce, separation, or the death or disability of a spouse must prepare for paid employment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <content>provide assurances that the State will furnish relevant training and vocational education activities to men and women who desire to enter occupations that are not traditionally associated with their sex;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>describe how the State is implementing performance evaluations with eligible recipients as prescribed in section 117;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>describe the methods proposed for the joint planning and coordination of programs carried out under this Act with programs conducted under the Job Training Partnership Act, the Adult Education Act, chapter 1 of title I of the Elementary and Secondary Education Act of 1965, the Education of the Handicapped Act, and the Rehabilitation Act of 1973, and with apprenticeship programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">“(15) </num> <content>provide assurances that programs of personnel development and curriculum development shall be funded to further the goals identified in the State plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">“(16) </num> <content>provide assurances that the vocational education needs of identifiable segments of the population in the State that have the highest rates of unemployment have been thoroughly assessed, and that such needs are reflected in and addressed by the State plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">“(17) </num> <content>provide assurances that the State board will cooperate with the State council in carrying out the Board’s duties under this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">“(18) </num> <content>provide assurances that none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">“(19) </num> <content>provide assurances that State and local funds will be used in the schools of each local educational agency that are receiving funds under this Act to provide services which, taken as a whole, are at least comparable to services being provided in schools in such agency which are not receiving such funds;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">“(20) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">provide assurances that the State will provide leader-ship, supervision, and resources for comprehensive career guidance, vocational counseling, and placement programs;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>as a component of the assurances described in subparagraph (A), annually assess and report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under title II are not less than such expenditures for such guidance and counseling within the State in the fiscal year 1988;</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/769">104 STAT. 769</page> <paragraph class="firstIndent1 fontsize10"> <num value="21">“(21) </num> <content>provide assurances that the State will provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, Federal funds paid to the State (including such funds paid by the State to eligible recipients under this Act);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">“(22) </num> <content>provide procedures by which an area vocational education school, intermediate educational agency, or local educational agency may appeal decisions adverse to its interests with respect to programs assisted under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">“(23) </num> <content>describe how the State will comply with the provisions of section 118.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Amendments to State Plan</inline>.—</heading> <content>When changes in program conditions, labor market conditions, funding, or other factors re-quire substantial amendment to an approved State plan, the State board, in consultation with the State council, shall submit amendments to such State plan to the Secretary. Any such amendments shall be subject to review by the State job training coordinating council and the State council.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="114">SEC. 114. </num> <heading class="inline">STATE PLAN APPROVAL.</heading> <content>Section 114 of the Act (20 U.S.C. 2324) is amended to read as follows: <quotedContent> <section> <num value="114">“SEC. 114. </num> <heading class="inline">STATE PLAN APPROVAL.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>The State board shall develop the portion of each State plan relating to the amount and uses of any funds proposed to be reserved for adult education, postsecondary education, tech-prep education, and secondary education after consultation with the State agency responsible for supervision of community colleges, technical institutes, or other 2-year postsecondary institutions primarily engaged in providing postsecondary vocational education, and the State agency responsible for secondary education. The State board shall, in developing such plan, take into consideration the relative training and retraining needs of secondary, adult, and postsecondary students, and shall include the State’s rationale for distribution of funds. If a State agency finds that a portion of the final State plan is objectionable, such agency shall file such objections with the State board. The State board shall respond to any objections of such agency in submitting such plan to the Secretary. The Secretary shall consider such comments in reviewing the State plan.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Time for Submission; Approval</inline>.—</heading> <content>Each State plan shall be submitted to the Secretary by May 1 preceding the beginning of the first fiscal year for which such plan is to be in effect. The Secretary shall approve each plan before the expiration of the 60-day period beginning on the date the plan is submitted, if the plan meets the requirements of section 113 and is of sufficient quality to meet the objectives of this Act (including the objective of developing and implementing program evaluations and improvements), and shall subsequently take appropriate actions to monitor the State’s compliance with the provisions of its plan and the requirements of this Act on a regular basis. The Secretary shall not finally disapprove a State plan except after giving reasonable notice and an opportunity for a hearing to the State board.”.</content> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/104/770">104 STAT. 770</page> <section> <num value="115">SEC. 115. </num> <heading class="inline">STATE AND LOCAL STANDARDS AND MEASURES.</heading> <content>Section 115 of the Act (20 U.S.C. 2325) is amended to read as follows: <quotedContent> <section> <num value="115">“SEC. 115. </num> <heading class="inline">STATE AND LOCAL STANDARDS AND MEASURES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>Each State board receiving funds under this Act shall develop and implement a statewide system of core standards and measures of performance for secondary and postsecondary vocational education programs. Each State board receiving funds under this Act, before the expiration of the 30-day period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, shall appoint the State Committee of Practitioners (in this section referred to as the ‘Committee’) as prescribed by section 512(a) after consulting with local school officials representing eligible recipients, and representatives of organized labor, business, superintendents, community-based organizations, private industry councils established under section 102(a) of the Job Training Partnership Act, State councils, parents, special populations, correctional institutions, the administrator appointed under section 11(b)(1), the State administrator of programs assisted under part B of the Education of the Handicapped Act, the State administrator of programs assisted under chapter 1 of title I of the Elementary and Secondary Education Act, the State administrator of programs for students of limited English proficiency, and guidance counselors. Such system shall be developed and implemented before the end of the 2-year period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 and shall apply to all programs assisted under this Act. Eligible recipients may make local modifications to such system based on economic, geographic, or demographic factors, or the characteristics of the population to be served. Such modifications shall conform to the assessment criteria contained in the State plan. The State board shall convene the Committee on a regular basis to review, comment on, and propose revisions to a draft State proposal, which the State board shall develop, for a system of core standards and measures of performance for vocational programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirements</inline>.—</heading> <chapeau>Each system developed under subsection (a) shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>measures of learning and competency gains, including student progress in the achievement of basic and more advanced academic skills;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">1 or more measures of performance, which shall include only—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>competency attainment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>job or work skill attainment or enhancement including student progress in achieving occupational skills necessary to obtain employment in the field for which the student has been prepared, including occupational skills in the industry the student is preparing to enter;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>retention in school or completion of secondary school or its equivalent; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>placement into additional training or education, military service, or employment;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">incentives or adjustments that are—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>designed to encourage service to targeted groups or special populations; and</content> </subparagraph> <page identifier="/us/stat/104/771">104 STAT. 771</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for each student, consistent with the student’s individualized education program developed under section 614(a)(5) of the Education of the Handicapped Act, where appropriate; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>procedures for using existing resources and methods developed in other programs receiving Federal assistance.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Consistency With Other Programs</inline>.—</heading> <chapeau>In developing the standards and measures included in a system developed under subsection (a), the State board shall take into consideration—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>standards and measures developed under job opportunities and basic skills training programs established and operated under a plan approved by the Secretary of Health and Human Services that meets the requirements of section 402(a)(19) of the Social Security Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>standards prescribed by the Secretary of Labor under section 106 of the Job Training Partnership Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Information Provided by State Board</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Committee shall make recommendations to the State board with respect to modifying standards and measures to be used under this section, based on the information provided under paragraph (2).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">To assist the Committee in formulating recommendations under paragraph (1), the State board shall provide to the Committee information concerning differing types of standards and measurement, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the advantages and disadvantages of each type of standard or measurement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>instances in which such standards and measures have been effective; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>instances in which such standards and measures have not been effective.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In the event that the State board does not accept the Commit-tee’s recommendations made as required by paragraph (1), the State board shall set forth in the State plan its reasons for not accepting such recommendations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Technical Assistance</inline>.—</heading> <content>The Secretary shall provide technical assistance to the States with respect to the development of systems under subsection (a). In providing such assistance, the Secretary shall utilize existing resources in other Federal agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <chapeau>The Secretary shall submit a report to the appropriate committees of the Congress not later than the expiration of the 4-year period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. Such report shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a detailed description of the status of each State’s system of standards and measures developed as required by this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an assessment of the validity, predictiveness, and reliability of such standards and measures, unbiased to special populations, in the areas of academic achievement, vocational skill competencies, employment outcomes, and postsecondary continuation and attainment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>an evaluation of the comparability of State-developed performance standards across States to establish a core of common indicators.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/104/772">104 STAT. 772</page> <section> <num value="116">SEC. 116. </num> <heading class="inline">STATE ASSESSMENT AND EVALUATION.</heading> <content>Part B of title I of the Act (20 U.S.C. 2321 et seq.) is amended by adding at the end the following: <quotedContent> <section> <num value="116">“Sec. 116. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2326">20 USC 2326</ref>.</p></sidenote> <heading class="inline">STATE ASSESSMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Each State board receiving assistance under this Act shall conduct an assessment using measurable objective criteria developed by the State board to assess program quality. Such criteria shall be developed in consultation with representatives of the groups described in section 115(a) and shall use information gathered by the National Occupational Information Coordinating Committee and, if appropriate, other information. Each State board shall widely disseminate such criteria. State boards shall develop such criteria no later than the beginning of the 1991–1992 school year. Such criteria shall include such factors as—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>integration of academic and vocational education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>sequential course of study leading to both academic and occupational competencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>increased student work skill attainment and job placement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>increased linkages between secondary and postsecondary educational institutions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>instruction and experience, to the extent practicable, in all aspects of the industry the students are preparing to enter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>the ability of the eligible recipients to meet the needs of special populations with respect to vocational education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>raising the quality of vocational education programs in schools with high concentrations of poor and low-achieving students;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>the relevance of programs to the workplace and to the occupations for which students are to be trained, and the extent to which such programs reflect a realistic assessment of current and future labor market needs, including needs in areas of emerging technologies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>the ability of the vocational curriculum, equipment, and instructional materials to meet the demands of the workforce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>basic and higher order current and future workplace competencies which will reflect the hiring needs of employers; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>other factors considered appropriate by the State board.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Deadline for Assessment</inline>.—</heading> <content>Each State board shall complete the assessment required by subsection (a) before the expiration of the 6-month period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990.</content> </subsection> </section> <section> <num value="117">“Sec. 117. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Prisoners.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2327">20 USC 2327</ref>.</p></sidenote> <heading class="inline">PROGRAM EVALUATION AND IMPROVEMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Annual Evaluation</inline>.—</heading> <chapeau>Each recipient of financial assistance under part C of title II shall annually evaluate the effectiveness of the program conducted with assistance under this Act based on the standards and measures (or modifications thereto) developed as required by section 115. As part of each such evaluation, each such recipient shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">review programs, with the full and informed participation of representatives of individuals who are members of special populations, to—</chapeau> <page identifier="/us/stat/104/773">104 STAT. 773</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>identify and adopt strategies to overcome any barriers which are resulting in lower rates of access to vocational education programs or success in such programs for individuals who are members of special populations; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>evaluate the progress of individuals who are members of special populations in vocational education programs assisted under this Act; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>evaluate the progress of vocational education programs assisted under this Act in providing vocational education students with strong experience in and understanding of all aspects of the industry the students are preparing to enter.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Local Program Improvement Plan</inline>.—</heading> <chapeau>Beginning not less than 1 year after the implementation of the provisions of section 115, if any recipient described in subsection (a) determines that the recipient is not making substantial progress in meeting the standards and measures developed as required by section 115, such recipient shall develop a plan, in consultation with teachers, parents, and students concerned, for program improvement for the succeeding school year. Such plan shall describe how the recipient will identify and modify programs funded under part C of title II, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a description of vocational education and career development strategies designed to achieve progress in improving the effectiveness of the program conducted with assistance under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>if necessary, a description of strategies designed to improve supplementary services provided to individuals who are members of special populations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">State and Local Joint Plan</inline>.—</heading> <chapeau>If, after 1 year of implementation of the plan described in subsection (b), sufficient progress in meeting the standards and measures developed as required by section 115 has not been made, the State shall work jointly with the recipient and teachers, parents, and students concerned to develop a plan for program improvement. Each such plan shall contain—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a description of the technical assistance and program activities the State will provide to enhance the performance of the eligible recipient;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a reasonable timetable to improve the school performance under the plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a description of vocational education strategies designed to improve the performance of the program as measured by the evaluation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>if necessary, a description of strategies designed to improve supplementary services provided to individuals who are members of special populations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Further Action</inline>.—</heading> <content>The State shall, in conjunction with the eligible recipient, annually review and revise the joint plan developed under subsection (c) in order to improve performance and will continue to do so each consecutive year until the recipient sustains, for more than 1 year, fulfillment of the State and local standards and measures developed under section 115.</content> </subsection> </section> <section> <num value="118">“SEC. 118. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Prisoners.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2328">20 USC 2328</ref>.</p></sidenote> <heading class="inline">CRITERIA FOR SERVICES AND ACTIVITIES FOR INDIVIDUALS WHO ARE MEMBERS OF SPECIAL POPULATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Assurances of Equal Access for Members of Special Populations</inline>.—</heading> <chapeau>The State board, in its State plan, shall provide assurances that—</chapeau> <page identifier="/us/stat/104/774">104 STAT. 774</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>individuals who are members of special populations will be provided with equal access to recruitment, enrollment, and placement activities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Discrimination, prohibition.</p></sidenote> <content>individuals who are members of special populations will be provided with equal access to the full range of vocational education programs available to individuals who are not members of special populations, including occupationally specific courses of study, cooperative education, apprenticeship programs, and, to the extent practicable, comprehensive career guidance and counseling services, and shall not be discriminated against on the basis of their status as members of special populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">vocational education programs and activities for individuals with handicaps will be provided in the least restrictive environment in accordance with section 612(5)(B) of the Education of the Handicapped Act and will, whenever appropriate, be included as a component of the individualized education program developed under section 614(a)(5) of such Act;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>students with handicaps who have individualized education programs developed under section 614(a)(5) of the Education of the Handicapped Act shall, with respect to vocational education programs, be afforded the rights and protections guaranteed such students under sections 612, 614, and 615 of such Act;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>students with handicaps who do not have individualized education programs developed under section 614(a)(5) of the Education of the Handicapped Act or who are not eligible to have such a program shall, with respect to vocational education programs, be afforded the rights and protections guaranteed such students under section 504 of the Rehabilitation Act of 1973 and, for the purpose of this Act, such rights and protections shall include making vocational education programs readily accessible to eligible individuals with disabilities through the provision of services described in subsection (c)(3);</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>vocational education planning for individuals with handicaps will be coordinated between appropriate representatives of vocational education, special education, and State vocational rehabilitation agencies; and</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the provision of vocational education to each student with handicaps will be monitored to determine if such education is consistent with the individualized education program developed for such student under section 614(a)(5) of the Education of the Handicapped Act, in any case in which such a program exists;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the provision of vocational education will be monitored to ensure that disadvantaged students and students of limited English proficiency have access to such education in the most integrated setting possible; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">the requirements of this Act relating to individuals who are members of special populations—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">will be carried out under the general supervision of individuals in the appropriate State educational agency or State board who are responsible for students who are members of special populations; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">will meet education standards of the State educational agency or State board; and</content> </clause> </subparagraph> <page identifier="/us/stat/104/775">104 STAT. 775</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>with respect to students with handicaps, the supervision carried out under subparagraph (A) shall be carried out consistent with and in conjunction with supervision by the State educational agency or State board carried out under section 612(6) of the Education of the Handicapped Act.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Provision of Information</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Each local educational agency shall provide to students who are members of special populations and parents of such students at least 1 year before the students enter or are of an appropriate age for the grade level in which vocational education programs are first generally available in the State, but in no event later than the beginning of the ninth grade, information concerning—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the opportunities available in vocational education;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the requirements for eligibility for enrollment in such vocational education programs;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">specific courses that are available;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">special services that are available;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">employment opportunities; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">placement.</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each eligible institution that receives assistance under title II shall provide the information described in paragraph (1) to each individual who requests information concerning or seeks admission to vocational education programs offered by the institution, and, when appropriate, assist in the preparation of applications relating to such admission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The information provided under this subsection shall, to the extent practicable, be in a language and form that the parents and students understand.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="C">“(c) </num> <heading class="inline"><inline class="smallCaps">Assurances</inline>.—</heading> <chapeau class="inline">Each eligible recipient that receives assistance under title II shall provide assurances that such eligible recipient shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>assist students who are members of special populations to enter vocational education programs, and, with respect to students with handicaps, assist in fulfilling the transitional service requirements of section 626 of the Education of the Handicapped Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>assess the special needs of students participating in programs receiving assistance under title II with respect to their successful completion of the vocational education program in the most integrated setting possible;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">provide supplementary services to students who are members of special populations, including, with respect to individuals with handicaps—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>curriculum modification;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>equipment modification;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>classroom modification;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>supportive personnel; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>instructional aids and devices;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>provide guidance, counseling, and career development activities conducted by professionally trained counselors and teachers who are associated with the provision of such special services; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide counseling and instructional services designed to facilitate the transition from school to post-school employment and career opportunities.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Participatory Planning</inline>.—</heading> <chapeau>The State board shall—</chapeau> <page identifier="/us/stat/104/776">104 STAT. 776</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>establish effective procedures, including an expedited appeals procedure, by which parents, students, teachers, and area residents concerned will be able to directly participate in State and local decisions that influence the character of programs under this Act affecting their interests; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide technical assistance and design such procedures to ensure that such individuals are given access to the information needed to use such procedures.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> </part> <num value="II">TITLE II—</num> <heading class="inline">BASIC STATE GRANTS</heading> <section> <num value="201">SEC. 201. </num> <heading class="inline">BASIC STATE GRANTS.</heading> <content>Title II of the Act is amended to read as follows: <quotedContent> <title> <num value="II">“TITLE II—</num> <heading class="inline">BASIC STATE GRANTS FOR VOCATIONAL EDUCATION</heading> <part> <num value="A">“PART A—</num> <heading class="inline">STATE PROGRAMS</heading> <section> <num value="201">“SEC. 201. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2331">20 USC 2331</ref>.</p></sidenote> <heading class="inline">STATE PROGRAMS AND STATE LEADERSHIP.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>From amounts reserved under section 102(a)(3), each State shall conduct State programs and State leader-ship activities.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Required Uses of Funds</inline>.—</heading> <chapeau>The programs and activities described in subsection (a) shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>professional development activities for vocational teachers and academic teachers working with vocational education students, including corrections educators and counselors, and educators and counselors in community-based organizations, including in-service and preservice training of teachers in state-of-the-art programs and techniques, including integration of vocational and academic curricula, with particular emphasis on in-service and preservice training of minority teachers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">development, dissemination, and field testing of curricula, especially—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>curricula that integrate vocational and academic methodologies; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>curricula that provide a coherent sequence of courses through which academic and occupational skills may be measured; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">assessment of programs conducted with assistance under this Act, including the development of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>performance standards and measures for such programs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>program improvement and accountability with respect to such programs.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Authorized Activities</inline>.—</heading> <chapeau>The programs and activities described in subsection (a) may include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the promotion of partnerships among business, education (including educational agencies), industry, labor, community--based organizations, or governmental agencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the support for tech-prep education as described in section 344;</content> </paragraph> <page identifier="/us/stat/104/777">104 STAT. 777</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the support of vocational student organizations, especially with respect to efforts to increase minority participation in such organizations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>leadership and instructional programs in technology education; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>data collection.</content> </paragraph> </subsection> </section> </part> <part> <num value="B">“PART B—</num> <heading class="inline">OTHER STATE-ADMINISTERED PROGRAMS</heading> <subpart> <num value="1">“Subpart 1—</num> <heading class="inline">Programs to Provide Single Parents, Displaced Homemakers, and Single Pregnant Women With Marketable Skills and to Promote the Elimination of Sex Bias</heading> <section> <num value="221">“SEC. 221. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2335">20 USC 2335</ref>.</p></sidenote> <heading class="inline">PROGRAMS FOR SINGLE PARENTS. DISPLACED HOMEMAKERS. AND SINGLE PREGNANT WOMEN.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau>Each State shall use the amount re-served under section 102(a)(2)(A) only to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide, subsidize, reimburse, or pay for preparatory services, including instruction in basic academic and occupational skills, necessary educational materials, and career guidance and counseling services, in preparation for vocational education and training that will furnish single parents, dis-placed homemakers, and single pregnant women with marketable skills;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>make grants to eligible recipients for expanding preparatory services and vocational education services when the expansion directly increases the eligible recipients’ capacity for providing single parents, displaced homemakers, and single pregnant women with marketable skills;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>make grants to community-based organizations for the provision of preparatory and vocational education services to single parents, displaced homemakers, and single pregnant women if the State determines that the community-based organization has demonstrated effectiveness in providing com-parable or related services to single parents, displaced home-makers, and single pregnant women, taking into account the demonstrated performance of such an organization in terms of cost, the quality of training, and the characteristics of the participants;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>make preparatory services and vocational education and training more accessible to single parents, displaced home-makers, and single pregnant women by assisting such individuals with dependent care, transportation services, or special services and supplies, books, and materials, or by organizing and scheduling the programs so that such programs are more accessible; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide information to single parents, displaced home-makers, and single pregnant women to inform such individuals of vocational education programs, related support services, and career counseling.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Settings</inline>.—</heading> <content>The programs and services described in subsection (a) may be provided in postsecondary or secondary school settings, <page identifier="/us/stat/104/778">104 STAT. 778</page>including area vocational education schools, that serve single parents, displaced homemakers, and single pregnant women.</content> </subsection> </section> <section> <num value="222">“SEC. 222. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2335a">20 USC 2335a</ref>.</p></sidenote> <heading class="inline">SEX EQUITY PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau>Except as provided in subsection (b), each State shall use the amount reserved under section 102(a)(2)(B) only for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>programs, services, comprehensive career guidance and counseling, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>preparatory services and vocational education programs, services, and activities for girls and women, aged 14 through 25, designed to enable the participants to support themselves and their families; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>support services for individuals participating in vocational education programs, services, and activities described in paragraphs (1) and (2), including dependent-care services and transportation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Waiver of Age Limit</inline>.—</heading> <content>The administrator appointed under section 111(b)(1) may waive the requirement with respect to age limitations contained in subsection (a)(2) whenever the administrator determines that the waiver is essential to meet the objectives of this section.</content> </subsection> </section> <section> <num value="223">“SEC. 223. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2335b">20 USC 2335b</ref>.</p></sidenote> <heading class="inline">COMPETITIVE AWARD OF AMOUNTS; EVALUATION OF PROGRAMS.</heading> <chapeau>“The administrator appointed under section 111(b)(1)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>shall, on a competitive basis, allocate and distribute to eligible recipients or community-based organizations the amounts reserved under section 102(a)(2) for carrying out this subpart, ensuring that each grant made under this subpart is for a program that is of sufficient size, scope, and quality to be effective; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>shall develop procedures for the collection from eligible recipients, including community-based organizations, that receive funds under this subpart of data appropriate to the individuals served in order to permit evaluation of the effectiveness of such programs as required by section 111(b)(1)(L).</content> </paragraph> </section> </subpart> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">Corrections Education</heading> <section> <num value="225">“SEC. 225. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2336">20 USC 2336</ref>.</p></sidenote> <heading class="inline">PROGRAMS FOR CRIMINAL OFFENDERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Designation of State Corrections Educational Agency</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each State board shall designate 1 or more State corrections agencies as State corrections educational agencies to administer vocational education programs assisted under this Act for juvenile and adult criminal offenders in correctional institutions in the State, including correctional institutions operated by local authorities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any corrections agency that desires to be designated under paragraph (1) shall submit to the State board a plan for the use of funds provided to such corrections agency from the amounts re-served by the State under section 102(a)(5).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Duties of State Corrections Educational Agency</inline>.—</heading> <chapeau>In administering programs receiving funds under this section, each State corrections educational agency designated under subsection (a) <page identifier="/us/stat/104/779">104 STAT. 779</page>shall, in carrying out a vocational education program for criminal offenders—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">give special consideration to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>providing services to offenders who are completing their sentences and preparing for release; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>providing grants for the establishment of vocational education programs in correctional institutions that do not have such programs;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide vocational education programs for women who are incarcerated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>improve equipment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in cooperation with eligible recipients, administer and coordinate vocational education services to offenders before and after their release.</content> </paragraph> </subsection> </section> </subpart> </part> <part> <num value="C">“PART C—</num> <heading class="inline">SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL EDUCATION PROGRAMS</heading> <subpart> <num value="1">“Subpart 1—</num> <heading class="inline">Within-State Allocation</heading> <section> <num value="231">“SEC. 231. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2341">20 USC 2341</ref>.</p></sidenote> <heading class="inline">DISTRIBUTION OF FUNDS TO SECONDARY SCHOOL PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <chapeau>Except as otherwise provided in this section and section 233, each State shall distribute funds available in any fiscal year for secondary school vocational education programs to local educational agencies within the State as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>From 70 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 70 percent as the amount such local educational agency was allocated under section 1005 of the Elementary and Secondary Education Act of 1965 in the preceding fiscal year bears to the total amount received under such section by local educational agencies in the State in such year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>From 20 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 20 percent as the number of students with handicaps who have individualized education programs under section 614(a)(5) of the Education of the Handicapped Act served by such local educational agency in the preceding fiscal year bears to the total number of such students served by local educational agencies in the State in such year.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>From 10 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 10 percent as the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of such local educational agency in the preceding fiscal year bears to the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of all local educational agencies in the State in such year.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Minimum Grant Amount</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2), no local educational agency shall be eligible for a grant under this part unless the amount allocated to such agency under subsection (a) is not less than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum grant requirement of this paragraph.</content> </paragraph> <page identifier="/us/stat/104/780">104 STAT. 780</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The State may waive the application of paragraph (1) in any case in which the local educational agency—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is located in a rural, sparsely-populated area; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>demonstrates that the agency is unable to enter into a consortium for purposes of providing services under this part.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Any amounts which are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or paragraph (2) in accordance with the provisions of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Limited Jurisdiction Agencies</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In applying the provisions of subsection (a), no State board receiving assistance under this Act shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local or regional educational agency which provides secondary school services to secondary school students in the same attendance area.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Allocations to Area Vocational Education Schools and Intermediate Educational Agencies</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The State shall distribute funds available for secondary school vocational education programs to the appropriate area vocational education school or intermediate educational agency in any case in which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">the area vocational education school or intermediate educational agency and the local educational agency concerned—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">have formed or will form a consortium for the purpose of receiving funds under this section; or</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <content class="inline">have entered into or will enter into a cooperative arrangement for such purpose; and</content></clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B)</num><sidenote><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote> <clause class="inline"> <num value="i">(i) </num> <content class="inline">the area vocational education school or intermediate educational agency serves an approximately equal or greater proportion of students with handicaps and students who are economically disadvantaged than the proportion of such students attending the secondary schools under the jurisdiction of all of the local educational agencies sending students to the area vocational education school or the intermediate educational agency; or</content></clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the area vocational education school, intermediate educational agency, or local educational agency demonstrates that it is unable to meet the criterion described in clause (i) due to the lack of interest by students described in clause (i) in attending vocational education programs in that area school or intermediate educational agency.</content></clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">If an area vocational education school or intermediate educational agency meets the requirements of paragraph (1), then—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the amount that would otherwise be distributed to the local educational agency shall be allocated to the area vocational education school, the intermediate educational agency, and the local educational agency based on each school’s or entity’s relative share of students described in paragraph (1)(B)(i) who are attending vocational education programs that meet the requirements of section 235 (based, if practicable, on the average enrollment for the prior 3 years); or</content> </subparagraph> <page identifier="/us/stat/104/781">104 STAT. 781</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such amount may be allocated on the basis of an agreement between the local educational agency and the area vocational education school or intermediate educational agency.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau>For the purposes of this subsection, the State may deter-mine the number of economically disadvantaged students attending vocational education programs on the basis of eligibility for any of the following:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">Free or reduced-price meals under the National School Lunch Act.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">The program for aid to dependent children under part A of title IV of the Social Security Act.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">Benefits under the Food Stamp Act of 1977.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">Services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965.</content></clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content class="inline">Other indices of economic status including estimates of such indices, if the State demonstrates to the satisfaction of the Secretary that such indices are more representative of such number.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>If a State elects to use more than 1 factor described in subparagraph (A) for purposes of making the determination described in such subparagraph, the State shall ensure that the data used is not duplicative.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The State board shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">Notwithstanding the provisions of paragraphs (1), (2), (3), and (4) any local educational agency receiving an allocation which is not sufficient to conduct a program which meets the requirements of section 235(c) is encouraged to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>form a consortium or enter into a cooperative agreement <sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p></sidenote>with an area vocational education school or intermediate educational agency offering programs that meet the requirements of section 235(c) and that are accessible to economically disadvantaged students and students with handicaps served by such local educational agency; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>transfer such allocation to the area vocational education school or intermediate educational agency.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="232">“SEC. 232. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2341a">20 USC 2341a</ref>.</p></sidenote> <heading class="inline">DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Rule</inline>.—</heading> <content>Except as provided in subsection (b) and section 233, each State shall distribute funds available in any fiscal year for postsecondary and adult vocational education programs to eligible institutions within the State. Each such eligible institution shall receive an amount that bears the same relationship to the amount of funds available under such section as the number of Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 235 offered by such institution in the preceding fiscal year bears to the number of such recipients enrolled in such programs within the State in such year.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Waiver for More Equitable Distribution</inline>.—</heading> <chapeau class="inline">The Secretary may waive the application of subsection (a) in the case of any State <page identifier="/us/stat/104/782">104 STAT. 782</page>that submits to the Secretary an application for such a waiver that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>demonstrates that the formula described in subsection (a) does not result in a distribution of funds to the institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions within the State who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>receive need-based postsecondary financial aid provided from public funds;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">are enrolled in postsecondary educational institutions that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>are funded by the State;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>do not charge tuition; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>serve only economically disadvantaged students;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>are enrolled in programs serving economically dis-advantaged adults;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>are participants in programs assisted under the Job Training Partnership Act; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>are recipients of Pell Grants.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Minimum Grant Amount</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No grant provided to any institution under this section shall be for an amount that is less than $50,000.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any amounts which are not allocated by reason of paragraph (1) shall be redistributed to eligible institutions in accordance with the provisions of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Definition</inline>.—</heading> <chapeau>For the purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘eligible institution’ means an institution of higher education, a local educational agency serving adults, or an area vocational education school serving adults that offers or will offer a program that meets the requirements of section 235 and seeks to receive assistance under this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the term ‘institution of higher education’ has the meaning given that term in section 435(b) of the Higher Education Act of 1965; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the term ‘Pell Grant recipient’ means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965.</content> </paragraph> </subsection> </section> <section> <num value="233">“SEC. 233. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2341b">20 USC 2341b</ref>.</p></sidenote> <heading class="inline">SPECIAL RULE FOR MINIMAL ALLOCATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p></sidenote> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau>In any fiscal year in which a minimal amount is made available by a State for distribution under section 231 or section 232 such State may, notwithstanding the provisions of section 231 or section 232, as appropriate, in order to result in a more equitable distribution of funds for programs serving the high-est numbers of economically disadvantaged individuals, distribute such minimal amount—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>on a competitive basis; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>through any alternative method determined by the State.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Minimal Amount</inline>.—</heading> <content>For purposes of this section, the term ‘minimal amount’ means not more than 15 percent of the total amount made available for distribution under this part.</content> </subsection> </section> <page identifier="/us/stat/104/783">104 STAT. 783</page> <section> <num value="234">“SEC. 234. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2341c">20 USC 2341c</ref>.</p></sidenote> <heading class="inline">REALLOCATION.</heading> <subsection class="indent0 fontsize10" ><num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>In any academic year that a local educational agency or eligible institution does not expend all of the amounts it is allocated for such year under section 231 or section 232, such local educational agency or eligible institution shall return any unexpended amounts to the State to be reallocated under section 231 or section 232, as appropriate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Reallocation of Amounts Returned Late in an Academic Year</inline>.—</heading ><content>In any academic year in which amounts are returned to the State under sections 231 or 232 and the State is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the State shall retain such amounts to be distributed in combination with amounts provided under this title for the following academic year.</content> </subsection> </section> </subpart> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">Uses of Funds</heading> <section> <num value="235">“Sec. 235. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Children and youth. Prisoners.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2342">20 USC 2342</ref>.</p></sidenote> <heading class="inline">USES OF FUNDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>Each eligible recipient that receives a grant under this part shall use funds provided under such grant to improve vocational education programs, with the full participation of individuals who are members of special populations, at a limited number of sites or with respect to a limited number of program areas.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <content>Each eligible recipient that receives a grant under this part shall give priority for assistance under this part to sites or programs that serve the highest concentrations of individuals who are members of special populations.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Requirements for Uses of Funds</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Funds made available under a grant under this part shall be used to provide vocational education in programs that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">are of such size, scope, and quality as to be effective;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">integrate academic and vocational education in such programs through coherent sequences of courses so that students achieve both academic and occupational competencies; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">provide equitable participation in such programs for the special populations consistent with the assurances and requirements in section 118.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In carrying out the provisions of paragraph (1), grant funds may be used for activities such as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>upgrading of curriculum;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>purchase of equipment, including instructional aids;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>in-service training of both vocational instructors and academic instructors working with vocational education students for integrating academic and vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>guidance and counseling;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>remedial courses;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>adaptation of equipment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>tech-prep education programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>supplementary services designed to meet the needs of special populations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>a special populations coordinator paid in whole or in part from such funds who shall be a qualified counselor or teacher to ensure that individuals who are members of special populations are receiving adequate services and job skill training;</content> </subparagraph> <page identifier="/us/stat/104/784">104 STAT. 784</page> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>apprenticeship programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>programs that are strongly tied to economic development efforts in the State;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">“(L) </num> <content>programs which train adults and students for all aspects of the occupation, in which job openings are projected or available;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="M">“(M) </num> <content>comprehensive mentor programs in institutions of higher education offering comprehensive programs in teacher preparation, which seek to fully use the skills and work experience of individuals currently or formerly employed in business and industry who are interested in becoming classroom instructors and to meet the need of vocational educators who wish to upgrade their teaching competencies;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="N">“(N) </num> <content>provision of education and training through arrangements with private vocational training institutions, private postsecondary educational institutions, employers, labor organizations, and joint labor-management apprenticeship programs whenever such institutions, employers, labor organizations, or programs can make a significant contribution to obtaining the objectives of the State plan and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">Equipment purchases pursuant to sections 231 and 232, when not being used to carry out the provisions of this Act, may be used for other instructional purposes if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the acquisition of the equipment was reasonable and necessary for the purpose of conducting a properly designed project or activity under this title;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is used after regular school hours or on weekends; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">such other use is—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>incidental to the use of that equipment under this title;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>does not interfere with the use of that equipment under this title; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>does not add to the cost of using that equipment under this title.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Each eligible recipient receiving funds under this part shall use no more than 5 percent of such funds for administrative costs.</content> </paragraph> </subsection> </section> </subpart> <subpart> <num value="3">“Subpart 3—</num> <heading class="inline">Local Application</heading> <section> <num value="240">“SEC. 240. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Prisoners.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2343">20 USC 2343</ref>.</p></sidenote> <heading class="inline">LOCAL APPLICATION.</heading> <chapeau>“Any eligible recipient desiring financial assistance under this part shall, according to requirements established by the State board, submit to the State board an application, covering the same period as the State plan, for the use of such assistance. The State board shall determine requirements for local applications, except that each such application shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">contain a description of the vocational education programs to be funded, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the extent to which the program incorporates each of the elements described in section 235;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>how the eligible recipient will use the funds available under this part and from other resources to improve the program with regard to each use of funds described in section 235;</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/785">104 STAT. 785</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>contain a report on the number of individuals in each of <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>the special populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>contain a description of how the needs of individuals who are members of special populations will be assessed and a description of the planned use of funds to meet such needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>describe how access to programs of good quality will be provided to students who are economically disadvantaged (including foster children), students with handicaps, and students of limited English proficiency through affirmative out-reach and recruitment efforts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide assurances that the programs funded under this part shall be carried out according to the criteria for programs for each special population;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>describe the program evaluation standards the applicant will use to measure its progress;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>describe methods to be used to coordinate vocational education services with relevant programs conducted under the Job Training Partnership Act, including cooperative arrangements established with private industry councils established under section 102(a) of such Act, in order to avoid duplication and to expand the range of and accessibility to vocational education services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>describe methods used to develop vocational educational programs in consultation with parents and students of special populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>provide a description of coordination with community--based organizations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>consider the demonstrated occupational needs of the area in assisting programs funded by this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <chapeau class="inline">provide a description of how the eligible recipient will provide a vocational education program that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>integrates academic and occupational disciplines so that students participating in the program are able to achieve both academic and occupational competence; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>offers coherent sequences of courses leading to a job skill;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <chapeau class="inline">provide assurances that the eligible recipient will provide a vocational education program that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>encourages students through counseling to pursue such coherent sequences of courses;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>assists students who are economically disadvantaged, students of limited English proficiency, and students with handicaps to succeed through supportive services such as counseling, English-language instruction, child care, and special aids;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>is of such size, scope, and quality as to bring about improvement in the quality of education offered by the school; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>seeks to cooperate with the sex equity program carried out under section 222;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>provide an assurance that the eligible recipient will provide sufficient information to the State to enable the State to comply with the provisions of section 231(d); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>describe how the eligible recipient will monitor the provision of vocational education to individuals who are members of special populations.”</content> </paragraph> </section> </subpart> </part> 104 STAT. 786 <num value="III">TITLE III—</num> <heading class="inline">SPECIAL PROGRAMS</heading> <section> <num value="301">SEC. 301. </num> <heading class="inline">USE OF FUNDS.</heading> <chapeau>Section 302(b) of the Act (20 U.S.C. 2352(b)) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inserting the following new paragraph (6) after paragraph (5): <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>model programs for school dropouts;”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="302">SEC. 302. </num> <heading class="inline">CONSUMER AND HOMEMAKING EDUCATION.</heading> <content>Paragraph (2) of section 311 of the Act (20 U.S.C. 2361) is amended by inserting “<quotedText>individual and family health,</quotedText>” after “<quotedText>food and nutrition,</quotedText>”.</content> </section> <section> <num value="303">SEC. 303. </num> <heading class="inline">USE OF FUNDS FROM CONSUMER AND HOMEMAKING EDUCATION GRANTS.</heading> <chapeau>Section 312 of the Act (20 U.S.C. 2362) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in paragraph (1), by striking “<quotedText>in</quotedText>” and inserting “<quotedText>for residents of</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in paragraph (3), by inserting after “<quotedText>encourage</quotedText>” the following: “<quotedText>, in cooperation with the individual appointed under section lll(b)(l),</quotedText>”;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">in paragraph (1) of subsection (b)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking “<quotedText>managing home and work responsibilities</quotedText>” and inserting “<quotedText>balancing work and family</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by inserting after “<quotedText>family crises</quotedText>” the following: “<quotedText>(including family violence and child abuse)</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by inserting after “<quotedText>parenting skills</quotedText>” the following: “<quotedText>(especially among teenage parents), preventing teenage pregnancy</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by striking “<quotedText>handicapped individuals,</quotedText>” and inserting “<quotedText>individuals with handicaps, and members of at-risk populations (including the homeless),</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by striking “<quotedText>improving nutrition,</quotedText>” and inserting “<quotedText>improving individual, child, and family nutrition and wellness,</quotedText>”.</content> </subparagraph> </paragraph> </section> <section> <num value="304">SEC. 304. </num> <heading class="inline">INFORMATION DISSEMINATION AND LEADERSHIP.</heading> <chapeau>The second sentence of subsection (a) of section 313 of the Act (20 U.S.C. 2363) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after “<quotedText>State leadership</quotedText>” the following: “<quotedText>and full time State administrators</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>educational</quotedText>” after “<quotedText>experience and</quotedText>”.</content> </paragraph> </section> <section> <num value="305">SEC. 305. </num> <heading class="inline">ADULT TRAINING, RETRAINING, AND EMPLOYMENT DEVELOPMENT.</heading> <content>Part C of title III of the Act (20 U.S.C. 2371 et seq.) is repealed.</content> </section> <section> <num value="306">SEC. 306. </num> <heading class="inline">COMPREHENSIVE CAREER GUIDANCE AND COUNSELING PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Redesignations</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Title III of the Act (20 U.S.C. 2351 et seq.) is amended by redesignating part D as part C.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Sections 331, 332, and 333 of the Act (20 U.S.C. 2381, 2382, 2383) are redesignated as sections 321, 322, and 323, respectively.</content> </paragraph> </subsection> <page identifier="/us/stat/104/787">104 STAT. 787</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendment to Part Heading</inline>.—</heading> <content>The heading for part D of title HI of the Act (as redesignated in subsection (a)(1)) is redesignated as the heading to part C.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Use of Funds From Career Guidance and Counseling Grants</inline>.—</heading> <content>Section 322 of the Act (as redesignated by subsection (a)(2)) (20 U.S.C. 2382) is amended in paragraph (2) of subsection (b), by inserting after “<quotedText>equipment acquisition,</quotedText>” the following: “<quotedText>development of career information delivery systems,</quotedText>”.</content> </subsection> </section> <section> <num value="307">SEC. 307. </num> <heading class="inline">BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Redesignations</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Title III of the Act (20 U.S.C. 2351 et seq.) is amended by redesignating part E as part D.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Sections 341, 342, and 343 of the Act (20 U.S.C. 2391, 2392, 2393) are redesignated as sections 331, 332, and 333, respectively.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendment to Part Heading</inline>.—</heading> <content>The heading for part D of title III of the Act (as redesignated by subsection (a)(1)) is amended to read as follows: <quotedContent> <part> <num value="D">“PART D—</num> <heading class="inline">BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING”.</heading> </part> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Findings and Purpose</inline>.—</heading> <content>Section 331 of the Act (as redesignated by subsection (a)(2)) (20 U.S.C. 2391) is amended to read as follows: <quotedContent> <section> <num value="331">“SEC. 331. </num> <heading class="inline">FINDINGS AND PURPOSE.</heading> <chapeau>“The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>there is a need to infuse resources into the schools for the purpose of improving the quality of vocational education; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>there is a need to fulfill the needs of business for skilled employees who meet certain minimal standards in key occupational areas.”.</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Authorization of Grants</inline>.—</heading> <chapeau>Section 332 of the Act (as redesignated by subsection (a)(2)) (20 U.S.C. 2392) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending subsection (a) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">From amounts authorized under section 3(d)(1)(1) that are made available for this part, the Secretary shall make grants to States to enable States to award grants to partnerships among—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">an area vocational education school, a State agency, a local educational agency, a secondary school funded by the Bureau of Indian Affairs, an institution of higher education, a State corrections educational agency or an adult learning center; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">business, industry, labor organizations, or apprenticeship programs;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">to carry out business-labor-education partnership training programs in accordance with this part.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall ensure an equitable geographic distribution of grants under this part.”;</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by amending subsection (b) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Grants to any State under this part shall be used in accordance with State plans and shall provide incentives for the coordination of programs assisted with funds under this part with related efforts under part E and under the Job Training Partnership Act. Each such State plan shall contain assurances to the Secretary that—</chapeau> <page identifier="/us/stat/104/788">104 STAT. 788</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">funds received under this part will be awarded on a competitive basis solely for vocational education programs, including programs—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to provide apprenticeships and internships in industry;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to provide new equipment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to provide teacher internships or teacher training;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>that bring representatives of business and organized labor into the classroom;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>to increase the access to, and quality of, programs for individuals who are members of special populations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>to strengthen coordination between vocational education programs, and the labor and skill needs of business and industry;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>to address the economic development needs of the area served by the partnership;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>to provide training and career counseling that will enable workers to retain their jobs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>to provide training and career counseling that will enable workers to upgrade their jobs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>that address the needs of new and emerging industries, particularly industries in high-technology fields.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the State will give preference to partnerships that coordinate with local chambers of commerce (or the equivalent), local labor organizations, or local economic development plans;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the State will give priority to programs offered by partnerships that provide job training in areas or skills where there are significant labor shortages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Urban areas.</p><p class="indent0 firstIndent0 fontsize8">Rural areas.</p></sidenote> <content>the State shall ensure an equitable distribution of assistance under this part between urban and rural areas;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>except as provided in paragraph (6), not less than 50 percent of the aggregate cost of programs and projects assisted under this part will be provided from non-Federal sources, and not less than 50 percent of such non-Federal share will be provided by businesses or labor organizations participating in the partnership; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>in the event that the partnership includes a small business or labor organization, 40 percent of the aggregate cost of the programs and projects assisted under this part will be provided from non-Federal sources and not less than 50 percent of such non-Federal share will be provided by participating businesses or labor organizations.”; and</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Secretary shall prescribe policies for vocational education programs carried out with assistance under this part. Such policies shall include examples of allowable expenses for business-labor-education partnerships.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="308">SEC. 308. </num> <heading class="inline">TECH-PREP EDUCATION.</heading> <content>Title III of the Act (20 U.S.C. 2351 et seq.) is amended by adding at the end the following new part: <quotedContent> <part> <num value="E">“PART E—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Tech-Prep Education Act.</p><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394">20 USC 2394 note</ref>.</p></sidenote> <heading class="inline">TECH-PREP EDUCATION</heading> <section> <num value="341">“SEC. 341. </num> <heading class="inline">SHORT TITLE.</heading> <content>“This part may be cited as the ‘<shortTitle role="part">Tech-Prep Education Act</shortTitle>’.</content> </section> <page identifier="/us/stat/104/789">104 STAT. 789</page> <section> <num value="342">“SEC. 342. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394">20 USC 2394</ref>.</p></sidenote> <heading class="inline">FINDINGS AND PURPOSE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>rapid technological advances and global economic com-petition demand increased levels of skilled technical education preparation and readiness on the part of youths entering the workforce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>effective strategies reaching beyond the boundaries of traditional schooling are necessary to provide early and sustained intervention by parents, teachers, and educational institutions in the lives of students;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a combination of non-traditional school-to-work technical education programs, using state-of-the-art equipment and appropriate technologies, will reduce the dropout rate for high school students in the United States and will produce youths who are mature, responsible, and motivated to build good lives for themselves;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the establishment of systematic technical education articulation agreements between secondary schools and post-secondary educational institutions is necessary for providing youths with skills in the liberal and practical arts and in basic academics, including literacy instruction in the English language, and with the intense technical preparation necessary for finding a position in a changing workplace;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>by the year 2000 an estimated 15,000,000 manufacturing jobs will require more advanced technical skills, and an equal number of service jobs will become obsolete;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>more than 50 percent of jobs that are developing will require skills greater than those provided by existing educational programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>dropout rates in urban schools are 50 percent or higher, and more than 50 percent of all Hispanic youth drop out of high school; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>employers in the United States pay an estimated $210,000,000,000 annually for formal and informal training, remediation, and lost productivity as a result of untrained and unprepared youth joining, or attempting to join, the workforce of the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Purpose</inline>.—</heading> <chapeau>It is the purpose of this part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to provide planning and demonstration grants to consortia of local educational agencies and postsecondary educational institutions, for the development and operation of 4-year programs designed to provide a tech-prep education program leading to a 2-year associate degree or a 2-year certificate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to provide, in a systematic manner, strong, comprehensive links between secondary schools and postsecondary educational institutions.</content> </paragraph> </subsection> </section> <section> <num value="343">“SEC. 343. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394a">20 USC 2394a</ref>.</p></sidenote> <heading class="inline">PROGRAM AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Discretionary Amounts</inline>.—</heading> <chapeau>In any fiscal year in which the amount made available under section 3(d)(1)(E) to carry out the provisions of this part is equal to or less than $50,000,000, the Secretary, in accordance with the provisions of this part which are not inconsistent with this paragraph, shall award grants for tech-prep education programs to consortia of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>local educational agencies, intermediate educational agencies or area vocational education schools serving secondary <page identifier="/us/stat/104/790">104 STAT. 790</page>school students, or secondary schools funded by the Bureau of Indian Affairs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">nonprofit institutions of higher education which offer a 2-year associate degree program, a 2-year certificate program, and which are qualified as institutions of higher education pursuant to section 481(a) of the Higher Education Act of 1965, including institutions receiving assistance under the Tribally Controlled Community College Assistance Act of 1978, or a 2-year apprenticeship program that follows secondary instruction, if such nonprofit institutions of higher education are not subject to a default management plan required by the Secretary; or</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>proprietary institutions of higher education which offer a 2-year associate degree program and which are qualified as institutions of higher education pursuant to section 481(a) of the Higher Education Act of 1965 if such proprietary institutions of higher education are not subject to a default management plan required by the Secretary.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">State Grants</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In any fiscal year for which the amount made available under section 3(d)(1)(E) to carry out the provisions of this part exceeds $50,000,000, the Secretary shall allot such amount to the States in accordance with the provisions of section 101(a)(2).</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>From amounts made available to each State under paragraph (1), the State board, in accordance with the provisions of this part which are not inconsistent with this paragraph, shall award grants on a competitive basis or on the basis of a formula determined by the State board, for tech-prep education programs to consortia described in subsection (a)(1).</content> </paragraph> </subsection> </section> <section> <num value="344">“Sec. 344. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394b">20 USC 2394b</ref>.</p></sidenote> <heading class="inline">TECH-PREP EDUCATION PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>Each grant recipient shall use amounts provided under the grant to develop and operate a 4-year tech-prep education program.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Contents of Program</inline>.—</heading> <chapeau>Any such program shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>be carried out under an articulation agreement between the participants in the consortium;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>consist of the 2 years of secondary school preceding graduation and 2 years of higher education, or an apprentice-ship program of at least 2 years following secondary instruction, with a common core of required proficiency in mathematics, science, communications, and technologies designed to lead to an associate degree or certificate in a specific career field;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>include the development of tech-prep education program curricula appropriate to the needs of the consortium participants;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">include in-service training for teachers that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is designed to train teachers to effectively implement tech-prep education curricula;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>provides for joint training for teachers from all participants in the consortium; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>may provide such training in weekend, evening, and summer sessions, institutes or workshops;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">include training programs for counselors designed to enable counselors to more effectively—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>recruit students for tech-prep education programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>ensure that such students successfully complete such programs; and</content> </subparagraph> <page identifier="/us/stat/104/791">104 STAT. 791</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>ensure that such students are placed in appropriate employment;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>provide equal access to the full range of technical preparation programs to individuals who are members of special populations, including the development of tech-prep education program services appropriate to the needs of such individuals; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>provide for preparatory services which assist all participants in such programs.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Additional Authorized Activities</inline>.—</heading> <chapeau>Each such program may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide for the acquisition of tech-prep education program equipment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>as part of the program’s planning activities, acquire technical assistance from State or local entities that have successfully designed, established and operated tech-prep programs.</content> </paragraph> </subsection> </section> <section> <num value="345">“SEC. 345. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394c">20 USC 2394c</ref>.</p></sidenote> <heading class="inline">APPLICATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Each consortium that desires to receive a grant under this part shall submit an application to the Secretary or the State board, as appropriate, at such time and in such manner as the Secretary or the State board, as appropriate, shall prescribe.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Three-Year Plan</inline>.—</heading> <content>Each application submitted under this section shall contain a 3-year plan for the development and implementation of activities under this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Approval</inline>.—</heading> <content>The Secretary or the State board, as appropriate, shall approve applications based on their potential to create an effective tech-prep education program as provided for in section 344.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Special Consideration</inline>.—</heading> <chapeau>The Secretary or the State board, as appropriate, shall give special consideration to applications which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide for effective employment placement activities or <sidenote><p class="indent0 firstIndent0 fontsize8">Employment and unemployment.</p><p class="indent0 firstIndent0 fontsize8">Business and industry.</p><p class="indent0 firstIndent0 fontsize8">Minorities.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Urban areas.</p><p class="indent0 firstIndent0 fontsize8">Rural areas.</p></sidenote>transfer of students to 4-year baccalaureate degree programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>are developed in consultation with business, industry, and labor unions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>address effectively the issues of dropout prevention and re-entry and the needs of minority youths, youths of limited English proficiency, youths with handicaps, and disadvantaged youths.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Equitable Distribution of Assistance</inline>.—</heading> <content>In making grants under this part, the Secretary shall ensure an equitable distribution of assistance among States and the Secretary or the State board, as appropriate, shall ensure an equitable distribution of assistance between urban and rural consortium participants.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Notice</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the case of grants to be made by the Secretary, each consortium that submits an application under this section shall provide notice of such submission and a copy of such application to the State educational agency and the State agency for higher education of the State in which the consortium is located.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall notify the State educational agency, the State agency for higher education, and the State council on vocational education of any State each time a consortium located in such State is selected to receive a grant under this part.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/104/792">104 STAT. 792</page> <section> <num value="346">“SEC. 346. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394d">20 USC 2394d</ref>.</p></sidenote> <heading class="inline">REPORTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Report to the Secretary</inline>.—</heading> <content>In the case of grants made by the Secretary, each grant recipient shall, with respect to assistance received under this part, submit to the Secretary such reports as may be required by the Secretary to ensure that such grant recipient is complying with the requirements of this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Report to the Congress</inline>.—</heading> <content>After grant recipients who receive grants in the first year in which grants are made under this part complete their eligibility under the program, the Secretary shall submit to the Congress a report evaluating the effectiveness of the program under this part.</content> </subsection> </section> <section> <num value="347">“Sec. 347. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2394e">20 USC 2394e</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>“For purposes of this part:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘articulation agreement’ means a commitment to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to competencies in a tech-prep education program.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The term ‘community college’—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has the meaning provided in section 1201(a) of the Higher Education Act of 1965 for an institution which provides not less than a 2-year program which is acceptable for full credit toward a bachelor’s degree; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>includes tribally controlled community colleges.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The term ‘tech-prep education program’ means a combined secondary and postsecondary program which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>leads to an associate degree or 2-year certificate;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>provides technical preparation in at least 1 field of engineering technology, applied science, mechanical, industrial, or practical art or trade, or agriculture, health, or business;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>builds student competence in mathematics, science, and communications (including through applied academics) through a sequential course of study; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>leads to placement in employment.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The terms ‘institution of higher education’ and ‘higher education’ include institutions offering apprenticeship programs of at least 2 years beyond the completion of secondary school.”.</content> </paragraph> </section> </part> </quotedContent> </content> </section> <section> <num value="309">SEC. 309. </num> <heading class="inline">SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND EQUIPMENT AND OTHER PROGRAM IMPROVEMENT ACTIVITIES.</heading> <content>Title III of the Act (as amended by section 308 of this Act) (20 U.S.C. 2351 et seq.) is further amended by adding at the end the following new part: <quotedContent> <part> <num value="F">“PART F—</num> <heading class="inline">SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND EQUIPMENT AND OTHER PROGRAM IMPROVEMENT ACTIVITIES</heading> <section> <num value="351">“Sec. 351. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395">20 USC 2395</ref>.</p></sidenote> <heading class="inline">STATEMENT OF PURPOSE.</heading> <content>“It is the purpose of this part to provide funding to local educational agencies in economically depressed areas for program improvement activities, especially the improvement of facilities and acquisition or leasing of equipment to be used to carry out vocational education programs that receive assistance under this Act.</content> </section> <page identifier="/us/stat/104/793">104 STAT. 793</page> <section> <num value="352">“SEC. 352. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395a">20 USC 2395a</ref>.</p></sidenote> <heading class="inline">ALLOTMENT TO STATES.</heading> <content>“In each fiscal year, from any amounts appropriated for purposes of carrying out this part, the Secretary shall allot to each State an amount which bears the same ratio to such appropriated amounts as the aggregate amount allocated to counties in such State for such fiscal year under section 1006 of the Elementary and Secondary Education Act of 1965 bears to the total amount appropriated for carrying out such section for such fiscal year.</content> </section> <section> <num value="353">“SEC. 353. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395b">20 USC 2395b</ref>.</p></sidenote> <heading class="inline">ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Distribution of All Grant Amounts</inline>.—</heading> <content>In each fiscal year for which a State receives a grant under this part, the State shall distribute not less than 100 percent of the amounts made available under the grant to eligible local educational agencies as provided in subsection (b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Grant Amounts</inline>.—</heading> <content>In each fiscal year for which a State receives a grant under this part, each eligible local educational agency or consortium of such agencies in the State shall receive an amount under this part that bears the same relationship to the amount received by such local educational agency or agencies under section 1006 of the Elementary and Secondary Education Act of 1965 bears to the aggregate amount received by local educational agencies in such State under such section in such fiscal year.</content> </subsection> </section> <section> <num value="354">“SEC. 354. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395c">20 USC 2395c</ref>.</p></sidenote> <heading class="inline">USES OF FUNDS.</heading> <chapeau>“Each local educational agency or consortium of such agencies that receives a grant under this part shall——</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>give first priority to using funds provided under the grant for improving facilities and acquiring or leasing equipment for carrying out vocational education programs that receive assistance under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>then may use any funds not required to carry out the provisions of paragraph (1) for other program improvement activities, such as curriculum development or teacher training.</content> </paragraph> </section> <section> <num value="355">“SEC. 355. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395d">20 USC 2395d</ref>.</p></sidenote> <heading class="inline">STATE APPLICATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Each State that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each such application shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>designate the sole State agency described in section 111(a)(1) as the State agency responsible for the administration and supervision of activities carried out with assistance under this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide for a process of consultation with the State council established under section 112;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>describes how funds will be allocated in a manner consistent with section 353;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>provide for an annual submission of data concerning the use of funds and students served with assistance under this part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide that the State educational agency will keep such<sidenote><p class="indent0 firstIndent0 fontsize8">Records.</p></sidenote> records and provide such information to the Secretary as may be required for purposes of financial audits and program evaluations; and</content> </paragraph> <page identifier="/us/stat/104/794">104 STAT. 794</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>contain assurances that the State will comply with the requirements of this part.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Period of Application</inline>.—</heading> <content>An application submitted by the State under subsection (a) shall be for a period of not more than 3 years and shall be amended annually.</content> </subsection> </section> <section> <num value="356">“SEC. 356. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2395e">20 USC 2395e</ref>.</p></sidenote> <heading class="inline">LOCAL APPLICATIONS.</heading> <content>“Each local educational agency or consortium of such agencies that desires to receive a grant under this part shall submit to the State an application at such time, in such manner, and containing or accompanied by such information as the State may reasonably require.”.</content> </section> </part> </quotedContent> </content> </section> <section> <num value="310">SEC. 310. </num> <heading class="inline">COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS.</heading> <content>Title III of the Act (as amended by sections 308 and 309 of this Act) is further amended by inserting at the end the following: <quotedContent> <part> <num value="G">“PART G—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Community Education Employment Center Act of 1990.</p><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Urban areas. Rural areas. Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396">20 USC 2396 note</ref>.</p></sidenote> <heading class="inline">COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS</heading> <subpart> <num value="1">“Subpart 1—</num> <heading class="inline">Community Education Employment Centers</heading> <section> <num value="361">“SEC. 361. </num> <heading class="inline">SHORT TITLE.</heading> <content>“This part may be cited as the ‘<shortTitle role="part">Community Education Employment Center Act of 1990</shortTitle>’.</content> </section> <section> <num value="362">“SEC. 362. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/2396">20 USC 2396</ref>.</p></sidenote> <heading class="inline">PURPOSE.</heading> <chapeau>“It is the purpose of this part to establish and evaluate model high school community education employment centers to meet the education needs of low-income urban and rural youth by awarding grants to eligible recipients to enable such eligible recipients to establish community education employment centers to provide students with the education, skills, support services, and enrichment necessary to ensure—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>graduation from secondary school;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>successful transition from secondary schools to a broad range of postsecondary institutions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>employment, including military service.</content> </paragraph> </section> <section> <num value="363">“Sec. 363. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396a">20 USC 2396a</ref>.</p></sidenote> <heading class="inline">PROGRAM AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>The Secretary is authorized to make grants to eligible recipients having applications approved pursuant to section 369 to establish and operate not more than 10 community education employment centers nationwide.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Grant Period</inline>.—</heading> <content>Grants awarded under this section may be for a period of 5 years.</content> </subsection> </section> <section> <num value="364">“SEC. 364. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396b">20 USC 2396b</ref>.</p></sidenote> <heading class="inline">PROGRAM REQUIREMENTS.</heading> <chapeau>“Each eligible recipient receiving a grant under this part shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>operate a community education employment center on an extended year and extended day basis;</content> </paragraph> <page identifier="/us/stat/104/795">104 STAT. 795</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>establish a collegial working environment, with substantial opportunities for staff training and development and shared decision-making;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>maintain small class sizes, and to the extent possible, maintain an average class size of 15 students or less;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>have the option to organize community education and employment centers into 1 or more programs, specializing in different areas of study of particular interest and employment opportunities for the student population;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">offer a broad array of secondary school coursework, including, to the extent possible—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>English, mathematics, history, geography, biology, chemistry, physics, and computer science;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>opportunities for student participation in a wide range of extracurricular activities, including community service and exploration, sports, fine and performing arts and tutorial study sessions;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a comprehensive vocational-technical education program developed through regular consultation with employer-labor panels with knowledge of relevant industries, and which offers skills in planning, management, finances, technical and production skills, underlying principles of technology, labor and community issues, economic development and health, safety, and environment issues;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>courses in health, nutrition, and parenting;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>offer students on-site opportunities for assistance with career planning and decision-making, employability, entrepreneurial abilities, interpersonal communication skills, and remedial studies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>maintain an emphasis on the development of academic skills, regardless of student career objectives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>provide technical assistance and training to staff from other schools and local education agencies within the State who wish to replicate community education employment center capabilities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>seek to utilize community organizations to provide sup-port for educational activities and services to parents and students; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>offer school-to-work transition services.</content> </paragraph> </section> <section> <num value="365">“SEC. 365. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396c">20 USC 2396c</ref>.</p></sidenote> <heading class="inline">SUPPORT SERVICES REQUIREMENTS.</heading> <chapeau>“Each eligible recipient receiving a grant under this part shall establish in each community education employment center a sup-port system to coordinate services for students, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">a comprehensive program of confidential guidance counseling, providing—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>guidance for career and personal decision-making and postsecondary institution placement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>mentoring and referral to appropriate social services; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>an accessible counseling service to help parents to focus on the enhancement of student education;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">an on-site job service office to offer students—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>career guidance, development, and employment counseling, which provides information about a broad range of occupations and alternative career paths;</content> </subparagraph> <page identifier="/us/stat/104/796">104 STAT. 796</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>labor market information, job development, career testing, and occupational placement services for part-time and summer employment, internships, cooperative programs, and part-time and full-time employment opportunities upon graduation; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>assistance in arranging part-time employment, so long as such employment does not adversely affect academic performance;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>assistance in arranging a summer program of work, education, or enrichment sessions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>to the extent possible, providing transportation to and from the community education employment center and part-time job sites; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>access to day care services for children of participating students.</content> </paragraph> </section> <section> <num value="366">“SEC. 366. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396d">20 USC 2396d</ref>.</p></sidenote> <heading class="inline">PARENTAL AND COMMUNITY PARTICIPATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Each eligible recipient receiving a grant under this part shall employ a parent/community coordinator to provide for the active and informed participation of parents and appropriate community representatives in each community education employment center by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>encouraging parents and students to make informed decisions in reviewing and selecting the choice of community education employment center programs for their children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">conducting regular parent seminars to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>inform parents about community education employment center operations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>obtain parent input; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>disseminate information on how parents can encourage student performance;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>providing the parents of each student with a regular opportunity to meet with counselors, teachers, and the student to discuss student progress, plans, and needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>providing a range of roles in which parents may work with students at home or as class assistants or volunteer coordinators;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau>establishing an advisory Council of Advisors (in this part referred to as the ‘Council’) consisting of 1 individual representing each of the following entities:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the local educational agency;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the State council on vocational education and the State agency responsible for secondary vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the student body ;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the local teacher organization;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>guidance counselors;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>community-based organizations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>parents; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>the appropriate private industry council.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Functions of the Council</inline>.—</heading> <chapeau>The Council shall provide recommendations to, and work with, eligible recipients to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>establish annual community education employment center priorities, programs, and procedures;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>establish student selection criteria to ensure that all students in the school district have an equal opportunity to attend the community education employment center and that <page identifier="/us/stat/104/797">104 STAT. 797</page>participants will be representative of the secondary school population in the school district;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>promulgate a student code of conduct that shall be developed in consultation with the students and teachers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>assist in the selection of the community education employment center principal, administrators, department chairpersons, and teachers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>assist in the selection and application of assessment tools for continuous evaluation of student learning progress;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>make recommendations for the selection of curriculum textbooks, software, and other learning resources and equipment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>make recommendations regarding the coordination of activities assisted under this part with activities assisted under the Job Training Partnership Act and school to work transitions.</content> </paragraph> </subsection> </section> <section> <num value="367">“Sec. 367. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396e">20 USC 2396e</ref>.</p></sidenote> <heading class="inline">PROFESSIONAL STAFF.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Each eligible recipient receiving a grant under this part shall only employ professional staff who demonstrate the highest of academic, teaching, guidance, or administrative standards.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Teachers</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Each eligible recipient receiving a grant under this part shall ensure that community education employment center teachers receive in-service training at least annually in techniques, procedures and policies relevant to the community education employment center.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each eligible recipient receiving a grant under this part shall employ a sufficient number of full-time certified or licensed guidance and career counselors to assist, enhance and monitor student progress.</content> </paragraph> </subsection> </section> <section> <num value="368">“SEC. 368. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396f">20 USC 2396f</ref>.</p></sidenote> <heading class="inline">ELIGIBILITY.</heading> <chapeau>“An eligible recipient shall be eligible to receive a grant under this part if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the eligible recipient is located in or serves 1 or more local educational agencies that are eligible for assistance under section 1006 of the Elementary and Secondary Education Act of 1965; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the eligible recipient demonstrates that it will serve a student population which is predominantly educationally and economically disadvantaged.</content> </paragraph> </section> <section> <num value="369">“SEC. 369. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396g">20 USC 2396g</ref>.</p></sidenote> <heading class="inline">APPLICATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Application Required</inline>.—</heading> <content>Each eligible recipient desiring to participate in the demonstration grant program authorized by this part shall prepare and submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may require.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Contents of Application</inline>.—</heading> <chapeau>Each application submitted pursuant to subsection (a) shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>demonstrate that the area where the center is to be located has a high concentration of children from low-income families, relative to the county and State as a whole;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>describe the activities and services for which assistance is sought;</content> </paragraph> <page identifier="/us/stat/104/798">104 STAT. 798</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>provide assurances that the eligible recipient will comply with the provisions of sections 364, 365, 366, 367, and 368;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>contain assurances that the State and local educational agency will, in any fiscal year, at least supply the same fiscal effort per student with respect to the free provision of public education to community education employment center students as such local educational agency provides for students attending secondary schools in such local educational agency;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>utilize funding available from appropriate employment, training, and education programs in the State;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>contain assurances that the community education employment center will coordinate the operations of such center to help meet local economic needs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>provide such additional assurances as the Secretary may reasonably require.</content> </paragraph> </subsection> </section> <section> <num value="370">“SEC. 370. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396h">20 USC 2396h</ref>.</p></sidenote> <heading class="inline">EVALUATION AND REPORT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Local Evaluation</inline>.—</heading> <chapeau>Each community education employment center shall submit annually to the Secretary a comprehensive and continuous evaluation of student learning progress, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>academic and vocational competencies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>dropout rates;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>information concerning employment and earnings while the students are attending a community education employment center and upon the graduation of such students from such center;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>information concerning student attendance at postsecondary institutions or student enlistment into military service upon the graduation of such students from the community employment education center; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>parental, student and community participation in the activities of the community employment education center.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Report</inline>.—</heading> <content>The Secretary shall report to the Congress on the evaluations submitted pursuant to subsection (a) not later than October 1, 1995.</content> </subsection> </section> <section> <num value="371">“SEC. 371. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396i">20 USC 2396i</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>“As used in this part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘eligible recipient’ means a secondary school or an area vocational school; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the term ‘parent’ includes a legal guardian or other person standing in loco parentis.</content> </paragraph> </section> </subpart> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">Vocational Education Lighthouse Schools</heading> <section> <num value="375">“SEC. 375. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2396m">20 USC 2396m</ref>.</p></sidenote> <heading class="inline">VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <content>The Secretary is authorized to make grants to secondary schools and area vocational education schools to enable such schools to establish and operate vocational education lighthouse schools.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau>Grants awarded under this section shall be used to establish vocational education lighthouse schools which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">serve as a model vocational education program—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to provide each student with knowledge of, and experience in, all aspects of the industry or enterprise the student is preparing to enter;</content> </subparagraph> <page identifier="/us/stat/104/799">104 STAT. 799</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to provide each student with basic and higher order skills and develop the student’s problem-solving abilities in a vocational setting;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>to offer exceptionally high-quality programs for dis-advantaged and minority students;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>to provide the special services and modifications necessary to help individual students successfully complete the program;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>which is planned, developed and implemented with the participation of staff, local employers and local community; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>which offers a full range of programs, including comprehensive career guidance and counseling, for students who plan to seek employment upon graduation or who will enroll in a 2- or 4-year college;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">provide information and assistance to other grant recipients, vocational programs, vocational education personnel, parents, students, other educators, community members and community organizations throughout the State regarding—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>curriculum materials;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>curriculum development, especially the integration of vocational and academic education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>in-service and preservice staff development, training, and assistance, through off-site activities and through a range of short-term and long-term opportunities to participate in activities at the demonstration site;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>opportunities to systematically observe the model program; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>technical assistance and staff development, as appropriate;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>use funds received under this section, together with funds from non-Federal sources, to develop and implement model programs containing the elements described in paragraph (1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>develop comprehensive linkages with other local schools, community colleges, 4-year colleges, private vocational schools, community-based organizations, labor unions, employers, and other business groups, as appropriate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">develop and disseminate model approaches—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for meeting the education training needs and career counseling needs of minority students, disadvantaged students, students with handicaps, and students of limited English proficiency; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to reduce and eliminate sex bias and stereotyping.”.</content> </subparagraph> </paragraph> </subsection> </section> </subpart> </part> </quotedContent> </content> </section> <section> <num value="311">SEC. 311. </num> <heading class="inline">VOCATIONAL EDUCATION OPPORTUNITIES FOR INDIANS AND ALASKA NATIVES.</heading> <content>Title III of the Act (as amended by sections 308, 309 and 310 of this Act) (20 U.S.C. 2351) is further amended by adding at the end the following new part: <quotedContent> <part> <num value="H">“PART H—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Tribally Controlled</p><p class="indent0 firstIndent0 fontsize8">Vocational Institutions Support Act of 1990.</p><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397">20 USC 2397 note</ref>.</p></sidenote> <heading class="inline">TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS</heading> <section> <num value="381">“SEC. 381. </num> <heading class="inline">SHORT TITLE.</heading> <content>“This part may be cited as the ‘<shortTitle role="part">Tribally Controlled Vocational Institutions Support Act of 1990</shortTitle>’.</content> </section> <page identifier="/us/stat/104/800">104 STAT. 800</page> <section> <num value="382">“SEC. 382. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397">20 USC 2397</ref>.</p></sidenote> <heading class="inline">PURPOSE.</heading> <content>“It is the purpose of this part to provide grants for the operation and improvement of tribally controlled postsecondary vocational institutions to ensure continued and expanded educational opportunities for Indian students, and to allow for the improvement and expansion of the physical resources of such institutions.</content> </section> <section> <num value="383">“SEC. 383. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397a">20 USC 2397a</ref>.</p></sidenote> <heading class="inline">GRANTS AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>The Secretary shall, subject to the availability of appropriations, make grants pursuant to this section to tribally controlled postsecondary vocational institutions to provide basic support for the education and training of Indian students.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Use of Grants</inline>.—</heading> <chapeau>Amounts made available under grants made pursuant to this section may be used for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>training costs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>educational costs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>equipment costs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>administrative costs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>costs of operation and maintenance of the institution.</content> </paragraph> </subsection> </section> <section> <num value="384">“Sec. 384. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397b">20 USC 2397b</ref>.</p></sidenote> <heading class="inline">ELIGIBLE GRANT RECIPIENTS.</heading> <chapeau>“To be eligible for assistance under this part a tribally controlled postsecondary vocational institution shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>be governed by a board of directors or trustees, a majority of whom are Indians;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>demonstrate adherence to stated goals, a philosophy or a plan of operation which fosters individual Indian economic and self-sufficiency opportunity, including programs which are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>have been in operation for at least 3 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>hold accreditation with or be a candidate for accreditation by a nationally recognized accrediting authority for post-secondary vocational education; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>enroll the full-time equivalency of not less than 100 students, of whom a majority are Indians.</content> </paragraph> </section> <section> <num value="385">“SEC. 385. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397c">20 USC 2397c</ref>.</p></sidenote> <heading class="inline">GRANTS TO TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Applications</inline>.—</heading> <content class="inline">Any tribally controlled postsecondary vocational institution that desires to receive a grant under this part shall submit an application to the Secretary. Such application shall include a description of recordkeeping procedures for the expenditure of funds received under this part which will allow the Secretary to audit and monitor programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Initial Grants</inline>.—</heading> <content>In the first year for which amounts are appropriated to carry out this part, the number of grants issued shall be not less than 2.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <content>In making grants pursuant to this part, the Secretary shall, to the extent practicable, consult with the boards of trustees and the tribal governments chartering the institutions being considered.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>Amounts made available under grants made pursuant to this part shall not be used in connection with religious worship or sectarian instruction.</content> </subsection> </section> <page identifier="/us/stat/104/801">104 STAT. 801</page> <section> <num value="386">“SEC. 386. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397d">20 USC 2397d</ref>.</p></sidenote> <heading class="inline">AMOUNT OF GRANTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Allowable Expenses</inline>.—</heading> <chapeau>Except as provided in subsection (d), the Secretary shall, subject to the availability of appropriations, provide for each program year to each tribally controlled vocational institution having an application approved by the Secretary, an amount necessary to pay expenses associated with—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the maintenance and operation of the program, including development costs, costs of basic and special instruction (including special programs for individuals with handicaps and academic instruction), materials, student costs, administrative expenses, boarding costs, transportation, student services, day care and family support programs for students and their families (including contributions to the costs of education for dependents);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>capital expenditures, including operations and maintenance and minor improvements and repair, physical plant maintenance costs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>costs associated with repair, upkeep, replacement, and upgrading of the instructional equipment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Payments</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For each fiscal year, the Secretary shall provide amounts to institutions that are approved for grants under section 385 in 2 payments.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The first payment shall be made before the end of the 30-day period beginning on the date of the enactment of an Act providing appropriations for such fiscal year for purposes of carrying out this part. Except as provided in subparagraph (B), such payment shall be in an amount that is equal to at least 50 percent of the amount determined to be required under subsection (a) for the preceding year.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In the first year that an institution receives a grant under this part, the Secretary shall determine the amount of the first payment by estimating the costs described in subsection (a) based upon information submitted by the institution.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Each institution that receives a grant under section 385 shall receive a final payment of amounts to which it is entitled based on its costs under subsection (a) not later than January 1 of the fiscal year in which the costs are incurred.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Accounting</inline>.—</heading> <content>Each institution receiving payments under this part shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may reasonably require.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Additional Grants Authorized</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">After providing grants to all eligible institutions under subsection (a), the Secretary shall, from any amounts remaining—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">first allocate to institutions receiving their first grant under this part an amount equal to the training equipment costs necessary to implement training programs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">from any remaining funds, review training equipment needs at each institution receiving assistance under this part at the end of the 5-year period beginning on the first day of the first year for which the institution received a grant under this part, and provide allocations for other training equipment needs if it is demonstrated by the institution that its training equipment has become obsolete for its purposes, or that the development of other training programs is appropriate.</content> </subparagraph> </paragraph> <page identifier="/us/stat/104/802">104 STAT. 802</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For the purposes of carrying out this subsection, the Secretary may require from each institution the submission of such information relating to the feasibility of such training programs as is reasonable and practical.</content> </paragraph> </subsection> </section> <section> <num value="387">“SEC. 387. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397e">20 USC 2397e</ref>.</p></sidenote> <heading class="inline">EFFECT ON OTHER PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Except as specifically provided in this Act, eligibility for assistance under this part shall not preclude any tribally controlled postsecondary vocational institution from receiving Federal financial assistance under any program authorized under the Higher Education Act of 1965 or any other applicable program for the benefit of institutions of higher education or vocational education.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Prohibition on Alteration of Grant Amount</inline>.—</heading> <content>The amount of any grant for which tribally controlled postsecondary vocational institutions are eligible under this part shall not be altered because of funds allocated to any such institution from funds appropriated under the Act of November 2, 1921.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Prohibition on Contract Denial</inline>.—</heading> <content>No tribally controlled postsecondary vocational institution for which an Indian tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under the Act of November 2, 1921, may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.</content> </subsection> </section> <section> <num value="388">“Sec. 388. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397f">20 USC 2397f</ref>.</p></sidenote> <heading class="inline">GRANT ADJUSTMENTS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Allocation</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If the sums appropriated for any fiscal year for grants under this part are not sufficient to pay in full the total amount which approved applicants are eligible to receive under this part for such fiscal year, the Secretary shall first allocate to each such applicant which received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicant’s Indian student count for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from inflationary increases to necessary costs beyond the institution’s control.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of paragraph (1), the per capita payment for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled postsecondary vocational institutions under this part for such program year by the sum of the Indian student counts of such institutions for such program year. The Secretary shall, on the basis of the most accurate data available from the institutions, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this part.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Needs Estimate</inline>.—</heading> <content>The Secretary shall, based on the most accurate data available from the institutions and Indian tribes whose Indian students are served under this part, in consideration of employment needs, economic development needs, population training needs, prepare an actual budget needs estimate for each institution eligible under this part for each subsequent program year, and submit such budget needs estimate to the Congress in such a timely manner as will enable the appropriate committees of the <page identifier="/us/stat/104/803">104 STAT. 803</page>Congress to consider such needs data for purposes of the uninterrupted flow of adequate appropriations to such institutions.</content> </subsection> </section> <section> <num value="389">“SEC. 389. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397g">20 USC 2397g</ref>.</p></sidenote> <heading class="inline">REPORT ON FACILITIES AND FACILITIES IMPROVEMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Study of Training and Housing Needs</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall conduct a detailed study of the training and housing needs of each institution eligible under this part.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The study required by paragraph (1) shall include an examination of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>training equipment needs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>housing needs of families whose heads of household are students and whose dependents have no alternate source of support while such heads of household are students.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary shall report to the Congress not later than July 1, 1991, on the results of the study required by paragraph (1).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">The report required by paragraph (3) shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>include the number, type, and cost of meeting the needs described in paragraph (2); and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>rank each institution by relative need.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>In conducting the study required by paragraph (1), the Secretary shall give priority to institutions which are receiving assistance under this part.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Long-Term Study of Facilities</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall provide for the conduct of a long-term study of facilities of each institution eligible for assistance under this part.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The study required by paragraph (1) shall include a 5-year projection of training facilities and equipment and housing needs and shall consider such factors as projected service population, employment and economic development forecasting, based on the most current and accurate data available from the institutions and Indian tribes affected.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary shall submit to the Congress a detailed report on the results of such study not later than the end of the 18-month period beginning on the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Secretary shall submit to the Congress a progress report not less often than once every 6 months, beginning on the date of the enactment of this Act, concerning activities conducted pursuant to this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Construction and Renovation Grants</inline>.—</heading> <content>Pursuant to the studies conducted and the report submitted under subsections (a) and (b), the Secretary is authorized to make grants to the tribally controlled vocational institutions for construction, rehabilitation, major alterations and renovation of buildings and other physical structures for the conduct of programs funded under this part. Such grants shall be made in such time and pursuant to such applications as the Secretary shall by regulation determine.</content> </subsection> </section> <section> <num value="390">“SEC. 390. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2397h">20 USC 2397h</ref>.</p></sidenote> <heading class="inline">DEFINITIONS.</heading> <chapeau>“For the purposes of this part:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The terms ‘Indian’ and ‘Indian tribe’ have the meaning given such terms in section 2 of the Tribally Controlled Community College Assistance Act of 1978.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘tribally controlled postsecondary vocational institution’ means an institution of higher education which is formally controlled, or has been formally sanctioned or chartered by the governing body of an Indian tribe or tribes which offers technical degrees or certificate granting programs.</content> </paragraph> <page identifier="/us/stat/104/804">104 STAT. 804</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The term ‘Indian student count’ means a number equal to the total number of Indian students enrolled in each tribally controlled vocational institution, determined as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>The registrations of Indian students as in effect on October 1 of each year.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Credits or clock hours toward a certificate earned in classes offered during a summer term shall be counted toward the computation of the Indian student count in the succeeding fall term.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Credits or clock hours toward a certificate earned in classes during a summer term shall be counted toward the computation of the Indian student count if the institution at which the student is in attendance has established criteria for the admission of such student on the basis of the student’s ability to benefit from the education or training offered. The institution shall be presumed to have established such criteria if the admission procedures for such studies include counseling or testing that measures the student’s aptitude to successfully complete the course in which the student has enrolled. No credit earned by such student for purposes of obtaining a high school degree or its equivalent shall be counted toward the computation of the Indian student count.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>Indian students earning credits in any continuing education program of a tribally controlled vocational institution shall be included in determining the sum of all credit or clock hours.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>Credits or clock hours earned in a continuing education program shall be converted to the basis that is in accordance with the institution’s system for providing credit for participation in such programs.”.</content> </subparagraph> </paragraph> </section> </part> </quotedContent> </content> </section> <section> <num value="312">SEC. 312. </num> <heading class="inline">TRIBAL ECONOMIC DEVELOPMENT.</heading> <content>The Tribally Controlled Community College Assistance Act of 1978 is amended by adding at the end the following new title: <quotedContent> <title> <num value="IV">“TITLE IV—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Tribal Economic Development and Technology Related Education Assistance Act of 1990.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t25/s1801">25 USC 1801 note</ref>.</p></sidenote> <heading class="inline">TRIBAL ECONOMIC DEVELOPMENT</heading> <section> <num value="401">“SEC. 401. </num> <heading class="inline">SHORT TITLE.</heading> <content>“This title may be cited as the ‘<shortTitle role="title">Tribal Economic Development and Technology Related Education Assistance Act of 1990</shortTitle>’.</content> </section> <section> <num value="402">“SEC. 402. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t25/s1851">25 USC 1851</ref>.</p></sidenote> <heading class="inline">GRANTS AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau>The Secretary is authorized, subject to the availability of appropriations, to make grants to tribally con-trolled community colleges which receive grants under either this Act or the Navajo Community College Act for the establishment and support of tribal economic development and education institutes. Each program conducted with assistance under a grant under this subsection shall include at least the following activities:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Determination of the economic development needs and potential of the Indian tribes involved in the program, including agriculture and natural resources needs.</content> </paragraph> <page identifier="/us/stat/104/805">104 STAT. 805</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Development of consistent courses of instruction to prepare postsecondary students, tribal officials and others to meet the needs defined under paragraph (1). The development of such courses may be coordinated with secondary institutions to the extent practicable.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The conduct of vocational courses, including administrative expenses and student support services.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Technical assistance and training to Federal, tribal and community officials and business managers and planners deemed necessary by the institution to enable full implementation of, and benefits to be derived from, the program developed under paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Clearinghouse activities encouraging the coordination of, and providing a point for the coordination of, all vocational activities (and academically related training) serving all students of the Indian tribe involved in the grant.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The evaluation of such grants and their effect on the needs developed under paragraph (1) and tribal economic self-sufficiency.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Amount and Duration</inline>.—</heading> <content>The grants shall be of such amount and duration as to afford the greatest opportunity for success and the generation of relevant data.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Applications</inline>.—</heading> <content>Institutions which receive funds under other titles of this Act or the Navajo Community College Act may apply for grants under this title either individually or as consortia. Each applicant shall act in cooperation with an Indian tribe or tribes in developing and implementing a grant under this part.</content> </subsection> </section> <section> <num value="403">“SEC. 403. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t/s1852">25 USC 1852</ref>.</p></sidenote> <heading class="inline">AUTHORIZATION OF APPROPRIATIONS.</heading> <content>“There are authorized to be appropriated for grants under this part $2,000,000 for the fiscal year 1991 and such sums as may be necessary for each of the 5 succeeding fiscal years.”.</content> </section>
SEC. 313. FACILITIES. Section 112 of the Tribally Controlled Community College Assistance Act of 1978 is amended—

25 USC 1812.

 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(c) (1) The Secretary shall enter into a contract with an organization

Contracts.

described in paragraph (2) to establish and provide on an annual basis criteria for the determination and prioritization in a consistent and equitable manner of the facilities construction and renovation needs of colleges that receive funding under this Act or the Navajo Community College Act. “(2) An organization described in this section is any organization that— “(A) is eligible to receive a contract under the Indian Self-Determination and Education Assistance Act; and “(B) has demonstrated expertise in areas and issues dealing with tribally controlled community colleges. “(3) The Secretary shall include the priority list established pursuant to this subsection in the budget submitted annually to the Congress.”.
104 STAT. 806 <num value="IV">TITLE IV—</num> <heading class="inline">NATIONAL PROGRAMS</heading> <section> <num value="401">SEC. 401 </num> <heading class="inline">RESEARCH AND DEVELOPMENT.</heading> <content>The heading for part A of title IV of the Act is amended to read as follows: <quotedContent> <part> <num value="A">“PART A—</num> <heading class="inline">RESEARCH AND DEVELOPMENT”.</heading> </part> </quotedContent> </content> </section> <section> <num value="402">SEC. 402. </num> <heading class="inline">RESEARCH OBJECTIVES.</heading> <chapeau>Section 401 of the Act (20 U.S.C. 2401) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (1), by striking “<quotedText>single parents or home-makers</quotedText>” and inserting “<quotedText>single parents, displaced homemakers, or single pregnant women</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after paragraph (1) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to authorize additional research and development activities that are related to the purposes of this Act as stated in section 2;”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section> <num value="403">SEC. 403. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2402">20 USC 2402</ref>.</p></sidenote> <heading class="inline">RESEARCH ACTIVITIES.</heading> <chapeau>Section 402 of the Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking “<quotedText>National Institute of Education or any other division of the Department of Education which the Secretary determines to be appropriate</quotedText>” and inserting “<quotedText>Office of Educational Research and Improvement</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in paragraph (1), by striking “<quotedText>individuals who are single parents or homemakers</quotedText>” and inserting “<quotedText>single parents, displaced homemakers, single pregnant women</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking paragraphs (5) and (6);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>by redesignating paragraph (4) as paragraph (6);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>by redesignating paragraph (7) as paragraph (8);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>by inserting after paragraph (1) the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>research on the development and implementation of performance standards and measures that fit within the needs of State boards or eligible recipients in carrying out the provisions of this Act and on the relationship of such standards and measures to the data system established under section 421, which may include evaluation of existing performance standards and measures and dissemination of such information to the State board and eligible recipients;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p><p class="indent0 firstIndent0 fontsize8">Children and youth.</p><p class="indent0 firstIndent0 fontsize8">Prisoners.</p></sidenote> <content>evaluation of the use of performance standards and measures under this Act and the effect of such standards and measures on the participation of students in vocational education programs and on the outcomes of students in such programs, especially students who are members of special populations;”;</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <chapeau class="inline">in paragraph (6) (as redesignated by subparagraph (D) of this section)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>by inserting “<quotedText>and more advanced</quotedText>” after “<quotedText>basic</quotedText>”; and</content> </clause> <page identifier="/us/stat/104/807">104 STAT. 807</page> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>by inserting “<quotedText>and problem-solving</quotedText>” after “<quotedText>academic</quotedText>”; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>by inserting after paragraph (6) (as redesignated by subparagraph (D) of this section) the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>successful methods for providing students, to the maxi-mum extent practicable, with experience in and understanding of all aspects of the industry such students are preparing to enter; and”;</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by amending subsection (b) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>In addition, the Secretary shall support meritorious, unsolicited research proposals from individual researchers, community colleges, State advisory councils, and State and local educators relating to the goals of this Act.”;</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by inserting after subsection (b) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Dissemination</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall establish a system for disseminating information resulting from research and development activities carried out under this Act. In establishing such system, the Secretary shall use existing dissemination systems, including the National Diffusion Network, the National Center or Centers for Research in Vocational Education, and the National Network for Curriculum Coordination in Vocational and Technical Education, in order to assure broad access at the State and local levels to the information being disseminated.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">In order to comply with paragraph (1), the Secretary shall <sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote>establish through grants or contracts a National Network for Curriculum Coordination in Vocational and Technical Education (in this paragraph referred to as the ‘Network’) consisting of 6 regional curriculum coordination centers. The Network shall—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">provide national dissemination of information on effective vocational education programs and materials, with particular attention to regional programs;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">be accessible by electronic means;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">provide leadership and technical assistance in the design, development, and dissemination of curricula for vocational education;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">coordinate the sharing of information among the States with respect to vocational education curricula;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content class="inline">reduce duplication of effort in State activities for the development of vocational education curricula; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content class="inline">promote the use of research findings with respect to vocational education curricula.</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Secretary shall encourage the designation by each State of a liaison representative for the Network.”;</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in paragraph (1) of subsection (e) (as redesignated in paragraph (3)) by striking “<quotedText>(1)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking paragraph (2) of subsection (e) (as redesignated in paragraph (3)).</content> </paragraph> </section> <section> <num value="404">SEC. 404. </num> <heading class="inline">NATIONAL ASSESSMENT.</heading> <content>Section 403 of the Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2403">20 USC 2403</ref>.</p></sidenote> <page identifier="/us/stat/104/808">104 STAT. 808</page> <quotedContent> <section> <num value="403">“SEC. 403. </num> <heading class="inline">NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION PRO-GRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="inline"> <num value="i">(1) </num> <content class="inline">The Office of Education Research and Improvement (in this section referred to as the ‘Office’) shall conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Office shall appoint an independent advisory panel, consisting of vocational education administrators, educators, researchers, and representatives of business, industry, labor, and other relevant groups, to advise the Office on the implementation of such assessment, including the issues to be addressed, the methodology of the studies, and the findings and recommendations. The panel, at its discretion, may submit to the Congress an independent analysis of the findings and recommendations of the assessment. The Federal Advisory Committee Act shall not apply to the panel established under this paragraph.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Contents</inline>.—</heading> <chapeau>The assessment required under subsection (a) shall include descriptions and evaluations of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the effect of this Act on State and tribal administration of vocational education programs and on local vocational education practices, including the capacity of State, tribal and local vocational education systems to address the priorities identified in this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>expenditures at the Federal, State, tribal and local levels to address program improvement in vocational education, including the impact of Federal allocation requirements (such as within-State allocation formulas) on the delivery of services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>preparation and qualifications of teachers of vocational and academic curricula in vocational education programs, as well as shortages of such teachers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>participation in vocational education programs, including, in particular, access of individuals who are members of special populations to high-quality vocational education programs and the effect on the delivery of services to such populations, of Federal legislation giving States flexibility in allocating funds to serve such populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">academic and employment outcomes of vocational education, including analyses of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the effect of educational reform on vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the extent and success of integration of academic and vocational curricula;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the success of the school-to-work transition; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the degree to which vocational training is relevant to subsequent employment;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>employer involvement in, and satisfaction with, vocational education programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>the effect of performance standards and other measures of accountability on the delivery of vocational education services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>the effect of Federal requirements regarding criteria for services to special populations, participatory planning in the States, and articulation between secondary and postsecondary programs;</content> </paragraph> <page identifier="/us/stat/104/809">104 STAT. 809</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>coordination of services under this Act, the Adult Education Act, the Job Training Partnership Act, the National Apprenticeship Act, the Rehabilitation Act of 1973, and the WagnerPeyser Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>the degree to which minority students are involved in vocational student organizations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives in the design and implementation of the assessment required under subsection (a).</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Secretary shall submit to the Congress—<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an interim report on or before January 1, 1994; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>a final report, summarizing all studies and analyses completed after the assessment, on or before July 1, 1994.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Notwithstanding any other provision of law or regulation, the reports required by this subsection shall not be subject to any review outside of the Office of Educational Research and Improvement before their transmittal to the Congress, but the President, the Secretary, and the independent advisory council established under subsection (a)(2) may make such additional recommendations to the Congress with respect to the assessment as they deem appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Study</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The assessment required by subsection (a) shall include a study of the distribution of Federal vocational education funds to the States. The study shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">consider the distributional effects of the formula for allocation to the States established in section 101(a)(2), including the age cohorts and the per capita income allotment ratios;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">examine the impact that various other factors such as State tax capacity, tax effort, per capita income, poverty and educational achievement, could have in achieving the Federal goals and policy objectives of this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">specifically address the appropriate distribution mechanism to serve the target populations of this Act; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">explore the use of other possible methods of targeting funds to individuals who are members of special populations, particularly individuals who are economically disadvantaged, including the poverty rate of the school-aged population, the gross State product per school-aged child, relative tax capacity, and tax effort of the State, unemployment figures, and dropout rates.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The findings of the study required by paragraph (1) shall be used to formulate recommendations on the most appropriate criteria and methods to direct Federal funds to the States and to achieve the Federal goals and policy objectives of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The study required under paragraph (1) shall be completed by January 1, 1994.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <num value="405">SEC. 405. </num> <heading class="inline">NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCATIONAL EDUCATION.</heading> <content>Section 404 of the Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2404">20 USC 2404</ref>.</p></sidenote> <quotedContent> <section> <num value="404">“SEC. 404. </num> <heading class="inline">NATIONAL CENTER OR CENTERS FOR RESEARCH IN VOCATIONAL EDUCATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In order to address the purposes of <sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p></sidenote>this Act through the involvement of a broad array of individuals, including both vocational and academic teachers and administra-<page identifier="/us/stat/104/810">104 STAT. 810</page>tors, the Secretary is authorized to award a grant or grants for the establishment of 1 or 2 national centers in the areas of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">applied research and development; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">dissemination and training.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Each entity selected to establish and operate a Center pursuant to paragraph (1) shall operate such Center for a period of 5 years.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Beginning after December 31, 1992, the Secretary shall award an annual grant to the National Center or Centers selected pursuant to paragraph (1) for each of the 5 years such National Center is operated. After the third year in which the National Center or Centers receive a grant under this section the Secretary shall review the research priorities of the National Center or Centers.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Of the amount available pursuant to section 451(a)(1) for purposes of carrying out this section, at least 2/3 of such amount shall be available for applied research and development.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Secretary shall hold a competition at the same point in time for the grant or grants for the activities described in paragraph (1). Any institution of higher education or consortium of such institutions may compete for either or both sets of activities.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>For the purpose of this section the term ‘institution of higher education’ has the same meaning as provided by section 435(b) of the Higher Education Act of 1965.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>If an institution or consortium demonstrates that it can effectively carry out both activities either directly or through contracting, such institution or consortium shall be given a preference in the grant selection. If no institution or consortium demonstrates such capability and 2 grants are awarded, the Secretary must assure coordination of the activities under both grants.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Not more than 10 percent of each year’s budget for the Center or for each of the Centers may be used to respond to field-initiated needs unanticipated prior to the annual funding period and which are in the mission of the Center but not part of the scope of work of the grant.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>The National Center in existence on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 shall continue to operate through its 5-year cycle ending December 31, 1992.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Activities</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The applied research and development activities shall include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">economic changes that affect the skills which employers seek and entrepreneurs need;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">integration of academic and vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">efficient and effective practices for addressing the needs of special populations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">efficient and effective methods for delivering vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">articulation of school and college instruction with high quality work experience;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">recruitment, education, and enhancement of vocational teachers and other professionals in the field;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">accountability processes in vocational education, to include identification and evaluation of the use of appropriate performance standards for student, program, and State-level outcomes;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content class="inline">effective practices that educate students in all aspects of the industry the students are preparing to enter,</content> </subparagraph> <page identifier="/us/stat/104/811">104 STAT. 811</page> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">effective methods for identifying and inculcating literacy and other communication skills essential for effective job preparation and job performance;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content class="inline">identification of strategic, high priority occupational skills and skills formation approaches needed to maintain the competitiveness of the United States workforce, sustain high-wage, high-technology jobs and which address national priorities such as technical jobs needed to protect and restore the environment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content class="inline">identification of practices and strategies that address entrepreneurial development for minority-owned enterprises; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="L">“(L) </num> <content class="inline">upon negotiation with the Center, and if funds are provided pursuant to subsection (d), such other topics as the Secretary may designate.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Center conducting the activities described in paragraph (1) shall annually prepare a study on the research conducted on approaches that lead to effective articulation for the education-to-work transition, including tech-prep programs, cooperative education or other work-based programs, such as innovative apprentice-ship or mentoring approaches, and shall submit copies of such study to the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, the Committee on Labor and Human Resources of the Senate, and the Committee on Education and Labor of the House of Representatives.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Dissemination and Training</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The dissemination and training activities shall include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">teacher and administrator training and leadership development;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">technical assistance to assure that programs serving special populations are effective in delivering well-integrated and appropriately articulated vocational and academic offerings for secondary, postsecondary, and adult students;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">needs assessment, design, and implementation of new and revised programs with related curriculum materials to facilitate vocational-academic integration;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">evaluation and follow-through to maintain and extend quality programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">assistance in technology transfer and articulation of program offerings from advanced technology centers to minority enterprises;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">assistance to programs and States on the use of account-ability indicators, including appropriate and innovative performance standards;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">delivery of information and services using advanced technology, where appropriate, to increase the effectiveness and efficiency of knowledge transfer;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content class="inline">development of processes for synthesis of research, in cooperation with a broad array of users, including vocational and non-vocational educators, employers and labor organizations;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">dissemination of exemplary curriculum and instructional materials, and development and publication of curriculum materials (in conjunction with vocational and non-vocational constituency groups, where appropriate);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content class="inline">technical assistance in recruiting, hiring, and advancing minorities in vocational education; and</content> </subparagraph> <page identifier="/us/stat/104/812">104 STAT. 812</page> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content class="inline">upon negotiation with the Center and if funds are provided pursuant to subsection (d), such other topics as the Secretary may designate.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Center conducting the activities described in paragraph (1) shall annually prepare a study on the dissemination and training activities described in paragraph (1) and shall submit copies of such study to the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, the Committee on Labor and Human Resources of the Senate, and the Committee on Education and Labor of the House of Representatives.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation authorization.</p></sidenote> <heading class="inline"><inline class="smallCaps">Authorization of Other Research</inline>.—</heading> <content>There are authorized to be appropriated $3,000,000 for the fiscal year 1991 and such sums as may be necessary for each of the fiscal years 1992, 1993, 1994, and 1995 to carry out such additional activities assigned by the Secretary to the National Center in existence on the date of enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 until the termination of its grant on December 31, 1992 and to carry out the provisions of subsections (b)(1)(L) and (c)(1)(K).”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="406">SEC. 406. </num> <heading class="inline">DEMONSTRATION PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Part B of title IV of the Act is amended to read as follows: <quotedContent> <part> <num value="B">“PART B—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Grants.</p></sidenote> <heading class="inline">DEMONSTRATION PROGRAMS</heading> <section> <num value="411">“SEC. 411. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2411">20 USC 2411</ref>.</p></sidenote> <heading class="inline">PROGRAMS AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>From amounts available pursuant to section 101(a)(1)(A) in each fiscal year, the Secretary shall make demonstration grants in accordance with the provisions of this part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <content>In awarding demonstration grants pursuant to this part, the Secretary shall give priority to the programs described in sections 412 and 413.</content> </subsection> </section> <section> <num value="412">“SEC. 412. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2412">20 USC 2412</ref>.</p></sidenote> <heading class="inline">MATERIALS DEVELOPMENT IN TELECOMMUNICATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>The Secretary is authorized to make grants to nonprofit educational telecommunications entities to pay the Federal share of the costs of the development, production, and distribution of instructional telecommunications materials and services for use in local vocational and technical educational schools and colleges.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Federal Share</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Federal share of the cost of each project assisted under this section shall be 50 percent.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The non-Federal share of the cost of each project assisted under this section shall be provided from non-Federal sources.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau>Grants awarded pursuant to this section may be used to provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a sequential course of study that includes either preproduced video courseware or direct interactive teaching delivered via satellite, accompanied by a variety of print and computer-based instructional materials;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the development of individual videocassettes or a series of videocassettes that supplement instruction, which shall be distributed both via broadcast and nonbroadcast means;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>videodiscs that produce simulated hands-on training; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>teacher training programs for vocational educators and administrators and correctional educators.</content> </paragraph> </subsection> <page identifier="/us/stat/104/813">104 STAT. 813</page> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <chapeau>In awarding grants under this section the Secretary shall give priority to programs or projects which serve—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>students in area vocational and technical schools;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>teachers, administrators, and counselors in need of training or retraining;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>out-of-school adults in need of basic skills improvement or a high school equivalency diploma to improve the employability of such individuals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>college students, particularly college students who are working toward a 2-year associate degree from a technical or community college;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>workers in need of basic skills, vocational instruction, or career counseling to retain employment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>workers who need to improve their skills to obtain jobs in high-growth industries.</content> </paragraph> </subsection> </section> <section> <num value="413">“SEC. 413. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2413">20 USC 2413</ref>.</p></sidenote> <heading class="inline">DEMONSTRATION CENTERS FOR THE TRAINING OF DIS-LOCATED WORKERS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>The Secretary is authorized to establish 1 or more demonstration centers for the retraining of dislocated workers. Such center or centers may provide for the recruitment of unemployed workers, vocational evaluation, assessment and counseling services, vocational and technical training, support services, and job placement assistance. The design and operation of each center shall provide for the utilization of appropriate existing Federal, State, and local programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Evaluation</inline>.—</heading> <content>The Secretary shall provide for the evaluation of each center established under subsection (a).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Dissemination of Information</inline>.—</heading> <content>The Secretary shall disseminate information on successful retraining models developed by any center established under subsection (a) through dissemination programs operated by the Secretary and the Secretary of Labor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Eligible Organizations</inline>.—</heading> <content>Any private, nonprofit organization that is eligible to receive funding under the Job Training Partnership Act is eligible to receive funding under this section.</content> </subsection> </section> <section> <num value="414">“SEC. 414. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2414">20 USC 2414</ref>.</p></sidenote> <heading class="inline">PROFESSIONAL DEVELOPMENT.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Training and Study Grants</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary is authorized to provide grants to institutions of higher education, State educational agencies, or State correctional education agencies to provide grants, awards, or stipends—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to individuals who are entering the field of vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for graduate training in vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">for vocational teacher education; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">for attracting gifted and talented students in vocational programs into further study and professional development.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Grants, awards, and stipends awarded under paragraph (1) shall provide—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>opportunities for experienced vocational educators;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">opportunities for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>certified teachers who have been trained to teach in <sidenote><p class="indent0 firstIndent0 fontsize8">Minorities.</p></sidenote>other fields to become vocational educators, including teachers with skills related to vocational fields who can be trained as vocational educators, and especially minority instructors and instructors with experience in teaching individuals who are economically disadvantaged, individ-<page identifier="/us/stat/104/814">104 STAT. 814</page>uals with handicaps, students of limited English proficiency, and adult and juvenile criminal offenders;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>individuals in industry who have skills and experience in vocational fields to be trained as vocational educators; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>vocational educators to improve or maintain techno-logical currency in their fields; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>opportunities for gifted and talented vocational education secondary and postsecondary students to intern with Federal or State agencies, nationally recognized vocational education associations and student organizations or the National Center or Centers for Research in Vocational Education.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Leadership Development Awards</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In order to meet the needs of all States for qualified vocational education leaders (such as administrators, supervisors, teacher educators, researchers, career guidance and vocational counseling personnel, vocational student organization leadership personnel and teachers in vocational education programs), the Secretary shall make grants to institutions of higher education for leadership development awards. Individuals selected for such awards shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">have not less than 3 years of experience in vocational education or in industrial training, or, in the case of researchers, experience in social science research which is applicable to vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">are currently employed or are reasonably assured of employment in vocational education and have successfully completed at least a baccalaureate degree program;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">are recommended by their employer, or others, as having leadership potential in the field of vocational education and have been accepted for admission as a graduate student in a program of higher education approved by the Secretary; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">have made a commitment to return to the field of vocational education upon completion of education provided through the leadership development award.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>For a period of not more than 3 years, stipends shall be paid to individuals selected for leadership development awards. Such stipends shall be paid (including allowances for tuition, nonrefundable fees, and other expenses for such individuals and their dependents) as may be determined to be consistent with prevailing practices.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary may provide grants to institutions for stipends to individuals, which shall not exceed $9,000 per individual per academic year or its equivalent and $3,000 per individual per summer session or its equivalent.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">The Secretary shall approve the application of the vocational education program of an institution of higher education for the purposes of this section only upon finding that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the institution offers a comprehensive program in vocational education with adequate supporting services and disciplines such as education administration, career guidance and vocational counseling, research, and curriculum development;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such program is designed to substantially advance the objective of improving vocational education through providing opportunities for graduate training of vocational teachers, supervisors, and administrators, and of university-level vocational education teacher educators and researchers; and</content> </subparagraph> <page identifier="/us/stat/104/815">104 STAT. 815</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>such programs are conducted by a school of graduate study in the institution of higher education.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The Secretary, in carrying out this subsection shall apportion leadership development awards to institutions of higher education equitably among the States, taking into account such factors as the State’s vocational education enrollments and the need for additional vocational education personnel in the State.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">Each individual who receives a leadership development award under this subsection shall receive payments as provided in paragraph (2) for not more than a 3-year period during which such individual is—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>pursuing a full-time course of study in vocational education in an approved institution of higher education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>maintaining satisfactory proficiency in such course of study; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>not engaged in gainful employment other than part-time employment by such institution in teaching, research, or similar activities.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Vocational Educator Training Fellowships</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The purpose of this subsection is to provide fellowships—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to meet the need to provide adequate numbers of teachers and related classroom instructors in vocational education who are technologically current in their fields;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">to take full advantage of the education which has been provided to already certified teachers who are unable to find employment in their fields of training and of individuals employed in industry who have skills and experience in vocational fields; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to encourage more instructors from minority groups and teachers with skills and experience with individuals of limited English proficiency to become vocational education teachers.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Secretary shall make available fellowships, in accordance <sidenote><p class="indent0 firstIndent0 fontsize8">Minorities.</p></sidenote>with the provisions of this subsection, to individuals (especially minority instructors and instructors with experience in teaching individuals who are economically disadvantaged, individuals with disabilities, students of limited English proficiency, and adult and juvenile criminal offenders) who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <clause class="inline"> <num value="i">(i)</num> <subclause class="inline"> <num value="I">(I) </num> <content class="inline">are employed in vocational education and need an opportunity to improve or maintain technological skills;</content> </subclause> <subclause class="indent0 firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">are certified by a State, or were so certified during the 10-year period preceding their application for a fellowship under this subsection, as teachers in secondary schools, area vocational education schools or institutes, or in community or junior colleges; and</content> </subclause> <subclause class="indent0 firstIndent1 fontsize10"> <num value="III">“(III) </num> <content class="inline">have skills and experiences in vocational fields so that such individuals can be trained to be vocational educators; or</content> </subclause> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>are employed in agriculture, business, or industry (and may or may not hold a baccalaureate degree) and have skills and experience in vocational fields for which there is a need for vocational educators;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>have been accepted in a program to become a vocational educator by an institution of higher education approved by the Secretary; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>have made a commitment to work in the field of vocational education upon completion of such program.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall, for a period of not more than 2 years, provide stipends to individuals who are awarded fellowships under <page identifier="/us/stat/104/816">104 STAT. 816</page>this subsection (including such allowances for tuition, nonrefundable fees, subsistence and other expenses for such individuals and the dependents of such individuals) as the Secretary may determine to be consistent with prevailing practices.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The Secretary shall approve an institution of higher education under this subsection if—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the institution offers a comprehensive program in vocational education with adequate supporting services and disciplines such as education administration, career guidance and vocational counseling, research and curriculum development; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such program is available to individuals receiving fellow-ships under this subsection so that such individuals receive the same quality of education and training provided for under-graduate students at such institution who are preparing to become vocational education teachers.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Secretary shall apportion the fellowships available under this subsection equitably among the States, taking into account such factors as the State’s vocational education enrollments, and the need in the State for additional vocational educators, especially minority educators and individuals with skills and experience in teaching individuals of limited English proficiency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">Individuals receiving fellowships under this subsection shall continue to receive payments provided in paragraph (2) only during such period as such individuals—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>are maintaining satisfactory proficiency;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>are devoting full time to study in the field of vocational education in an institution of higher education; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>are not engaging in gainful employment other than part-time employment by such institution.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The Secretary shall, before the beginning of each fiscal year for which amounts are appropriated or otherwise made available to carry out this subsection, publish a listing of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the areas of teaching in vocational education in need of additional personnel;</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the areas of teaching which will likely have need of additional personnel in the future; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">areas of teaching in which technological upgrading may be especially critical.</content></clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The listing required by subparagraph (A) shall be based on information from the National Occupational Information Coordinating Committee, State occupational information coordinating committees, the vocational education data system established pursuant to section 421, and other appropriate sources.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>In selecting recipients for fellowships under this subsection, the Secretary shall, to the maximum extent practicable, grant fellowships to individuals seeking to become teachers or improve their skills in the areas identified in the listing required by paragraph (6)(A).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Internships for Gifted and Talented Students</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The purpose of this subsection is to provide stipends for internships to meet the need of attracting gifted and talented vocational education students into further study and professional development in the field of vocational education.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Secretary shall, from recommendations provided by State directors of vocational education, select gifted and talented students from vocational education secondary and postsecondary <page identifier="/us/stat/104/817">104 STAT. 817</page>programs to work as interns for Federal and State agencies, nationally recognized vocational education associations, or the National Center or Centers for Research in Vocational Education. Each such student shall receive a stipend for the period of the student’s internship, which shall not exceed 9 months. Such stipend shall cover subsistence and other expenses for such individuals and shall be in such amount as the Secretary may determine to be consistent with prevailing practices.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Each individual selected under this paragraph shall have been recommended as gifted and talented by a vocational educator at the secondary or postsecondary school the student attends.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Each individual selected under this paragraph shall, during the period of such individual’s internship, be provided with professional supervision by an individual qualified and experienced in the field of vocational education at the agency or institution at which the internship is offered.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="415">“SEC. 415. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2415">20 USC 2415</ref>.</p></sidenote> <heading class="inline">BLUE RIBBON VOCATIONAL EDUCATION PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Information Dissemination</inline>.—</heading> <content>The Secretary is authorized to disseminate information and exemplary materials regarding effective vocational education.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Standards of Excellence</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary, in consultation with the National Center or Centers for Research in Vocational Education (in this section referred to as the ‘National Center or Centers for Research’), the National Diffusion Network, and the Blue Ribbon Schools Program, is authorized to carry out programs to recognize secondary and postsecondary schools or programs which have established standards of excellence in vocational education and which have demonstrated a high level of quality. Such schools and programs shall be known as ‘Blue Ribbon Vocational Programs’. The Secretary shall competitively select schools and programs to be recognized from among public and private schools or programs within the States and schools funded by the Department of the Interior.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In the case of a private school or vocational education program that is designated as a Blue Ribbon Vocational Education Program, the Secretary shall make suitable arrangements to provide the award to such school.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Awards</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary, in consultation with the National Center or Centers for Research and the National Occupational Information Coordinating Committee (in this section referred to as the ‘Committee’), is authorized to designate each fiscal year a category or several categories of vocational education, which may include tech-prep education, in which Blue Ribbon Vocational Education Program awards will be named. Such categories shall emphasize the expansion or strengthening of the participation of individuals who are members of special populations and may give special consideration to any of the following:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">program improvement;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">academic and occupational competencies; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">other categories determined by the Secretary in consultation with the National Center or Centers for Research and the Committee.</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Within each category, the Secretary shall determine the criteria and procedures for selection. Selection for such awards shall be based solely on merit. Schools or programs selected for awards <page identifier="/us/stat/104/818">104 STAT. 818</page>under this section shall not be required to be representative of the States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Consultation</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall carry out the provisions of this section, including the establishment of the selection procedures, after consultation with appropriate outside parties.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No award may be made under this section unless the local educational agency, area vocational education school, intermediate educational agency, tribal authority, Bureau of Indian Affairs, or appropriate State agency with jurisdiction over the school or program involved submits an application to the Secretary at such time, in such manner and containing such information as the Secretary may reasonably require.</content> </paragraph> </subsection> </section> <section> <num value="416">“SEC. 416. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2416">20 USC 2416</ref>.</p></sidenote> <heading class="inline">DEVELOPMENT OF BUSINESS AND EDUCATION STANDARDS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading ><content>The Congress finds that, in order to meet the needs of business for competent entry-level workers who have received a quality vocational education, national standards should be developed for competencies in industries and trades.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary, in consultation with the Secretary of Labor, is authorized to establish a program of grants to industrial trade associations, labor organizations, or com-parable national organizations for purposes of organizing and operating business-labor-education technical committees.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The committees established with assistance under this section shall propose national standards for competencies in industries and trades. Such standards shall at least include standards for—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>major divisions or specialty areas identified within occupations studied;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>minimum hours of study to be competent in such divisions or specialty areas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>minimum tools and equipment required in such divisions or specialty areas;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>minimum qualifications for instructional staff; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>minimum tasks to be included in any course of study purporting to prepare individuals for work in such divisions or specialty areas.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Matching Requirement</inline>.—</heading> <content>Each recipient of a grant under this section shall agree to provide for the committee to be established under the grant an amount equal to the amount provided under the grant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Application</inline>.—</heading> <content>Any industrial trade association, labor organization, national joint apprenticeship committee, or com-parable national organization that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.</content> </subsection> </section> <section> <num value="417">“SEC. 417. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2417">20 USC 2417</ref>.</p></sidenote> <heading class="inline">EDUCATIONAL PROGRAMS FOR FEDERAL CORRECTIONAL INSTITUTIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <content>The Secretary is authorized to make grants to Federal correctional institutions in consortia with educational institutions, community-based organizations of demonstrated effectiveness, or business and industry, to provide education and training for criminal offenders in such institutions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau>Grants awarded pursuant to this section may be used for—</chapeau> <page identifier="/us/stat/104/819">104 STAT. 819</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>basic education programs with an emphasis on literacy instruction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>vocational training programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>guidance and counseling programs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>supportive services for criminal offenders, with special emphasis on the coordination of educational services with agencies furnishing services to criminal offenders after such offenders are released from correctional institutions.</content> </paragraph> </subsection> </section> <section> <num value="418">“SEC. 418. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2418">20 USC 2418</ref>.</p></sidenote> <heading class="inline">DROPOUT PREVENTION.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <chapeau>The Secretary is authorized to make grants to partnerships between—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>local educational agencies or area vocational education schools; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>institutions of higher education or public or private nonprofit organizations which have an established record of vocational education strategies that prevent students from drop-ping out of school.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau>Grants awarded under this section shall be used to develop, implement, and operate vocational education programs designed to prevent students from dropping out of school. Such programs shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>serve special populations, including significant numbers of economically disadvantaged dropout-prone youth;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide in-service training for teachers and administrators in dropout prevention; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>disseminate information relating to successful dropout prevention strategies and programs through the National Drop-out Prevention Network and the Center on Adult, Career and Vocational Education of the Educational Resources Information Clearinghouse.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Priority</inline>.—</heading> <chapeau>In awarding grants under this section, the Secretary shall give priority to partnerships which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide the special support services necessary to help individual students successfully complete the program such as mentoring, basic skills education, and services which address barriers to learning; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>utilize measures to integrate basic and academic skills instruction with work experience and vocational education.</content> </paragraph> </subsection> </section> <section> <num value="419">“SEC. 419. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2419">20 USC 2419</ref>.</p></sidenote> <heading class="inline">MODEL PROGRAMS OF REGIONAL TRAINING FOR SKILLED TRADES.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <chapeau>The Secretary is authorized to make grants to regional model centers which provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>training for skilled tradesmen within a region serving several States, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>technical assistance for programs which train such tradesmen within a region serving several States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau>The regional model centers described in subsection (a) shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide training and career counseling for skilled trades-men in areas of skill shortages or projected skilled shortages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide prejob and apprenticeship training and career counseling in skilled trades;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>upgrade specialized craft training; and</content> </paragraph> <page identifier="/us/stat/104/820">104 STAT. 820</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Women.</p><p class="indent0 firstIndent0 fontsize8">Minorities.</p><p class="indent0 firstIndent0 fontsize8">Disadvantaged persons.</p><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p></sidenote> <content>improve the access of women, minorities, economically disadvantaged individuals, individuals with handicaps and ex--criminal offenders to trade occupations and training.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Special Rule</inline>.—</heading> <content>In awarding grants under this section, and to the extent practicable, the Secretary shall ensure an equitable distribution of funds available under this section to the various skilled trades.</content> </subsection> </section> <section> <num value="420">“SEC. 420. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2420">20 USC 2420</ref>.</p></sidenote> <heading class="inline">DEMONSTRATION PROJECTS FOR THE INTEGRATION OF VOCATIONAL AND ACADEMIC LEARNING.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <chapeau>The Secretary is authorized to make grants to institutions of higher education, area vocational education schools, local educational agencies, secondary schools funded by the Bureau of Indian Affairs, State boards, public or private nonprofit organizations, or any consortia thereof, to develop, implement and operate programs using different models of curricula which integrate vocational and academic learning by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>designing integrated curricula and courses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>providing in-service training for teachers and administrators in integrated curricula; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>disseminating information regarding effective integrative strategies to other school districts through the National Diffusion Network established under section 1562 of the Elementary and Secondary Education Act of 1965.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Requirements Relating to Grant Awards</inline>.—</heading> <chapeau>In awarding grants under this section, the Secretary shall ensure—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an equitable geographic distribution of funds awarded pursuant to this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>that programs supported under this section offer significantly different approaches to integrating curricula;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>that the programs supported under this section serve individuals who are members of special populations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">that programs supported under this section serve—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>vocational students in secondary schools and at post-secondary institutions;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>individuals enrolled in adult programs; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>single parents, displaced homemakers, and single pregnant women; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>that adequate evaluation measures will be employed to measure the effectiveness of the curriculum approaches sup-ported under this section.</content> </paragraph> </subsection> </section> <section> <num value="420A">“SEC. 420A. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2420a">20 USC 2420a</ref>.</p></sidenote> <heading class="inline">COOPERATIVE DEMONSTRATION PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Program Authorized</inline>.—</heading> <chapeau>The Secretary is authorized to carry out, directly or through grants to or contracts with State and local educational agencies, postsecondary educational institutions, institutions of higher education, and other public and private agencies, organizations, and institutions, programs and projects which support—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>model programs providing improved access to quality vocational education programs for those individuals described in section 521(31) of this Act and for men and women seeking non-traditional occupations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>examples of successful cooperation between the private sector and public agencies in vocational education, involving employers or consortia of employers or labor organizations and building trade councils, and State boards or eligible recipients <page identifier="/us/stat/104/821">104 STAT. 821</page>designed to demonstrate ways in which vocational education and the private sector of the economy can work together effectively to assist vocational education students to attain the advanced level of skills needed to make the transition from school to productive employment, including—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>work experience and apprenticeship programs;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>transitional worksite job training for vocational education students which is related to their occupational goals and closely linked to classroom and laboratory instruction provided by an eligible recipient;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>placement services in occupations which the students are preparing to enter;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>where practical, projects (such as the rehabilitation of public schools or housing in inner cities or economically depressed rural areas) that will benefit the public; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>employment-based learning programs;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>programs to overcome national skill shortages, as designated by the Secretary in cooperation with the Secretary of Labor, Secretary of Defense, and Secretary of Commerce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>model programs described in section 312(b)(1), including child growth and development centers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>grants to community-based organizations in partnerships with local schools, institutions of higher education, and businesses for programs and projects that assist disadvantaged youths in preparing for technical and professional health careers (which partnerships should include in-kind contributions from such schools, institutions, and businesses and involve health professionals serving as preceptors and counselors); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">model programs providing improved access to vocational education programs through centers to be known as agriculture action centers, which programs shall be operated under regulations<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> developed by the Secretary in consultation with the Secretary of Labor and—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">shall assist—<sidenote><p class="indent0 firstIndent0 fontsize8">Agriculture and agricultural commodities.</p><p class="indent0 firstIndent0 fontsize8">Rural areas.</p></sidenote></chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>individuals who are adversely affected by farm and rural economic downturns;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>individuals who are dislocated from farming; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>individuals who are dislocated from agriculturally-related businesses and industries that are adversely affected by farm and rural economic downturns;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">shall provide services, including—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>crisis management counseling and outreach counseling that would include members of the family of the affected individual;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>evaluation of vocational skills and counseling on enhancement of such skills;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>assistance in obtaining training in basic, remedial, and literacy skills;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>assistance in seeking employment and training <sidenote><p class="indent0 firstIndent0 fontsize8">Employment and unemployment.</p></sidenote>in employment-seeking skills; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>assistance in obtaining training related to operating a business or enterprise;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>shall provide for formal and on-the-job training to the extent practicable; and</content> </subparagraph> <page identifier="/us/stat/104/822">104 STAT. 822</page> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>shall be coordinated with activities and discretionary programs conducted under title III of the Job Training Partnership Act.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Projects described in clause (2) of subsection (a) may include institutional and on-the-job training, supportive services authorized by this Act, and such other necessary assistance as the Secretary determines to be necessary for the successful completion of the project.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Not less than 25 percent of the cost of the demonstration programs authorized by this subpart shall be provided by the recipient of the grant or contract, and such share may be in the form of cash or in-kind contributions, including facilities, overhead, personnel, and equipment fairly valued.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">All programs assisted under this section shall be—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>of direct service to individuals enrolled in such programs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>capable of wide replication by service providers.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Secretary shall disseminate the results of the programs and projects assisted under this section in a manner designed to improve the training of teachers, other instructional personnel, counsellors, and administrators who are needed to carry out the purposes of this Act.”.</content> </subsection> </section> </part> </quotedContent> </content> </subsection> </section> <section> <num value="407">SEC. 407. </num> <heading class="inline">DATA SYSTEMS AUTHORIZED.</heading> <content>Section 421 of the Act (20 U.S.C. 2421) is amended to read as follows: <quotedContent> <section> <num value="421">“SEC. 421. </num> <heading class="inline">DATA SYSTEMS AUTHORIZED.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Establishment of System</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall, directly, or by grant, contract or cooperative agreement, establish a vocational educational data system (in this section referred to as the ‘system’), using comparative information elements and uniform definitions, to the extent practicable.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall establish the system not later than the end of the 6-month period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The National Center for Education Statistics (in this section referred to as the ‘National Center’) shall coordinate the development and implementation of the system.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Functions of System</inline>.—</heading> <chapeau>Through the system, the Secretary shall collect data and analyze such data in order to provide—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Congress with information relevant to policymaking; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Federal, State, and local agencies and Tribal agencies with information relevant to program management, administration and effectiveness with respect to education and employment opportunities.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Contents of System</inline>.—</heading> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The system shall include information—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">describing the major elements of the vocational education system on at least a national basis, including information with respect to teachers, administrators, students, facilities, and, to the extent practicable, equipment; and</content></clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">describing the condition of vocational education with respect to the elements described in clause (i).</content> </clause> </subparagraph> <page identifier="/us/stat/104/823">104 STAT. 823</page> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">The information described in subparagraph (A) shall be provided, to the extent practicable, in the context of other educational data relating to the condition of the overall education system.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">The Secretary, in consultation with the Task Force, the National Center, and the Office of Adult and Vocational Education (in this section referred to as the ‘Office’), shall modify existing general purpose and program data systems to ensure that an appropriate vocational education component is included in the design, implementation and reporting of such systems in order to fulfill the information requirements of this section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The information system shall include data reflecting the extent of participation of the following populations:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>women;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Indians;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>individuals with handicaps;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>individuals of limited English proficiency;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>economically disadvantaged students (including information on students in rural and urban areas);</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>adults who are in need of training and retraining;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>single parents;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>youths incarcerated in juvenile detention or correctional facilities or criminal offenders who are serving time in correctional institutions;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>individuals who participate in programs designed to eliminate gender bias and sex stereotyping in vocational education;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">“(J) </num> <content>minorities; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">“(K) </num> <content>displaced homemakers.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary, in consultation with the National Center and the Office, shall maintain and update the system at least every 3 years and assure the system provides the highest quality statistics and is adequate to meet the information needs of this Act. In <sidenote><p class="indent0 firstIndent0 fontsize8">Handicapped persons.</p></sidenote>carrying out the requirements of this paragraph, the Secretary shall ensure that appropriate methodologies are used in assessments of students of limited English proficiency and students with handicaps to ensure valid and reliable comparisons with the general student population and across program areas. With respect to standardized tests and assessments administered under this Act, test results shall be used as 1 of multiple independent indicators in assessment of performance and achievement.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Assessment of International Competitiveness</inline>.—</heading> <content>The Center shall carry out an assessment of data availability and adequacy with respect to international competitiveness in vocational skills. To the extent practicable, the assessment shall include comparative policy-relevant data on vocational education in nations which are major trade partners of the United States. The assessment shall at a minimum identify available internationally comparative data on vocational education and options for obtaining and upgrading such data. The results of the assessment required by this paragraph shall be reported to the appropriate committees of <sidenote><p class="indent0 firstIndent0 fontsize8">Reports</p></sidenote>the Congress not later than August 31, 1994.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Use of and Compatibility With Other Data Collection Systems</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In establishing, maintaining, and updating the system, the Secretary shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>use existing data collection systems operated by the Secretary and, to the extent appropriate, data collection systems operated by other Federal agencies;</content></subparagraph> <page identifier="/us/stat/104/824">104 STAT. 824</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>conduct additional data collection efforts to augment the data collection systems described in subparagraph (A) by providing information necessary for policy analysis required by this section; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>use any independent data collection efforts that are complementary to the data collection efforts described in sub-paragraphs (A) and (B).</content></subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>In carrying out the responsibilities imposed by this part, the Secretary shall cooperate with the Secretary of Commerce, the Secretary of Labor, and the National Occupational Information Coordinating Committee established under section 422 with respect to the development of an information system under section 463 of the Job Training Partnership Act to ensure that the information system operated under this section is compatible with and complementary to other occupational supply and demand information systems developed or maintained with Federal assistance. The Secretary shall also ensure that the system allows international comparisons to the extent feasible.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary shall assure that the system, to the extent practicable, uses data definitions common to State plans, performance standards, local applications and evaluations required by this Act. The data in the system shall be available for use in preparing such plans, standards, applications, and evaluations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Reports</inline>.—</heading> <chapeau>The Secretary shall report to the Congress at least biennially with respect to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the performance of the system established under subsection (a); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>strategies to improve the system and expand its implementation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Vocational Education Advisory Task Force</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary, in consultation with the National Center and the Office shall establish a Vocational Education Advisory Task Force.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Termination date.</p></sidenote> <content>The Secretary shall establish the Task Force before the expiration of the 90-day period beginning on the date of the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, and shall terminate upon the expiration of the 2-year period beginning on such date.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Task Force shall advise the Secretary on the development and implementation of an information reporting and accounting system responsive to the diverse programs supported by this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The membership of the Task Force shall be representative of Federal, State, and local agencies and Tribal agencies affected by technological information, representatives of secondary and vocational postsecondary educational institutions, representatives of vocational student organizations, representatives of special populations, representatives of adult training programs funded under this Act, and representatives of apprenticeships, business, and industry.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The National Center shall provide the Task Force with staff for the purpose of carrying out its functions.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <heading class="inline"><inline class="smallCaps">Assessment of Educational Progress Activities</inline>.—</heading> <content>As a regular part of its assessments, the National Assessment of Educational Progress shall collect and report information for at least a nationally representative subsample of vocational education students, including students who are members of special populations, which shall allow for fair and accurate assessment and comparison of the educational achievement of vocational education students and <page identifier="/us/stat/104/825">104 STAT. 825</page>other students in the areas assessed. Such assessment may include international comparisons.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="408">SEC. 408. </num> <heading class="inline">NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Amendment to Heading</inline>.—</heading> <content>The heading for section 422 of the Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2422">20 USC 2422</ref>.</p></sidenote> <quotedContent> <heading class="centered">“<inline class="smallCaps">national occupational information coordinating committee”.</inline></heading> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendment to Text</inline>.—</heading> <chapeau>Section 422 of the Act is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in subsection (a)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">by inserting after “<quotedText>Coordinating Committee</quotedText>” the following: “<quotedText>(in this section referred to as the ‘Committee’)</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">by inserting after “<quotedText>Office of Bilingual Education and Minority Language Affairs,</quotedText>” the following: “<quotedText>the Assistant Secretary for Postsecondary Education,</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">by striking “<quotedText>(Manpower, Reserve Affairs, and Logistics)</quotedText>” and inserting “<quotedText>(Force Management and Personnel)</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content class="inline">in paragraph (2), by inserting before the semicolon the following: “<quotedText>, including regularly updated data on employment demand for agribusiness</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <chapeau class="inline">in paragraph (3)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">by striking “<quotedText>conduct studies on</quotedText>” and inserting the following: “<quotedText>conduct studies to improve the quality and delivery of occupational information systems to assist economic development activities, and examine</quotedText>”; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">by striking “<quotedText>and</quotedText>” at the end thereof;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content class="inline">by redesignating paragraph (4) as paragraph (6); and (G) by inserting after paragraph (3) the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>continue training, technical assistance activities to sup-port comprehensive career guidance, and vocational counseling programs designed to promote improved career decision-making by individuals (especially in areas of career information delivery and use);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>coordinate the efforts of Federal, State, and local agencies and Tribal agencies with respect to such programs; and”;</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Committee, in consultation with the National <sidenote><p class="indent0 firstIndent0 fontsize8">Wages.</p></sidenote>Center or Centers for Research in Vocational Education, appropriate <sidenote><p class="indent0 firstIndent0 fontsize8">Records.</p></sidenote>Federal agencies, and the States, shall establish a demonstration program to monitor educational outcomes for vocational education using wage and other records. The Committee shall develop procedures for establishing and maintaining nationally accessible information on a sample of wage and earning records maintained by States on earnings, establishment and industry affiliation and geographical location, and on educational activities. This information shall be collected on at least an annual basis. The program shall ensure that a scientific sample of vocational education students and nonvocational education students, local educational agencies, and States participate in the program. The Committee shall maintain, <sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote>analyze, and report data collected under the program and shall provide technical assistance to States, local educational agencies, and others that wish to participate in the study.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B)</num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">Participation in the program described in subparagraph (A) <sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote>shall be voluntary. The Committee shall enter into an agreement <page identifier="/us/stat/104/826">104 STAT. 826</page>with any State which desires to carry out a study for the State under this subsection. Each such agreement shall contain provisions designed to assure—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content class="inline">that the State will participate in the study;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content class="inline">that the State will pay from non-Federal sources the non-Federal share of participation; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="III">“(III) </num> <content class="inline">that the State agrees to the terms and conditions specified in this section.</content> </subclause> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">For each fiscal year, the non-Federal share for the purpose of this program shall be the cost of conducting the study in the State, including the cost of administering the assessment for the State sample and the cost of coordination within the State.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The program shall provide for an independent evaluation conducted by the Office of Technology Assessment of the Congress to assess the validity, fairness, accuracy, and utility of the data it produces. The report shall also describe the technical problems encountered and a description of what was learned about how to best implement and utilize data from the program.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The provision of wage and other records to the Committee by a State employment security agency shall be voluntary and pursuant to an agreement between the Committee and the agency. Such agreement shall take into consideration issues such as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>reimbursing the State employment security agency for the costs to the agency of providing the information; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>compliance with safeguards established by the State employment security agency and determined by the Secretary of Labor to be appropriate to ensure that the information disclosed to the Committee is used only for the purposes of this subsection.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Classified information.</p></sidenote> <content>The Executive Director of the Committee, in consultation with the Secretary, shall ensure that all personally identifiable information about students, their educational performance and their families and information with respect to individual schools shall remain confidential in accordance with the provisions of section 552 of title 5, United States Code. The data gathered under this subsection shall not be used to rank, compare, or otherwise evaluate individual students or individual schools. No individual may be included in the program without that individual’s written consent. At least once every 3 years the Secretary shall remind participants in writing of their inclusion in the program.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <chapeau class="inline">Of amounts reserved under section 451(a)(3)(A) to carry out the provisions of this section, the Committee shall use—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">to support State occupational information coordinating committees for the purpose of operating State occupational information systems and career information delivery systems, the greater of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an amount equal to the aggregate amount appropriated or otherwise made available for that purpose for the fiscal year 1990; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>an amount equal to 75 percent of the aggregate amount appropriated or otherwise made available to carry out this section; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">for purposes of carrying out subsection (c)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an amount equal to not less than 10 percent of the amounts available to carry out this section; or</content> </subparagraph> <page identifier="/us/stat/104/827">104 STAT. 827</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>if the amount remaining after carrying out paragraph (1) is insufficient to provide the amount described in subparagraph (A), such remaining amount.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="409">SEC. 409. </num> <heading class="inline">INFORMATION BASE FOR VOCATIONAL EDUCATION DATA SYSTEM.</heading> <content>Section 423 of the Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2423">20 USC 2423</ref>.</p></sidenote> <quotedContent> <section> <num value="423">“SEC. 423. </num> <heading class="inline">INFORMATION BASE FOR VOCATIONAL EDUCATION DATA SYSTEM.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Information Relating to Students With Handicaps</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall ensure that adequate information on access to vocational education by secondary school students with handicaps is maintained in the data system established under section 421.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The system shall include detailed information obtained through scientific sample surveys concerning—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>types of programs available; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">enrollment of students with handicaps by—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>type of program;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>type of instructional setting; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>type of handicap.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The General Accounting Office shall conduct a 3-year study, using representative samples, of the effects of the amendments made by title II of the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1990 on the access to and participation in vocational education of disadvantaged students, students with handicaps, students of limited English proficiency, and, to the extent practicable, foster children.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The study shall include consideration of issues such as—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the proportion of students described in paragraph (1) who are enrolled in vocational education programs during the first 3 program years to which the amendments made by the Carl D. Perkins Vocational and Applied Technology Education Amendments Act of 1990 apply compared to the program year preceding such years;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the number of such students who enroll in vocational education programs for the first time during the period of study;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the number of such students who participate in vocational education programs that lead to an occupational skill or job placement;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the extent to which academics are incorporated with vocational education courses;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>the manner in which vocational education programs have addressed special needs of such students for supportive services, material, and equipment;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vi">“(vi) </num> <content>the comparability of vocational education services provided to such students with vocational education services provided to students who are not members of special populations; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="vii">“(vii) </num> <chapeau class="inline">in the case of students with handicaps—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the types and severity of handicaps of such students who enroll in vocational education programs</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>the extent to which such students participate in the same vocational education programs as students who do not have handicaps;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="III">“(III) </num> <content>the number of such students with individualized education programs developed under section 614(a)(5) of the <page identifier="/us/stat/104/828">104 STAT. 828</page>Education of the Handicapped Act who have individualized education programs that include vocational education programs;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="IV">“(IV) </num> <content class="inline">the extent to which special personnel such as special education personnel or vocational rehabilitation personnel assist in the selection and provision of vocational education programs with respect to such students;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="V">“(V) </num> <content>the extent to which such students and their parents are involved in selecting vocational education courses and programs;</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="VI">“(VI) </num> <content>the number of such students who have returned to secondary vocational education programs after dropping out of or formally exiting the local educational system; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="VII">“(VII) </num> <content>the ages of such students.</content> </subclause> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In conducting the study required by this subsection, the General Accounting Office may consider and include information from other sources to address or augment the issues considered in the study.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The General Accounting Office shall submit to the appropriate committees of the Congress a report describing the results of the study conducted as required by this subsection not later than July 1, 1995.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Information Relating to Students Who Have Completed Secondary School</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">To carry out the provisions of this section, in accordance with the provisions of section 3 of the Technology Assessment Act of 1972, the Office of Technology Assessment shall conduct an assessment of a sample of tests designed to be administered to students who have completed secondary school to assess the level of technical knowledge relating to broad technical fields possessed by such students. The assessment shall include at least—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">an assessment of the quality, validity, reliability, and predictive capability of widely used vocational aptitude and competency tests and assessments, with particular attention to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the use of such assessments with respect to students who are members of special populations; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">patterns of actual usage with respect to entry into vocational education programs, promotion within such programs, completion of such programs, and placement in appropriate positions;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">identification of trends in such tests and assessments, including any relationship to vocational education curricula; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">identification of policy options for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">strengthening development and quality of such tests and assessments to ensure that such tests and assessments are conducted in an impartial manner that does not penalize students on the basis of race, sex, or economic back-ground; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">means of sustaining competition in the development of such tests and assessments.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>The results of the study required by paragraph (1) shall be reported to the appropriate committees of the Congress not later than September 30, 1994.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/104/829">104 STAT. 829</page> <section> <num value="410">SEC. 410. </num> <heading class="inline">MISCELLANEOUS PROVISIONS.</heading> <content>Part C of title IV of the Act is amended by adding at the end the following new section: <quotedContent> <section> <num value="424">“SEC. 424. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2424">20 USC 2424</ref>.</p></sidenote> <heading class="inline">MISCELLANEOUS PROVISIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Collection of Information at Reasonable Cost</inline>.—</heading> <content>The Secretary shall take such action as may be necessary to secure at reasonable cost the information required by this part. To ensure reasonable cost, the Secretary, in consultation with the Vocational Education Task Force, the National Center for Education Statistics, the Office of Vocational and Adult Education, and the National Occupational Information Coordinating Committee shall determine the methodology to be used and the frequency with which information is to be collected.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Cooperation of States</inline>.—</heading> <content>All States receiving assistance under this Act shall cooperate with the Secretary in implementing the information systems developed pursuant to this part.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="411">SEC. 411. </num> <heading class="inline">REPEAL OF NATIONAL COUNCIL ON VOCATIONAL EDUCATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Part D of title TV of the Act (20 U.S.C. 2431) is repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Clerical Amendment</inline>.—</heading> <content>The table of contents contained in section 1 of the Act (20 U.S.C. 2301 note) is amended by striking the items relating to part D and to section 431.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Effective Date</inline>.—</heading> <content>The amendments made by subsections (a) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2431">20 USC 2431 note</ref>.</p></sidenote>and (b) shall take effect on October 1, 1991.</content> </subsection> </section> <section> <num value="412">SEC. 412. </num> <heading class="inline">GENERAL PROVISIONS.</heading> <content>Section 451 of the Act is amended to read as follows:<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2451">20 USC 2451</ref>.</p></sidenote> <quotedContent> <section> <num value="451">“SEC. 451. </num> <heading class="inline">DISTRIBUTION OF ASSISTANCE.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Subject to the provisions of subsection (b) and section 504, of the amounts available pursuant to section 3(e)(1) for any fiscal year for this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>30 percent shall be available for part A, relating to research and development, of which 90 percent shall be available for section 404, relating to the National Center or Centers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>30 percent shall be available for part B, relating to demonstration programs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">40 percent shall be available for part C, relating to vocational education and occupational information data systems, of which not less than—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>22 percent of the total amount appropriated pursuant to the authority of section 3(e) shall be available to carry out section 422, relating to the National Occupational Information Coordinating Committee;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>8 percent shall be available to carry out the provisions of section 421, relating to data systems; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>10 percent shall be available to carry out the provisions of section 402(c), relating to the National Network for Curriculum Coordination.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Hold Harmless</inline>.—</heading> <content>Notwithstanding the provisions of subsection (a), the amounts available to carry out the activities described in subsection (a)(1) and in subsections (a)(3)(A) and (a)(3)(C) shall be at least equal to the amounts made available for such activities in the fiscal year 1990.”.</content> </subsection> </section> </quotedContent> </content> </section> 104 STAT. 830 <num value="V">TITLE V—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section> <num value="501">SEC. 501. </num> <heading class="inline">FEDERAL ADMINISTRATIVE PROVISIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2462/2464/2465">20 USC 2462, 2464, 2465</ref>.</p></sidenote> <heading class="inline"><inline class="smallCaps">Elimination of Matching Requirements and Transfer of State Provision</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Sections 502, 504, and 505 of the Act (20 U.S.C. 2462, 2465, 2466) are repealed.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Sections 503 and 506 of the Act (20 U.S.C. 2463, 2466), are redesignated as sections 502 and 503, respectively.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Maintenance of Effort</inline>.—</heading> <content>The first sentence of section 502(b) <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2463">20 USC 2463</ref>.</p></sidenote>of the Act (as redesignated by subsection (a)(2) of this section) is amended by inserting after “<quotedText>this section</quotedText>” the following: “<quotedContent>(with respect to not more than 5 percent of expenditures by any State educational agency)</quotedContent>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Additional Administrative Provisions</inline>.—</heading> <chapeau>Title V of the Act (20 U.S.C. 2461 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating part B as part C; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after section 503 the following: <quotedContent> <section> <num value="504">“Sec. 504. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2466a">20 USC 2466a</ref>.</p></sidenote> <heading class="inline">REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall convene regional meetings to obtain public involvement in the development of proposed regulations under the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. Such meetings shall include individuals and representatives of groups involved in vocational education programs under this Act, such as Federal, State, tribal and local administrators, parents, teachers, members of local boards of education and special populations.</content></paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>During each meeting described in paragraph (1), the Secretary shall provide for a comprehensive discussion and exchange of information on at least 4 key issues, selected by the Secretary, concerning implementation of the Carl D. Perkins Vocational and<sidenote><p class="indent0 firstIndent0 fontsize8">Federal Register, publication.</p></sidenote> Applied Technology Education Act Amendments of 1990. The Secretary shall take into account information received at such meetings in the development of proposed regulations, and shall publish a summary of such information in the Federal Register together with such proposed regulations.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Draft Regulations</inline>.—</heading> <content>After holding regional meetings and before publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations under this Act and submit regulations on at least 2 key issues to a negotiated rulemaking process. The Secretary shall follow the guidance provided in the Administrative Conference of the United States in Recommendation 82–4 and 85–5, ‘Procedures for Negotiating Proposed Regulations’ (1 C.F.R. 305.82–4 and 85–5) and any successor recommendation, regulation, or law. Participants in the negotiation process shall be chosen by the Secretary from among participants in the regional meetings, representing the groups described in subsection (a)(1) and all geographic regions. At least 10 participants, 1 from each of the regions served by a regional office established pursuant to section 416 of the Department of Education Organization Act, representing the groups described in subsection (a)(1), shall be chosen under the preceding sentence. The negotiation process shall be conducted in a timely manner in order that final regulations may be issued by the Secretary within the 240-day period required by section 431(g) of the General Education Provisions Act.</content> </subsection> <page identifier="/us/stat/104/831">104 STAT. 831</page> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Special Rule</inline>.—</heading> <content>If a regulation must be issued within a very limited time period to assist States and eligible recipients with the operation of a program under this Act, the Secretary may issue a regulation without fulfilling the requirements of subsections (a) and (b), but shall immediately convene regional meetings to review the regulation before such regulation is issued in final form.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Applicability of Federal Advisory Committee Act</inline>.—</heading> <content>The Federal Advisory Committee Act shall not apply to activities carried out under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Reservation of Amounts</inline>.—</heading> <content>For the fiscal year 1991, the Secretary may reserve for purposes of carrying out subsection (b) not more than $300,000 from amounts made available under section 3(e).</content> </subsection> </section> <section> <num value="505">“SEC. 505. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2466b">20 USC 2466b</ref>.</p></sidenote> <heading class="inline">REQUIREMENTS RELATING TO REPORTS, PLANS, AND REGULATIONS.</heading> <chapeau>“The General Accounting Office shall, upon the request of any Member of the Congress—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>investigate the circumstances of any failure by the Secretary to submit any report or research finding or issue any regulation required by this Act by the time specified in the provision of this Act requiring the submission of such report or research finding or issuance of such regulation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report containing the results of any investigation conducted pursuant to paragraph (1), including an identification of the cause of delay and of the office or offices of the Department of Education or of the Office of Management and Budget responsible for the delay.</content> </paragraph> </section> <section> <num value="506">“SEC. 506. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2466c">20 USC 2466c</ref>.</p></sidenote> <heading class="inline">FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.</heading> <content>“Nothing in this Act shall be construed to be inconsistent with appropriate Federal laws guaranteeing civil rights.</content> </section> <section> <num value="507">“SEC. 507. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2466d">20 USC 2466d</ref>.</p></sidenote> <heading class="inline">STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Attendance Costs Not Treated as Income or Resources</inline>.—</heading> <content>The portion of any student financial assistance received under this Act that is made available for attendance costs described in subsection (b) shall not be considered as income or resources in determining eligibility for assistance under any other program funded in whole or in part with Federal funds.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Attendance Costs</inline>.—</heading> <chapeau>The attendance costs described in this subsection are—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, mate-rials, or supplies required of all students in the same course of study; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an allowance for books, supplies, transportation, dependent care, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution.</content> </paragraph> </subsection> </section> <section> <num value="508">“SEC. 508. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2466e">20 USC 2466e</ref>.</p></sidenote> <heading class="inline">FEDERAL MONITORING.</heading> <chapeau>“The Secretary shall make every effort to provide adequate monitoring of compliance by recipients of assistance under this Act with the provisions of this Act. Such monitoring activities shall be devel-<page identifier="/us/stat/104/832">104 STAT. 832</page>oped by the Secretary in consultation with parents, students, and advocacy organizations, and shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>consider items such as whether the provisions of the State plan are being fully implemented;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>consider items such as whether the State board’s monitoring of local recipients of assistance under this Act is adequate to assure full compliance with the provisions of this Act by such recipients;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>consider items such as whether the State-level coordinators for individuals who are members of special populations are able to review the local plans for serving such individuals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>consider items such as whether the other State responsibilities under this Act are being implemented; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide for input from students, parents, teachers, and special populations in the States.</content> </paragraph> </section> <part> <num value="B">“PART B—</num> <heading class="inline">STATE ADMINISTRATIVE PROVISIONS</heading> <section> <num value="511">“SEC. 511. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468">20 USC 2468</ref>.</p></sidenote> <heading class="inline">JOINT FUNDING.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <chapeau>Funds made available to States under this Act may be used to provide additional funds under an applicable program if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>such program otherwise meets the requirements of this Act and the requirements of the applicable program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>such program serves the same individuals that are served under this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>such program provides services in a coordinated manner with services provided under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such funds would be used to supplement, and not sup-plant, funds provided from non-Federal sources.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Applicable Programs</inline>.—</heading> <chapeau>For the purposes of this section, the term ‘applicable program’ means any program under any of the following provisions of law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Section 123, title II, and title III of the Job Training Partnership Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The WagnerPeyser Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Issuance of Regulations</inline>.—</heading> <content>Notwithstanding the provisions of section 504, the Secretary shall develop regulations to be issued under this section in consultation with the Secretary of Labor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Use of Funds as Matching Funds</inline>.—</heading> <content>For the purposes of this section, the term ‘additional funds’ includes the use of funds as matching funds.</content> </subsection> </section> <section> <num value="512">“SEC. 512. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468a">20 USC 2468a</ref>.</p></sidenote> <heading class="inline">REVIEW OF REGULATIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Review Committee</inline>.—</heading> <chapeau>Except as provided in subsection (b), before any State publishes any proposed or final State rule or regulation pursuant to this Act, the State shall establish and convene a State Committee of Practitioners (in this section referred to as the ‘Committee’) for the purpose of reviewing such rule or regulation. The Committee shall be selected from nominees solicited from State organizations representing school administrators, teachers, parents, members of local boards of education, and appropriate representatives of institutions of higher education. The Committee shall consist of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>representatives of local educational agencies, who shall constitute a majority of the members of the Committee;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>school administrators;</content> </paragraph> <page identifier="/us/stat/104/833">104 STAT. 833</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>teachers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>parents;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>members of local boards of education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>representatives of institutions of higher education; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>students.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Limited Exception</inline>.—</heading> <content>In an emergency, where a regulation must be issued within a very limited time period to assist eligible recipients with the operation of a program, the State may issue a regulation without fulfilling the requirements of subsection (a), but shall immediately convene the Committee to review the regulation before it is issued in final form.</content> </subsection> </section> <section> <num value="513">“SEC. 513. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468b">20 USC 2468b</ref>.</p></sidenote> <heading class="inline">IDENTIFICATION OF STATE-IMPOSED REQUIREMENTS.</heading> <content>“Any State rule or policy imposed on the administration or operation of programs funded by this Act, including any rule or policy based on State interpretation of any Federal law, regulation, or guideline, shall be identified as a State imposed requirement.</content> </section> <section> <num value="514">“Sec. 514. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468c">20 USC 2468c</ref>.</p></sidenote> <heading class="inline">PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-STATE RELOCATION OF BUSINESSES.</heading> <content>“No funds provided under this Act shall be used for the purpose of directly providing incentives or inducements to an employer to relocate a business enterprise from 1 State to another State if such relocation would result in a reduction in the number of jobs available in the State where the business enterprise is located before such incentives or inducements are offered.</content> </section> <section> <num value="515">“SEC. 515. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468d">20 USC 2468d</ref>.</p></sidenote> <heading class="inline">STATE ADMINISTRATIVE COSTS.</heading> <content>“For each fiscal year for which a State receives assistance under this Act, the State shall provide from non-Federal sources for costs the State incurs for administration of programs under this Act an amount that is not less than the amount provided by the State from non-Federal sources for such costs for the preceding fiscal year.</content> </section> <section> <num value="516">“SEC. 516. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2468e">20 USC 2468e</ref>.</p></sidenote> <heading class="inline">ADDITIONAL ADMINISTRATIVE PROVISIONS.</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Funds made available under title II shall be used to supplement, and to the extent practicable increase the amount of State and local funds that would in the absence of such Federal funds be made available for the uses specified in the application, and in no case supplant such State or local funds.</content></subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">Notwithstanding subparagraph (A), funds made available under title II may be used to pay for the costs of vocational education services required in an individualized education plan developed pursuant to sections 612(4) and 614(a)(5) of the Education of the Handicapped Act, in a manner consistent with section 614(a)(1) of such Act, and services necessary to meet the requirements of section 504 of the Rehabilitation Act of 1973 with respect to ensuring equal access to vocational education.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No State shall take into consideration payments under this Act in determining, for any educational agency or institution in that State, the eligibility for State aid, or the amount of State aid, with respect to public education within the State.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading><content>Any project assisted with funds made available under title II shall be of sufficient size, scope, and quality to give reasonable promise of meeting the vocational education needs of the students involved in the project.</content> </subsection> <page identifier="/us/stat/104/834">104 STAT. 834</page> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Permissible Services and Activities</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Vocational education services and activities authorized in title II may include work-site programs such as cooperative vocational education, programs with community-based organizations, work-study, and apprenticeship programs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Vocational education services and activities described in title II may include placement services for students who have success-fully completed vocational education programs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Vocational education services and activities described in title II may include programs which involve students in addressing the needs of the community in the production of goods or services which contribute to the community’s welfare or which involve the students with other community development planning, institutions, and enterprises.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Academic Credit</inline>.—</heading> <content>Each State board receiving financial assistance under title II may consider granting academic credit for vocational education courses which integrate core academic competencies.”.</content> </subsection> </section> </part> </quotedContent> </content> </paragraph> </subsection> </section> <section> <num value="502">SEC. 502. </num> <heading class="inline">DEFINITIONS.</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2471">20 USC 2471</ref>.</p></sidenote>Section 521 of the Act is amended to read as follows: <quotedContent> <section> <num value="521">“SEC. 521. </num> <heading class="inline">DEFINITIONS.</heading> <chapeau>“As used in this Act:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘administration’ means activities of a State necessary for the proper and efficient performance of its duties under this Act, including supervision, but does not include curriculum development activities, personnel development, or research activities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘all aspects of the industry’ means strong experience in, and understanding of, all aspects of the industry the students are preparing to enter, including planning, management, finances, technical and production skills, underlying principles of technology, labor issues, and health and safety.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘apprenticeship training program’ means a program registered with the Department of Labor or the State apprenticeship agency in accordance with the Act of August 16, 1937, commonly known as the National Apprenticeship Act, which is conducted or sponsored by an employer, a group of employers, or a joint apprenticeship committee representing both employers and a union, and which contains all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">The term ‘area vocational education school’ means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>a specialized high school used exclusively or principally for the provision of vocational education to individuals who are available for study in preparation for entering the labor market;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the department of a high school exclusively or principally used for providing vocational education in not less than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>a technical institute or vocational school used exclusively or principally for the provision of vocational education to individuals who have completed or left high school <page identifier="/us/stat/104/835">104 STAT. 835</page>and who are available for study in preparation for entering the labor market; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the department or division of a junior college, community college or university operating under the policies of the State board and which provides vocational education in not less than 5 different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree, if, in the case of a school, department, or division described in subparagraph (C) or this subparagraph, it admits as regular students both individuals who have completed high school and individuals who have left high school.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">The term ‘career guidance and counseling’ means programs—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>which pertain to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decision-making, placement skills, and knowledge and understanding of local, State, and national occupational, educational, and labor market needs, trends, and opportunities; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>which assist such individuals in making and implementing informed educational and occupational choices.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The term ‘community-based organization’ means any such organization of demonstrated effectiveness described in section 4(5) of the Job Training Partnership Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>The term ‘construction’ includes construction of new buildings and acquisition, and expansion, remodeling, and alter-nation of existing buildings, and includes site grading and improvement and architect fees.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>The term ‘cooperative education’ means a method of instruction of vocational education for individuals who, through written cooperative arrangements between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field. Such alternation shall be planned and supervised by the school and employers so that each contributes to the student’s education and to his or her employability. Work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>The term ‘criminal offender means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <chapeau class="inline">The term ‘correctional institution’ means any—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>prison,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">jail,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>reformatory,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>work farm,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>detention center, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>The term ‘Council’ means the National Council on Vocational Education.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <content>The term ‘curriculum materials’ means instructional and related or supportive material, including materials using <page identifier="/us/stat/104/836">104 STAT. 836</page>advanced learning technology, in any occupational field which is designed to strengthen the academic foundation and prepare individuals for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field, and appropriate counseling and guidance material.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>The term ‘disadvantaged’ means individuals (other than individuals with handicaps) who have economic or academic disadvantages and who require special services and assistance in order to enable such individuals to succeed in vocational education programs. Such term includes individuals who are members of economically disadvantaged families, migrants, individuals of limited English proficiency and individuals who are dropouts from, or who are identified as potential dropouts from, secondary school.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <chapeau class="inline">The term ‘displaced homemaker’ means an individual who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is an adult; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">has worked as an adult primarily without remuneration to care for the home and family, and for that reason has diminished marketable skills;</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>has been dependent on public assistance or on the income of a relative but is no longer supported by such income;</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>is a parent whose youngest dependent child will become ineligible to receive assistance under the program for aid to families with dependent children under part A of title IV of the Social Security Act within 2 years of the parent’s application for assistance under this Act; or</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate, or</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>is described in subparagraph (A) or (B) and is a criminal offender.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The Secretary may not prescribe the manner in which the States will comply with the application of the definition contained in this paragraph.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">“(15) </num> <content>The term ‘economically disadvantaged family or individual’ means such families or individuals who are determined by the Secretary to be low-income according to the latest available data from the Department of Commerce.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">“(16) </num> <content>Except as otherwise provided, the term ‘eligible recipient’ means a local educational agency, an area vocational education school, an intermediate educational agency, a postsecondary educational institution, a State corrections educational agency, or an eligible institution (as such term is defined in section 232(d)(1)).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">“(17) </num> <content>The term ‘general occupational skills’ means experience in and understanding of all aspects of the industry the student is preparing to enter, including planning, management, finances, technical and production skills, underlying principles of technology, labor and community issues, and health, safety, and environmental issues.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">“(18) </num> <content>The term ‘high technology’ means state-of-the-art computer, microelectronic, hydraulic, pneumatic, laser, nuclear, chemical, telecommunication, and other technologies being used to enhance productivity in manufacturing, communication, <page identifier="/us/stat/104/837">104 STAT. 837</page>transportation, agriculture, mining, energy, commercial, and similar economic activity, and to improve the provision of health care.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">“(19) </num> <content>The term ‘individual with handicaps’ means any individual who is an individual with any disability (as defined in section 3(2) of the Americans With Disabilities Act of 1990).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">“(20) </num> <content>The term ‘intermediate educational agency’ means a combination of school districts or counties (as defined in section 1471(5) of the Elementary and Secondary Education Act of 1965) as are recognized in a State as an administrative agency for such State’s vocational or technical education schools or for vocational programs within its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction over a public elementary or secondary school.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">“(21) </num> <content>The term ‘limited English proficiency’ has the meaning given such term in section 703(a)(1) of the Elementary and Secondary Education Act of 1965.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">“(22) </num> <content>The term ‘local educational agency’ means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program. For the purposes of sections 114, 115, 116, 117, and 240, such term shall include a State corrections educational agency.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">“(23) </num> <content>The term ‘postsecondary educational institution’ means an institution legally authorized to provide postsecondary education within a State, a Bureau of Indian Affairs controlled postsecondary institution, or any postsecondary educational institution operated by or on behalf of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">“(24) </num> <chapeau class="inline">The term ‘preparatory services’ means services, programs, or activities designed to assist individuals who are not enrolled in vocational education programs in the selection of, or preparation for participation in, an appropriate vocational education or training program, such as—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>services, programs, or activities related to out-reach to or recruitment of potential vocational education students;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>career counseling and personal counseling;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>vocational assessment and testing; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>other appropriate services, programs, or activities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">“(25) </num> <chapeau class="inline">The term ‘private vocational training institution’ means a business or trade school, or technical institution or other technical or vocational school, in any State, which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations;</content> </subparagraph> <page identifier="/us/stat/104/838">104 STAT. 838</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>has been in existence for 2 years or has been specially accredited by the Secretary as an institution meeting the other requirements of this subsection; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">is accredited—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this clause;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Secretary pursuant to this clause; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>if the Secretary determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by the Secretary and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards.</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">For the purpose of this paragraph, the Secretary shall publish a list of nationally recognized accrediting agencies or associations and State agencies which the Secretary determines to be reliable authority as to the quality of education or training afforded.</continuation> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">“(26) </num> <content>The term ‘school facilities’ means classrooms and related facilities (including initial equipment) and interests in lands on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">“(27) </num> <content>The term ‘Secretary’ means the Secretary of Education.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="28">“(28) </num> <content>The term ‘small business’ means for-profit enterprises employing 500 or fewer employees.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="29">“(29) </num> <content>The term ‘sequential course of study’ means an integrated series of courses which are directly related to the educational and occupational skills preparation of individuals for jobs, or preparation for postsecondary education.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">“(30) </num> <chapeau class="inline">The term ‘single parent’ means an individual who—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>is unmarried or legally separated from a spouse; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">has a minor child or children for which the parent has either custody or joint custody; or</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>is pregnant.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">“(31) </num> <content>The term ‘special populations’ includes individuals with handicaps, educationally and economically disadvantaged individuals (including foster children), individuals of limited English proficiency, individuals who participate in programs designed to eliminate sex bias, and individuals in correctional institutions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">“(32) </num> <content>The term ‘specific job training’ means training and education for skills required by the employer that provides the individual student with the ability to obtain employment and to adapt to the changing demands of the workplace.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">“(33) </num> <content>The term ‘State’ includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern <page identifier="/us/stat/104/839">104 STAT. 839</page>Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">“(34) </num> <content>The term ‘State board’ means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration of vocational education in the State.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">“(35) </num> <content>The term ‘State corrections educational agency’ means the State agency or agencies responsible for carrying out corrections education programs in the State.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="36">“(36) </num> <content>The term ‘State council’ means the State council on vocational education established in accordance with section 112.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="37">“(37) </num> <content>The term ‘State educational agency’ means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary or secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="38">“(38) </num> <content>The term ‘supplementary services’ means curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="39">“(39) </num> <content>The term ‘technology education’ means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impacts of technology including its organizations, techniques, tools and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="40">“(40) </num> <content>The term ‘tribally controlled community college’ means an institution which receives assistance under the Tribally Controlled Community College Assistance Act of 1976 or the Navajo Community College Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="41">“(41) </num> <content>The term ‘vocational education’ means organized educational programs offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Such programs shall include competency-based applied learning which contributes to an individual’s academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. Such term also includes applied technology education.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="42">“(42) </num> <content>The term ‘vocational student organizations’ means those organizations for individuals enrolled in vocational education programs which engage in activities as an integral part of the instructional program. Such organizations may have State and national units which aggregate the work and purposes of instruction in vocational education at the local level.”.</content> </paragraph> </section> </quotedContent> </content> </section> 104 STAT. 840 <num value="VI">TITLE VI—</num><sidenote><p class="indent0 firstIndent0 fontsize8">Office of Correctional Education Act of 1990.</p></sidenote> <heading class="inline">MISCELLANEOUS</heading> <part> <num value="A">PART A—</num> <heading class="inline">CORRECTIONAL EDUCATION</heading> <section> <num value="601">SEC. 601. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s3401">20 USC 3401 note</ref>.</p></sidenote> <heading class="inline">SHORT TITLE.</heading> <content>This title may be cited as the “<shortTitle role="title">Office of Correctional Education Act of 1990</shortTitle>”.</content> </section> <section> <num value="602">SEC. 602. </num> <heading class="inline">CORRECTIONAL EDUCATION.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau>Title II of the Department of Education Organization Act is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s3423">20 USC 3423</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s3424">20 USC 3424</ref>.</p></sidenote> <content>repealing section 213;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>redesignating section 214 as section 215; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>inserting the following new section 214 after section 212: <quotedContent> <section> <heading class="centered">“<inline class="smallCaps">office of correctional education</inline></heading> <num value="214">“<inline class="smallCaps">Sec</inline>. 214. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s3423a">20 USC 3423a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Findings</inline>.—</heading> <chapeau class="inline">The Congress finds and declares that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>education is important to, and makes a significant contribution to, the readjustment of incarcerated individuals to society; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>there is a growing need for immediate action by the Federal Government to assist State and local educational programs for criminal offenders in correctional institutions.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Statement of Purpose</inline>.—</heading> <content>It is the purpose of this title to encourage and support educational programs for criminal offenders in correctional institutions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Establishment of Office</inline>.—</heading> <content>The Secretary of Education shall establish within the Department of Education an Office of Correctional Education.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Functions of Office</inline>.—</heading> <chapeau>The Secretary, through the Office of Correctional Education established under subsection (a) of this section, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>coordinate all correctional education programs within the Department of Education;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide technical support to State and local educational agencies and schools funded by the Bureau of Indian Affairs on correctional education programs and curricula;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> <content>provide an annual report to the Congress on the progress of the Office of Correctional Education and the status of correctional education in the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>cooperate with other Federal agencies carrying out correctional education programs to ensure coordination of such programs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>consult with, and provide outreach to, State directors of correctional education and correctional educators; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>collect from States a sample of information on the number of individuals who complete a vocational education sequence, earn a high school degree or general equivalency diploma, or earn a postsecondary degree while incarcerated and the correlation with job placement, job retention, and recidivism.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau>As used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘criminal offender’ means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender;</content> </paragraph> <page identifier="/us/stat/104/841">104 STAT. 841</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">the term ‘correctional institution’ means any—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>prison,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>jail,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>reformatory,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>work farm,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>detention center, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the term ‘State educational agency’ means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Clerical Amendments</inline>.—</heading> <content>The table of contents contained in section 1 of the Department of Education Organization Act is amended by striking the items relating to sections 213 and 214 and inserting the following: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 214.</designator> <label>Office of Correctional Education.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 215.</designator> <label>Federal Interagency Committee on Education.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> </part> <part> <num value="B">PART B—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section> <num value="611">SEC. 611. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2403">20 USC 2403 note</ref>.</p></sidenote> <heading class="inline">STUDY OF THE DUAL SYSTEM OF VOCATIONAL EDUCATION IN THE FEDERAL REPUBLIC OF GERMANY.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">General Authority</inline>.—</heading> <content>The General Accounting Office (in this section referred to as the “Office”) shall conduct a thorough study of the Dual System of Vocational Education in the Federal Republic of Germany, including an analysis of the desirability, advantages, and disadvantages of establishing a nationwide job apprenticeship program in the United States similar to the Dual System of Vocational Education in the Federal Republic of Germany.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Contents</inline>.—</heading> <chapeau>In studying the West German Dual System of Vocational Education, the Office shall assess—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the ability of such a system to prepare workers for the technical workplace;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the level of academic skills an apprentice in the Dual System acquires;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the effectiveness of combining on-the-job training with classroom instruction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the participation in apprenticeships by gender and minority status;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the dropout rate of West German students;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the construction and oversight of skill certification tests;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the unemployment rate and relative wage levels of former participants;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the labor mobility of apprentices;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>whether such a system has helped West Germany maintain a competitive workforce and a competitive edge in the world economy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>the value and productivity of apprentices to business; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>the direct and indirect costs and benefits to the country, industry, company, and individual that result from the Dual System of Vocational Education.</content> </paragraph> </subsection> <page identifier="/us/stat/104/842">104 STAT. 842</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Factors To Be Considered</inline>.—</heading> <chapeau>In assessing the ability of a similar program to be replicated in the United States, the Office shall evaluate such factors as—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>existing job apprenticeship programs and their ability to prepare workers for the technical workplace;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the future need for skilled workers and the extent to which job apprenticeship programs could meet such future workforce needs;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the appropriate age or grade level for students to enter job apprenticeship programs (such as secondary students, post-secondary students, or both);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the potential for such programs to reduce the dropout rate, place more qualified workers in the workplace, provide continuing education, including postsecondary opportunities, and in-crease the lifetime earnings of those who participate in such a job apprenticeship program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the issues in obtaining labor and management utilization of skills, certification for employee recruitment, promotion, and other purposes, and issues in creating and improving such certification to reliably and validly reflect the changing structure of work in the skills certified;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the training wage appropriate for an apprentice;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the estimated value and productivity of apprentices to business;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the Federal, State, employer, and labor roles in regulating and funding such a program;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the direct and indirect costs and benefits of such a program to the Federal and State governments, industry, the company and the individual; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>the quality and adequacy of Federal and State data on training, including apprenticeships, directly or indirectly provided by employers, including data on the level and distribution of training by industry, firm size, and of labor and management employees.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Deadline for Study</inline>.—</heading> <content>The study required by subsection (a), together with comments and recommendations, shall be completed and presented to Congress not later than the expiration of the 1-year period beginning on the date of enactment of this Act.</content> </subsection> </section> <section> <num value="612">SEC. 612. </num> <heading class="inline">HIGHER EDUCATION ACT.</heading> <content><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s1131">20 USC 1131</ref>.</p></sidenote>Section 621 of the Higher Education Act of 1965 is repealed.</content> </section> </part> <num value="VII">TITLE VII—</num> <heading class="inline">EFFECTIVE DATE</heading> <section> <num value="701">SEC. 701. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2301">20 USC 2301 note</ref>.</p></sidenote> <heading class="inline">TRANSITION PROVISION.</heading> <chapeau>Upon the enactment of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, each State and eligible recipient of Federal financial assistance under a State plan submitted pursuant to section 113 of the Carl D. Perkins Vocational Education Act may expend funds currently available under the Carl D. Perkins Vocational Education Act to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conduct planning for any program or activity authorized under the Carl D. Perkins Vocational and Applied Technology Education Act, including the development of a State plan under section 113 of such Act;</content> </paragraph> <page identifier="/us/stat/104/843">104 STAT. 843</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>develop State and local standards and measures as required by section 115 of the Carl D. Perkins Vocational and Applied Technology Education Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>conduct assessments as required by section 116 of the Carl D. Perkins Vocational and Applied Technology Education Act.</content> </paragraph> </section> <section> <num value="702">SEC. 702. </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t20/s2301">20 USC 2301 note</ref>.</p></sidenote> <heading class="inline">EFFECTIVE DATE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>—</heading> <content>Except as provided in subsection (b), the amendments made by this Act shall take effect on July 1, 1991.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Special Rule</inline>.—</heading> <content>Sections 3,115,116, 504, and 512 and part H of title III of the Carl D. Perkins Vocational and Applied Technology Education Act (as amended by this Act) shall take effect upon the enactment of this Act.</content> </subsection> </section> Approved September 25, 1990.
LEGISLATIVE HISTORY—H.R. 7 (S. 1109): HOUSE REPORTS: Nos. 101–41 (Comm. on Education and Labor) and No. 101–660 (Comm. of Conference). SENATE REPORTS: No. 101–221 accompanying S. 1109 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): May 9, considered and passed House.

Vol. 136 (1990): Apr. 5, considered and passed Senate, amended, in lieu of S. 1109.

Aug. 2, Senate agreed to conference report.

Sept. 13, House agreed to conference report.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Sept. 25, Presidential statement.

 Public Law 101–393: Designating October 3,1990, as “National Teacher Appreciation Day”. Public Law 393 Public Law 101–393 104 Stat. 844 1990-09-25 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 2025-06-19 101public 104 STAT. 844 Public Law 101–393 101st Congress
Joint Resolution Designating October 3,1990, as “National Teacher Appreciation Day”.

Sept. 25, 1990

[S.J. Res. 313]

 Whereas education of the Nation’s youth is the foundation of the Nation’s future; Whereas education is a lifelong process which is beneficial to the individual and thus beneficial to the entire Nation; Whereas teachers deserve credit for their invaluable role in providing education; Whereas teaching not only involves traditional areas of education, but today also includes vocational education, continuing education, and education for special needs; Whereas teachers contribute not only to the academic growth of students, but also to their ethical, social, and emotional development; Whereas a student’s respect for his or her teacher is essential to the student’s ability to learn; and Whereas the contributions of teachers should be celebrated often in order to honor the role of teachers in society and to affirm and foster respect for teachers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 3, 1990, is designated as “National Teacher Appreciation Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate programs, ceremonies, and activities.
Approved September 25, 1990.
LEGISLATIVE HISTORY—S.J. Res. 313: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 28, considered and passed Senate.

Sept. 17, considered and passed House.

 Public Law 101–394: To designate the week of September 23 through 29, 1990, as “Religious Freedom Week”. Public Law 394 Public Law 101–394 104 Stat. 845 1990-09-25 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 2025-06-19 101public 104 STAT. 845 Public Law 101–394 101st Congress
Joint Resolution To designate the week of September 23 through 29, 1990, as “Religious Freedom Week”.

Sept. 25, 1990

[S.J. Res. 331]

 Whereas the principle of religious liberty was an essential part of the founding of the Nation, and must be safeguarded with eternal vigilance by all men and women of goodwill; Whereas religious liberty has been endangered throughout history by bigotry and indifference; Whereas the first amendment to the Constitution guarantees the inalienable rights of individuals to worship freely or not be religious, as they choose, without interference from governmental or other agencies; Whereas the Constitution ensures religious freedom to all of the people of the United States; Whereas at Touro Synagogue in 1790, President George Washington issued his famous letter declaring “to bigotry no sanction, to persecution no assistance”; Whereas the Touro Synagogue letter advocating the doctrine of mutual respect and understanding was issued more than 1 year before the adoption of the Bill of Rights; Whereas the letter of President Washington and the Touro Synagogue have become national symbols of the commitment of the United States to religious freedom; Whereas throughout the history of the Nation, religion has contributed to the welfare of believers and of society generally, and has been a force for maintaining high standards for morality, ethics, and justice; Whereas religion is most free when it is observed voluntarily at private initiative, uncontaminated by Government interference and unconstrained by majority preference; and Whereas religious liberty can be protected only through the efforts of all persons of goodwill in a united commitment: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That— 104 STAT. 846 (1) the week of September 23 through 29, 1990, is designated as “Religious Freedom Week”; and (2) the President is authorized and requested to issue a proclamation calling on the people of the United States, including members of all faiths or none, to join together in support of religious tolerance and religious liberty for all, and to observe the week with appropriate activities.
Approved September 25, 1990.
LEGISLATIVE HISTORY—S.J. Res. 331: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Sept. 17, considered and passed House.

 Public Law 101–395: To designate the week of September 30, 1990, through October 6, 1990, as “National Job Skills Week”. Public Law 395 Public Law 101–394 104 Stat. 847 1990-09-25 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 2025-06-19 101public 104 STAT. 847 Public Law 101–395 101st Congress
Joint Resolution To designate the week of September 30, 1990, through October 6, 1990, as “National Job Skills Week”.

Sept. 25, 1990

[S.J. Res. 333]

 Whereas the ability to maintain an internationally competitive and productive economy and a high standard of living depends on the development and utilization of new technologies; Whereas new technologies require skills that are currently unavailable in the national workforce; Whereas experts in both the public and private sectors predict that a shortage of skilled entry-level workers will exist through the remainder of the twentieth century; Whereas young people in the United States are experiencing higher than normal unemployment rates due to the lack of skills necessary to perform entry-level jobs that are currently available; Whereas young people in the United States will continue to experience higher than normal unemployment rates unless such young people develop the skills necessary to perform the entry-level jobs that become available; Whereas workers in the United States, threatened by dislocation due to plant closures and industrial relocation, need special training and education to prepare for new jobs and new opportunities; and Whereas a National Job Skills Week would serve to focus attention on present and future workforce needs, to encourage public and private cooperation in job training and educational efforts, and to highlight the technological changes underway in the workplace: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the week of September 30, 1990, through October 6, 1990, is designated as “National Job Skills Week”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities.
Approved September 25, 1990.
LEGISLATIVE HISTORY—S.J. Res. 333: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Sept. 17, considered and passed House.

 Public Law 101–396: To amend the Communications Act of 1934 to provide authorization of appropriations for the Federal Communications Commission, and for other purposes. Public Law 396 Public Law 101–396 104 Stat. 848 1990-09-28 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 2025-06-19 101public 104 STAT. 848 Public Law 101–396 101st Congress
An Act To amend the Communications Act of 1934 to provide authorization of appropriations for the Federal Communications Commission, and for other purposes.

Sept. 28, 1990

[H.R. 3265]

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

Federal Communications Commission Authorization Act of 1990.

47 USC 609 note.
That this Act may be cited as the “Federal Communications Commission Authorization Act of 1990”.
authorization of appropriations Sec. 2. (a) Section 6 of the Communications Act of 1934 (47 U.S.C. 156) is amended to read as follows:
“authorization of appropriations “Sec. 6. (a) There are authorized to be appropriated for the administration of this Act by the Commission $109,831,000 for fiscal year 1990 and $119,831,000 for fiscal year 1991, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1990 and 1991. “(b) In addition to the amounts authorized to be appropriated under this section, not more than 4 percent of the amount of any fees or other charges payable to the United States which are collected by the Commission during fiscal year 1990 are authorized to be made available to the Commission until expended to defray the fully distributed costs of such fees collection. “(c)

Maryland.

Of the amounts appropriated pursuant to subsection (a) for fiscal year 1991, such sums as may be necessary not to exceed $2,000,000 shall be expended for upgrading and modernizing equipment at the Commission’s electronic emissions test laboratory located in Laurel, Maryland.”.
commercial radio operator examinations Sec. 3. Section 4(f) of the Communications Act of 1934 (47 U.S.C. 154(f)) is amended by adding at the end the following new paragraph: “(5) (A) The Commission, for purposes of preparing and administering any examination for a commercial radio operator license or endorsement, may accept and employ the services of persons that the Commission determines to be qualified. Any person so employed may not receive compensation for such services, but may recover from examinees such fees as the Commission permits, considering such factors as public service and cost estimates submitted by such person. “(B) The Commission may prescribe regulations to select, oversee, sanction, and dismiss any person authorized under this paragraph to be employed by the Commission. 104 STAT. 849 “(C) Any person who provides services under this paragraph or who provides goods in connection with such services shall not, by reason of having provided such service or goods, be considered a Federal or special government employee.”.
travel reimbursement program Sec. 4. Section 4(g)(2)(D) of the Communications Act of 1934 (47 U.S.C. 154(g)(2)(D)) is amended by striking “1989” and inserting in lieu thereof “1992”.
communications support from older americans Sec. 5. Section 6(a) of the Federal Communications Commission Authorization Act of 1988 (47 U.S.C. 154 note) is amended by striking “and 1989” and inserting in lieu thereof “, 1989, 1990, and 1991”.
hawaii monitoring station

Real property.

 Sec. 6. (a) Section 9(a) of the Federal Communications Commission Authorization Act of 1988 (Public Law 100–594; 102 Stat. 3024) is amended— (1) by striking “and 1990” and inserting in lieu thereof “, 1990, 1991, and 1992”; (2) in paragraph (4) by striking “a facility at the new location” and inserting in lieu thereof “facilities at new locations”; and (3) in paragraph (6) by striking “a facility at a new location” and inserting in lieu thereof “facilities at new locations”. (b) Subsection (b) of section 9 of the Federal Communications Commission Authorization Act of 1988 (Public Law 100–594; 102 Stat. 3024) is amended to read as follows: “(b) The Administrator of General Services is authorized to dispose of, only to the State of Hawaii, as much of the real property (including improvements thereon) at the present location of the Hawaii Monitoring Station as is necessary for the purposes of relocating, at a minimum, the antennas associated with the Monitoring Station.”. (c) Section 9 of the Federal Communications Commission Authorization Act of 1988 (Public Law 100–594; 102 Stat. 3024) is amended by striking subsections (c) and (d), by redesignating subsection (e) as subsection (i), and by inserting immediately after subsection (b) the following new subsections: “(c) Pursuant to the authority provided in subsection (b), the

Government contracts.

 Administrator of General Services shall sell and convey to the State of Hawaii the real property and improvements thereon described in subsection (b) on an expedited basis, including provisions for lease-back as required. “(d) In consideration of such sale, the State of Hawaii shall agree to— “(1) pay to the General Services Administration an amount not less than the fair market value, as determined by the Administrator of General Services, of the property to be conveyed under subsection (c), or “(2) convey to the Federal Communications Commission real property that would be suitable, as determined by the Commission, for the relocation of the Hawaii Monitoring Station and, in addition, pay to the General Services Administration an 104 STAT. 850amount equal to the difference between the fair market value of the two properties, as determined by the Administrator of General Services, if the Federal property conveyed is of greater value. “(e) The General Services Administration shall reimburse the Federal Communications Commission from the net proceeds of such sale for all of the expenditures of the Commission associated with the relocation of the Hawaii Monitoring Station. Any such reimbursed funds received by the Commission shall remain available until expended. “(f) The net proceeds of such sale, less any funds reimbursed to the Federal Communications Commission pursuant to subsection (e), and less normal and reasonable charges by the General Services Administration for costs associated with such sale, shall be deposited in the general funds of the Treasury. “(g) If the General Services Administration and the State of Hawaii are unable to execute a contract for sale as required by this section or complete any other transaction necessary to carry out such sale, the Administrator of General Services shall not proceed to public sale of the property described in subsection (b). “(h) The Hawaii Monitoring Station shall continue its full operations at its present location until new facilities have been built and are fully operational.”. (d) Subsection (i) of section 9 of the Federal Communications Commission Authorization Act of 1988 (Public Law 100–594; 102 Stat. 3024), as so redesignated by subsection (c) of this section, is amended by striking “, in fiscal years 1989 and 1990”.
tariff notice period Sec. 7. (a) Section 203(b)(1) of the Communications Act of 1934 (47 U.S.C. 203(b)(1)) is amended by striking “ninety days notice” and inserting in lieu thereof “one hundred and twenty days notice”. (b) Section 203(b)(1) of the Communications Act of 1934 (47 U.S.C. 203(b)(2)) is amended by striking “ninety days” and inserting in lieu thereof “one hundred and twenty days”.
amateur radio service reciprocal permits Sec. 8. (a) Section 303(1)(3) of the Communications Act of 1934 (47 U.S.C. 303(1)(3)) is amended by striking “bilateral agreement between the United States and the alien’s government” and inserting in lieu thereof “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,”. (b) Section 310(c) of the Communications Act of 1934 (47 U.S.C. 310(c)) is amended by striking “bilateral agreement between the United States and the alien’s government” and inserting in lieu thereof “multilateral or bilateral agreement, to which the United States and the alien’s government are parties,”.
willful or malicious interference Sec. 9. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section: 104 STAT. 851
“willful or malicious interference “Sec. 333. No person shall willfully or maliciously interfere with

47 USC 333.

 or cause interference to any radio communications of any station licensed or authorized by or under this Act or operated by the United States Government.”
applicability of forfeitures to applicants Sec. 10. The first sentence of section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503(b)(5)) is amended by inserting “and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission,” immediately before “unless, prior”.
Approved September 28, 1990.
LEGISLATIVE HISTORY—H.R. 3265 (S. 1022): HOUSE REPORTS: No. 101–316 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101–215 accompanying S. 1022 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 30, considered and passed House.

Vol. 136 (1990): July 19, considered and passed Senate, amended, in lieu of S. 1022.

Sept. 13, House concurred in Senate amendment.

 Public Law 101–397: To extend the authorization of appropriations for the Water Resources Research Act of 1984 through the end of fiscal year 1994. Public Law 397 Public Law 101–397 104 Stat. 852 1990-09-28 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 2025-06-19 101public 104 STAT. 852 Public Law 101–397 101st Congress
An Act To extend the authorization of appropriations for the Water Resources Research Act of 1984 through the end of fiscal year 1994.

Sept. 28, 1990

[H.R. 1101]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. WATER RESEARCH INSTITUTES. (a) Section 103(5) of the Water Resources Research Act of 1984 (42 U.S.C. 10302(5)) is amended by deleting “coordinate more effectively” and inserting in lieu thereof: “to promote more effective coordination of”. (b) Section 104(a) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(a)) is amended by changing “Trust Territory of the Pacific Islands” to “Federated States of Micronesia”. (c) Section 104(b) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)) is amended by inserting in the last sentence after the phrase “for the purpose of” the following: “promoting”. (d) Section 104(b)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is amended to read as follows: “(1) plan, conduct, or otherwise arrange for competent research that fosters (A) the entry of new research scientists into the water resources fields, (B) the training and education of future water scientists, engineers, and technicians, (C) the preliminary exploration of new ideas that address water problems or expand understanding of water and water-related phenomena, and (D) the dissemination of research results to water managers and the public, and”. (e) Section 104(c) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(c)) is amended by deleting the period at the end thereof and inserting in lieu thereof “and thereafter, such sums to be used only for the reimbursement of the direct cost expenditures incurred for the conduct of the water resources research program.”. (f) Section 104(e) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(e)) is amended to read as follows: “(e) The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine that the quality and relevance of its water resources research and its effectiveness as an institution for planning, conducting, and arranging for research warrants its continued support under this section. If, as a result of any such evaluation, the Secretary determines that an institute does not qualify for further support under this section, then no further grants to the institute may be made until the institute’s qualifications are reestablished to the satisfaction of the Secretary.”. (g) Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by deleting “September 30, 1985, through September 30, 1989” and inserting in lieu thereof “September 30, 1989, through September 30, 1995,”. 104 STAT. 853 (h) Section 104(0(2) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(2)) is amended by deleting “section 106 of this Act” and inserting in lieu thereof “section 104(g) of this Act”. (i) Section 105(a)(3) of the Water Resources Research Act of 1984 (42 U.S.C. 10304(a)(3)) is repealed. (j) Section 105(c) of the Water Resources Research Act of 1984 (42 U.S.C. 10304(c)) is amended by: (1) striking “$20,000,000” and inserting in lieu thereof, “$10,000,000”; and (2) striking “1989” and inserting in lieu thereof, “1995”. (k) Section 108(6) of the Water Resources Research Act of 1984 (42 U.S.C. 10307(6)) is amended by inserting immediately after “depletion” a comma and the word “contamination,”. (l) Section 108(8) of the Water Resources Research Act of 1984 (42 U.S.C. 10307(8)) is amended by inserting immediately after “water” the words “quality and quantity”. (m) Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by adding the following: “(g) (1) There is further authorized to be appropriated to the Secretary of the Interior the sum of $5,000,000 for each of the fiscal years 1991,1992, 1993, 1994, and 1995 only for reimbursement of the direct cost expenses of additional research or synthesis of the results of research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relate to specific program priorities identified jointly by the Secretary and the institutes. Such funds when appropriated shall be matched on a not less than dollar-for-dollar basis by funds made available to institutes or groups of institutes, by States or other non-Federal sources. Funds made available under this subsection shall remain available until expended. “(2) Research funds made available under this subsection shall be made on a competitive basis subject to the merit of the proposal, the need for the information to be produced, and the opportunity such funds will provide for training of water resources scientists or professionals.”. (n) Section 106 of the Water Resources Research Act of 1984 (42 U.S.C. 10305) is amended to read as follows:
“Sec. 106. (a) (1) The Secretary shall make grants in addition to

Grants.

Science and technology.

 those authorized under sections 104 and 105 for technology development concerning any aspect of water resources including water-related technology which the Secretary may deem to be of State, regional, or national importance. Activities funded under this section may be carried out by educational institutions, private firms, foundations, individuals, or agencies of State or local government. Care shall be taken to protect proprietary information of private individuals or firms associated with the technology.

Classified information.

 “(2) The Secretary may establish any condition for the matching of funds by the recipient of any grant or contract under this section which the Secretary considers to be in the best interest of the Nation considering the information transfer and technology needs of the Nation. However, in the case of institutes established by section 104 of this Act no match greater than that required under section 104 may be required. “(b) Each application for a grant under this section shall state the nature of the project to be undertaken, the qualifications of the personnel who will direct and conduct it, facilities of the organization performing any technology development, the importance of the 104 STAT. 854project to the Nation, region, and State concerned, and the potential benefit to be accrued. “(c) There is authorized to be appropriated to the Secretary the sum of $6,000,000 for the purpose of carrying out this section for each of the fiscal years ending September 30, 1990, through September 30,1995; such sums to remain available until expended.”.
(o) Section 309(a) of the Water Resources Research Act of 1984 (42

42 USC 10301 note.

U.S.C. 10301 et al.), as amended, is further amended by deleting “1991” and inserting in lieu thereof “1995”.
Sec. 2.

Contracts.

42 USC 10303 note.

 (a) The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, is authorized to enter into contracts or cooperative agreements, as the Secretary deems appropriate, with national laboratories (including Los Alamos National Laboratory) to carry out water resources research, development, and demonstration projects within the authorities of Public Law 98–242 (including the effects of potential climate changes on surface and ground water quality and quantity and the elimination of contamination of ground water aquifers). (b) The water resources research authorized in this section shall be undertaken under such rules and regulations as the Secretary deems appropriate and shall be carried out in close consultation and collaboration with the institutes established pursuant to Public Law 98–242, to the extent such research work affects the State in which the institute exists, and to the extent such institute agrees to consult and collaborate. (c) For the purposes of carrying out this section, there is authorized to be appropriated to the Secretary of the Interior the sum of $10,000,000 for each of the fiscal years 1991 through 1995.
Approved September 28, 1990.
LEGISLATIVE HISTORY—H.R. 1101: HOUSE REPORTS: No. 101–76 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–215 accompanying S. 1022 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): June 6, considered and passed House.

Vol. 136 (1990): Aug. 1, considered and passed Senate, amended.

Sept. 11, House concurred in Senate amendment.

 Public Law 101–398: To provide for the establishment of the Mississippi River Corridor Study Commission, and for other purposes. Public Law 398 Public Law 101–398 104 Stat. 855 1990-09-28 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 2025-06-19 101public 104 STAT. 855 Public Law 101–398 101st Congress
An Act To provide for the establishment of the Mississippi River Corridor Study Commission, and for other purposes.

Sept. 28, 1990

[H.R. 2174]

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

Mississippi River Corridor Study Commission Act of 1989.
SECTION 1. SHORT TITLE. This Act may be cited as the “Mississippi River Corridor Study Commission Act of 1989”.
SEC. 2. FINDINGS.The Congress finds the following: (1) The Mississippi River flows through 10 States from its headwaters in the State of Minnesota to the Gulf of Mexico and comprises a ribbon of commerce, history, archeology, wildlife habitat, urban and rural communities, and open space containing historical, recreational, natural, scenic, cultural, economic, and scientific resources of major significance to the Nation. (2) The national interest would be served by— (A) preserving, protecting, and enhancing such resources for the benefit of the people of the United States; and (B) improving the coordination between all levels of government in such corridor. (3) The preservation, protection, and enhancement of such resources has not been fully realized despite efforts by the States through which the Mississippi River flows, political subdivisions of such States, and volunteer associations and private businesses in such States. (4) Most existing Federal agency programs lack sufficient coordination with State and local planning and regulatory authorities to provide for resource management and economic development in a manner that is consistent with the protection and public use of the Corridor’s resources. (5) The national Government should assist in coordinating preservation and interpretation activities of public and private entities with respect to the significant resources associated with the Mississippi River. (6) The establishment of a commission as provided for by this Act will— (A) focus attention on the unique and nationally significant resources of this region; and (B) provide a means and a stimulus for coordinating the preservation, protection, enhancement, enjoyment, and utilization of the resources of this region. (7) The establishment of such commission would provide a national entity to gather, assess, and disseminate information on the recreational, cultural, historic, natural, scenic, and economic opportunities in this region.
104 STAT. 856
SEC. 3. DEFINITIONS.For purposes of this Act: (1) The term “Commission” means the Mississippi River Corridor Study Commission. (2) The terms “Mississippi River Corridor” and “Corridor” mean the area included by the Commission in a proposed Mississippi River National Heritage Corridor. (3) The term “Mississippi River State” means any of the States of Arkansas, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Tennessee, or Wisconsin.
SEC. 4. ESTABLISHMENT OF COMMISSION. There is established a Commission to be known as the Mississippi River Corridor Study Commission.
SEC. 5. DUTIES OF THE COMMISSION. (a) Study.—The Commission shall study and make recommendations regarding— (1) the feasibility of creating a Mississippi River National Heritage Corridor for the Mississippi River Corridor; and (2) the preservation, protection, enhancement, enjoyment, and utilization of the historic, economic, natural, recreational, scenic, cultural, and scientific resources of the Corridor consistent with the purposes of this Act. (b) Information Collection; Consultation.— As part of the study conducted under subsection (a), the Commission shall— (1) assess the preservation, protection, enhancement, enjoyment, and utilization potential of the historic, economic, natural, recreational, scenic, cultural, and scientific resources of the Corridor; (2) collect information dealing with ongoing activities, management plans, and opportunities regarding historic, economic, natural, recreational, scenic, cultural, and scientific resources in the Corridor; (3) make such information available to Federal agencies, States and political subdivisions thereof, tribal governments, educational institutions, volunteer associations, and private businesses to assist such entities in undertaking activities to preserve, protect, enhance, or utilize the historic, economic, natural, recreational, scenic, cultural, or scientific resources of the Corridor; (4) (A) consult with the Mississippi River Parkway Commission, the Upper Mississippi River Basin Association, the Great River Road Association, the Lower Mississippi Delta Development Commission, and the Mississippi River Coordinating Commission; and (B) cooperate with such commissions and associations in the performance of their duties; (5) provide a forum for the consideration of resource issues relating to the Corridor; (6) seek and encourage the participation of affected State and local governments, interested citizens, public officials, groups, agencies, educational institutions, and others in the preservation, protection, enhancement, enjoyment, and utilization of the Corridor’s resources; (7) recommend methods and means for educating the general population about the national importance and value of the 104 STAT. 857Mississippi River as a natural resource and national treasure; and (12) make the Commission accessible to such groups, agencies, and citizens by holding at least one well publicized public hearing in every State within the Corridor. (c) Report.— The Commission shall prepare a report— (1) specifying the results of the study conducted under subsection (a); and (2) containing— (A) a description of the Mississippi River Corridor and the proposed boundaries of a Mississippi River National Heritage Corridor (if so recommended) showing the primary corridor and such secondary zones as may be appropriate; (B) an inventory and assessment of the historic, economic, natural, recreational, scenic, cultural, and scientific resources of the Corridor; (C) specific preservation and interpretation goals and a priority timetable for their achievement; (D) proposed alternative management strategies whereby the funds, data, personnel, and authorities of public and private entities may be combined and coordinated in furtherance of the purposes of this Act; (E) proposed changes in Federal, State, and local laws and regulations that are needed to accomplish the purposes of this Act, in whole or in part; (F) proposals to improve guidance and assistance provided to Mississippi River States and political subdivisions thereof and other entities regarding their compliance with applicable provisions of the Clean Water Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), and related laws; and (G) such recommendations as the Commission may deem appropriate with respect to subparagraphs (A) through (F) and with respect to public access to and interpretation of the natural and cultural resources of the river and related outdoor recreation opportunities.
SEC. 6. ORGANIZATION OF THE COMMISSION. (a) Number and Appointment.— The Commission shall be composed of 15 members as follows: (1) The Director of the National Park Service (or designee). (2) The Secretary of Transportation (or designee). (3) The Secretary of Commerce (or designee). (4) The Director of the United States Fish and Wildlife Service (or designee). (5) The Chief of Engineers of the Army Corps of Engineers (or designee). (6) One member from each Mississippi River State appointed by the Governor of such State from among the members of the Mississippi River Parkway Commission from such State. (b) First Appointments.— Members of the Commission required by subsection (a) to be appointed shall be first appointed not later than 45 days after the effective date of this Act. (c) Vacancies.—A vacancy in the Commission shall be filled in the manner in which the orginal appointment is made. (d) Terms.—Members of the Commission shall be appointed for the life of the Commission. 104 STAT. 858 (e) Pay.—Members of the Commission shall serve without pay. (f) Reimbursement of Expenses.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. (g) Quorum.— (1) Nine members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (2) A member of the Commission may vote by means of a signed proxy exercised by another member of the Commission, but any member so voting shall not be considered present for purposes of establishing a quorum. (h) Chairperson.—As the first item of business at the first meeting of the Commission, the members of the Commission shall elect a chairperson of the Commission from among the members appointed under subsection (a)(6). (i) Meetings.— (1) The Commission shall meet at the call of the chairperson or a majority of the members. (2) Not later than 30 days after the members of the Commission are first appointed, the Commission shall hold its first meeting. (3) The Director of the National Park Service shall select the date of the first meeting and shall serve as chairperson until the election of the chairperson under subsection (h).
SEC . 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS; PERSONNEL OF FEDERAL AGENCIES. (a) Staff.— The Commission may appoint and fix the pay of such staff as the Commission considers appropriate subject to— (1) the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Experts and Consultants.— The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Personnel of States and Political Subdivisions.—The Commission may— (1) accept the services of personnel detailed from a Mississippi River State or a political subdivision thereof; and (2) reimburse such State or such subdivision for such services. (d) Personnel of Federal Agencies.—At the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act.
SEC. 8. POWERS OF THE COMMISSION. (a) Hearings and Sessions.—For the purpose of carrying out this Act, the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. 104 STAT. 859 (b) Powers of Members and Agents.—Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) 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. (d) 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.
SEC. 9. SUBMISSION OF REPORTS. (a) Interim Report.—Not later than two years after the date of the first meeting of the Commission, the Commission shall submit to the President, the Speaker of the House of Representatives, the President of the Senate, and the Governor of each Mississippi River State a report describing the progress of the Commission in carrying out the duties of the Commission under section 5. (b) Final Report.—Not later than 3 years after the date of the first meeting of the Commission, the Commission shall submit to the President, the Speaker of the House of Representatives, the President of the Senate, and the Governor of each Mississippi River State the report required by section 5(c).
SEC. 10. TERMINATION OF COMMISSION. Notwithstanding section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Commission shall cease to exist 90 days after submitting the report required by section 5(c) and submitted under section 9(b).
SEC. 11. CONSENT TO NEGOTIATE PROPOSED COMPACTS. The Congress hereby consents to the negotiation by any State referred to in section 3 with one or more of any other such State of proposed interstate agreements or compacts among such States in furtherance of the purposes of this Act or the study referred to in section 5 or any material component thereof.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission to carry out this Act $500,000 for each fiscal year in which the Commission is in existence.
Approved September 28, 1990.
LEGISLATIVE HISTORY—H.R. 2174: HOUSE REPORTS: No. 101–525 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–423 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 12, considered and passed House.

Sept. 11, considered and passed Senate.

 Public Law 101–399: To provide for the acquisition of the William Johnson House and its addition to the Natchez National Historical Park, and for other purposes. Public Law 399 Public Law 101–399 104 Stat. 860 1990-09-28 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 2025-06-19 101public 104 STAT. 860 Public Law 101–399 101st Congress
An Act To provide for the acquisition of the William Johnson House and its addition to the Natchez National Historical Park, and for other purposes.

Sept. 28, 1990

[H.R. 4501]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

Mississippi.

 ACQUISITION OF WILLIAM JOHNSON HOUSE. (a) Inclusion Within Natchez National Historical Park.— Section 2(b) of the Act entitled “An Act to create a national park at Natchez, Mississippi” (16 U.S.C. 410oo–1(b)) is amended by inserting after paragraph (2) the following new paragraph: “(3)

Real property.

Gifts and property.

 The lands and structures known as the William Johnson House, together with all personal property located on such lands, and the building adjacent thereto which bears a common wall.”. (b) Acquisition Authority.—Section 3 of such Act (16 U.S.C. 410oo–2) is amended— (1) by striking “paragraph (1) or (2)” and inserting “paragraph (1), (2), or (3)”; and (2) by adding at the end the following: “The Secretary may not acquire the property referred to in paragraph (3) of section 2(b) except by donation.”.
Approved September 28, 1990.
LEGISLATIVE HISTORY—H.R. 4501: HOUSE REPORTS: No. 101–550 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–424 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 25, considered and passed House.

Sept. 11, considered and passed Senate.

 Public Law 101–400: To authorize a study on methods to commemorate the nationally significant highway known as Route 66, and for other purposes. Public Law 400 Public Law 101–400 104 Stat. 861 1990-09-28 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 2025-06-19 101public 104 STAT. 861 Public Law 101–400 101st Congress
An Act To authorize a study on methods to commemorate the nationally significant highway known as Route 66, and for other purposes.

Sept. 28, 1990

[S. 963]

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

Route 66 Study Act of 1990.
SECTION 1. SHORT TITLE. This Act may be cited as the “Route 66 Study Act of 1990”.
SEC. 2. FINDINGS. The Congress finds that— (1) United States Route 66, the 2,000 mile highway from Chicago, Illinois, to Santa Monica, California, played a significant role in the 20th century history of our Nation, including the westward migration from the Dust Bowl and the increase in tourist travel; (2) Route 66, an early example of the 1926 National Highway System program, transverses the States of Illinois, Missouri, Kansas, Oklahoma, Texas, New Mexico, Arizona, and California; (3) Route 66 has become a symbol of the American people’s heritage of travel and their legacy of seeking a better life and has been enshrined in American popular culture; (4) although the remnants of Route 66 are disappearing, many structures, features, and artifacts of Route 66 remain; and (5) given the interest by organized groups and State governments in the preservation of features associated with Route 66, the route’s history, and its role in American popular culture, a coordinated evaluation of preservation options should be undertaken.
SEC. 3. STUDY AND REPORT BY THE NATIONAL PARK SERVICE. (a) Study.— (1) The Secretary of the Interior, acting through the Director of the National Park Service and in cooperation with the respective States, shall coordinate a comprehensive study of United States Route 66. Such study shall include an evaluation of the significance of Route 66 in American history, options for preservation and use of remaining segments of Route 66, and options for the preservation and interpretation of significant features associated with the highway. The study shall consider private sector preservation alternatives. (2) The study shall include participation by representatives from each of the States traversed by Route 66, the State historic preservation offices, representatives of associations interested in the preservation of Route 66 and its features, and persons knowledgeable in American history, historic preservation, and popular culture. (b) Report.— Not later than two years from the date that funds are made available for the study referred to in subsection (a), the Secretary shall transmit such study to the Committee on Energy 104 STAT. 862and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. (c) Limitation.—Nothing in this Act shall be construed to authorize the National Park Service to assume responsibility for the maintenance of United States Route 66.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated $200,000 to carry out the provisions of this Act.
Approved September 28, 1990.
LEGISLATIVE HISTORY—S. 963 (H.R. 3493): HOUSE REPORTS: No. 101–637 accompanying H.R. 3493 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–89 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Aug. 2, considered and passed Senate.

Vol. 136 (1990): July 30, H.R. 3493 considered and passed House.

July 31, S. 963 considered and passed House, amended, in lieu of H.R. 3493.

Sept. 13, Senate concurred in House amendment.

 Public Law 101–401: To designate certain lands in the State of Maine as wilderness. Public Law 401 Public Law 101–401 104 Stat. 863 1990-09-28 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 2025-06-19 101public 104 STAT. 863 Public Law 101–401 101st Congress
An Act To designate certain lands in the State of Maine as wilderness.

Sept. 28, 1990

[S. 2205]

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

Maine Wilderness Act of 1990.

Environmental protection.

National Wilderness Preservation System.

National Forest System.

16 USC 1132 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Maine Wilderness Act of 1990”.
SEC. 2. DESIGNATION OF WILDERNESS AREAS. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131–1136), certain lands in the White Mountain National Forest, in the State of Maine— (1) which comprise approximately twelve thousand acres, as generally depicted on a map entitled “Caribou-Speckled Mountain Wilderness—Proposed”, dated January 1987; and (2) which shall be known as the Caribou-Speckled Mountain Wilderness, are hereby designated wilderness, and, therefore, as components of the National Wilderness Preservation System.
SEC. 3. MAPS AND DESCRIPTIONS. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. The map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typo-graphical errors in such map and description may be made by the Secretary. The map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.
SEC. 4. ADMINISTRATION OF WILDERNESS. Subject to valid existing rights, the wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.
SEC. 5. WILDERNESS REVIEW CONCERNS. (a) Findings.—The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the Maine section of 104 STAT. 864the White Mountain National Forest and of the environmental impacts associated with alternative allocations of such areas. (b) Determination.— On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in the State of Maine; such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Maine; (2) with respect to the National Forest System lands in the State of Maine which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE ID and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suit-ability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Maine reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Maine are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Maine for the purpose of determining their suit-ability for inclusion in the National Wilderness Preservation System. 104 STAT. 865 (c) Revision.—As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term “revision” shall not include an “amendment” to a plan. (d) Application of Section.—The provisions of this section shall also apply to National Forest System roadless lands in the State of Maine which are less than 5,000 acres in size.
SEC. 6. PROHIBITION ON BUFFER ZONES.Congress does not intend that the designation of a wilderness area in the State of Maine lead to the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.
SEC. 7. CONTROL OF FIRE. INSECTS, AND DISEASES.As provided in section 4(d)(1) of the Wilderness Act, such measures may be taken within wilderness areas designated by this Act as may be necessary in the control of fire, insects, and diseases, subject to applicable laws and such additional reasonable conditions as the Secretary deems desirable.
SEC. 8. STATE FISH AND WILDLIFE AUTHORITY.As provided in section 4(d)(7) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Maine with respect to wildlife and fish in the national forests in Maine.
Approved September 28, 1990.
LEGISLATIVE HISTORY—S. 2205 (H.R. 4145): HOUSE REPORTS: No. 101–497 Pt. 1 (Comm. on Interior and Insular Affairs) accompanying H.R. 4145 and No. 101–714 (Comm. on Agriculture). SENATE REPORTS: No. 101–299 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD. Vol. 136 (1990):

June 6, considered and passed Senate.

Sept. 17, considered and passed House.

 Public Law 101–402: To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes. Public Law 402 Public Law 101–402 104 Stat. 866 1990-10-01 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 2025-06-19 101public 104 STAT. 866 Public Law 101–402 101st Congress
An Act To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes.

Oct. 1, 1990

[H.R. 5747]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EMERGENCY LOW INCOME HOUSING PRESERVATION ACT OF 1987.Section 203(a) of the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 17151 note) is amended by striking “September 30, 1990” and inserting “October 31, 1990”.
SEC. 2. INTERAGENCY COUNCIL ON THE HOMELESS.Section 209 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11319) is amended by striking “October 1, 1990” and inserting “October 31, 1990”.
SEC. 3. FHA MORTGAGE LIMIT.Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended by striking “during fiscal year 1990” and inserting “until October 31, 1990”.
Approved October 1, 1990.
LEGISLATIVE HISTORY—H.R. 5747: CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 28, considered and passed House and Senate.

 Public Law 101–403: Making continuing appropriations for the fiscal year 1991, supplemental appropriations for “Operation Desert Shield” for the fiscal year 1990, and for other purposes. Public Law 403 Public Law 101–403 104 Stat. 867 1990-10-01 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 2025-06-19 101public 104 STAT. 867 Public Law 101–403 101st Congress
Joint Resolution Making continuing appropriations for the fiscal year 1991, supplemental appropriations for “Operation Desert Shield” for the fiscal year 1990, and for other purposes.

Oct. 1, 1990

[H.J. Res. 655]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for the fiscal year 1991, and for other purposes, namely:
<num value="I">TITLE I—</num><heading class="inline">CONTINUING APPROPRIATIONS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline"> <p class="inline">Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1990 and for which appropriations, funds, or other authority would be available in the following appropriations Acts:</p> <list> <listItem><listContent class="indent1 fontsize10 depth0">The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The District of Columbia Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Energy and Water Development Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, notwithstanding section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Military Construction Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Department of Transportation and Related Agencies Appropriations Act, 1991;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Treasury, Postal Service, and General Government Appropriations Act, 1991; and</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whenever the amount which would be made available or the authority which would be granted under an Act listed in this section as passed by the House as of October 1, 1990, is different from that which would be available or granted under such Act as passed by the Senate as of October 1, 1990, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: <proviso><i>Provided</i>, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1990, the pertinent project or activity shall be continued under the appropria-<page identifier="/us/stat/104/868">104 STAT. 868</page> tion, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990.</proviso> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Whenever an Act listed in this section has been passed by only the House as of October 1, 1990, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for operations not exceeding the current rate or the rate permitted by the action of the House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990: <proviso><i>Provided</i>, That where an item is funded in applicable appropriations Acts for the fiscal year 1990 and not included in the version passed by the House as of October 1, 1990, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1990, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990.</proviso> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><content>Such amounts as may be necessary to continue existing programs and activities (not otherwise specifically provided for in this joint resolution) which were conducted in fiscal year 1990, under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1990, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990, for which provision was made in the following Acts: The Department of the Interior and Related Agencies Appropriations Act, 1990, and the Legislative Branch Appropriations Act, 1990.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><content>Such amounts as may be necessary to continue existing programs and activities, which were conducted in fiscal year 1990, for which provision was made in the Department of Defense Appropriations Act, 1990, but such activities shall be funded at not to exceed an annual rate for new obligational authority of $262,969,000,000, and this level shall be distributed on a pro rata basis to each appropriation account utilizing the fiscal year 1991 amended budget request as the base for such distribution and shall be available under the terms and conditions provided for in the applicable appropriations Acts for fiscal year 1990, notwithstanding section 502(a)(1) of the National Security Act of 1947: <proviso><i>Provided</i>, That no appropriation or funds made available or authority granted pursuant to this section shall be used for new production of items not funded for production in fiscal year 1990 or prior years, for the increase in production rates above those sustained with fiscal year 1990 funds, or to initiate, resume, or continue any project, activity, operation, or organization which are defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element and for investment items are further defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item which includes a program element and subprogram element within an appropriation account, for which appropriations, funds, or other authority were not available during the fiscal year 1990, except projects, activities, operations, or organizations relating to “Operation Desert Shield”:</proviso> <proviso><i>Provided further</i>, That no appropriation or funds made available or authority granted pursuant to this section shall be used to initiate <page identifier="/us/stat/104/869">104 STAT. 869</page> multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later:</proviso> <proviso><i>Provided further</i>, That no appropriation or funds made available or authority granted pursuant to this section for procurement and research, development, test, and evaluation, shall be used to fund any program, project, activity, operation, or organization at a rate for operations in excess of the current rate or the rate provided for in the budget estimates for fiscal year 1991, whichever is lower, during fiscal year 1991, except programs, projects, activities, operations, or organizations relating to “Operation Desert Shield.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><content>Notwithstanding any other provision of this joint resolution, such amounts as may be necessary to continue the Aerostat Program of the United States Customs Service which was conducted in fiscal year 1990 at a rate of operations not exceeding the current rate and under the authority and conditions provided in the applicable appropriations Act for the fiscal year 1990.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><content>Appropriations made by sections 101, 102, 103, and 104 shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><content>No appropriation or funds made available or authority granted pursuant to sections 101, 102, 103, and 104 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1990.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><content>No provision which is included in an appropriations Act enumerated in section 101 but which was not included in the applicable appropriations Act for fiscal year 1990, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><content>Unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to title I of this joint resolution shall be available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) the enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) October 5,1990, whichever first occurs.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num><content>Appropriations made and authority granted pursuant to title I of 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.</content> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num><content>Expenditures made pursuant to title I of this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><content>No provision in any appropriations Act for the fiscal year 1991 referred to in section 101 of this joint resolution that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 108(c) of this joint resolution.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num><content>Appropriations and funds made available by or authority granted pursuant to title I of this joint resolution may be used without regard to the time limitations for submission and approval <page identifier="/us/stat/104/870">104 STAT. 870</page>of apportionments set forth in section 1513 of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds.</content> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t2/s902">2 USC 902 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is suspended and no action shall be taken to implement any such order.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <sidenote><p class="indent0 firstIndent0 fontsize8">Termination date.</p></sidenote> <content>Subsection (a) shall cease to be effective on the date set forth in section 108(c).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num><sidenote><p class="indent0 firstIndent0 fontsize8">Egypt.</p></sidenote><content>The provisions of section 518 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, and any comparable provision contained in or incorporated by reference by a joint resolution making continuing appropriations for foreign operations, export financing, and related programs for fiscal year 1991, shall not operate to prohibit the furnishing of assistance for Egypt pursuant to any program for which funds are <sidenote><p class="indent0 firstIndent0 fontsize8">Termination date.</p></sidenote>appropriated under such Acts: <proviso><i>Provided</i>, That the authority contained in this section to furnish assistance notwithstanding section 518 of such Act, and comparable provisions contained in a subsequent Act for fiscal year 1991, shall expire on December 31, 1990.</proviso></content> </section> <section> <heading><inline class="smallCaps">Extension of Certain Medicare Hospital Payment Provisions</inline></heading> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395">42 USC 1395 ww note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <heading><inline class="smallCaps">Extension of Area Wage Index</inline>.—</heading><content>For purposes of determining the amount of payment made to a hospital under part A of title XVIII of the Social Security Act for the operating costs of inpatient hospital services for discharges occurring on or after October 1, 1990, and on or before October 20, 1990, the Secretary of Health and Human Services, in adjusting such amount under section 1886(d)(3)(E) of such Act to reflect the relative hospital wage level in the geographic area of the hospital compared to the national average hospital wage index, shall apply the area wage index applicable to such hospital as of September 30, 1990.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Extension of Regional Floor on Standardized Amounts</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 1886(d)(1)(A)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(A)(iii)) is amended by striking “<quotedText>September 30, 1990,</quotedText>” and inserting “<quotedText>October 20,1990, </quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395">42 USC 1395 ww note</ref>.</p></sidenote> <content>The Secretary of Health and Human Services shall make any adjustments resulting from the amendment made by paragraph (1) in the amount of the payments made to hospitals under section 1886(d) of the Social Security Act in a fiscal year for the operating costs of inpatient hospital services in a manner that ensures that the aggregate payments under such section are not greater or less than those that would have been made in the year without such adjustments.</content> </paragraph> </subsection> </section> 104 STAT. 871 <num value="II">TITLE II—</num><heading class="inline">SUPPLEMENTAL APPROPRIATIONS FOR OPERATION DESERT</heading> <appropriations level="major"><heading>SHIELD DEPARTMENT OF DEFENSE</heading> <heading>MILITARY PERSONNEL</heading> <appropriations level="intermediate"><heading>Military Personnel, Army</heading> <content>For an additional amount for fiscal year 1990 for “Military personnel, Army”, $123,100,000.</content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Navy</heading> <content>For an additional amount for fiscal year 1990 for “Military personnel, Navy”, $44,500,000. </content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Marine Corps</heading> <content>For an additional amount for fiscal year 1990 for “Military personnel, Marine Corps”, $33,700,000. </content> </appropriations> <appropriations level="intermediate"><heading>Military Personnel, Air Force</heading> <content>For an additional amount for fiscal year 1990 for “Military personnel, Air Force”, $77,000,000. </content> </appropriations> <appropriations level="intermediate"><heading>Reserve Personnel, Army</heading> <content>For an additional amount for fiscal year 1990 for “Reserve personnel, Army”, $2,700,000. </content> </appropriations> </appropriations> <appropriations level="major"><heading>OPERATION AND MAINTENANCE</heading> <appropriations level="intermediate"><heading>Operation and Maintenance, Army</heading> <subheading class="smallCaps">(including transfer of funds)</subheading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Army”, $643,963,000, and in addition, $75,037,000 which shall be derived by transfer from “Procurement of Ammunition, Army, 1988/1990”.</content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Navy</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Navy”, $279,400,000. </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Marine Corps</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Marine Corps”, $47,300,000. </content> </appropriations> <page identifier="/us/stat/104/872">104 STAT. 872</page> <appropriations level="intermediate"><heading>Operation and Maintenance, Air Force</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Air Force”, $320,300,000. </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Defense Agencies</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Defense Agencies”, $18,200,000. </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air Force Reserve</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Air Force Reserve”, $12,300,000. </content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air National Guard</heading> <content>For an additional amount for fiscal year 1990 for “Operation and maintenance, Air National Guard”, $6,200,000. </content> </appropriations> </appropriations> <appropriations level="major"><heading>PROCUREMENT</heading> <appropriations level="intermediate"><heading>Other Procurement, Army</heading> <content>For an additional amount for “Other procurement, Army”, $10,000,000, to remain available for obligation until September 30, 1992. </content> </appropriations> </appropriations> <appropriations level="major"><heading>RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation, Navy</heading> <content>For an additional amount for “Research, development, test, and evaluation, Navy” in support of the unrelated marrow donor program, $9,000,000, to remain available for obligation until <sidenote><p class="indent0 firstIndent0 fontsize8">Grant programs—health.</p></sidenote>September 30, 1991: <proviso><i>Provided</i>, That not less than $6,500,000 shall be provided as a grant to the National Marrow Donor Program Foundation.</proviso> </content> </appropriations> </appropriations> <appropriations level="major"><heading>REVOLVING AND MANAGEMENT FUNDS</heading> <appropriations level="intermediate"><heading>Defense Stock Fund</heading> <content>For an additional amount for fiscal year 1990 for “Defense stock fund”, $400,000,000. </content> </appropriations> </appropriations> <level> <heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><content class="inline">Funds appropriated or otherwise made available by this title are available only for obligation and expenditure to liquidate obligations undertaken pursuant to section 3732 of the Revised Statutes (41 U.S.C. 11), however, funds appropriated or otherwise made available by this title for “Other Procurement, Army” and “Research, Development, Test, and Evaluation, Navy” shall be exempt from the provisions of this section.</content> </section> </level> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><heading><inline class="smallCaps">Authority to Accept Contributions</inline>.—</heading> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num><content>Chapter 155 of title 10, United States Code, is amended by adding at the end the following new section: <page identifier="/us/stat/104/873">104 STAT. 873</page> <quotedContent> <section> <num value="2608">“§ 2608. </num><heading>Acceptance of contributions for defense programs, projects, and activities</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num><heading class="smallCaps">Acceptance Authority.—</heading> <content>The Secretary of Defense may accept from any person, foreign government, or international organization any contribution of money or real or personal property made by such person, foreign government, or international organization for use by the Department of Defense.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num><heading class="smallCaps">Establishment of Defense Cooperation Account.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>There is established in the Treasury of the United States a special account to be known as the ‘Defense Cooperation Account’.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Contributions of money and proceeds from the sale of any property accepted by the Secretary of Defense under subsection (a) shall be credited to the Defense Cooperation Account.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num><heading class="smallCaps">Use of the Defense Cooperation Account.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Funds in the Defense Cooperation Account may be appropriated for a function described in section 114 of this title only to the extent that the appropriation of such funds for such purpose is authorized in accordance with that section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Funds in the Defense Cooperation Account shall not be made available for obligation or expenditure except to the extent and in the manner provided in subsequent appropriations Acts.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading class="smallCaps">Use of Property.—</heading> <chapeau class="inline">Any contribution of property received under this section may be—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>retained and used by the Department of Defense in the form in which it was donated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>sold or otherwise disposed of upon such terms and conditions and in accordance with such procedures as the Secretary determines appropriate; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>converted into a form usable by the Department of Defense.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num><heading class="smallCaps">Reporting Requirement.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Not later than 30 days after the end of each quarter of each fiscal year, the Secretary of Defense shall submit to Congress a report on contributions of property accepted by the Secretary under this section during the preceding quarter. The Secretary shall include in each such report a description of all property having a value of more than $1,000,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In computing the value of any property referred to in paragraph (1), the Secretary shall aggregate the value of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>similar items of property accepted by the Secretary during the quarter concerned; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num><heading class="smallCaps">Authority to Use Property.—</heading> <content>Property accepted under subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property may not be used in connection with any program, project, or activity if the use of such property would result in the violation of any prohibition or limitation otherwise applicable to such program, project, or activity.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num><heading class="smallCaps">Investment of Money.—</heading> <paragraph class="inline"><content>Upon request by the Secretary of Defense, the Secretary of the Treasury may invest money in the Defense Cooperation Account in securities of the United States or in securities guaranteed as to principal and interest by the United States.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any interest or other income that accrues from investment in securities referred to in paragraph (1) shall be deposited to the credit of the Defense Cooperation Account.</content> </paragraph> </subsection> <page identifier="/us/stat/104/874">104 STAT. 874</page> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num><heading class="smallCaps">Notification of Conditions.—</heading> <content>The Secretary of Defense shall notify Congress of any condition imposed by the donor on the use of any contribution accepted by the Secretary under the authority of this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num><heading class="smallCaps">Annual Audit by GAO.—</heading> <content>The Comptroller General of the United States shall conduct an annual audit of money and property accepted by the Secretary of Defense under this section and shall submit a copy of the results of each such audit to Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">“(j) </num><heading class="smallCaps">Items Included as Contributions.—</heading> <content>In this section, the term ‘contribution’ includes a devise of real property or a bequest of personal property.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">“(k) </num><heading class="smallCaps">Regulations.—</heading> <content>The Secretary of Defense shall prescribe regulations to carry out this section.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The table of sections at the beginning of such chapter is amended by inserting at the end the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“2608. </designator> <label>Acceptance of contributions and services for defense programs, projects, and activities.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num><heading class="smallCaps">Conforming Repeal.—</heading> <content>The Act entitled “An Act to authorize the acceptance of conditional gifts to further the defense effort” approved July 27, 1954 (68 Stat. 566; 50 U.S.C. 1151 et seq.), is repealed.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t50/s1151">50 USC 1151 note</ref>.</p></sidenote><heading class="smallCaps">Transfer of Funds.—</heading> <content>Any money in the special account provided for in section 3 of the Act referred to in subsection (b) on the date of the enactment of this Act shall be credited to the Defense Cooperation Account provided for in section 2608(b) of title 10, United States Code, as added by subsection (a).</content> </subsection> </section> <num value="III">TITLE III—</num><heading class="inline">SUPPLEMENTAL APPROPRIATIONS FOR EMERGENCY REFUGEE ASSISTANCE</heading> <appropriations level="major"><heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>United States Emergency Refugee and Migration Assistance Fund</heading> <content>For an additional amount for the “United States Emergency Refugee and Migration Assistance Fund”, $10,000,000 to remain available until expended.</content> </appropriations> </appropriations> Approved October 1, 1990.
LEGISLATIVE HISTORY—H.J. Res. 655: HOUSE REPORTS: No. 101–754 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 30, considered and passed House and Senate.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 26 (1990):

Oct. 1, Presidential remarks.

 Public Law 101–404: To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the United Services Organization. Public Law 404 Public Law 101–404 104 Stat. 875 1990-10-02 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 2025-06-19 101public 104 STAT. 875 Public Law 101–404 101st Congress
An Act To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the United Services Organization.

Oct. 2, 1990

[H R. 2761]

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

United Services Organization–s 50th Anniversary Commemorative Coin Act.

31 USC 5112 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “United Services Organization’s 50th Anniversary Commemorative Coin Act”.
SEC. 2. USO COMMEMORATIVE COINS.The Secretary of the Treasury (hereafter in this Act referred to as

31 USC 5112 note.

 the “Secretary”) shall mint and issue coins in accordance with this Act to commemorate the 50th anniversary of the United Services Organization (hereafter in this Act referred to as the “USO”).
SEC. 3. SPECIFICATIONS OF COINS.

31 USC 5112 note.

 (a) In General.—The Secretary shall mint and issue not more than 1,000,000 one dollar silver coins, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) be composed of 90 percent silver and 10 percent copper. (b) Legal Tender.—The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.— For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.
SEC. 4. SOURCES OF BULLION.

Silver.

31 USC 5112 note.

The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 5. DESIGN OF COINS.

31 USC 5112 note.

 (a) In General.— The design of the coins shall, in accordance with subsection (b), be emblematic of the services provided by the USO to military service personnel and families. Each coin shall bear a designation of the value of the coin, an inscription of the year “1991”, and inscriptions of the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”. (b) Selection.— The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the President of the USO and the United States Commission of Fine Arts.
SEC. 6. ISSUANCE OF COINS.

31 USC 5112 note.

 (a) Quality of Coins.—Coins minted under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.—Not more than 1 facility of the Bureau of the Mint may be used to strike any particular quality of the coins minted under this Act. 104 STAT. 876 (c) Period of Issuance.—The Secretary may issue the coins minted under this Act during the 1-year period beginning at the end of the 6-month period beginning on the date of the enactment of this Act. (d) Contract Consultation.—A contract involving the promotion, advertising, or marketing of coins authorized under this Act may be made by the Secretary after consultation with the President of the USO.
SEC. 7.

31 USC 5112 note.

 SALE OF COINS. (a) In General.—The Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.—The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.—The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharges.—All sales of coins minted under this Act shall include a surcharge of $7 per coin.
SEC. 8.

31 USC 5112 note.

 FINANCIAL ASSURANCES. (a) No Net Cost to Government.—The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government. (b) Payment for Coins.—A coin shall not be issued under this Act unless the Secretary has received— (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Government.
SEC. 9.

31 USC 5112 note.

 USE OF SURCHARGES. (a) In General.—Surcharges received from the sale of coins minted under this Act and deposited in the coinage profit fund under section 12 shall be used as follows: (1) USO programs.—50 percent shall be promptly paid to the USO. Such amounts shall be used by the USO to fund programs, including airport centers, fleet centers, family and community centers, and celebrity entertainment. (2) Reduction of national debt.—50 percent shall be transferred to the general fund of the Treasury for the sole purpose of reducing the national debt. (b) Audit.—The Comptroller General of the United States shall have the right to examine the books, records, documents, and other data of the USO that relate to the expenditure of amounts paid under subsection (a).
SEC. 10. REPORT TO CONGRESS.The Secretary shall submit to the Congress semiannual reports regarding the activities carried out under this Act. The first report shall be submitted at the end of the 1-year period beginning on the 104 STAT. 877date of the enactment of this Act and the last report shall be submitted not later than 6 months after the Secretary ceases to issue coins minted under this Act.
SEC. 11. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

31 USC 5112 note.

 (a) In General.—Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.—Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.
SEC. 12. COINAGE PROFIT FUND.

31 USC 5112 note.

 (a) Deposits.—All amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund. (b) Payments.—The Secretary shall pay the amounts authorized under section 9 from the coinage profit fund. (c) Expenditures.—The Secretary shall charge the coinage profit fund with all expenditures under this Act.
Approved October 2, 1990.
LEGISLATIVE HISTORY—H.R. 2761: CONGRESSIONAL RECORD, Vol. 136 (1990):

May 15, considered and passed House.

Sept. 20, considered and passed Senate.

 Public Law 101–405: To extend the temporary increase in the public debt limit. Public Law 405 Public Law 101–405 104 Stat. 878 1990-10-02 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 2025-06-19 101public 104 STAT. 878 Public Law 101–405 101st Congress
An Act To extend the temporary increase in the public debt limit.

Oct. 2, 1990

[H.R. 5755]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF TEMPORARY INCREASE IN PUBLIC DEBT LIMIT.

Ante, p. 403.

Section 1 of Public Law 101–350 is amended by striking “October 2,1990” and inserting “October 6, 1990”.
Approved October 2, 1990.
LEGISLATIVE HISTORY—H.R. 5755: CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 30, considered and passed House and Senate.

 Public Law 101–406: To authorize the minting of commemorative coins to support the training of American athletes participating in the 1992 Olympic Games. Public Law 406 Public Law 101–406 104 Stat. 879 1990-10-03 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 2025-06-19 101public 104 STAT. 879 Public Law 101–406 101st Congress
An Act To authorize the minting of commemorative coins to support the training of American athletes participating in the 1992 Olympic Games.

Oct. 3, 1990

[H.R. 4962]

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

1992 Olympic Commemorative Coin Act.

31 USC 5112 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “1992 Olympic Commemorative Coin Act”.
SEC. 2. COIN SPECIFICATIONS.

31 USC 5112 note.

 (a) Five Dollar Gold Coins.— (1) Issuance.—The Secretary of the Treasury (hereinafter in this Act referred to as the “Secretary”) shall issue not more than 500,000 $5 coins which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) Design.—The design of such $5 coins shall be emblematic of the participation of American athletes in the 1992 Olympic Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year “1992’’, and inscriptions of the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”. (b) One Dollar Silver Coins.— (1) Issuance.—The Secretary shall issue not more than 4,000,000 $1 coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.—The design of the $1 coins shall be emblematic of the participation of American athletes in the 1992 Olympic Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year “1992”, and inscriptions of the words “Liberty “In God We Trust”, “United States of America”, and “E Pluribus Unum”. (c) Half Dollar Clad Coins.— (1) Issuance.— The Secretary shall issue not more than 6,000,000 half dollar coins each of which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (2) Design.—The design of the half dollar coins shall be emblematic of the participation of American athletes in the 1992 Olympic Games. Each half dollar coin shall bear a designation of the value of the coin, an inscription of the year “1992”, and inscriptions of the words “Liberty”, “In God We Trust”, “United States of America”, and “E Pluribus Unum”. (d) Legal Tender.—The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code.
104 STAT. 880
SEC. 3.

31 USC 5112 note.

 SOURCES OF BULLION. (a) Silver Bullion.—The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. (b) Gold Bullion.—The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law.
SEC. 4.

31 USC 5112 note.

 SELECTION OF DESIGN.The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the United States Olympic Committee and the Commission of Fine Arts.
SEC. 5.

31 USC 5112 note.

 SALE OF THE COINS. (a) Sale Price.—Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.—The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders at a Discount.—The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.—All sales shall include a surcharge of $35 per coin for the $5 coins, $7 per coin for the $1 coins, and $1 per coin for the half dollar coins.
SEC. 6.

31 USC 5112 note.

 ISSUANCE OF THE COINS. (a) Gold Coins.—The $5 coins authorized under this Act shall be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. (b) Silver and Half Dollar Coins.—The $1 coins and the half dollar coins authorized under this Act may be issued in uncirculated and proof qualities, except that not more than 1 facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality. (c) Sunset Provision.—No coins shall be minted under this Act after June 30, 1993.
SEC. 7.

31 USC 5112 note.

 GENERAL WAIVER OF PROCUREMENT REGULATIONS.No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.
SEC. 8.

31 USC 5112 note.

 DISTRIBUTION OF SURCHARGES.All surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic Committee. Such amounts shall be used by the United States Olympic Committee for the objects and purposes of the committee as established in the Amateur Sports Act of 1978.
104 STAT. 881
SEC. 9. AUDITS.

31 USC 5112 note.

The Comptroller General shall have the right to examine such books, records, documents, and other data of the United States Olympic Committee as may be related to the expenditure of amounts paid under section 8.
SEC. 10. COINAGE PROFIT FUND.

31 USC 5112 note.

 Notwithstanding any other provision of law— (1) all amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund; (2) the Secretary shall pay the amounts authorized under this Act from the coinage profit fund; and (3) the Secretary shall charge the coinage profit fund with all expenditures under this Act.
SEC. 11. FINANCIAL ASSURANCES.

31 USC 5112 note.

 (a) No Net Cost to the Government.— The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (b) Adequate Security for Payment Required.—No coin shall be issued under this Act unless the Secretary has received— (1) full payment therefor; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.
Approved October 3, 1990.
LEGISLATIVE HISTORY—H.R. 4962: CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 17, considered and passed House.

Sept. 20, considered and passed Senate.

 Public Law 101–407: To extend the expiration date of the Defense Production Act of 1950. Public Law 407 Public Law 101–407 104 Stat. 882 1990-10-04 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 2025-06-19 101public 104 STAT. 882 Public Law 101–407 101st Congress
An Act To extend the expiration date of the Defense Production Act of 1950.

Oct. 4, 1990

[H.R. 5725]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF THE DEFENSE PRODUCTION ACT OF 1950.The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking “September 30, 1990” and inserting “October 5, 1990”.
Approved October 4, 1990.
LEGISLATIVE HISTORY—H.R. 5725: CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 27, considered and passed House.

Sept. 30, considered and passed Senate, amended.

Oct. 1, House concurred in Senate amendment.

 Public Law 101–408: To authorize grants to improve the capability of Indian tribal governments to regulate environmental quality. Public Law 408 Public Law 101–408 104 Stat. 883 1990-10-04 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 2025-06-19 101public 104 STAT. 883 Public Law 101–408 101st Congress
An Act To authorize grants to improve the capability of Indian tribal governments to regulate environmental quality.

Oct. 4, 1990

[S. 2075]

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

Indian Environmental Regulatory Enhancement Act of 1990.

42 USC 2991 note.
short title Section 1. This Act may be cited as the “Indian Environmental Regulatory Enhancement Act of 1990”.
grant program Sec. 2. Section 803 of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is amended by adding at the end thereof the following new subsection: “(d) (1) The Secretary shall award grants to Indian tribes for the purpose of funding 80 percent of the costs of planning, developing, and implementing programs designed to improve the capability of the governing body of the Indian tribe to regulate environmental quality pursuant to Federal and tribal environmental laws. “(2) The purposes for which funds provided under any grant awarded under paragraph (1) may be used include, but are not limited to— “(A) the training and education of employees responsible for enforcing, or monitoring compliance with, environmental quality laws, “(B) the development of tribal laws on environmental quality, and “(C) the enforcement and monitoring of environmental quality laws. “(3) The 20 percent of the costs of planning, developing, and implementing a program for which a grant is awarded under paragraph (1) that are not to be paid from such grant may be paid by the grant recipient in cash or through the provision of property or services, but only to the extent that such cash or property is from any source (including any Federal agency) other than a program, contract, or grant authorized under this title. “(4) Grants shall be awarded under paragraph (1) on the basis of applications that are submitted by Indian tribes to the Secretary in such form as the Secretary shall prescribe.”.
authorization of appropriations Sec. 3. Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended— (1) by striking out “section 803A” each place it appears and inserting in lieu thereof “sections 803(d) and 803A”, and (2) by adding at the end thereof the following new subsection: 104 STAT. 884 “(d) There are authorized to be appropriated $8,000,000 for each of the fiscal years 1991, 1992, 1993, 1994, 1995, and 1996, for the purpose of carrying out the provisions of section 803(d).”.
Approved October 4, 1990.
LEGISLATIVE HISTORY—S. 2075: HOUSE REPORTS: No. 101–743 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–295 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990):

May 23, considered and passed Senate.

Sept. 24, considered and passed House.

 Public Law 101–409: To authorize the President to call and conduct a National White House Conference on Small Business. Public Law 409 Public Law 101–409 104 Stat. 885 1990-10-05 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 2025-06-19 101public 104 STAT. 885 Public Law 101–409 101st Congress
An Act To authorize the President to call and conduct a National White House Conference on Small Business.

Oct. 5, 1990

[H.R. 4773]

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

White House Conference on Small Business Authorization

15 USC 631 note.
That this Act may be cited as the “White House Conference on Small Business Authorization Act”.
authorization of conference Sec. 2. (a) The President shall call and conduct a National White

State and local governments.

15 USC 631 note.

 House Conference on Small Business (hereinafter referred to as the “National Conference”) not earlier than January 1, 1994, and not later than April 1, 1994, to carry out the purposes described in section 3 of this Act. The National Conference shall be preceded by State conferences, with at least one such conference being held in each State, and with at least two conferences being held in any State with a population of ten million or more. The State conferences shall be held not earlier than December 1, 1992, and at their conclusion shall be followed by regional meetings of delegates in at least six cities prior to the National Conference. (b) Participants in the National Conference and other interested individuals and organizations, are authorized to conduct activities at the State and regional level prior to the date of the National Conference, and shall direct such activities toward the consideration of the purposes of the National Conference. (c) The National Conference shall be conducted under the general supervision and direction of the White House Conference on Small Business Commission (hereinafter referred to as the “Commission”) established in section 5 of this Act.
purpose of conference Sec. 3. The purpose of the National Conference shall be to increase

15 USC 631 note.

 public awareness of the essential contribution of small business; to identify the problems of small business; to examine the status of minorities and women as small business owners; to assist small business in carrying out its role as the Nation’s job creator; to assemble small businesses (particularly those who are not actively involved in small business or trade organizations) to develop such specific and comprehensive recommendations for executive and legislative action as may be appropriate for maintaining and encouraging the economic viability of small business and, thereby, the Nation; and to review the status of recommendations adopted at the 1986 White House Conference on Small Business.
conference participants Sec. 4. (a) In order to carry out the purposes specified in section 3 of this Act, the National Conference shall bring together individuals 104 STAT. 886concerned with issues relating to small business: Provided, That no owner, officer or employee of a small business concern may be denied admission to any State conference, nor may any fee or charge be imposed on any such owner, officer or employee except an amount to cover the cost of any meal provided plus a registration fee of not to exceed $10. The Commission may not impose any fees or charges except as specified in this subsection and may not accept any gifts of money from any source. Amounts collected as fees and charges shall be used solely to pay the cost of meals provided and to defray the expense of meeting rooms. The Commission shall— (1)

Records.

 keep a record of all receipts and disbursements as directed by the Administrator of the Small Business Administration; (2) open and maintain an account in an institution whose accounts are insured by an instrumentality of the United States, into which account all receipts shall be deposited and from which all payments shall be disbursed; and (3)

Reports.

provide such periodic financial reports to the Small Business Administration as the Administrator may request. (b) Delegates, including alternates, to the National Conference shall be elected by participants at the State conferences: Provided, That each Governor and each chief executive official of the political subdivisions enumerated in section 4(a) of the Small Business Act may appoint one delegate and one alternate: Provided further, That each Member of the United States House of Representatives, including each Delegate, and each Member of the United States Senate may appoint one delegate and one alternate: and Provided further, the President may appoint one hundred delegates and alternates. Only owners, employees or corporate officers of small businesses shall be eligible for appointment or election pursuant to this subsection, and delegates may be elected only at the conference for the State in which he or she resides.
commission Sec. 5.

Establishment.

15 USC 631 note.

 (a) There is hereby established a White House Conference on Small Business Commission. The President shall select and appoint eleven individuals. The commissioners shall be responsible for the overall preparation for and conduct of the National Conference, including the issuance of the report specified in section 7 of this Act. (b) At least seven of the individuals appointed shall be small business owners, employees or corporate officers of a small business. Other members may include representatives of businesses (other than small), associations, or educational institutions. (c) Not more than six of the Commissioners shall be of the same political party. No member shall be an officer or employee of the Federal Government, in either the executive branch or the Congress. (d) Commissioners shall be appointed for a term which shall expire on the date the report is submitted, except if the status of any such appointee changes so that he or she would have been ineligible for appointment, such individual may continue as a Commissioner for not longer than a thirty-day period beginning on the date such individual becomes ineligible. (e) A vacancy shall be filled in the manner in which the original appointment was made. 104 STAT. 887 (f) Commissioners shall serve without pay, except they shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their functions in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. (g) Six Commissioners shall constitute a quorum for the transaction of business. Meetings shall be at the call of the Chairperson who shall be designated by the President. (h) The Commission shall have an executive director who shall be appointed by the Chairperson, and such other staff as it deems appropriate. The executive director and other personnel may be appointed without regard to section 531(b) of title 5, United States Code, and without regard to the provisions of such title 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. (i) The Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule. (j) Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carrying out the National Conference without regard to section 3341 of title 5 of the United States Code. Except as otherwise prohibited by law, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon the request of the Chairperson, the head of such department or agency shall promptly furnish such information to the Commission. (k) The Administrator of the General Service Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
planning and administration of conference Sec. 6. (a) In order to facilitate the carrying out of the provisions

15 USC 631 note.

 of this Act, the Administrator of the Small Business Administration— (1) shall provide such assistance as may be necessary for the organization and conduct of conferences at the State and regional levels as authorized under section 2 of this Act; (2) is authorized to enter into contracts with public agencies,

Government contracts.

 private organizations, business entities and academic institutions to carry out the provisions of this Act: Provided, That the Administrator shall coordinate any such contracting in advance with the Commission if it has met and organized; and (3) shall prescribe such financial controls and accounting procedures for the handling of income received by the Commission as fees and charges and the payment by the Commission of authorized meal and meeting room expenses. 104 STAT. 888 (b) The Chief Counsel for Advocacy shall assist in carrying out the provisions of this Act by preparing and providing background materials for use by participants in the National Conference, as well as by participants in State and regional conferences. (c) The White House Conference on Small Business Commission shall conduct appropriate outreach efforts to obtain the participation, at both State conferences and at the National Conference, of individuals who are not actively involved in small business or trade organizations. (d) Expenses.— (1) Each delegate to the National Conference shall pay his or her expenses of attending the Conference. However, prior to the National Conference, any delegate may seek reimbursement from the Conference upon written application establishing that his or her anticipated expenses would constitute a financial burden. (2) The Commission shall adopt rules, guidelines, and procedures to implement this provision. No delegate shall be reimbursed for any expense except transportation, meals and lodging and shall not be reimbursed at more than the rates provided to employees of the Federal Government who travel to Washington, DC, on official business during the time when the National Conference is held. (3) At the beginning of each State conference, all attendees shall be advised of this provision and any rules or procedures adopted by the Commission to implement it. (4) A separate accounting for these reimbursed expenses shall be provided to the Small Business Administration.
reports required Sec. 7.

15 USC 631 note.

 (a) Not more than four months from the date on which the National Conference is convened, a final report of the National Conference shall be submitted to the President and the Congress. The report shall include the findings and recommendations of the delegates as well as proposals for any legislative action necessary to implement their recommendations. The report shall be available to the public. (b) At the same time, the Commission shall— (1) provide a final financial report to the Small Business Administration and shall deliver to the Agency all of its financial books and records; and (2) deposit in the Treasury of the United States, for crediting as miscellaneous receipts, any monies collected as fees and charges pursuant to the authority of this Act which remain unexpended.
follow up actions Sec. 8.

Reports.

15 USC 631 note.

The Small Business Administration shall report to the Congress annually during the three-year period following the submission of the final report of the National Conference on the status and implementation of the findings and recommendations.
availability of funds Sec. 9. (a)

Appropriation authorization.

15 USC 631 note.

There are hereby authorized to be appropriated for fiscal year 1992, or any year thereafter, not to exceed $5,000,000 to carry out the provisions of this Act, and such sums shall remain available until expended. New spending authority or authority to 104 STAT. 889enter contracts as provided in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (b) No funds appropriated to the Small Business Administration shall be made available to carry out the provisions of this Act other than funds appropriated specifically for the purpose of conducting the National Conference. Any funds remaining unexpended at the termination of the National Conference, including submission of the report pursuant to section 7, shall be returned to the Treasury of the United States and credited as miscellaneous receipts.
Approved October 5, 1990.
LEGISLATIVE HISTORY—H.R. 4773: HOUSE REPORTS: No. 101–669 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 10, considered and passed House.

Sept. 18, considered and passed Senate.

 Public Law 101–410: To increase civil monetary penalties based on the effect of inflation. Public Law 410 Public Law 101–410 104 Stat. 890 1990-10-05 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 2025-06-19 101public 104 STAT. 890 Public Law 101–410 101st Congress
An Act To increase civil monetary penalties based on the effect of inflation.

Oct. 5, 1990

[S. 535]

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

Federal Civil Penalties Inflation Adjustment Act of 1990.

28 USC 2461 note.
short title Section 1. This Act may be cited as the “Federal Civil Penalties Inflation Adjustment Act of 1990”.
findings and purpose Sec. 2.

28 USC 2461 note.

 (a) Findings.— The Congress finds that— (1) the power of Federal agencies to impose civil monetary penalties for violations of Federal law and regulations plays an important role in deterring violations and furthering the policy goals embodied in such laws and regulations; (2) the impact of many civil monetary penalties has been and is diminished due to the effect of inflation; (3) by reducing the impact of civil monetary penalties, inflation has weakened the deterrent effect of such penalties; and (4) the Federal Government does not maintain comprehensive, detailed accounting of the efforts of Federal agencies to assess and collect civil monetary penalties. (b) Purpose.— The purpose of this Act is to establish a mechanism that shall— (1) allow for regular adjustment for inflation of civil monetary penalties; (2) maintain the deterrent effect of civil monetary penalties and promote compliance with the law; and (3) improve the collection by the Federal Government of civil monetary penalties.
definitions Sec. 3.

28 USC 2461 note.

For purposes of this Act, the term— (1) “agency” means an Executive agency as defined under section 105 of title 5, United States Code, and includes the United States Postal Service; (2) “civil monetary penalty” means any penalty, fine, or other sanction that— (A) (i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts; and 104 STAT. 891 (3) “Consumer Price Index” means the Consumer Price Index for all-urban consumers published by the Department of Labor.
civil monetary penalty inflation adjustment reports Sec. 4. Within 6 months after the date of the enactment of this

President.

28 USC 2461 note.

 Act, and on January 1 of each fifth calendar year thereafter, the President shall submit a report on civil monetary penalty inflation adjustment to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives. Such report shall include— (1) each civil monetary penalty as defined under section 3(2); (2) the date each civil monetary penalty was most recently set pursuant to law; (3) the maximum amount of each civil monetary penalty or, if applicable, the range of the minimum and maximum amounts of each civil monetary penalty in effect on the date of the submission of such report; (4) the amount of each civil monetary penalty described under paragraph (3) other than any such penalty for which inflation adjustment is provided by law, if each such penalty is increased by the adjustment described under section 5; and (5) a listing of the modifications to Federal law that would be required to— (A) increase each penalty described in paragraph (1) by the adjustments described under section 5, excluding any penalty for which inflation adjustment is provided by law or that has been increased within the 5-year period immediately preceding the date of the submission of such report; and (B) provide that any increase in any civil monetary penalty shall apply only to violations which occur after the date any such increase takes effect.
cost-of-living adjustments of civil monetary penalties Sec. 5. (a) Adjustment.— The adjustment described under paragraphs

28 USC 2461 note.

 (4) and (5)(A) of section 4 shall be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest— (1) multiple of $10 in the case of penalties less than or equal to $100; (2) multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000; (3) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; (4) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000; (5) multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and (6) multiple of $25,000 in the case of penalties greater than $200,000. (b) Definition.—For purposes of subsection (a), the term “cost-of-living adjustment” means the percentage (if any) for each civil monetary penalty by which— 104 STAT. 892 (1) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds (2) the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law.
annual report Sec. 6.

President.

28 USC 2461 note.

No later than January 1 of each year, the President shall submit a report on civil monetary penalties to the Congress which shall include— (1) to the extent possible, the number and amount of civil monetary penalties imposed pursuant to each provision of law providing for such civil monetary penalties, during the complete fiscal year preceding the submission of such report; (2) to the extent possible, the number and amount of such civil penalties collected during such fiscal year; and (3) any recommendations that the President determines appropriate to— (A) eliminate obsolete civil monetary penalties; (B) modify the amount of any civil monetary penalty; or (C) make any other legislative modifications concerning civil monetary penalties.
Approved October 5, 1990.
LEGISLATIVE HISTORY—S. 535: HOUSE REPORTS: No. 101–697 (Comm. on Government Operations). SENATE REPORTS: No. 101–240 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990):

Feb. 22, considered and passed Senate.

Sept. 24, considered and passed House.

 Public Law 101–411: To extend the expiration date of the Defense Production Act of 1950 to October 20, 1990. Public Law 411 Public Law 101–411 104 Stat. 893 1990-10-06 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 2025-06-19 101public 104 STAT. 893 Public Law 101–411 101st Congress
An Act To extend the expiration date of the Defense Production Act of 1950 to October 20, 1990.

Oct. 6, 1990

[S. 3155]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking “October 5, 1990” and inserting “October 20,1990”.
Approved October 6, 1990.
LEGISLATIVE HISTORY—S. 3155: CONGRESSIONAL RECORD. Vol. 136 (1990):

Oct. 3, considered and passed Senate.

Oct. 5, considered and passed House.

 Public Law 101–412: Making further continuing appropriations for the fiscal year 1991, and for other purposes. Public Law 412 Public Law 101–412 104 Stat. 894 1990-10-09 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 2025-06-19 101public 104 STAT. 894 Public Law 101–412 101st Congress
Joint Resolution Making further continuing appropriations for the fiscal year 1991, and for other purposes.

Oct. 9, 1990

[H.J. Res. 666]

 Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for the fiscal year 1991, and for other purposes, namely:
Sec. 101. (a)

Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1990 and for which appropriations, funds, or other authority would be available in the following appropriations Acts:

The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991; The District of Columbia Appropriations Act, 1991; The Energy and Water Development Appropriations Act, 1991; The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, notwithstanding section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956; The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991; The Military Construction Appropriations Act, 1991; The Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991; The Department of Transportation and Related Agencies Appropriations Act, 1991; The Treasury, Postal Service, and General Government Appropriations Act, 1991; and The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991. (b) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this section as passed by the House as of October 1, 1990, is different from that which would be available or granted under such Act as passed by the Senate as of October 1, 1990, or at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That where an item is included in only one version of an Act as passed by both Houses as of October 1, 1990, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by 104 STAT. 895the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990. (c) Whenever an Act listed in this section has been passed by only the House as of October 1, 1990, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the House, at a rate for operations not exceeding the current rate or the rate permitted by the action of the House, whichever is lower, and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990: Provided, That where an item is funded in applicable appropriations Acts for the fiscal year 1990 and not included in the version passed by the House as of October 1, 1990, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1990, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990.
Sec. 102. Such amounts as may be necessary to continue existing programs and activities (not otherwise specifically provided for in this joint resolution) which were conducted in fiscal year 1990, under the appropriation, fund, or authority granted by applicable appropriations Acts for the fiscal year 1990, at a rate for operations not exceeding the current rate and under the authority and conditions provided in applicable appropriations Acts for the fiscal year 1990, for which provision was made in the following Acts: The Department of the Interior and Related Agencies Appropriations Act, 1990, and the Legislative Branch Appropriations Act, 1990.
Sec. 103. Such amounts as may be necessary to continue existing programs and activities, which were conducted in fiscal year 1990, for which provision was made in the Department of Defense Appropriations Act, 1990, but such activities shall be funded at not to exceed an annual rate for new obligational authority of $265,369,000,000, and this level shall be distributed on a pro rata basis to each appropriation account utilizing the fiscal year 1991 amended budget request as the base for such distribution and shall be available under the terms and conditions provided for in the applicable appropriations Acts for fiscal year 1990, notwithstanding section 502(a)(1) of the National Security Act of 1947: Provided, That no appropriation or funds made available or authority granted pursuant to this section shall be used for new production of items not funded for production in fiscal year 1990 or prior years, for the increase in production rates above those sustained with fiscal year 1990 funds, or to initiate, resume, or continue any project, activity, operation, or organization which are defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element and for investment items are further defined as a P–1 line item in a budget activity within an appropriation account and an R–l line item which includes a program element and subprogram element within an appropriation account, for which appropriations, funds, or other authority were not available during the fiscal year 1990, except projects, activities, operations, or organizations relating to “Operation Desert Shield”: Provided further, That no appropriation or funds made available or authority granted pursuant to this section shall be used to initiate multi-year procurements utilizing advance procurement funding for 104 STAT. 896 economic order quantity procurement unless specifically appropriated later: Provided further, That no appropriation or funds made available or authority granted pursuant to this section for procurement and research, development, test, and evaluation, shall be used to fund any program, project, activity, operation, or organization at a rate for operations in excess of the current rate or the rate provided for in the budget estimates for fiscal year 1991, whichever is lower, during fiscal year 1991, except programs, projects, activities, operations, or organizations relating to “Operation Desert Shield”.
Sec. 104. Notwithstanding any other provision of this joint resolution, such amounts as may be necessary to continue the Aerostat Program of the United States Customs Service which was conducted in fiscal year 1990 at a rate of operations not exceeding the current rate and under the authority and conditions provided in the applicable appropriations Act for the fiscal year 1990.
Sec. 105. Appropriations made by sections 101, 102, 103, and 104 shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act.
Sec. 106. No appropriation or funds made available or authority granted pursuant to sections 101, 102, 103, and 104 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1990.
Sec. 107. No provision which is included in an appropriations Act enumerated in section 101 but which was not included in the applicable appropriations Act for fiscal year 1990, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution.
Sec. 108. 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 until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) the enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) October 19, 1990, whichever first occurs.
Sec. 109. 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. 110. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 111. No provision in any appropriations Act for the fiscal year 1991 referred to in section 101 of this joint resolution that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 108(c) of this joint resolution.
Sec. 112. Appropriations and funds made available by or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, 104 STAT. 897but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds.
Sec. 113. (a) Any order on sequestration for fiscal year 1991 issued

2 USC 902 note.

 before, on, or after the date of enactment of this joint resolution pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is suspended and no action shall be taken to implement any such order. (b) Subsection (a) shall cease to be effective on the date set forth in

Termination date.

 section 108(c).
extension of temporary increase in public debt limit Sec. 114. Section 1 of Public Law 101–350 is amended by striking

Ante, p. 403.

 “October 6, 1990” and inserting “October 19, 1990”.
Sec. 115. (a) It is the sense of Congress that the date by which committees should report their reconciliation language to their respective Budget Committees should be October 12. (b) The Budget Committees should report the reconciliation bills no later than close of business October 13. (c) It is the sense of the Senate that the Senate should begin consideration of the reconciliation bill on the first day of session following its report by the Budget Committee.
Approved October 9, 1990.
LEGISLATIVE HISTORY—H.J. Res 666: CONGRESSIONAL RECORD. Vol. 136 (1990):

Oct. 7, considered and passed House.

Oct. 8, considered and passed Senate, amended. House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Oct. 9, Presidential statement.

 Public Law 101–413: To designate October 6, 1990, as “German-American Day”. Public Law 413 Public Law 101–413 104 Stat. 898 1990-10-11 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 2025-06-19 101public 104 STAT. 898 Public Law 101–413 101st Congress
Joint Resolution To designate October 6, 1990, as “German-American Day”.

Oct. 11, 1990

[H.J. Res. 469]

 Whereas the tricentennial of the arrival of the first German immigrants to the United States was celebrated on October 6, 1983; Whereas such day was proclaimed by the President to be German-American Day in honor of the contributions made by German immigrants to the life and culture of the United States; Whereas such contributions should be recognized and celebrated every year; and Whereas the German-American Friendship Garden, symbolic of friendly relations between West Germany and the United States, was dedicated in the District of Columbia on November 15, 1988: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 6, 1990, is designated as “German-American Day’’. The President is requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities.
Approved October 11, 1990.
LEGISLATIVE HISTORY—H.J. Res 469 (S.J. Res. 277): CONGRESSIONAL RECORD, Vol. 136 (1990):

July 31, considered and passed House.

Sept. 28, considered and passed Senate.

 Public Law 101–414: To designate the month of October 1990 as “Country Music Month”. Public Law 414 Public Law 101–414 104 Stat. 899 1990-10-11 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 2025-06-19 101public 104 STAT. 899 Public Law 101–414 101st Congress
Joint Resolution To designate the month of October 1990 as “Country Music Month”.

Oct. 11, 1990

[H.J. Res. 603]

 Whereas country music derives its roots from the folk songs of our Nation’s workers, captures the spirit of our religious hymns, reflects the sorrow and joy of our traditional ballads, and echoes the drive and soulfulness of rhythm and blues; Whereas country music has played an integral part in our Nation’s history, accompanying the growth of the Nation and reflecting the ethnic and cultural diversity of our people; Whereas country music embodies a spirit of America and the deep and genuine feelings individuals experience throughout their lives; Whereas the distinctively American refrains of country music have been performed for audiences throughout the world, striking a chord deep within the hearts and souls of its fans; and Whereas October 1990 marks the twenty-sixth annual observance of Country Music Month: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the month of October 1990 is designated as “Country Music Month”, and that the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities.
Approved October 11, 1990.
LEGISLATIVE HISTORY—H.J. Res 603 (S.J. Res. 365): CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 17, considered and passed House.

Sept. 28, considered and passed Senate.

 Public Law 101–415: Designating October 1990 as “National Breast Cancer Awareness Month”. Public Law 415 Public Law 101–415 104 Stat. 900 1990-10-11 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 2025-06-19 101public 104 STAT. 900 Public Law 101–415 101st Congress
Joint Resolution Designating October 1990 as “National Breast Cancer Awareness Month”.

Oct. 11, 1990

[S.J. Res. 301]

 Whereas breast cancer will strike an estimated 150,000 women and 900 men in the United States in 1990; Whereas one out of every ten women will develop breast cancer at some point in her life; Whereas the risk of developing breast cancer increases as a woman grows older; Whereas breast cancer is the second leading cause of cancer death in women, killing an estimated 43,000 women and 300 men in 1989; Whereas the 5-year survival rate for localized breast cancer has risen from 78 percent in the 1940s to over 90 percent today; Whereas most breast cancers are detected by the woman herself; Whereas educating both the public and physicians about the importance of early detection will result in reducing breast cancer mortality; Whereas appropriate use of screening mammography, in conjunction with clinical examination and breast self-examination, can result in the detection of many breast cancers early in their development and increase the survival rate to nearly 100 percent; Whereas data from controlled trials clearly demonstrate that deaths from breast cancer are significantly reduced in women over the age of 40 by using mammography as a screening tool; Whereas women do not have mammograms for a variety of reasons, such as the cost of testing, lack of information, and fear; Whereas access to screening mammography is directly related to socioeconomic status; Whereas increased awareness about the importance of screening mammography will result in the procedure being regularly requested by the patient and recommended by the health care provider; and Whereas it is projected that more women will use this lifesaving test as it becomes increasingly available and affordable: Now, therefore, be it 104 STAT. 901 Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 1990 is designated as “National Breast Cancer Awareness Month”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate programs and activities.
Approved October 11, 1990.
LEGISLATIVE HISTORY—S.J. Res. 301: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 18, considered and passed Senate.

Oct. 1, considered and passed House.

 Public Law 101–416: To grant a temporary extension on the authority under which the Government may accept the voluntary services of private-sector executives; to clarify the status of Federal employees assigned to private-sector positions while participating in an executive exchange program; and for other purposes. Public Law 416 Public Law 101–416 104 Stat. 902 1990-10-12 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 2025-06-19 101public 104 STAT. 902 Public Law 101–416 101st Congress
An Act To grant a temporary extension on the authority under which the Government may accept the voluntary services of private-sector executives; to clarify the status of Federal employees assigned to private-sector positions while participating in an executive exchange program; and for other purposes.

Oct. 12, 1990

[H.R. 5643]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.

5 USC 4103 note.

 TEMPORARY EXTENSION OF AUTHORITY RELATING TO PRIVATE-SECTOR EXECUTIVES PERFORMING VOLUNTARY SERVICES FOR THE GOVERNMENT. (a) In General.—Notwithstanding the expiration on September 30, 1990, of the Executive Exchange Program Voluntary Services Act of 1986 (5 U.S.C. 4103 note), any individual who, as of that date, is or was participating in a program established under such Act may continue to perform voluntary services for the Government, and the Government may continue to accept those services, for not more than an additional 90 days beyond that expiration date, to the same extent as if such Act had not expired. (b) Effective Date.—This section shall be effective as of September 30, 1990.
SEC. 2. STATUS OF GOVERNMENT EXECUTIVES WHILE SERVING IN PRIVATE-SECTOR POSITIONS. (a) In General.— (1) Title 5, United States Code, is amended by inserting after section 3341 the following:
“§ 3342. Federal participants in executive exchange programs “(a) For the purpose of this section, the term ‘executive exchange program’ means any program which is required, by statute or Executive order, to be administered, in whole or in part, by the President’s Commission on Executive Exchange (described in Executive Order Numbered 12493, dated December 5, 1984), a successor entity in function, or any officer thereof. “(b) An employee assigned to a position in the private sector as a participant in an executive exchange program shall, while so assigned, be treated as if on detail to a regular work assignment in such employee’s employing agency, except that nothing in section 3341(b) shall limit the period of time for which any such employee may be so assigned. “(c) An agreement providing for the assignment of an employee to a position in the private sector as a participant in an executive exchange program shall not be effective unless it includes a provision under which the private-sector employer agrees to reimburse the employee’s agency for any basic pay which is paid by the agency to such employee, and attributable to the period during which the employee is so assigned. Any reimbursement so made shall be credited to the appropriation, fund, or account used to pay the amount reimbursed.”.
104 STAT. 903 (2) The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3341 the following: “3342. (b) Effective Date.—The amendments made by this section shall

5 USC 3342 note.

 take effect 90 days after the date of enactment of this Act, and shall apply with respect to any Federal employee who begins an assignment with a private-sector employer as a participant in an executive exchange program beginning on or after that effective date.
Approved October 12, 1990.
LEGISLATIVE HISTORY—H.R. 5643: CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 28, considered and passed House.

Oct. 2, considered and passed Senate.

 Public Law 101–417: To commemorate the centennial of the creation by Congress of Yosemite National Park. Public Law 417 Public Law 101–417 104 Stat. 904 1990-10-12 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 2025-06-19 101public 104 STAT. 904 Public Law 101–417 101st Congress
Joint Resolution To commemorate the centennial of the creation by Congress of Yosemite National Park.

Oct. 12, 1990

[H.J. Res. 398]

 Whereas the first application of a park concept originated in Yosemite with the grant of 1864 (Federal land given to California for preservation) and since that time the park has played an important role in pioneering park management concepts; Whereas Yosemite National Park was established for the purpose of preservation of the resources that contribute to its uniqueness and attractiveness; Whereas the United States Congress recognized the importance of preserving this great park for future public enjoyment when it established Yosemite National Park; Whereas Yosemite National Park is a showcase of spectacular geological features, including the greatest concentration of granite domes in the world and the largest exposed granite monolith in the world; Whereas Yosemite National Park possesses outstanding recreational values and supreme scenic attractions, including alpine and subalpine wilderness, three groves of giant sequoia trees and thundering waterfalls that are among the world’s highest; Whereas Yosemite was the birthplace of the idea of the Sierra Club; Whereas Yosemite plays an important role in wildlife preservation and preserving biological diversity; Whereas Yosemite is a world heritage site which has made a significant contribution to California’s cultural heritage, to the national park movement, and to Yosemite’s 4,000 years of cultural heritage by Native Americans; Whereas Yosemite provides solitude and inspiration and serves as an outdoor classroom for environmental education; Whereas each year Yosemite National Park welcomes millions of people from around the world; and Whereas Yosemite National Park was established on October 1, 1890, and is the Nation’s third oldest national park: Now, therefore, be it 104 STAT. 905 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Congress hereby recognizes and commemorates the centennial of Yosemite National Park, created by Congress in 1890. The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the centennial with appropriate ceremonies and activities.
Approved October 12, 1990.
LEGISLATIVE HISTORY—H.J. Res. 398: CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 7, considered and passed House.

Oct. 1, considered and passed Senate.

 Public Law 101–418: Designating March 1991 as “Irish-American Heritage Month”. Public Law 418 Public Law 101–418 104 Stat. 906 1990-10-12 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 2025-06-19 101public 104 STAT. 906 Public Law 101–418 101st Congress
Joint Resolution Designating March 1991 as “Irish-American Heritage Month”.

Oct. 12, 1990

[H.J. Res. 482]

 Whereas by 1776 nearly 300,000 natives of Ireland had emigrated to the United States; Whereas, following the victory at Yorktown over the English, a French Major General reported that Congress owed its existence, and America, possibly her preservation, to the fidelity of the Irish; Whereas at least 8 signers of the Declaration of Independence were of Irish origin; Whereas Charles Thomson, born in Ireland, was Secretary of the Continental Congress; Whereas Irish-born James Hoban designed the White House, the State and war offices, and assisted in the building of the United States Capitol; Whereas on March 17, 1990, Saint Patrick’s Day, 206 community parades honored the patron saint of Ireland; Whereas more than 480 institutions of higher learning in the United States offer courses in Irish studies; Whereas the Irish and Irish descendants have contributed greatly to the enrichment of all aspects of life in the United States, including military and governmental service, science, education, art, agriculture, business, industry, and athletics; and Whereas, in the 1980 census, 40,700,000 individuals in the United States claimed to be of Irish descent: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That March 1991 is designated as “Irish-American Heritage Month”, and the President of the United States of America is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate ceremonies and activities.
Approved October 12, 1990.
LEGISLATIVE HISTORY—H.J. Res. 482: CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 3, considered and passed House.

Oct. 1, considered and passed Senate.

 Public Law 101–419: To convey certain Oregon and California Railroad Grant Lands in Josephine County, Oregon, to the Rogue Community College District, and for other purposes. Public Law 419 Public Law 101–419 104 Stat. 907 1990-10-12 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 2025-06-19 101public 104 STAT. 907 Public Law 101–419 101st Congress
An Act To convey certain Oregon and California Railroad Grant Lands in Josephine County, Oregon, to the Rogue Community College District, and for other purposes.

Oct. 12, 1990

[S. 1738]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF LAND. (a) Conveyance.—Subject to section 2, the Secretary of the Interior shall convey, without consideration, all right, title, and interest of the United States in and to land described in subsection (b) to the Rogue Community College District in Josephine County, Oregon (hereafter in this Act referred to as the “District”). (b) Land Description.—The land referred to in subsection (a) is land in Josephine County, Oregon, described as Township 36 South, Range 6 West, W.M., Section 27, southwest V4, northeast 14.
SEC. 2. LIMITATIONS ON CONVEYANCE. The conveyance authorized by section 1(a) is subject to the following limitations: (a) Encumbrances.—Such conveyance shall be subject to all encumbrances on the land existing as of the date of enactment of this Act. (b) Mineral rights.—Such conveyance shall reserve to the United States all minerals in the land, including geothermal rights, together with the right to prospect for, mine, and remove the minerals and geothermal resources. (c) Right of way for ditches and canals.—Such conveyance shall be subject to the proviso in the fourth undesignated paragraph under the caption entitled “United States Geological Survey” in the first section of the Act of August 30, 1890 (26 Stat. 371, 391) (43 U.S.C. 945). (d) Reversionary interest.—Such conveyance shall be subject to a reversionary interest in the land described in section 1(b) to be held by the United States. If such land ceases to be used for educational purposes, all right, title, and interest in and to such land shall revert to the United States and shall be identified, classified, and managed as Oregon and California Railroad Grant Lands.
Approved October 12, 1990.
LEGISLATIVE HISTORY—S. 1738: HOUSE REPORTS: No. 101–741 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101–282 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

May 17, considered and passed Senate.

Sept. 27, considered and passed House.

 Public Law 101–420: To amend section 5948 of title 5, United States Code, to reauthorize physicians comparability allowances. Public Law 420 Public Law 101–420 104 Stat. 908 1990-10-12 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 2025-06-19 101public 104 STAT. 908 Public Law 101–420 101st Congress
An Act To amend section 5948 of title 5, United States Code, to reauthorize physicians comparability allowances.

Oct. 12, 1990

[S. 2588]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5948(d) of title 5, United States Code, is amended by striking out the second sentence and inserting in lieu thereof “No agreement shall be entered into under this section later than September 30, 1993, nor shall any agreement cover a period of service extending beyond September 30, 1995.”.
Approved October 12, 1990.
LEGISLATIVE HISTORY—S. 2588: CONGRESSIONAL RECORD. Vol. 136 (1990):

Sept. 26. considered and passed Senate.

Oct. 1. considered and passed House.

 Public Law 101–421: To amend the Contract Services for Drug Dependent Federal Offenders Act of 1978 to provide additional authorizations for appropriations. Public Law 421 Public Law 101–421 104 Stat. 909 1990-10-12 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 2025-06-19 101public 104 STAT. 909 Public Law 101–421 101st Congress
An Act To amend the Contract Services for Drug Dependent Federal Offenders Act of 1978 to provide additional authorizations for appropriations.

Oct. 12, 1990

[H.R. 3007]

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

Drug and Alcohol Dependent Offenders Treatment Act of 1989.

18 USC 3661 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Drug and Alcohol Dependent Offenders Treatment Act of 1989”.
SEC. 2. REAUTHORIZATION. Section 4(a) of the Contract Services for Drug Dependent Federal

18 USC 3672 note.

 Offenders Act of 1978 is amended— (1) by inserting “and the 7th paragraph of section 3672 of title 18, United States Code” after “purposes of this Act”; (2) by striking “; and” and inserting a semicolon; and (3) by striking the period at the end and inserting “,$30,000,000 for the fiscal year ending September 30, 1990; $40,000,000 for the fiscal year ending September 30, 1991; and $45,000,000 for the fiscal year ending September 30, 1992.”.
Approved October 12, 1990.
LEGISLATIVE HISTORY—H.R. 3007: HOUSE REPORTS: No. 101–272 (Comm. on the Judiciary). CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 10, considered and passed House.

Vol. 136 (1990): Sept. 28, considered and passed Senate.

 Public Law 101–422: To authorize appropriations for the Administrative Conference of the United States for fiscal years 1991, 1992, 1993, and 1994, and for other purposes. Public Law 422 Public Law 101–422 104 Stat. 910 1990-10-12 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 2025-06-19 101public 104 STAT. 910 Public Law 101–422 101st Congress
An Act To authorize appropriations for the Administrative Conference of the United States for fiscal years 1991, 1992, 1993, and 1994, and for other purposes.

Oct. 12, 1990

[H.R. 3897]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.Section 576 of title 5, United States Code, is amended to read as follows:
“§ 576. Authorization of appropriations “There are authorized to be appropriated to carry out the purposes of this subchapter not more than $2,000,000 for fiscal year 1990, $2,100,000 for fiscal year 1991, $2,200,000 for fiscal year 1992, $2,300,000 for fiscal year 1993, and $2,400,000 for fiscal year 1994. Of any amounts appropriated under this section, not more than $1,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries.”.
SEC. 2. POWERS OF THE CONFERENCE.Section 574 of title 5, United States Code, is amended— (1) in paragraph (2) by striking “and” after the semicolon; (2) in paragraph (3) by striking the period and inserting “,and”; and (3) by adding at the end the following: “(4) enter into arrangements with any administrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in paragraphs (1), (2), and (3). Payment for services provided by the Conference pursuant to paragraph (4) shall be credited to the operating account for the Conference and shall remain available until expended.”.
SEC. 3. ORGANIZATION OF THE CONFERENCE. Section 575(c) of title 5, United States Code, is amended— (1) in paragraph (14) by striking “and” after the semicolon; (2) in paragraph (15) by striking the period and inserting “,and”; and 104 STAT. 911 (3) by adding at the end the following: “(16) request any administrative agency to notify the Chairman of its intent to enter into any contract with any person outside the agency to study the efficiency, adequacy, or fairness of an agency proceeding (as defined in section 551(12) of this title).”.
Approved October 12, 1990.
LEGISLATIVE HISTORY—H.R. 3897 (S. 2224): HOUSE REPORTS: No. 101–500 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 5, considered and passed House.

Sept. 17, considered and passed Senate, amended.

Oct. 1, House concurred m Senate amendment.

 Public Law 101–423: To establish a national policy on permanent papers. Public Law 423 Public Law 101–423 104 Stat. 912 1990-10-12 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 2025-06-19 101public 104 STAT. 912 Public Law 101–423 101st Congress
Joint Resolution To establish a national policy on permanent papers.

Oct. 12, 1990

[S.J. Res. 57]

44 USC 509 note.

Whereas it is now widely recognized and scientifically demonstrated that the acidic papers commonly used for more than a century in documents, books, and other publications are self-destructing and will continue to self destruct; Whereas Americans are facing the prospect of continuing to lose national, historical, scientific, and scholarly records, including government records, faster than salvage efforts can be mounted despite the dedicated efforts of many libraries, archives, and agencies, such as the Library of Congress and the National Archives and Records Administration; Whereas nationwide hundreds of millions of dollars will have to be spent by the Federal, State, and local governments and private institutions to salvage the most essential books and other materials in the libraries and archives of government, academic, and private institutions; Whereas paper manufacturers can produce a sufficient supply of acid free permanent papers with a life of several hundred years, at prices competitive with acid papers, if publishers would specify the use of such papers, and some publishers and many university presses are already publishing on acid free permanent papers; Whereas most Government agencies do not require the use of acid free permanent papers for appropriate Federal records and publications; Whereas librarians, publishers, and other professional groups have urged the use of acid free permanent papers; Whereas even when books are printed on acid free permanent paper this fact is often not made known to libraries by notations in the book or by notations in standard bibliographic listings; and Whereas there is an urgent need to prevent the continuance of the acid paper problem in the future: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1.

Historic preservation.

44 USC 509 note.

It is the policy of the United States that Federal records, books, and publications of enduring value be produced on acid free permanent papers.
Sec. 2.

44 USC 509 note.

The Congress of the United States urgently recommends that— (1) Federal agencies require the use of acid free permanent papers for publications of enduring value produced by the Government Printing Office or produced by Federal grant or contract, using the specifications for such paper established by the Joint Committee on Printing; (2) Federal agencies require the use of archival quality acid free papers for permanently valuable Federal records and confer with the National Archives and Records Administration on the requirements for paper quality; 104 STAT. 913 (3) American publishers and State and local governments use acid free permanent papers for publications of enduring value, in voluntary compliance with the American National Standard; (4) all publishers, private and governmental, prominently note the use of acid free permanent paper in books, advertisements, catalogs, and standard bibliographic listings; and (5) the Secretary of State, Librarian of Congress, Archivist of the United States, and other Federal officials make known the national policy regarding acid free permanent papers to foreign governments and appropriate international agencies since the acid paper problem is worldwide and essential foreign materials being imported by our libraries are printed on acid papers.
Sec. 3. The Librarian of Congress, the Archivist of the United

Reports.

44 USC 509 note.

 States, and the Public Printer shall jointly monitor the Federal Government’s progress in implementing the national policy declared in section 1 regarding acid free permanent papers and shall report to the Congress regarding such progress on December 31, 1991, December 31, 1993, and December 31, 1995. In carrying out the monitoring and reporting functions under this section, the Librarian of Congress, the Archivist of the United States, and the Public Printer may consult with the National Endowment for the Humanities, National Agricultural Library, National Library of Medicine, other Federal and State agencies, international organizations, private publishers, paper manufacturers, and other organizations with an interest in preservation of books and historical papers.
Approved October 12, 1990.
LEGISLATIVE HISTORY—S.J. Res. 57 (H.J. Res. 226): HOUSE REPORTS: No. 101–680 Pt. 1 accompanying H.J. Res. 226 (Comm. on Government Operations). CONGRESSIONAL RECORD:

Vol. 135 (1989): July 31, S.J. Res. 57 considered and passed Senate.

Vol. 136 (1990): Sept. 17, H.J. Res. 226 considered and passed House; S.J. Res. 57, amended, passed in lieu.

Sept. 26, Senate concurred in House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990)

Oct. 12, Presidential statement.

 Public Law 101–424: To establish calendar year 1992 as the “Year of Clean Water”. Public Law 424 Public Law 101–424 104 Stat. 914 1990-10-12 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 2025-06-19 101public 104 STAT. 914 Public Law 101–424 101st Congress
Joint Resolution To establish calendar year 1992 as the “Year of Clean Water”.

Oct. 12, 1990

[S.J. Res. 181]

 Whereas, clean water is a natural resource of tremendous value and importance to the Nation; Whereas, there is resounding public support for protecting and enhancing the quality of this Nation’s rivers, streams, lakes, wetlands, and marine waters; Whereas, maintaining and improving water quality is essential to protect public health, to protect fisheries and wildlife, and to assure abundant opportunities for public recreation; Whereas, it is a national responsibility to provide clean water as a legacy for future generations; Whereas, substantial progress has been made in protecting and enhancing water quality since passage of the 1972 Federal Water Pollution Control Act (Clean Water Act) due to concerted efforts by Federal, State, and local governments, the private sector, and the public; Whereas, serious water pollution problems persist throughout the Nation and significant challenges lie ahead in the effort to protect water resources from point and nonpoint sources of conventional and toxic pollution; Whereas, further development of water pollution control programs and advancement of water pollution control research, technology, and education are necessary and desirable; and Whereas, October of 1992 is the 20th anniversary of the enactment into law of the Clean Water Act: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, the Congress of the United States hereby designates calendar year 1992 as the “Year of Clean Water” and the month of October 1992 as “Clean Water Month” in celebration of the Nation’s accomplishments under the Clean Water Act, and the firm commitment of the Nation to the goals of that Act.
Approved October 12, 1990.
LEGISLATIVE HISTORY—S.J. Res 181: CONGRESSIONAL RECORD:

Vol. 135 (1989): Oct. 20, considered and passed Senate.

Vol. 136 (1990): Oct. 1, considered and passed House.

 Public Law 101–425: To require the Secretary of Energy to establish Centers for Metal Casting Competitiveness Research. Public Law 425 Public Law 101–425 104 Stat. 915 1990-10-15 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 2025-06-19 101public 104 STAT. 915 Public Law 101–425 101st Congress
An Act To require the Secretary of Energy to establish Centers for Metal Casting Competitiveness Research.

Oct. 15, 1990

[H.R. 1243]

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

Department of Energy Metal Casting Competitiveness Research Act of 1990. Science and technology.

15 USC 5301 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Department of Energy Metal Casting Competitiveness Research Act of 1990”.
SEC. 2. FINDINGS. The Congress finds that— (1) metal casting is an important process for manufacturing

15 USC 5301.

 many items imported into or exported from the United States; (2) the encouragement and maintenance of a technically advanced United States metal casting industry is essential to the competitiveness of many American industries; (3) maintaining a viable metal casting industry is vital to the national security and economic well being of the United States; (4) the promotion of technology competitiveness and energy efficiency in the United States metal casting industry by the Federal Government is necessary to maintain a viable metal casting industry; (5) many metal casting companies lack the resources to conduct metal casting research alone, placing them at a serious competitive disadvantage; (6) the support of university-based research in metal casting is important in promoting technology development and providing industry with qualified engineers; and (7) by combining the resources of the Federal Government, universities, industry, and private organizations, to conduct research and development activities, substantial technological benefits will result to the metal casting industry.
SEC. 3. DEFINITIONS.

15 USC 5302.

 As used in this Act, the term— (1) “applicant” means: (A) an educational institution; (B) a consortium of educational institutions; (C) a consortium of an educational institution or educational institutions with one or more of the following: Government-owned laboratories, private research organizations, nonprofit institutions, or private firms; that is located in a region where the metal casting industry is concentrated; (2) “census region” means one of the four census regions (Northeast, South, Midwest, and West) that are designated as 104 STAT. 916 census regions by the Bureau of the Census as of the date of enactment of this Act; (3) “Department” means the Department of Energy; (4) “educational institution” means a degree granting institution of at least a baccalaureate level; (5) “non-Federal source” means the United States metal casting industry, related industries, industry-related associations, individuals, organizations, universities, State agencies, or other entities supporting the metal casting industry; (6) “metal casting industry” or “industry” means the industries identified by codes numbered 3321, 3322, 3324, 3325, 3363, 3364, 3365, 3366, and 3369, in the Standard Industrial Classification manual published by the Office of Management and Budget in 1987; (7) “Secretary” means the Secretary of Energy.
SEC. 4.

15 USC 5303.

 ESTABLISHMENT OF PROGRAM.The Secretary, acting in accordance with authority provided in the Federal Non-Nuclear Research and Development Act of 1974 (42 U.S.C. 5901 et seq.), except as otherwise provided in this Act, shall establish a Metal Casting Competitiveness Research Program (here-after in this Act referred to as the “Program”) for the purpose of performing and promoting the performance of research and development on issues related to the technology competitiveness and energy efficiency of the United States metal casting industry.
SEC. 5.

15 USC 5304.

 OPERATION OF PROGRAM. (a) Solicitation of Proposals.—Within one year after the date of enactment of this Act, the Secretary shall solicit and, subject to available appropriations, select proposals on a competitive basis from applicants to carry out the program under section 4. In order for a proposal to be considered by the Secretary, the applicant shall have in existence at the time the proposal is submitted the following qualifications: (1) the technical capability to enable it to make use of existing research support and facilities in carrying out its research objectives; (2) a multidisciplinary research staff experienced in metal casting or other directly related technologies; and (3) the facilities and equipment capable of conducting at least laboratory scale testing or demonstration of metal casting or related processes. (b) Proposal Criteria.— Each proposal shall— (1) demonstrate the support of the metal casting industry by describing— (A) how industry has participated in deciding what research activities will be undertaken; (B) how industry will participate in the evaluation of the applicant’s progress in research and development activities; and (C) the extent to which industry funds are committed to the applicant’s proposal; (2) have a commitment for matching funds from non-Federal sources, which shall consist of: (A) cash, or (B) as determined by the Secretary, the fair market value of equipment, services, materials, appropriate tech-104 STAT. 917nology transfer activities, and other assets directly related to the proposal’s cost; (3) include a single or multiyear management plan that outlines how the research and development activities will be administered and carried out; (4) state the annual cost of the proposal and a breakdown of those costs; and (5) describe the technology transfer mechanisms the applicant will use to make available research results to industry and to other researchers. (c) Content of Management Plan.— The management plan set forth in subsection 5(b)(3) shall— (1) outline the basic research and development activities expected to be performed; (2) outline who will conduct those research activities; (3) establish the time frame over which the research activities will take place; and (4) define the overall program management and direction by— (A) identifying managerial, organizational and administrative procedures and responsibilities; (B) outlining how the coordination of research and development between the individuals and organizations involved will be achieved; (C) demonstrating how implementation and monitoring of the progress of research projects after receipt of funding from the Secretary will be achieved; (D) demonstrating how recommendations and implementations on modifications to the plan will be achieved; and (E) providing sufficient rationale to support the plan’s costs. (d) Selection of Proposals.—From the proposals submitted, the Secretary shall select proposals for funding. The Secretary shall attempt to select at least four proposals. The Secretary shall select the proposals that— (1) will best result in carrying out needed metal casting research and development in one or more of the following general areas— (A) solidification and casting technologies; (B) computational modeling and design; (C) processing technologies and design for energy efficiency, material conservation, environmental protection, or industrial productivity; and (D) other areas of research, which in the judgment of the Secretary, after consulting with the Board established in section 7, further the purposes of this Act; (2) represent research and development in specific areas identified in the “Metal Casting Research Priorities” developed annually by the Board pursuant to subsection 7(b)(1); (3) to the greatest extent possible and subject to available appropriations, ensure that at least one applicant is selected from each of the four census regions of the country where the metal casting industry is concentrated; (4) demonstrate strong industry support; (5) ensure the timely transfer of technology to industry; and (6) otherwise best carry out the purposes of this Act. 104 STAT. 918 (e) Funding of Program.—From amounts made available in separate appropriation Acts, the Secretary shall provide to each applicant selected the financial and technical assistance and other incentives that are necessary and appropriate to carry out the purposes of this Act. (f) National Metal Casting Research Institute.—Each recipient of financial assistance under subsection (d) shall be known as a “National Metal Casting Research Institute”.
SEC. 6.

15 USC 5305.

 REVIEW. (a) Evaluation of Research Activities.—The Secretary shall regularly monitor and evaluate the research activities of the applicants selected. After considering the reports of the Board provided for in subsection 7(b)(2), the Secretary shall determine whether each applicant selected has complied with the management plan submitted in the original proposal and any modifications made since. (b) Annual Report.—Each selected applicant in the program shall provide an annual report to the Secretary that explains the progress made, compliance with the management plan, whether changes are needed and are being made to the management plan, and what new research is planned. (c) Discontinuation of Funding.—In the event a selected applicant has substantially failed in the implementation of the management plan and research activities, the Secretary shall discontinue funding. (d) Solicitation of New Proposals.—Upon completion or discontinuance of any research activity authorized in section 5, the Secretary shall, using available funds appropriated pursuant to this Act, solicit new research proposals as set forth under the terms of this Act.
SEC. 7.

15 USC 5306.

 INDUSTRIAL ADVISORY BOARD. (a) Establishment of Board.—Within 120 days after the date of the enactment of this Act the Secretary, after consulting with representatives of trade and technical associations of the metal casting industry, shall establish an Industrial Advisory Board (hereafter in this Act referred to as the “Board”) to provide guidance and oversight in implementing the selection criteria and operation of the program. The Board shall be composed of nine members who are selected by the Secretary, a majority of whom shall be individuals from the metal casting industry or individuals affiliated with the industry. At least one member of the Board shall be chosen from each of the four census regions of the country. Each Board member shall serve for a term not to exceed five years, but may be reappointed for successive terms. (b) Review and Recommendations.— (1) Within 180 days after the date of the enactment of this Act and annually thereafter, the Board shall develop from the general research areas identified in section 5(d) and submit to the Secretary a list of Metal Casting Research Priorities. Such list shall, to the greatest extent possible, identify specific areas of research that would be considered of a priority nature to the United States metal casting industry. (2) On an annual basis the Board shall— (A) review the Secretary’s solicitation and selection of research proposals and make recommendations as to how 104 STAT. 919 each such activity can be altered so as to better achieve the purposes of this Act; and (B) review the research activities of each selected applicant, and the selected

Reports.

 applicant’s management plan, and report its findings and recommendations to the Secretary.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

15 USC 5307.

There are authorized to be appropriated to the Secretary for carrying out this Act $5,000,000 for each of the fiscal years 1991, 1992, and 1993.
SEC. 9. PROTECTION OF PROPRIETARY RIGHTS.

15 USC 5308.

 (a) Proprietary Rights.—No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained from a company as a result of activities under this Act shall be disclosed. (b) Commercial Information.— The Secretary, for a period of up to 5 years after the development of information that— (1) results from research and development activities conducted under this Act; and (2) would be a trade secret or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a company, may provide appropriate protection against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States Code. (c) Patent Rights.—With respect to patent rights, the Institutes shall be treated in the same manner as are nonprofit organizations and small business firms under chapter 18 of title 35, United States Code, notwithstanding any provisions to the contrary contained in that chapter.
SEC. 10. REPORTING.

15 USC 5309.

At the time the President’s annual budget request for the Department is submitted, the Secretary shall provide to Congress a detailed review of the progress of the research and development activities authorized under this Act.
Approved October 15, 1990.
LEGISLATIVE HISTORY—H.R. 1243 (S. 2224): HOUSE REPORTS: No. 101–410 (Comm. on Science. Space, and Technology). SENATE REPORTS: No. 101–258 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 6, considered and passed House.

Apr. 3, considered and passed Senate, amended.

Sept. 24, House agreed to Senate amendment with amendments.

Sept. 28, Senate concurred in House amendments.

 Public Law 101–426: To provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation from nuclear testing. Public Law 426 Public Law 101–426 104 Stat. 920 1990-10-15 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 2025-06-19 101public 104 STAT. 920 Public Law 101–426 101st Congress
An Act To provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation from nuclear testing.

Oct. 15, 1990

[H.R. 2372]

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

Radiation Exposure Compensation Act.

State listing.

42 USC 2210 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Radiation Exposure Compensation Act”.
SEC. 2.

42 USC 2210 note.

 FINDINGS, PURPOSE, AND APOLOGY. (a) Findings.—The Congress finds that— (1) fallout emitted during the Government’s above-ground nuclear tests in Nevada exposed individuals who lived in the downwind affected area in Nevada, Utah, and Arizona to radiation that is presumed to have generated an excess of cancers among these individuals; (2) the health of the individuals who were unwitting participants in these tests was put at risk to serve the national security interests of the United States; (3) radiation released in underground uranium mines that were providing uranium for the primary use and benefit of the nuclear weapons program of the United States Government exposed miners to large doses of radiation and other airborne hazards in the mine environment that together are presumed to have produced an increased incidence of lung cancer and respiratory diseases among these miners; (4) the United States should recognize and assume responsibility for the harm done to these individuals; and (5) the Congress recognizes that the lives and health of uranium miners and of innocent individuals who lived downwind from the Nevada tests were involuntarily subjected to increased risk of injury and disease to serve the national security interests of the United States. (b) Purpose.—It is the purpose of this Act to establish a procedure to make partial restitution to the individuals described in subsection (a) for the burdens they have borne for the Nation as a whole. (c) Apology.—The Congress apologizes on behalf of the Nation to the individuals described in subsection (a) and their families for the hardships they have endured.
SEC. 3.

42 USC 2210 note.

 TRUST FUND. (a) Establishment.—There is established in the Treasury of the United States, a trust fund to be known as the “Radiation Exposure Compensation Trust Fund” (hereinafter in this Act referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.—Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United 104 STAT. 921States Code, and any interest on, and proceeds from any such investment shall be credited to and become a part of the Fund. (c) Availability of the Fund.—Amounts in the Fund shall be available only for disbursement by the Attorney General under section 6. (d) Termination.—The Fund shall terminate not later than the earlier of the date on which an amount has been expended from the Fund which is equal to the amount authorized to be appropriated to the Fund by subsection (e), and any income earned on such amount, or 22 years after the date of the enactment of this Act. If all of the amounts in the Fund have not been expended by the end of that 22-year period, investments of amounts in the Fund shall be liquidated and receipts thereof deposited in the Fund and all funds remaining in the Fund shall be deposited in the miscellaneous receipts account in the Treasury. (e) Authorization of Appropriations.—There are authorized to be appropriated to the Fund $100,000,000. Any amounts appropriated pursuant to this section are authorized to remain available until expended.
SEC. 4. CLAIMS RELATING TO OPEN AIR NUCLEAR TESTING.

42 USC 2210 note.

 (a) (1) Claims Relating to Childhood Leukemia.—Any individual who was physically present in the affected area for a period of at least 1 year during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence and between 2 and 30 years of first exposure to the fallout, contracted leukemia (other than chronic lymphocytic leukemia), shall receive $50,000 if— (A) initial exposure occurred prior to age 21, (B) the claim for such payment is med with the Attorney General by or on behalf of such individual, and (C) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. (2) Claims Relating to Specified Diseases.— Any individual who was physically present in the affected area for a period of at least 2 years during the period beginning on January 21, 1951, and ending on October 31, 1958, or was physically present in the affected area for the period beginning on June 30, 1962, and ending on July 31, 1962, and who submits written medical documentation that he or she, after such period of physical presence, contracted a specified disease, shall receive $50,000 if— (A) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and (B) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6. (b) Definitions.— For purposes of this section, the term— (1) “affected area” means— (A) in the State of Utah, the counties of Washington, Iron, Kane, Garfield, Sevier, Beaver, Millard, and Piute; (B) in the State of Nevada, the counties of White Pine, Nye, Lander, Lincoln, Eureka, and that portion of Clark County that consists of townships 13 through 16 at ranges 63 through 71; and 104 STAT. 922 (C) that part of Arizona that is north of the Grand Canyon and west of the Colorado River; and (2) “specified disease” means leukemia (other than chronic lymphocytic leukemia), provided that initial exposure occurred after the age of 20 and the onset of the disease was between 2 and 30 years of first exposure, and the following diseases, provided onset was at least 5 years after first exposure: multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary cancer of: the thyroid (provided initial exposure occurred by the age of 20), female breast (provided initial exposure occurred prior to age 40), esophagus (provided low alcohol consumption and not a heavy smoker), stomach (provided initial exposure occurred before age 30), pharynx (provided not a heavy smoker), small intestine, pancreas (provided not a heavy smoker and low coffee consumption), bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated).
SEC. 5.

State listing.

42 USC 2210 note.

 CLAIMS RELATING TO URANIUM MINING. (a) Eligibility of Individuals.—Any individual who was employed in a uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or Utah at any time during the period beginning on January 1, 1947, and ending on December 31, 1971, and who, in the course of such employment— (1) (A) if a nonsmoker, was exposed to 200 or more working level months of radiation and submits written medical documentation that he or she, after such exposure, developed lung cancer, or (B) if a smoker, was exposed to 300 or more working level months of radiation and cancer incidence occurred before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of cancer incidence, and submits written medical documentation that he or she, after such exposure, developed lung cancer; or (2) (A) if a nonsmoker, was exposed to 200 or more working level months of radiation and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease, or (B) if a smoker, was exposed to 300 or more working level months of radiation and the nonmalignant respiratory disease developed before age 45 or was exposed to 500 or more working level months of radiation, regardless of age of disease incidence, and submits written medical documentation that he or she, after such exposure, developed a nonmalignant respiratory disease, shall receive $100,000, if— (1) the claim for such payment is filed with the Attorney General by or on behalf of such individual, and (2) the Attorney General determines, in accordance with section 6, that the claim meets the requirements of this Act. Payments under this section may be made only in accordance with section 6. (b) Definitions.— For purposes of this section— (1) the term “working level month of radiation” means radiation exposure at the level of one working level every work day for a month, or an equivalent exposure over a greater or lesser amount of time; 104 STAT. 923 (2) the term “working level” means the concentration of the short half-life daughters of radon that will release (1.3×105) million electron volts of alpha energy per liter of air; (3) the term “nonmalignant respiratory disease” means fibrosis of the lung, pulmonary fibrosis, and corpulmonale related to fibrosis of the lung; and if the claimant, whether Indian or non-Indian, worked in an uranium mine located on or within an Indian Reservation, the term shall also include moderate or severe silicosis or pneumoconiosis; and (4) the term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, that is recognized as eligible for special programs and services provided by the United States to Indian tribes because of their status as Indians.
SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.

42 USC 2210 note.

 (a) Establishment of Filing Procedures.—The Attorney General shall establish procedures whereby individuals may submit claims for payments under this Act. (b) Determination of Claims.— (1) In general.—The Attorney General shall, in accordance with this subsection, determine whether each claim filed under this Act meets the requirements of this Act. (2) Consultation.— The Attorney General shall— (A) in consultation with the Surgeon General, establish guidelines for determining what constitutes written medical documentation that an individual contracted a specified disease under section 4 or other disease specified in section 5; and (B) in consultation with the Director of the National Institute for Occupational Safety and Health, establish guidelines for determining what constitutes documentation that an individual was exposed to the working level months of radiation under section 5. The Attorney General may consult with the Surgeon General with respect to making determinations pursuant to the guidelines issued under subparagraph (A), and with the Director of the National Institute for Occupational Safety and Health with respect to making determinations pursuant to the guidelines issued under subparagraph (B). (c) Payment of Claims.— (1) In general.—The Attorney General shall pay, from amounts available in the Fund, claims filed under this Act which the Attorney General determines meet the requirements of this Act. (2) Offset for certain payments.— A payment to an individual, or to a survivor of that individual, under this section on a claim under section 4 or 5 shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim for worker’s compensation), against any person, that is based on injuries incurred by that individual on account of— (A) exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1)) at any time during any period specified in section 4(a), or (B) exposure to radiation in a uranium mine at any time

Uranium.

Mine safety and health.

 during the period described in section 5(a). 104 STAT. 924 (3) Right of subrogation.—Upon payment of a claim under this section, the United States Government is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in paragraph (2). (4) Payments in the case of deceased persons.— (A) In general.— In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii) or parents described in clause (iii), such payment shall be made in equal shares to all grandchildren of the individual who are living at the time of payment. (v) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii), parents described in clause (iii), or grandchildren described in clause (iv), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) Individuals who are survivors.—If an individual eligible for payment under section 4 or 5 dies before filing a claim under this Act, a survivor of that individual who may receive payment under subparagraph (A) may file a claim for such payment under this Act. (C) Definitions.— For purposes of this paragraph— (i) the “spouse” of an individual means a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; (ii) a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child; (iii) a “parent” includes fathers and mothers through adoption; (iv) a “grandchild” of an individual is a child of a child of that individual; and (v) a “grandparent” of an individual is a parent of a parent of that individual. (d) Action on Claims.— The Attorney General shall complete the determination on each claim filed in accordance with the procedures established under subsection (a) not later than twelve months after the claim is so filed. (e) Payment in Full Settlement of Claims Against the United States.—The acceptance of payment by an individual under this 104 STAT. 925 section shall be in full satisfaction of all claims of or on behalf of that individual against the United States, or against any person with respect to that person’s performance of a contract with the United States, that arise out of exposure to radiation, from open air nuclear testing, in the affected area (as defined in section 4(b)(1)) at any time during any period described in section 4(a), or exposure to radiation in a uranium mine at any time during the period described in section 5(a). (f) Administrative Costs Not Paid From the Fund.—No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any individual. (g) Termination of Duties of Attorney General.—The duties of the Attorney General under this section shall cease when the Fund terminates. (h) Certification of Treatment of Payments Under Other Laws.— Amounts paid to an individual under this section— (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (i) Use of Existing Resources.—The Attorney General should use funds and resources available to the Attorney General to carry out his or her functions under this Act. (j) Regulatory Authority.—The Attorney General may issue such regulations as are necessary to carry out this Act. (k) Issuance of Regulations, Guidelines, and Procedures.—Regulations, guidelines, and procedures to carry out this Act shall be issued not later than 180 days after the date of the enactment of this Act.
SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.

42 USC 2210 note.

 (a) Claims Not Assignable or Transferable.—No claim cognizable under this Act shall be assignable or transferable. (b) Choice of Remedies.—No individual may receive payment under both sections 4 and 5 of this Act.
SEC. 8. LIMITATIONS ON CLAIMS.

42 USC 2210 note.

A claim to which this Act applies shall be barred unless the claim is filed within 20 years after the date of the enactment of this Act.
SEC. 9. ATTORNEY FEES.

42 USC 2210 note.

Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual under this Act, more than 10 per centum of a payment made under this Act on such claim. Any such representative who violates this section shall be fined not more than $5,000.
SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

42 USC 2210 note.

A payment made under this Act shall not be considered as any form of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker’s compensa-104 STAT. 926tion payments; and a payment under this Act shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker’s compensation.
SEC. 11.

42 USC 2210 note.

 BUDGET ACT.No authority under this Act to enter into contracts or to make payments shall be effective in any fiscal year except to such extent or in such amounts as are provided in advance in appropriations Acts.
SEC. 12.

42 USC 2210 note.

 REPORT. (a) The Secretary of Health and Human Services shall submit a report on the incidence of radiation related moderate or severe silicosis and pneumoconiosis in uranium miners employed in the uranium mines that are defined in section 5 and are located off of Indian reservations. (b) Such report shall be completed not later than September 30, 1992.
Approved October 15, 1990.
LEGISLATIVE HISTORY—H.R. 2372 (S. 2224): HOUSE REPORTS: No. 101–463 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 5, considered and passed House.

Aug. 1, considered and passed Senate, amended.

Sept. 27, House concurred in Senate amendment.

Sept. 28, Senate concurred in House amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Oct. 15, Presidential statement.

 Public Law 101–427: To redesignate The National System of Interstate and Defense Highways as The Dwight D. Eisenhower System of Interstate and Defense Highways. Public Law 427 Public Law 101–427 104 Stat. 927 1990-10-15 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 2025-06-19 101public 104 STAT. 927 Public Law 101–427 101st Congress
An Act To redesignate The National System of Interstate and Defense Highways as The Dwight D. Eisenhower System of Interstate and Defense Highways.

Oct. 15, 1990

[S. 2806]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That—

23 USC 101 note.

 (a) notwithstanding any other provision of law, The National System of Interstate and Defense Highways shall be redesignated as “The Dwight D. Eisenhower System of Interstate and Defense Highways”; and (b) any reference before the date of enactment of this Act in any provision of law, regulation, map, sign, or otherwise to The National System of Interstate and Defense Highways shall be deemed to refer, on and after such date, to The Dwight D. Eisenhower System of Interstate and Defense Highways.
Approved October 15, 1990.
LEGISLATIVE HISTORY—S. 2806 (S. 2224): CONGRESSIONAL RECORD. Vol. 136 (1990):

Oct. 4, considered and passed Senate.

Oct. 10, considered and passed House.

 Public Law 101–428: To amend title 5, United States Code, with respect to retirement of members of the Capitol Police. Public Law 428 Public Law 101–428 104 Stat. 928 1990-10-15 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 2025-06-19 101public 104 STAT. 928 Public Law 101–428 101st Congress
An Act To amend title 5, United States Code, with respect to retirement of members of the Capitol Police.

Oct. 15, 1990

[H.R. 5641]

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

Capitol Police Retirement Act.

5 USC 8331 note.
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.—This Act may be cited as the “Capitol Police Retirement Act”. (b) References.—Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code.
SEC. 2. AMENDMENTS TO CHAPTER 83. (a) Immediate Retirement.—Section 8336 is amended by redesignating subsection (m) as subsection (n) and inserting after subsection (1) the following new subsection: “(m) A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police or as a law enforcement officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.”. (b) Mandatory Separation.— (1) (A) Section 8335 is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection: “(d) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8336(m) shall be separated from the service on the last day of the month in which such member becomes 55 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.”. (B)

Effective date.

5 USC 8335 note.

The amendment made by subparagraph (A) shall take effect 2 years after the date of enactment of this Act. (2) Section 8335(e), as so redesignated by paragraph (1)(A), is amended by inserting “(other than a member of the Capitol Police)” after “employee”. (c) Computation.— (1) Section 8339 is amended by adding at the end the following new subsection: “(q) The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the case 104 STAT. 929 of a member who retires under section 8335(d) or 8336(m), and who meets the requirements of subsection (b)(2), the annuity of such member is— “(1) 2½ percent of the member’s average pay multiplied by so much of such member’s total service as does not exceed 20 years; plus “(2) 2 percent of the member’s average pay multiplied by so much of such member’s total service as exceeds 20 years.”. (2) (A) The amendment made by paragraph (1) shall take effect 4

Effective date.

5 USC 8339 note.

 years after the date of enactment of this Act, and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after that effective date, subject to subparagraph (B). (B) Nothing in this subsection or in the amendment made by this subsection shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on such service below the percentage which would otherwise apply if this Act had not been enacted. (d) Technical and Conforming Amendments.— (1) Section 8337(a) is amended in the last sentence by striking “8339(a)–(e) or (n)” and inserting “8339(a)–(e), (n), or (q)”. (2) Subsections (f) and (m) of section 8339 are each amended by striking “(a)–(e) and (n)” and inserting “(a)–(e), (n), and (q)”. (3) Section 8339(g) is amended— (A) in paragraph (2), by striking “(a)–(c) or (n)” and inserting “(a)–(c), (n), or (q)”; and (B) in the matter following paragraph (2), by striking “(c), or (n)” each place it appears and inserting “(c), (n), or (q)”. (4) Section 8339(i) is amended by striking “(a)–(h) and (n)” and inserting “(a)–(h), (n), and (q)”. (5) Sections 8339(j), 8339(k)(1), and 8343a are each amended by striking “(a)–(i) and (n)” each place it appears and inserting “(a)–(i), (n), and (q)”. (6) Section 8339(1) is amended by striking “(a)–(k) and (n)” and inserting “(a)–(k), (n), and (q)”. (7) Subsections (b)(1) and (d) of section 8341 are each amended by striking “(n), and (o)” and inserting “(n), (o), and (q)”. (8) Section 8344(a)(A) is amended by striking “(i), and (n)” and inserting “(i), (n), and (q)”.
SEC. 3. AMENDMENTS TO CHAPTER 84. (a) Immediate Retirement.—Section 8412(d) is amended by striking “officer” each place it appears and inserting “officer, member of the Capitol Police,”. (b) Mandatory Separation.— (1) (A) Section 8425(b) is amended by striking “officer” each place it appears and inserting “officer, member of the Capitol Police,”. (B) Nothing in section 8425(b) of title 5, United States Code, as

5 USC 8425 note.

amended by subparagraph (A), shall require the automatic separation of any member of the Capitol Police before the end of the 2-year period beginning on the date of enactment of this Act. 104 STAT. 930 (2) Section 8425(c) is amended by inserting “(other than a member of the Capitol Police)” after “employee”.
Approved October 15, 1990.
LEGISLATIVE HISTORY—S. 2806 (H.R. 5641): CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 27, considered and passed House.

Oct. 2, considered and passed Senate.

 Public Law 101–429: To amend the Federal securities laws in order to provide additional enforcement remedies for violations of those laws and to eliminate abuses in transactions in penny stocks, and for other purposes. Public Law 429 Public Law 101–429 104 Stat. 931 1990-10-15 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 2025-06-19 101 public 104 STAT. 931 Public Law 101–429 101st Congress
An Act To amend the Federal securities laws in order to provide additional enforcement remedies for violations of those laws and to eliminate abuses in transactions in penny stocks, and for other purposes.

Oct. 15, 1990

[S. 647]

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

Securities Enforcement Remedies and Penny Stock Reform Act of 1990.

Brokers.

Investment companies.

Fraud.

15 USC 78a note.
SECTION 1. SHORT TITLEL TABLE OF CONTENTS; EFFECTIVE DATE. (a) Short Title.—This Act may be cited as the “Securities Enforcement Remedies and Penny Stock Reform Act of 1990”. (b) Table of Contents.— Sec. 1. TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. TITLE III— Sec. 301. Sec. 302. TITLE IV— Sec. 401. Sec. 402. Sec. 403. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. (c)

15 USC 77g note.

 Effective Dates.— (1) In general.—Except as provided in paragraphs (2) and (3), the amendments made by this Act shall be effective upon enactment. (2) Civil penalties.— (A) In general.—No civil penalty may be imposed pursuant to the amendments made by this Act on the basis of conduct occurring before the date of enactment of this Act. 104 STAT. 932 (B) Accounting and disgorgement.—Subparagraph (A) shall not operate to preclude the Securities and Exchange Commission from ordering an accounting or disgorgement pursuant to the amendments made by this Act. (3) Special rules for title v.— (A) Sections 503 and 504.—Except as provided in subparagraph (C), sections 503 and 504 shall be effective 12 months after the date of enactment of this Act or upon the issuance of final regulations initially implementing such section, whichever is earlier. (B) Sections 505 and 508.—Except as provided in subparagraph (C), sections 505 and 508 shall be effective 18 months after the date of enactment of this Act or upon the issuance of final regulations initially implementing such sections, whichever is earlier. (C) Commencement of rulemaking.—Not later than 180 days after the date of enactment of this Act, the Commission shall commence rulemaking proceedings to implement sections 503, 505, and 508.
<num value="I">TITLE I—</num><heading class="inline">AMENDMENTS TO THE SECURITIES ACT OF 1933</heading> <section> <num value="101">SEC. 101. </num><heading>AUTHORITY OF A COURT TO IMPOSE MONEY PENALTIES AND TO PROHIBIT PERSONS FROM SERVING AS OFFICERS AND DIRECTORS.</heading> <content>Section 20 of the Securities Act of 1933 (15 U.S.C. 77t) is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Money Penalties in Civil Actions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of commission</inline>.—</heading><content class="inline">Whenever it shall appear to the Commission that any person has violated any provision of this title, the rules or regulations thereunder, or a cease-and- desist order entered by the Commission pursuant to section 8A of this title, other than by committing a violation subject to a penalty pursuant to section 21A of the Securities Exchange Act of 1934, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, upon a proper showing, a civil penalty to be paid by the person who committed such violation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Amount of penalty</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The amount of the penalty shall be determined by the court in light of the facts and circumstances. For each violation, the amount of the penalty shall not exceed the greater of (i) $5,000 for a natural person or $50,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding subparagraph (A), the amount of penalty for each such violation shall not exceed the greater of (i) $50,000 for a natural person or $250,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless dis-regard of a regulatory requirement.</content> </subparagraph> <page identifier="/us/stat/104/933">104 STAT. 933</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding subparagraphs (A) and (B), the amount of penalty for each such violation shall not exceed the greater of (i) $100,000 for a natural person or $500,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>such violation directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons.</content> </subclause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Procedures for collection</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">Payment of penalty to treasury</inline>.—</heading><content class="inline">A penalty imposed under this section shall be payable into the Treasury of the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Collection of penalties</inline>.—</heading><content class="inline">If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court’s order, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Remedy not exclusive</inline>.—</heading><content class="inline">The actions authorized by this subsection may be brought in addition to any other action that the Commission or the Attorney General is entitled to bring.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Jurisdiction and venue</inline>.—</heading><content class="inline">For purposes of section 22 of this title, actions under this section shall be actions to enforce a liability or a duty created by this title.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Special provisions relating to a violation of a cease-and-desist order</inline>.—</heading><content class="inline">In an action to enforce a cease-and-desist order entered by the Commission pursuant to section 8A, each separate violation of such order shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such an order, each day of the failure to comply with the order shall be deemed a separate offense.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Authority of a Court To Prohibit Persons From Serving as Officers and Directors</inline>.—</heading><content class="inline">In any proceeding under subsection (b), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who violated section 17(a)(1) of this title from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 or that is required to file reports pursuant to section 15(d) of such Act if the person’s conduct demonstrates substantial unfitness to serve as an officer or director of any such issuer.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="102">SEC. 102. </num><heading>CEASE-AND-DESIST AUTHORITY.</heading> <content>The Securities Act of 1933 (15 U.S.C. 77 et seq.) is amended by inserting after section 8 the following: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“cease-and-desist proceedings</inline></heading> <num value="8A"><inline class="smallCaps">“Sec</inline>. 8A. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">Authority of the Commission</inline>.—</heading><content class="inline">If the Commission <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s77h-1">15 USC 77h-1</ref>.</p></sidenote>finds, after notice and opportunity for hearing, that any person is violating, has violated, or is about to violate any provision of this title, or any rule or regulation thereunder, the Commission may <page identifier="/us/stat/104/934">104 STAT. 934</page>publish its findings and enter an order requiring such person, and any other person that is, was, or would be a cause of the violation, due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from commit-ting or causing such violation and any future violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and desist from committing or causing a violation, require such person to comply, or to take steps to effect compliance, with such provision, rule, or regulation, upon such terms and conditions and within such time as the Commission may specify in such order. Any such order may, as the Commission deems appropriate, require future compliance or steps to effect future compliance, either permanently or for such period of time as the Commission may specify, with such provision, rule, or regulation with respect to any security, any issuer, or any other person.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Hearing</inline>.—</heading><content class="inline">The notice instituting proceedings pursuant to subsection (a) shall fix a hearing date not earlier than 30 days nor later than 60 days after service of the notice unless an earlier or a later date is set by the Commission with the consent of any respondent so served.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Temporary Order</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">Whenever the Commission determines that the alleged violation or threatened violation specified in the notice instituting proceedings pursuant to subsection (a), or the continuation thereof, is likely to result in significant dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest, including, but not limited to, losses to the Securities Investor Protection Corporation, prior to the completion of the proceedings, the Commission may enter a temporary order requiring the respondent to cease and desist from the violation or threatened violation and to take such action to prevent the violation or threatened violation and to prevent dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest as the Commission deems appropriate pending completion of such proceeding. Such an order shall be entered only after notice and opportunity for a hearing, unless the Commission determines that notice and hearing prior to entry would be impracticable or contrary to the public interest. A temporary order shall become effective upon service upon the respondent and, unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, shall remain effective and enforceable pending the completion of the proceedings.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Applicability</inline>.—</heading><content class="inline">This subsection shall apply only to a respondent that acts, or, at the time of the alleged misconduct acted, as a broker, dealer, investment adviser, investment company, municipal securities dealer, government securities broker, government securities dealer, or transfer agent, or is, or was at the time of the alleged misconduct, an associated person of, or a person seeking to become associated with, any of the foregoing.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Review of Temporary Orders</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Commission review</inline>.—</heading><content class="inline">At any time after the respondent has been served with a temporary cease-and-desist order pursuant to subsection (c), the respondent may apply to the Commission to have the order set aside, limited, or suspended. If the respondent has been served with a temporary cease-and-desist order entered without a prior Commission hearing, the respond-<page identifier="/us/stat/104/935">104 STAT. 935</page>ent may, within 10 days after the date on which the order was served, request a hearing on such application and the Commission shall hold a hearing and render a decision on such application at the earliest possible time.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Judicial review</inline>.—</heading><chapeau class="inline">Within—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>10 days after the date the respondent was served with a temporary cease-and-desist order entered with a prior Commission hearing, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>10 days after the Commission renders a decision on an application and hearing under paragraph (1), with respect to any temporary cease-and-desist order entered without a prior Commission hearing,</content> </subparagraph> <continuation>the respondent may apply to the United States district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, and the court shall have jurisdiction to enter such an order. A respondent served with a temporary cease-and-desist order entered without a prior Commission hearing may not apply to the court except after hearing and decision by the Commission on the respondent’s application under paragraph (1) of this subsection.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">No automatic stay of temporary order</inline>.—</heading><content class="inline">The commencement of proceedings under paragraph (2) of this subsection shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Exclusive review</inline>.—</heading><content class="inline">Section 9(a) of this title shall not apply to a temporary order entered pursuant to this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Authority To Enter an Order Requiring an Accounting and Disgorgement</inline>.—</heading><content class="inline">In any cease-and-desist proceeding under subsection (a), the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.”.</content> </subsection> </section> </quotedContent> </content> </section> <num value="II">TITLE II—</num><heading class="inline">AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934</heading> <section> <num value="201">SEC. 201. </num><heading>ENFORCEMENT OF TITLE.</heading> <chapeau>Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating subsection (d) as subsection (d)(1);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after subsection (d)(1) the following new paragraphs: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Authority of a Court To Prohibit Persons From Serving as Officers and Directors</inline>.—</heading><content class="inline">In any proceeding under paragraph (1) of this subsection, the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person who violated section 10(b) of this title or the rules or regulations thereunder from acting as an officer or director of any issuer that has a class of securities registered pursuant to section 12 of this title or that is required to file reports pursuant to section 15(d) of this title if the person’s conduct demonstrates <page identifier="/us/stat/104/936">104 STAT. 936</page>substantial unfitness to serve as an officer or director of any such issuer.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Money Penalties in Civil Actions</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num><sidenote><p class="indent0 fontsize8">Courts.</p></sidenote> <heading class="inline"><inline class="smallCaps">Authority of commission</inline>.—</heading><content class="inline">Whenever it shall appear to the Commission that any person has violated any provision of this title, the rules or regulations thereunder, or a cease-and-desist order entered by the Commission pursuant to section 21C of this title, other than by committing a violation subject to a penalty pursuant to section 21A, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, upon a proper showing, a civil penalty to be paid by the person who committed such violation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Amount of penalty</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The amount of the penalty shall be determined by the court in light of the facts and circumstances. For each violation, the amount of the penalty shall not exceed the greater of (I) $5,000 for a natural person or $50,000 for any other person, or (II) the gross amount of pecuniary gain to such defendant as a result of the violation.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding clause (i), the amount of penalty for each such violation shall not exceed the greater of (I) $50,000 for a natural person or $250,000 for any other person, or (II) the gross amount of pecuniary gain to such defendant as a result of the violation, if the violation described in subparagraph (A) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding clauses (i) and (ii), the amount of penalty for each such violation shall not exceed the greater of (I) $100,000 for a natural person or $500,000 for any other person, or (II) the gross amount of pecuniary gain to such defendant as a result of the violation, if—</chapeau> <subitem class="firstIndent1 fontsize10"> <num value="aa">“(aa) </num> <content>the violation described in subparagraph (A) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </subitem> <subitem class="firstIndent1 fontsize10"> <num value="bb">“(bb) </num> <content>such violation directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons.</content> </subitem> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Procedures for collection</inline>.—</heading> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <heading><inline class="smallCaps">Payment of penalty to treasury</inline>.—</heading><content class="inline">A penalty imposed under this section shall be payable into the Treasury of the United States.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <heading><inline class="smallCaps">Collection of penalties</inline>.—</heading><content class="inline">If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court’s order, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <heading><inline class="smallCaps">Remedy not exclusive</inline>.—</heading><content class="inline">The actions authorized by this paragraph may be brought in addition to any other action that the Commission or the Attorney General is entitled to bring.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <heading><inline class="smallCaps">Jurisdiction and venue</inline>.—</heading><content class="inline">For purposes of section 27 of this title, actions under this paragraph shall be actions to enforce a liability or a duty created by this title.</content> </clause> </subparagraph> <page identifier="/us/stat/104/937">104 STAT. 937</page> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Special provisions relating to a violation of a cease-and-desist order</inline>.—</heading><content class="inline">In an action to enforce a cease-and-desist order entered by the Commission pursuant to section 21C, each separate violation of such order shall be a separate offense, except that in the case of a violation through a continuing failure to comply with the order, each day of the failure to comply shall be deemed a separate offense.”.</content> </subparagraph> </paragraph> </quotedContent> </content></paragraph> </section> <section> <num value="202">SEC. 202. </num><heading>CIVIL REMEDIES IN ADMINISTRATIVE PROCEEDINGS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>The Securities Exchange Act of 1934 is amended by inserting after section 21A (15 U.S.C. 78u-1) the following: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“civil remedies in administrative proceedings</inline></heading> <num value="21B"><inline class="smallCaps">“Sec</inline>. 21B. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">Commission Authority To Assess Money Penalties</inline>.—</heading><chapeau class="inline"><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78u-2">15 USC 78u-2</ref>.</p></sidenote>In any proceeding instituted pursuant to sections 15(b)(4), 15(b)(6), 15B, 15C, or 17A of this title against any person, the Commission or the appropriate regulatory agency may impose a civil penalty if it finds, on the record after notice and opportunity for hearing, that such person—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>has willfully violated any provision of the Securities Act of 1933, the Investment Company Act of 1940, the Investment Advisers Act of 1940, or this title, or the rules or regulations thereunder, or the rules of the Municipal Securities Rule-making Board;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>has willfully aided, abetted, counseled, commanded, induced, or procured such a violation by any other person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>has willfully made or caused to be made in any application for registration or report required to be filed with the Commission or with any other appropriate regulatory agency under this title, or in any proceeding before the Commission with respect to registration, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which is required to be stated therein; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>has failed reasonably to supervise, within the meaning of section 15(b)(4)(E) of this title, with a view to preventing violations of the provisions of such statutes, rules and regulations, another person who commits such a violation, if such other person is subject to his supervision;</content> </paragraph> <continuation>and that such penalty is in the public interest.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Maximum Amount of Penalty</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The maximum amount of penalty for each act or omission described in subsection (a) shall be $5,000 for a natural person or $50,000 for any other person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding paragraph (1), the maxi-mum amount of penalty for each such act or omission shall be $50,000 for a natural person or $250,000 for any other person if the act or omission described in subsection (a) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding paragraphs (1) and (2), the maximum amount of penalty for each such act or omission shall be $100,000 for a natural person or $500,000 for any other person if—</chapeau> <page identifier="/us/stat/104/938">104 STAT. 938</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the act or omission described in subsection (a) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>such act or omission directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons or resulted in substantial pecuniary gain to the person who committed the act or omission.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Determination of Public Interest</inline>.—</heading><chapeau class="inline">In considering under this section whether a penalty is in the public interest, the Commission or the appropriate regulatory agency may consider—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>whether the act or omission for which such penalty is assessed involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the harm to other persons resulting either directly or indirectly from such act or omission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the extent to which any person was unjustly enriched, taking into account any restitution made to persons injured by such behavior;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>whether such person previously has been found by the Commission, another appropriate regulatory agency, or a self- regulatory organization to have violated the Federal securities laws, State securities laws, or the rules of a self-regulatory organization, has been enjoined by a court of competent jurisdiction from violations of such laws or rules, or has been convicted by a court of competent jurisdiction of violations of such laws or of any felony or misdemeanor described in section 15(b)(4)(B) of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the need to deter such person and other persons from committing such acts or omissions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>such other matters as justice may require.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Evidence Concerning Ability To Pay</inline>.—</heading><content class="inline">In any proceeding in which the Commission or the appropriate regulatory agency may impose a penalty under this section, a respondent may present evidence of the respondent’s ability to pay such penalty. The Commission or the appropriate regulatory agency may, in its discretion, consider such evidence in determining whether such penalty is in the public interest. Such evidence may relate to the extent of such person’s ability to continue in business and the collectability of a penalty, taking into account any other claims of the United States or third parties upon such person’s assets and the amount of such person’s assets.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Authority To Enter an Order Requiring an Accounting and Disgorgement</inline>.—</heading><content class="inline">In any proceeding in which the Commission or the appropriate regulatory agency may impose a penalty under this section, the Commission or the appropriate regulatory agency may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.”.</content> </subsection> </section> </quotedContent> </content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Conforming Amendment</inline>.—</heading><content class="inline">The heading of section 21A of this title (15 U.S.C. 78u-l) is amended to read as follows: <page identifier="/us/stat/104/939">104 STAT. 939</page> <quotedContent> <heading class="centered"><inline class="smallCaps">“civil penalties for insider trading</inline>”</heading> </quotedContent> </content></subsection> </section> <section> <num value="203">SEC. 203. </num><heading>CEASE-AND-DESIST AUTHORITY.</heading> <content>The Securities and Exchange Act of 1934 is amended by adding after section 21B (as added by section 202 of this Act) the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“cease-and-desist proceedings</inline></heading> <num value="21C"><inline class="smallCaps">“Sec</inline>. 21C. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">Authority of the Commission</inline>.—</heading><content class="inline">If the Commission <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78u-3">15 USC 78u-3</ref>.</p></sidenote>finds, after notice and opportunity for hearing, that any person is violating, has violated, or is about to violate any provision of this title, or any rule or regulation thereunder, the Commission may publish its findings and enter an order requiring such person, and any other person that is, was, or would be a cause of the violation, due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from commit-ting or causing such violation and any future violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and desist from committing or causing a violation, require such person to comply, or to take steps to effect compliance, with such provision, rule, or regulation, upon such terms and conditions and within such time as the Commission may specify in such order. Any such order may, as the Commission deems appropriate, require future compliance or steps to effect future compliance, either permanently or for such period of time as the Commission may specify, with such provision, rule, or regulation with respect to any security, any issuer, or any other person.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Hearing</inline>.—</heading><content class="inline">The notice instituting proceedings pursuant to subsection (a) shall fix a hearing date not earlier than 30 days nor later than 60 days after service of the notice unless an earlier or a later date is set by the Commission with the consent of any respondent so served.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Temporary Order</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">Whenever the Commission determines that the alleged violation or threatened violation specified in the notice instituting proceedings pursuant to subsection (a), or the continuation thereof, is likely to result in significant dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest, including, but not limited to, losses to the Securities Investor Protection Corporation, prior to the completion of the proceedings, the Commission may enter a temporary order requiring the respondent to cease and desist from the violation or threatened violation and to take such action to prevent the violation or threatened violation and to prevent dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest as the Commission deems appropriate pending completion of such proceedings. Such an order shall be entered only after notice and opportunity for a hearing, unless the Commission deter-mines that notice and hearing prior to entry would be impracticable or contrary to the public interest. A temporary order shall become effective upon service upon the respondent and, unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, shall remain effective and enforceable pending the completion of the proceedings.</content> </paragraph> <page identifier="/us/stat/104/940">104 STAT. 940</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Applicability</inline>.—</heading><content class="inline">This subsection shall apply only to a respondent that acts, or, at the time of the alleged misconduct acted, as a broker, dealer, investment adviser, investment company, municipal securities dealer, government securities broker, government securities dealer, or transfer agent, or is, or was at the time of the alleged misconduct, an associated person of, or a person seeking to become associated with, any of the foregoing.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Review of Temporary Orders</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Commission review</inline>.—</heading><content class="inline">At any time after the respondent has been served with a temporary cease-and-desist order pursuant to subsection (c), the respondent may apply to the Commission to have the order set aside, limited, or suspended. If the respondent has been Served with a temporary cease-and-desist order entered without a prior Commission hearing, the respondent may, within 10 days after the date on which the order was served, request a hearing on such application and the Commission shall hold a hearing and render a decision on such application at the earliest possible time.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Judicial review</inline>.—</heading><chapeau class="inline">Within—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>10 days after the date the respondent was served with a temporary cease-and-desist order entered with a prior Commission hearing, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>10 days after the Commission renders a decision on an application and hearing under paragraph (1), with respect to any temporary cease-and-desist order entered without a prior Commission hearing,</content> </subparagraph> <continuation>the respondent may apply to the United States district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, and the court shall have jurisdiction to enter such an order. A respondent served with a temporary cease-and-desist order entered without a prior Commission hearing may not apply to the court except after hearing and decision by the Commission on the respondent’s application under paragraph (1) of this subsection.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">No automatic stay of temporary order</inline>.—</heading><content class="inline">The commencement of proceedings under paragraph (2) of this subsection shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Exclusive review</inline>.—</heading><content class="inline">Section 25 of this title shall not apply to a temporary order entered pursuant to this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Authority To Enter an Order Requiring an Accounting and Disgorgement</inline>.—</heading><content class="inline">In any cease-and-desist proceeding under subsection (a), the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="204">SEC. 204. </num><heading>PROCEDURAL RULES FOR CEASE-AND-DESIST PROCEEDINGS.</heading> <content>Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><sidenote><p class="indent0 fontsize8">Regulations.</p></sidenote> <heading class="inline"><inline class="smallCaps">Cease-and-Desist Procedures</inline>.—</heading><content class="inline">Within 1 year after the date of enactment of this subsection, the Commission shall establish <page identifier="/us/stat/104/941">104 STAT. 941</page>regulations providing for the expeditious conduct of hearings and rendering of decisions under section 21C of this title, section 8A of the Securities Act of 1933, section 9(f) of the Investment Company Act of 1940, and section 203(k) of the Investment Advisers Act of 1940.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="205">SEC. 205. </num><heading>CONFORMING AMENDMENTS TO SECTION 15B.</heading> <chapeau>Section 15B(c)(6)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)(6)(A)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking “<quotedText>and the nature</quotedText>” and inserting “<quotedText>, the nature</quotedText>”, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking “<quotedText>proposed action and</quotedText>” and inserting “<quotedText>proposed action, and whether the Commission is seeking a monetary penalty against such municipal securities dealer or such associated person pursuant to section 21B of this title; and</quotedText>”</content> </paragraph> </section> <section> <num value="206">SEC. 206. </num><heading>SIGNATURE GUARANTEES.</heading> <content>Section 17A(d) of the Securities Exchange Act of 1934 (15 U.S.C. <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78q-1">15 USC 78q-1</ref>.</p></sidenote>78q-9(d)(4)) is amended by adding at the end the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>A registered transfer agent may not, directly or indirectly, engage in any activity in connection with the guarantee of a signature of an endorser of a security, including the acceptance or rejection of such guarantee, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest, for the protection of investors, to facilitate the equitable treatment of financial institutions which issue such guarantees, or otherwise in furtherance of the purposes of this title.”.</content> </paragraph> </quotedContent> </content> </section> <num value="I">TITLE III—</num><heading class="inline">AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940</heading> <section> <num value="301">SEC. 301. </num><heading>CIVIL REMEDIES IN ADMINISTRATIVE PROCEEDINGS.</heading> <chapeau>Section 9 of the Investment Company Act of 1940 (15 U.S.C. 80a-9) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating subsection (d) as subsection (g);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after subsection (c) the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Money Penalties in Administrative Proceedings</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of commission</inline>.—</heading><chapeau class="inline">In any proceeding instituted pursuant to subsection (b) against any person, the Commission may impose a civil penalty if it finds, on the record after notice and opportunity for hearing, that such person—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has willfully violated any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, or this title, or the rules or regulations thereunder;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>has willfully aided, abetted, counseled, commanded, induced, or procured such a violation by any other person; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>has willfully made or caused to be made in any registration statement, application, or report required to be filed with the Commission under this title, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect <page identifier="/us/stat/104/942">104 STAT. 942</page>to any material fact, or has omitted to state in any such registration statement, application, or report any material fact which was required to be stated therein;</content> </subparagraph> <continuation>and that such penalty is in the public interest.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Maximum amount of penalty</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The maximum amount of penalty for each act or omission described in paragraph (1) shall be $5,000 for a natural person or $50,000 for any other person.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding subparagraph (A), the maximum amount of penalty for each such act or omission shall be $50,000 for a natural person or $250,000 for any other person if the act or omission described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding subparagraphs (A) and (B), the maximum amount of penalty for each such act or omission shall be $100,000 for a natural person or $500,000 for any other person if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the act or omission described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>such act or omission directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons or resulted in substantial pecuniary gain to the person who commit-ted the act or omission.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Determination of public interest</inline>.—</heading><chapeau class="inline">In considering under this section whether a penalty is in the public interest, the Commission may consider—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>whether the act or omission for which such penalty is assessed involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the harm to other persons resulting either directly or indirectly from such act or omission;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the extent to which any person was unjustly enriched, taking into account any restitution made to persons injured by such behavior;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>whether such person previously has been found by the Commission, another appropriate regulatory agency, or a self-regulatory organization to have violated the Federal securities laws, State securities laws, or the rules of a self-regulatory organization, has been enjoined by a court of competent jurisdiction from violations of such laws or rules, or has been convicted by a court of competent jurisdiction of violations of such laws or of any felony or misdemeanor described in section 203(e)(2) of the Investment Advisers Act of 1940;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the need to deter such person and other persons from committing such acts or omissions; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>such other matters as justice may require.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Evidence concerning ability to pay</inline>.—</heading><content class="inline">In any proceeding in which the Commission may impose a penalty under this section, a respondent may present evidence of the respondent’s ability to pay such penalty. The Commission may, in its discretion, consider such evidence in determining whether such penalty is in the public interest. Such evidence may relate to the extent of such person’s ability to continue in business and the <page identifier="/us/stat/104/943">104 STAT. 943</page>collectability of a penalty, taking into account any other claims of the United States or third parties upon such person’s assets and the amount of such person’s assets.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Authority To Enter an Order Requiring an Accounting and Disgorgement</inline>.—</heading><content class="inline">In any proceeding in which the Commission may impose a penalty under this section, the Commission may enter an order requiring accounting and disgorgement, including reason-able interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <heading><inline class="smallCaps">Cease-and-Desist Proceedings</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of the commission</inline>.—</heading><content class="inline">If the Commission finds, after notice and opportunity for hearing, that any person is violating, has violated, or is about to violate any provision of this title, or any rule or regulation thereunder, the Commission may publish its findings and enter an order requiring such person, and any other person that is, was, or would be a cause of the violation, due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from committing or causing such violation and any future violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and desist from committing or causing a violation, require such person to comply, or to take steps to effect compliance, with such provision, rule, or regulation, upon such terms and conditions and within such time as the Commission may specify in such order. Any such order may, as the Commission deems appropriate, require future compliance or steps to effect future compliance, either permanently or for such period of time as the Commission may specify, with such provision, rule, or regulation with respect to any security, any issuer, or any other person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Hearing</inline>.—</heading><content class="inline">The notice instituting proceedings pursuant to paragraph (1) shall fix a hearing date not earlier than 30 days nor later than 60 days after service of the notice unless an earlier or a later date is set by the Commission with the consent of any respondent so served.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Temporary order</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">Whenever the Commission determines that the alleged violation or threatened violation specified in the notice instituting proceedings pursuant to paragraph (1), or the continuation thereof, is likely to result in significant dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest, including, but not limited to, losses to the Securities Investor Protection Corporation, prior to the completion of the proceeding, the Commission may enter a temporary order requiring the respondent to cease and desist from the violation or threatened violation and to take such action to prevent the violation or threatened violation and to prevent dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest as the Commission deems appropriate pending completion of such proceedings. Such an order shall be entered only after notice and opportunity for a hearing, unless the Commission, notwithstanding section 40(a) of this title, determines that notice and hearing prior to entry would be impractica-<page identifier="/us/stat/104/944">104 STAT. 944</page>ble or contrary to the public interest. A temporary order shall become effective upon service upon the respondent and, unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, shall remain effective and enforceable pending the completion of the proceedings.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Applicability</inline>.—</heading><content class="inline">This paragraph shall apply only to a respondent that acts, or, at the time of the alleged misconduct acted, as a broker, dealer, investment adviser, investment company, municipal securities dealer, government securities broker, government securities dealer, or transfer agent, or is, or was at the time of the alleged misconduct, an associated person of, or a person seeking to become associated with, any of the foregoing.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Review of temporary orders</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">Commission review</inline>.—</heading><content class="inline">At any time after the respondent has been served with a temporary cease-and-desist order pursuant to paragraph (3), the respondent may apply to the Commission to have the order set aside, limited, or suspended. If the respondent has been served with a temporary cease-and-desist order entered without a prior Commission hearing, the respondent may, within 10 days after the date on which the order was served, request a hearing on such application and the Commission shall hold a hearing and render a decision on such application at the earliest possible time.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Judicial review</inline>.—</heading><chapeau class="inline">Within—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>10 days after the date the respondent was served with a temporary cease-and-desist order entered with a prior Commission hearing, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>10 days after the Commission renders a decision on an application and hearing under subparagraph (A), with respect to any temporary cease-and-desist order entered without a prior Commission hearing,</content> </clause> <continuation>the respondent may apply to the United States district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, and the court shall have jurisdiction to enter such an order. A respondent served with a temporary cease-and-desist order entered without a prior Commission hearing may not apply to the court except after hearing and decision by the Commission on the respondent’s application under subparagraph (A) of this paragraph.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading>><inline class="smallCaps">No automatic stay of temporary order</inline>.—</heading><content class="inline">The commencement of proceedings under subparagraph (B) of this paragraph shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Exclusive review</inline>.—</heading><content class="inline">Section 43 of this title shall not’ apply to a temporary order entered pursuant to this section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading><inline class="smallCaps">Authority to enter an order requiring an accounting and disgorgement</inline>.—</heading><content class="inline">In any cease-and-desist proceeding under subsection (f)(1), the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of <page identifier="/us/stat/104/945">104 STAT. 945</page>interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.”; and</content> </paragraph> </subsection> </quotedContent> </content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in redesignated subsection (g), by striking “<quotedText>subsections (a) through (c) of</quotedText>”.</content> </paragraph> </section> <section> <num value="302">SEC. 302. </num><heading>MONEY PENALTIES IN CIVIL ACTIONS.</heading> <content>Section 42 of the Investment Company Act of 1940 (15 U.S.C. 80a–41) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Money Penalties in Civil Actions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of commission</inline>.—</heading><content class="inline">Whenever it shall appear to the Commission that any person has violated any provision of this title, the rules or regulations thereunder, or a cease-and-desist order entered by the Commission pursuant to section 9(f) of this title, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, upon a proper showing, a civil penalty to be paid by the person who committed such violation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Amount of penalty</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The amount of the penalty shall be determined by the court in light of the facts and circumstances. For each violation, the amount of the penalty shall not exceed the greater of (i) $5,000 for a natural person or $50,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding subparagraph (A), the amount of penalty for each such violation shall not exceed the greater of (i) $50,000 for a natural person or $250,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless dis-regard of a regulatory requirement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding subparagraphs (A) and (B), the amount of penalty for each such violation shall not exceed the greater of (i) $100,000 for a natural person or $500,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>such violation directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons.</content> </subclause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Procedures for collection</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">Payment of penalty to treasury</inline>.—</heading><content class="inline">A penalty imposed under this section shall be payable into the Treasury of the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Collection of penalties</inline>.—</heading><content class="inline">If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court’s order, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.</content> </subparagraph> <page identifier="/us/stat/104/946">104 STAT. 946</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Remedy not exclusive</inline>.—</heading><content class="inline">The actions authorized by this subsection may be brought in addition to any other action that the Commission or the Attorney General is entitled to bring.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Jurisdiction and venue</inline>.—</heading><content class="inline">For purposes of section 44 of this title, actions under this paragraph shall be actions to enforce a liability or a duty created by this title.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Special provisions relating to a violation of a cease-and-desist order</inline>.—</heading><content class="inline">In an action to enforce a cease-and-desist order entered by the Commission pursuant to section 9(f), each separate violation of such order shall be a separate offense, except that in the case of a violation through a continuing failure to comply with the order, each day of the failure to comply shall be deemed a separate offense.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <num value="IV">TITLE IV—</num><heading class="inline">AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940</heading> <section> <num value="401">SEC. 401. </num><heading>CIVIL REMEDIES IN ADMINISTRATIVE PROCEEDINGS.</heading> <content>Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3) is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num> <heading><inline class="smallCaps">Money Penalties in Administrative Proceedings</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of commission</inline>.—</heading><chapeau class="inline">In any proceeding instituted pursuant to subsection (e) or (f) against any person, the Commission may impose a civil penalty if it finds, on the record after notice and opportunity for hearing, that such person—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has willfully violated any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, or this title, or the rules or regulations thereunder;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>has willfully aided, abetted, counseled, commanded, induced, or procured such a violation by any other person;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>has willfully made or caused to be made in any application for registration or report required to be filed with the Commission under this title, or in any proceeding before the Commission with respect to registration, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which was required to be stated therein; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>has failed reasonably to supervise, within the meaning of section 203(e)(5) of this title, with a view to preventing violations of the provisions of this title and the rules and regulations thereunder, another person who commits such a violation, if such other person is subject to his supervision;</content> </subparagraph> <continuation>and that such penalty is in the public interest.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Maximum amount of penalty</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The maximum amount of penalty for each act or omission described in paragraph (1) shall be $5,000 for a natural person or $50,000 for any other person.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding subparagraph (A), the maximum amount of penalty for each such act or <page identifier="/us/stat/104/947">104 STAT. 947</page>omission shall be $50,000 for a natural person or $250,000 for any other person if the act or omission described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding subparagraphs (A) and (B), the maximum amount of penalty for each such act or omission shall be $100,000 for a natural person or $500,000 for any other person if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the act or omission described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>such act or omission directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons or resulted in substantial pecuniary gain to the person who commit-ted the act or omission.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Determination of public interest</inline>.—</heading><chapeau class="inline">In considering under this section whether a penalty is in the public interest, the Commission may consider—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>whether the act or omission for which such penalty is assessed involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulator requirement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the harm to other persons resulting either directly or indirectly from such act or omission;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the extent to which any person was unjustly enriched, taking into account any restitution made to persons injured by such behavior;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>whether such person previously has been found by the Commission, another appropriate regulatory agency, or a self-regulatory organization to have violated the Federal securities laws, State securities laws, or the rules of a self-regulatory organization, has been enjoined by a court of competent jurisdiction from violations of such laws or rules, or has been convicted by a court of competent jurisdiction of violations of such laws or of any felony or misdemeanor described in section 203(e)(2) of this title;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the need to deter such person and other persons from committing such acts or omissions; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>such other matters as justice may require.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Evidence concerning ability to pay</inline>.—</heading><content class="inline">In any proceeding in which the Commission may impose a penalty under this section, a respondent may present evidence of the respondent’s ability to pay such penalty. The Commission may, in its discretion, consider such evidence in determining whether such penalty is in the public interest. Such evidence may relate to the extent of such person’s ability to continue in business and the collectability of a penalty, taking into account any other claims of the United States or third parties upon such person’s assets and the amount of such person s assets.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="j">“(j) </num> <heading><inline class="smallCaps">Authority To Enter an Order Requiring an Accounting and Disgorgement</inline>.—</heading><content class="inline">In any proceeding in which the Commission may impose a penalty under this section, the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.</content> </subsection> <page identifier="/us/stat/104/948">104 STAT. 948</page> <subsection class="firstIndent1 fontsize10"><num value="k">“(k) </num> <heading><inline class="smallCaps">Cease-and-Desist Proceedings</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of the commission</inline>.—</heading><content class="inline">If the Commission finds, after notice and opportunity for hearing, that any person is violating, has violated, or is about to violate any provision of this title, or any rule or regulation thereunder, the Commission may publish its findings and enter an order requiring such person, and any other person that is, was, or would be a cause of the violation, due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from committing or causing such violation and any future violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and desist from committing or causing a violation, require such person to comply, or to take steps to effect compliance, with such provision, rule, or regulation, upon such terms and conditions and within such time as the Commission may specify in such order. Any such order may, as the Commission deems appropriate, require future compliance or steps to effect future compliance, either permanently or for such period of time as the Commission may specify, with such provision, rule, or regulation with respect to any security, any issuer, or any other person.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Hearing</inline>.—</heading><content class="inline">The notice instituting proceedings pursuant to paragraph (1) shall fix a hearing date not earlier than 30 days nor later than 60 days after service of the notice unless an earlier or a later date is set by the Commission with the consent of any respondent so served.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Temporary order</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">Whenever the Commission determines that the alleged violation or threatened violation specified in the notice instituting proceedings pursuant to paragraph (1), or the continuation thereof, is likely to result in significant dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest, including, but not limited to, losses to the Securities Investor Protection Corporation, prior to the completion of the proceedings, the Commission may enter a temporary order requiring the respondent to cease and desist from the violation or threatened violation and to take such action to prevent the violation or threatened violation and to prevent dissipation or conversion of assets, significant harm to investors, or substantial harm to the public interest as the Commission deems appropriate pending completion of such proceedings. Such an order shall be entered only after notice and opportunity for a hearing, unless the Commission, notwithstanding section 211(c) of this title, determines that notice and hearing prior to entry would be impracticable or contrary to the public interest. A temporary order shall become effective upon service upon the respondent and, unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, shall remain effective and enforceable pending the completion of the proceedings.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Applicability</inline>.—</heading><content class="inline">This paragraph shall apply only to a respondent that acts, or, at the time of the alleged mis-conduct acted, as a broker, dealer, investment adviser, investment company, municipal securities dealer, government securities broker, government securities dealer, or <page identifier="/us/stat/104/949">104 STAT. 949</page>transfer agent, or is, or was at the time of the alleged misconduct, an associated person of, or a person seeking to become associated with, any of the foregoing.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Review of temporary orders</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">Commission review</inline>.—</heading><content class="inline">At any time after the respondent has been served with a temporary cease-and-desist order pursuant to paragraph (3), the respondent may apply to the Commission to have the order set aside, limited, or suspended. If the respondent has been served with a temporary cease-and-desist order entered without a prior Commission hearing, the respondent may, within 10 days after the date on which the order was served, request a hearing on such application and the Commission shall hold a hearing and render a decision on such application at the earliest possible time.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Judicial review</inline>.—</heading><chapeau class="inline">Within—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>10 days after the date the respondent was served with a temporary cease-and-desist order entered with a prior Commission hearing, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>10 days after the Commission renders a decision on an application and hearing under subparagraph (A), with respect to any temporary cease-and-desist order entered without a prior Commission hearing,</content> </clause> <continuation>the respondent may apply to the United States district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, and the court shall have jurisdiction to enter such an order. A respondent served with a temporary cease-and-desist order entered without a prior Commission hearing may not apply to the court except after hearing and decision by the Commission on the respondent’s application under subparagraph (A) of this paragraph.</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">No automatic stay of temporary order</inline>.—</heading><content class="inline">The commencement of proceedings under subparagraph (B) of this paragraph shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Exclusive review</inline>.—</heading><content class="inline">Section 213 of this title shall not apply to a temporary order entered pursuant to this section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading><inline class="smallCaps">Authority to enter an order requiring an accounting and disgorgement</inline>.—</heading><content class="inline">In any cease-and-desist proceeding under paragraph (1), the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="402">SEC. 402. </num><heading>MONEY PENALTIES IN CIVIL ACTIONS.</heading> <content>Section 209 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <heading><inline class="smallCaps">Money Penalties in Civil Actions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Authority of commission</inline>.—</heading><content class="inline">Whenever it shall appear to the Commission that any person has violated any provision of <page identifier="/us/stat/104/950">104 STAT. 950</page>this title, the rules or regulations thereunder, or a cease-and-desist order entered by the Commission pursuant to section 203(k) of this title, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, upon a proper showing, a civil penalty to be paid by the person who committed such violation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Amount of penalty</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">First tier</inline>.—</heading><content class="inline">The amount of the penalty shall be determined by the court in light of the facts and circumstances. For each violation, the amount of the penalty shall not exceed the greater of (i) $5,000 for a natural person or $50,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Second tier</inline>.—</heading><content class="inline">Notwithstanding subparagraph (A), the amount of penalty for each such violation shall not exceed the greater of (i) $50,000 for a natural person or $250,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless dis-regard of a regulatory requirement.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Third tier</inline>.—</heading><chapeau class="inline">Notwithstanding subparagraphs (A) and (B), the amount of penalty for each such violation shall not exceed the greater of (i) $100,000 for a natural person or $500,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>such violation directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons.</content> </subclause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Procedures for collection</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <heading><inline class="smallCaps">Payment of penalty to treasury</inline>.—</heading><content class="inline">A penalty imposed under this section shall be payable into the Treasury of the United States.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <heading><inline class="smallCaps">Collection of penalties</inline>.—</heading><content class="inline">If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court’s order, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <heading><inline class="smallCaps">Remedy not exclusive</inline>.—</heading><content class="inline">The actions authorized by this subsection may be brought in addition to any other action that the Commission or the Attorney General is entitled to bring.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <heading><inline class="smallCaps">Jurisdiction and venue</inline>.—</heading><content class="inline">For purposes of section 214 of this title, actions under this paragraph shall be actions to enforce a liability or a duty created by this title.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Special provisions relating to a violation of a cease-and-desist order</inline>.—</heading><content class="inline">In an action to enforce a cease-and-desist order entered by the Commission pursuant to section 203(k), each separate violation of such order shall be a separate offense, except that in the case of a violation through a continuing <page identifier="/us/stat/104/951">104 STAT. 951</page>failure to comply with the order, each day of the failure to comply shall be deemed a separate offense.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="403">SEC. 403. </num><heading>CONFORMING AMENDMENT TO SECTION 214.</heading> <chapeau>Section 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–14) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after “<quotedText>all suits in equity</quotedText>” the following: “<quotedText>and actions at law brought to enforce any liability or duty created by, or</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after “<quotedText>Any suit or action</quotedText>” the following: “<quotedText>to enforce any liability or duty created by, or</quotedText>”.</content> </paragraph> </section> <num value="V">TITLE V—</num><heading class="inline">PENNY STOCK REFORM<sidenote><p class="indent0 fontsize8">Penny Stock Reform Act of 1990.</p></sidenote></heading> <section> <num value="501">SEC. 501. </num><heading>SHORT TITLE.<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78a">15 USC 78a note</ref>.</p></sidenote></heading> <content>This title may be cited as the “<shortTitle role="title">Penny Stock Reform Act of 1990</shortTitle>”.</content> </section> <section> <num value="502">SEC. 502. </num><heading>FINDINGS.<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78o">15 USC 78o note</ref>.</p></sidenote></heading> <chapeau>The Congress finds the following:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The maintenance of an honest and healthy primary and secondary market for securities offerings is essential to enhancing long-term capital formation and economic growth and providing legitimate investment opportunities for individuals and institutions.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Protecting investors in new securities is a critical component in the maintenance of an honest and healthy market for such securities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Protecting issuers of new securities and promoting the capital formation process on behalf of small companies are fundamental concerns in maintaining a strong economy and viable trading markets.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Unscrupulous market practices and market participants have pervaded the “<quotedText>penny stock</quotedText>” market with an overwhelming amount of fraud and abuse.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Although the Securities and Exchange Commission, State securities regulators, and securities self-regulators have made efforts to curb these abusive and harmful practices, the penny stock market still lacks an adequate and sufficient regulatory structure, particularly in comparison to the structure for overseeing trading in National Market System securities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Investors in the penny stock market suffer from a serious lack of adequate information concerning price and volume of penny stock transactions, the nature of this market, and the specific securities in which they are investing.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Current practices do not adequately regulate the role of “promoters” and “<quotedText>consultants</quotedText>” in the penny stock market, and many professionals who have been banned from the securities markets have ended up in promoter and consultant roles, contributing substantially to fraudulent and abusive schemes.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The present regulatory environment has permitted the ascendancy of the use of particular market practices, such as “reverse mergers” with shell corporations and “<quotedText>blank check</quotedText>” offerings, which are used to facilitate manipulation schemes and harm investors.</content> </paragraph> <page identifier="/us/stat/104/952">104 STAT. 952</page> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>In light of the substantial and continuing problems in the penny stock markets, additional legislative measures are necessary and appropriate.</content> </paragraph> </section> <section> <num value="503">SEC. 503. </num><heading>DEFINITION OF PENNY STOCK.</heading> <content>Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="51">“(51)</num><sidenote><p class="indent0 fontsize8">Regulations.</p></sidenote><subparagraph class="inline"><num value="A">(A) </num><chapeau>The term ‘penny stock’ means any equity security other than a security that is—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>registered or approved for registration and traded on a national securities exchange that meets such criteria as the Commission shall prescribe by rule or regulation for purposes of this paragraph;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>authorized for quotation on an automated quotation system sponsored by a registered securities association, if such system (I) was established and in operation before January 1,1990, and (II) meets such criteria as the Commission shall prescribe by rule or regulation for purposes of this paragraph;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>issued by an investment company registered under the Investment Company Act of 1940;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>excluded, on the basis of exceeding a minimum price, net tangible assets of the issuer, or other relevant criteria, from the definition of such term by rule or regulation which the Commission shall prescribe for purposes of this paragraph; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="v">“(v) </num> <content>exempted, in whole or in part, conditionally or unconditionally, from the definition of such term by rule, regulation, or order prescribed by the Commission.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>The Commission may, by rule, regulation, or order, designate any equity security or class of equity securities described in clause (i) or (ii) of subparagraph (A) as within the meaning of the term ‘penny stock’ if such security or class of securities is traded other than on a national securities exchange or through an automated quotation system described in clause (ii) of subparagraph (A).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In exercising its authority under this paragraph to prescribe rules, regulations, and orders, the Commission shall determine that such rule, regulation, or order is consistent with the public interest and the protection of investors.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </section> <section> <num value="504">SEC. 504. </num><heading>EXPANSION OF SECTION 15(b) SANCTION AUTHORITY WITH RESPECT TO PENNY STOCKS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Amendment</inline>.—</heading><content class="inline">Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(6)) is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>With respect to any person who is associated, who is seeking to become associated, or, at the time of the alleged misconduct, who was associated or was seeking to become associated with a broker or dealer, or any person participating, or, at the time of the alleged misconduct, who was participating, in an offering of any penny stock, the Commission, by order, shall censure, place limitations on the activities or functions of such person, or suspend for a period not exceeding 12 months, or bar such person from being associated with a broker or dealer, or from participating in an offering of penny stock, if the Commission finds, on the record after notice and opportunity for a hearing, that such censure, placing of <page identifier="/us/stat/104/953">104 STAT. 953</page>limitations, suspension, or bar is in the public interest and that such person—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>has committed or omitted any act or omission enumerated in subparagraph (A), (D), or (E) of paragraph (4) of this subsection;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>has been convicted of any offense specified in subparagraph (B) of such paragraph (4) within 10 years of the commencement of the proceedings under this paragraph; or “(iii) is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4).</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>It shall be unlawful—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for any person as to whom an order under subparagraph (A) is in effect, without the consent of the Commission, willfully to become, or to be, associated with a broker or dealer in contravention of such order, or to participate in an offering of penny stock in contravention of such order;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>for any broker or dealer to permit such a person, without the consent of the Commission, to become or remain, a person associated with the broker or dealer in contravention of such order, if such broker or dealer knew, or in the exercise of reasonable care should have known, of such order; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>for any broker or dealer to permit such a person, without the consent of the Commission, to participate in an offering of penny stock in contravention of such order, if such broker or dealer knew, or in the exercise of reasonable care should have known, of such order and of such participation.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>For purposes of this paragraph, the term ‘person participating in an offering of penny stock’ includes any person acting as any promoter, finder, consultant, agent, or other person who engages in activities with a broker, dealer, or issuer for purposes of the issuance or trading in any penny stock, or inducing or attempting to induce the purchase or sale of any penny stock. The Commission may, by rule or regulation, define such term to include other activities, and may, by rule, regulation, or order, exempt any person or class of persons, in whole or in part, conditionally or unconditionally, from such term.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Recommendations</inline>.—</heading><content class="inline">Within 6 months after the date of enactment <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78o">15 USC 78o note</ref>.</p></sidenote>of this Act, the Securities and Exchange Commission shall submit to each House of the Congress such recommendations as the Commission considers appropriate with respect to further revision of section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(6)). In preparing such recommendations, the Commission shall consider the desirability and effect of expanding the applicability of such section to any promoter, finder, consultant, agent or other person who engages in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in, or inducing or attempting to induce the purchase or sale of, any security (and not just penny stock).</content> </subsection> </section> <section> <num value="505">SEC. 505. </num><heading>REQUIREMENTS FOR BROKERS AND DEALERS OF PENNY STOCKS.</heading> <content>Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num> <heading><inline class="smallCaps">Requirements for Transactions in Penny Stocks</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">No broker or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce <page identifier="/us/stat/104/954">104 STAT. 954</page>the purchase or sale of, any penny stock by any customer except in accordance with the requirements of this subsection and the rules and regulations prescribed under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Risk disclosure with respect to penny stocks</inline>.—</heading><chapeau class="inline">Prior to effecting any transaction in any penny stock, a broker or dealer shall give the customer a risk disclosure document that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contains a description of the nature and level of risk in the market for penny stocks in both public offerings and secondary trading;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>contains a description of the broker’s or dealer’s duties to the customer and of the rights and remedies available to the customer with respect to violations of such duties or other requirements of Federal securities laws;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>contains a brief, clear, narrative description of a dealer market, including ‘bid’ and ‘ask’ prices for penny stocks and the significance of the spread between the bid and ask prices;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>contains the toll free telephone number for inquiries on disciplinary actions established pursuant to section 15A(i) of this title;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>defines significant terms used in the disclosure document or in the conduct of trading in penny stocks; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>contains such other information, and is in such form (including language, type size, and format), as the Commission shall require by rule or regulation.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Commission rules relating to disclosure</inline>.—</heading><chapeau class="inline">The Commission shall adopt rules setting forth additional standards for the disclosure by brokers and dealers to customers of information concerning transactions in penny stocks. Such rules—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>shall require brokers and dealers to disclose to each customer, prior to effecting any transaction in, and at the time of confirming any transaction with respect to any penny stock, in accordance with such procedures and methods as the Commission may require consistent with the public interest and the protection of investors—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the bid and ask prices for penny stock, or such other information as the Commission may, by rule, require to provide customers with more useful and reliable information relating to the price of such stock;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the number of shares to which such bid and ask prices apply, or other comparable information relating to the depth and liquidity of the market for such stock; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the amount and a description of any compensation that the broker or dealer and the associated person thereof will receive or has received in connection with such transaction;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>shall require brokers and dealers to provide, to each customer whose account with the broker or dealer contains penny stocks, a monthly statement indicating the market value of the penny stocks in that account or indicating that the market value of such stock cannot be determined because of the unavailability of firm quotes; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>may, as the Commission finds necessary or appropriate in the public interest or for the protection of investors, require brokers and dealers to disclose to customers <page identifier="/us/stat/104/955">104 STAT. 955</page>additional information concerning transactions in penny stocks.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading><inline class="smallCaps">Exemptions</inline>.—</heading><content class="inline">The Commission, as it determines consistent with the public interest and the protection of investors, may by rule, regulation, or order exempt in whole or in part, conditionally or unconditionally, any person or class of persons, or any transaction or class of transactions, from the requirements of this subsection. Such exemptions shall include an exemption for brokers and dealers based on the minimal percentage of the broker’s or dealer’s commissions, commission-equivalents, and markups received from transactions in penny stocks.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading><inline class="smallCaps">Regulations</inline>.—</heading><chapeau class="inline">It shall be unlawful for any person to violate such rules and regulations as the Commission shall prescribe in the public interest or for the protection of investors or to maintain fair and orderly markets—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>as necessary or appropriate to carry out this subsection; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>as reasonably designed to prevent fraudulent, deceptive, or manipulative acts and practices with respect to penny stocks.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="506">SEC. 506. </num><heading>DEVELOPMENT OF AUTOMATED QUOTATION SYSTEMS FOR PENNY STOCKS.</heading> <content>The Securities Exchange Act of 1934 is amended by inserting after section 17A the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“automated quotation systems for penny stocks</inline></heading> <num value="17B"><inline class="smallCaps">“Sec</inline>. 17B. </num><subsection class="inline"><num value="a">(a) </num><heading><inline class="smallCaps">Findings</inline>.—</heading><chapeau class="inline">The Congress finds that—<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78q-2">15 USC 78q-2</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the market for penny stocks suffers from a lack of reliable and accurate quotation and last sale information available to investors and regulators;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to improve significantly the information available to brokers, dealers, investors, and regulators with respect to quotations for and transactions in penny stocks; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a fully implemented automated quotation system for penny stocks would meet the information needs of investors and market participants and would add visibility and regulatory and surveillance data to that market.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Mandate To Facilitate the Establishment of Automated Quotation Systems</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><content class="inline">The Commission shall facilitate the wide-spread dissemination of reliable and accurate last sale and quotation information with respect to penny stocks in accordance with the findings set forth in subsection (a), with a view toward establishing, at the earliest feasible time, one or more automated quotation systems that will collect and disseminate information regarding all penny stocks.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Characteristics of systems</inline>.—</heading><chapeau class="inline">Each such automated quotation system shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>be operated by a registered securities association or a national securities exchange in accordance with such rules as the Commission and these entities shall prescribe;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>collect and disseminate quotation and transaction information;</content> </subparagraph> <page identifier="/us/stat/104/956">104 STAT. 956</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>except as provided in subsection (c), provide bid and ask quotations of participating brokers or dealers, or comparably accurate and reliable pricing information, which shall constitute firm bids or offers for at least such mini-mum numbers of shares or minimum dollar amounts as the Commission and the registered securities association or national securities exchange shall require; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>provide for the reporting of the volume of penny stock transactions, including last sale reporting, when the volume reaches appropriate levels that the Commission shall specify by rule or order.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <heading><inline class="smallCaps">Exemptive Authority</inline>.—</heading><content class="inline">The Commission may, by rule or order, grant such exemptions, in whole or in part, conditionally or unconditionally, to any penny stock or class of penny stocks from the requirements of subsection (b) as the Commission determines to be consistent with the public interest, the protection of investors, and the maintenance of fair and orderly markets.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <heading><inline class="smallCaps">Commission Reporting Requirements</inline>.—</heading><chapeau class="inline">The Commission shall, in each of the first 5 annual reports (under section 23(b)(1) of this title) submitted more than 12 months after the date of enactment of this section, include a description of the status of the penny stock automated quotation system or systems required by subsection (b). Such description shall include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a review of the development, implementation, and progress of the project, including achievement of significant milestones and current project schedule; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a review of the activities of registered securities associations and national securities exchanges in the development of the system.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section> <num value="507">SEC. 507. </num><heading>VOIDABILITY OF CONTRACTS IN VIOLATION OF SECTION 15(c)(2).</heading> <chapeau>Section 29(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78cc(b)) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in clause (A), by striking “<quotedText>paragraph (2) or (3)</quotedText>” and inserting “<quotedText>paragraph (3)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in clause (B), by striking “<quotedText>paragraph (1)</quotedText>” and inserting “<quotedText>paragraph (1) or (2)</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following new sentence: “<quotedText>The Commission may, in a rule or regulation prescribed pursuant to such paragraph (2) of such section 15(c), designate such rule or regulation, or portion thereof, as a rule or regulation, or portion thereof, a contract in violation of which shall not be void by reason of this subsection.</quotedText>”.</content> </paragraph> </section> <section> <num value="508">SEC. 508. </num><heading>RESTRICTIONS ON BLANK CHECK OFFERINGS.</heading> <chapeau>Section 7 of the Securities Act of 1933 (15 U.S.C. 77g) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(a)</quotedText>” after “<quotedText><inline class="smallCaps">Sec</inline>. 7.</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Commission shall prescribe special rules with respect to registration statements filed by any issuer that is a blank check company. Such rules may, as the Commission determines necessary or appropriate in the public interest or for the protection of investors—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>require such issuers to provide timely disclosure, prior to or after such statement becomes effective under section 8, of (i) information regarding the company to be acquired and the specific application of the proceeds of the offering, or (ii) addi-<page identifier="/us/stat/104/957">104 STAT. 957</page>tional information necessary to prevent such statement from being misleading;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>place limitations on the use of such proceeds and the distribution of securities by such issuer until the disclosures required under subparagraph (A) have been made; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>provide a right of rescission to shareholders of such securities.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Commission may, as it determines consistent with the public interest and the protection of investors, by rule or order exempt any issuer or class of issuers from the rules prescribed under paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>For purposes of paragraph (1) of this subsection, the term ‘blank check company’ means any development stage company that is issuing a penny stock (within the meaning of section 3(a)(51) of the Securities Exchange Act of 1934) and that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>has no specific business plan or purpose; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>has indicated that its business plan is to merge with an unidentified company or companies.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> </section> <section> <num value="509">SEC. 509. </num><heading>BROKER/DEALER DISCIPLINARY HISTORY.</heading> <content>Section 15A of the Securities Exchange Act 1934 (15 U.S.C. 78o-3) is amended by adding at the end the following: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num> <content>A registered securities association shall, within one year from <sidenote><p class="indent0 fontsize8">Telecommunications.</p></sidenote>the date of enactment of this section, (1) establish and maintain a toll-free telephone listing to receive inquiries regarding disciplinary actions involving its members and their associated persons, and (2) promptly respond to such inquiries in writing. Such association may charge persons, other than individual investors, reasonable fees for written responses to such inquiries. Such an association shall not have any liability to any person for any actions taken or omitted in good faith under this paragraph.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="510">SEC. 510. </num><heading>REVIEW OF REGULATORY STRUCTURES AND PROCEDURES.<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t15/s78s">15 USC 78s note</ref>.</p></sidenote></heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Review Required</inline>.—</heading><chapeau class="inline">The Comptroller General, in consultation with the Securities and Exchange Commission, shall conduct a review of the rules, procedures, facilities, and oversight and enforcement activities of self-regulatory organizations under the Securities Exchange Act of 1934 with respect to penny stocks (within the meaning of section 3(a)(51) of such Act). Such review shall include an analysis of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the resources devoted by self-regulatory organizations to the detection, investigation, prosecution, and correction of fraud and abuse in the trading of such penny stocks;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the methods and techniques used, and alternative methods which may be used, in those oversight and enforcement activities, including methods and techniques involving coordinated oversight and enforcement activities with other Federal and State authorities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the adequacy of the rules, procedures, and facilities of such self-regulatory organizations for the prevention of excessive spreads and markups, unscrupulous sales practices, and other conduct inconsistent with high standards of commercial honor and just and equitable principles of trade;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any obstacles to or limitations on the authority of self-regulatory organizations that impair the conduct of those over-sight and enforcement activities;</content> </paragraph> <page identifier="/us/stat/104/958">104 STAT. 958</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the adequacy of current listing and maintenance requirements and procedures and the potential for erosion of such requirements and procedures due to issuer avoidance of penny stock designation and regulation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>such other matters as the Comptroller General considers necessary or appropriate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Report</inline>.—</heading><content class="inline">Within one year after the date of enactment of this Act, the Comptroller General shall submit a report on the review required by subsection (a). Such report shall include, in addition to a statement of findings with respect to each matter described in paragraphs (1) through (6) of such subsection, such recommendations as the Comptroller General considers appropriate with respect to legislative or administrative changes.</content> </subsection> </section> Approved October 15, 1990.
LEGISLATIVE HISTORY—S. 647 (H.R. 975) (H.R. 975): HOUSE REPORTS: No. 101—616 accompanying H.R. 975 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—337 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990):

July 18, considered and passed Senate.

July 23, H.R. 975 considered and passed House; S. 647, amended, passed in lieu.

Sept. 27, Senate concurred in House amendments with an amendment.

Oct. 1, House concurred in Senate amendment.

 Public Law 101–430: To authorize the acquisition of additional lands for inclusion in the Knife River Indian Villages National Historic Site, and for other purposes. Public Law 430 Public Law 101–430 104 Stat. 959 1990-10-15 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 2025-06-19 101 public 104 STAT. 959 Public Law 101–430 101st Congress
An Act To authorize the acquisition of additional lands for inclusion in the Knife River Indian Villages National Historic Site, and for other purposes.

Oct. 15, 1990

[S. 1230]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ACQUISITION OF ADDITIONAL LANDS.

North Dakota. Government property.

16 USC 461 note.

 (a) The Secretary of the Interior is authorized to acquire by purchase with donated or appropriated funds, donation, or exchange the lands comprising approximately 465 acres and described in subsection (b) as an addition to the Knife River Indian Villages National Historic Site, North Dakota: Provided, That no such lands may be acquired without the consent of the owner thereof unless the Secretary determines that, in his judgment, the property is subject to, or threatened with, uses which are having, or would have, an adverse impact on the archaeological, historical, or other values for which the site was established. (b) The lands referred to in subsection (a) are those lands depicted on the map entitled “Proposed Boundary Knife River Indian Villages National Historic Site” numbered 468–80,039A and dated July 1990.
SEC. 2. ADDITIONAL AUTHORIZATIONS. Section 104(c) of Public Law 93–486 (88 Stat. 1462) is amended by striking “$600,000” and inserting in lieu thereof “$1,000,000” and by striking “$2,268,000” and inserting in lieu thereof “$4,000,000”.
Approved October 15, 1990.
LEGISLATIVE HISTORY—S. 1230: HOUSE REPORTS: No. 101—638 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101—256 (Comm. Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Mar. 28, considered and passed Senate.

July 30, considered and passed House.

Oct. 2, Senate concurred in House amendments.

 Public Law 101–431: To require new televisions to have built in decoder circuitry. Public Law 431 Public Law 101–431 104 Stat. 960 1990-10-15 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 2025-06-19 101 public 104 STAT. 960 Public Law 101–431 101st Congress
An Act To require new televisions to have built in decoder circuitry.

Oct. 15, 1990

[S. 1974]

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

Television Decoder Circuitry Act of 1990.

Handicapped.

Communications equipment.

47 USC 609 note.
short title Section. 1. This Act may be cited as the “Television Decoder Circuitry Act of 1990”.
findings Sec. 2.

47 USC 303 note.

The Congress finds that— (1) to the fullest extent made possible by technology, deaf and hearing-impaired people should have equal access to the television medium; (2) closed-captioned television transmissions have made it possible for thousands of deaf and hearing-impaired people to gain access to the television medium, thus significantly improving the quality of their lives; (3) closed-captioned television will provide access to information, entertainment, and a greater understanding of our Nation and the world to over 24,000,000 people in the United States who are deaf or hearing-impaired; (4) closed-captioned television will provide benefits for the nearly 38 percent of older Americans who have some loss of hearing; (5) closed-captioned television can assist both hearing and hearing-impaired children with reading and other learning skills, and improve literacy skills among adults; (6) closed-captioned television can assist those among our Nation’s large immigrant population who are learning English as a second language with language comprehension; (7) currently, a consumer must buy a TeleCaption decoder and connect the decoder to a television set in order to display the closed-captioned television transmissions; (8) technology is now available to enable that closed-caption decoding capability to be built into new television sets during manufacture at a nominal cost by 1991; and (9) the availability of decoder-equipped television sets will significantly increase the audience that can be served by closed-captioned television, and such increased market will be an incentive to the television medium to provide more captioned programming.
requirement for closed-captioning equipment Sec. 3. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: 104 STAT. 961 “(u) Require that apparatus designed to receive television pictures

Manufacturers.

Imports.

broadcast simultaneously with sound be equipped with built-in decoder circuitry designed to display closed-captioned television transmissions when such apparatus is manufactured in the United States or imported for use in the United States, and its television picture screen is 13 inches or greater in size.”.
performance and display standards Sec. 4. (a) Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended by redesignating subsection (b) as subsection (c), and by inserting immediately after subsection (a) the following new subsection: “(b) No person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States, any apparatus described in section 303(u) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. Such rules shall provide performance and display standards for such built-in decoder circuitry. Such rules shall further require that all such apparatus be able to receive and display closed captioning which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and display specifications set forth in the Public Broadcasting System engineering report numbered E-7709-C dated May 1980, as amended by the Telecaption II Decoder Module Performance Specification published by the National Captioning Institute, November 1985. As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that closed-captioning service continues to be available to consumers. This subsection shall not apply to carriers transporting such apparatus without trading it.”. (b) Section 330(c) of such Act, as redesignated by subsection (a) of this section, is amended by deleting “and section 303(s)” and inserting in lieu thereof “, section 303(s), and section 303(u)”.
effective date Sec. 5. Sections 3 and 4 of this Act shall take effect on July 1,

47 USC 303 note.

1993.
104 STAT. 962
rules Sec. 6.

47 USC 303 note.

The Federal Communications Commission shall promulgate rules to implement this Act within 180 days after the date of its enactment.
Approved October 15, 1990.
LEGISLATIVE HISTORY—S. 1974 (H.R. 4267): HOUSE REPORTS: No. 101—767 accompanying H.R. 4267 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—393 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 2, considered and passed Senate.

Oct. 1, H.R. 975 considered and passed House; S. 1974 passed in lieu.

 Public Law 101–432: To amend the Securities Exchange Act of 1934 to strengthen regulatory oversight of the United States securities markets, improve supervision of financial market participants, and improve the safety and efficiency of market mechanisms, and for other purposes. Public Law 432 Public Law 101–432 104 Stat. 963 1990-10-16 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 2025-06-19 101 public 104 STAT. 963 Public Law 101–432 101st Congress
An Act To amend the Securities Exchange Act of 1934 to strengthen regulatory oversight of the United States securities markets, improve supervision of financial market participants, and improve the safety and efficiency of market mechanisms, and for other purposes.

Oct. 16, 1990

[H.R. 3657]

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

Market Reform Act of 1990. Brokers.

15 USC 78a note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Market Reform Act of 1990”.
SEC. 2. EMERGENCY AUTHORITY; TRADING HALTS. Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C.

15 USC 781.

781(k)) is amended to read as follows: “(k) Trading Suspensions; Emergency Authority.— “(1) Trading suspensions.—If in its opinion the public interest and the protection of investors so require, the Commission is authorized by order— “(A) summarily to suspend trading in any security (other than an exempted security) for a period not exceeding 10 business days, and “(B) summarily to suspend all trading on any national securities exchange or otherwise, in securities other than exempted securities, for a period not exceeding 90 calendar days. The action described in subparagraph (B) shall not take effect unless the Commission notifies the President of its decision and the President notifies the Commission that the President does not disapprove of such decision. “(2) Emergency orders.—(A) The Commission, in an emergency, may by order summarily take such action to alter, supplement, suspend, or impose requirements or restrictions with respect to any matter or action subject to regulation by the Commission or a self-regulatory organization under this title, as the Commission determines is necessary in the public interest and for the protection of investors— “(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities); or “(ii) to ensure prompt, accurate, and safe clearance and settlement of transactions in securities (other than exempted securities). “(B) An order of the Commission under this paragraph (2) shall continue in effect for the period specified by the Commission, and may be extended, except that in no event shall the Commission’s action continue in effect for more than 10 business days, including extensions. In exercising its authority under this paragraph, the Commission shall not be required to comply with the provisions of section 553 of title 5, United States Code, or with the provisions of section 19(c) of this title. “(3) Termination of emergency actions by president.—The President may direct that action taken by the Commission 104 STAT. 964under paragraph (1)(B) or paragraph (2) of this subsection shall not continue in effect. “(4) Compliance with orders.—No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security in contravention of an order of the Commission under this subsection unless such order has been stayed, modified, or set aside as provided in paragraph (5) of this subsection or has ceased to be effective upon direction of the President as provided in paragraph (3). “(5) Limitations on review of orders.—An order of the Commission pursuant to this subsection shall be subject to review only as provided in section 25(a) of this title. Review shall be based on an examination of all the information before the Commission at the time such order was issued. The reviewing court shall not enter a stay, writ of mandamus, or similar relief unless the court finds, after notice and hearing before a panel of the court, that the Commission’s action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. “(6) Definition of emergency.—For purposes of this subsection, the term ‘emergency’ means a major market disturbance characterized by or constituting— “(A) sudden and excessive fluctuations of securities prices generally, or a substantial threat thereof, that threaten fair and orderly markets, or “(B) a substantial disruption of the safe or efficient operation of the national system for clearance and settlement of securities, or a substantial threat thereof.”.
SEC. 3. LARGE TRADER REPORTING. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: “(h) Large Trader Reporting.— “(1) Identification requirements for large traders.—For the purpose of monitoring the impact on the securities markets of securities transactions involving a substantial volume or a large fair market value or exercise value and for the purpose of otherwise assisting the Commission in the enforcement of this title, each large trader shall— “(A) provide such information to the Commission as the Commission may by rule or regulation prescribe as necessary or appropriate, identifying such large trader and all accounts in or through which such large trader effects such transactions; and “(B) identify, in accordance with such rules or regulations as the Commission may prescribe as necessary or appropriate, to any registered broker or dealer by or through whom such large trader directly or indirectly effects securities transactions, such large trader and all accounts directly or indirectly maintained with such broker or dealer by such large trader in or through which such transactions are effected. “(2)

Regulations.

 Recordkeeping and reporting requirements for brokers and dealers.—Every registered broker or dealer shall make and keep for prescribed periods such records as the 104 STAT. 965Commission by rule or regulation prescribes as necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this title, with respect to securities transactions that equal or exceed the reporting activity level effected directly or indirectly by or through such registered broker or dealer of or for any person that such broker or dealer knows is a large trader, or any person that such broker or dealer has reason to know is a large trader on the basis of transactions in securities effected by or through such broker or dealer. Such records shall be available for reporting to the Commission, or any self-regulatory organization that the Commission shall designate to receive such reports, on the morning of the day following the day the transactions were effected, and shall be reported to the Commission or a self-regulatory organization designated by the Commission immediately upon request by the Commission or such a self-regulatory organization. Such records and reports shall be in a format and transmitted in a manner prescribed by the Commission (including, but not limited to, machine readable form). “(3) Aggregation rules.—The Commission may prescribe rules or regulations governing the manner in which trans-actions and accounts shall be aggregated for the purpose of this subsection, including aggregation on the basis of common ownership or control. “(4) Examination of broker and dealer records.—All records required to be made and kept by registered brokers and dealers pursuant to this subsection with respect to transactions effected by large traders are subject at any time, or from time to time, to such reasonable periodic, special, or other examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of this title. “(5) Factors to be considered in commission actions.—In exercising its authority under this subsection, the Commission shall take into account— “(A) existing reporting systems; “(B) the costs associated with maintaining information with respect to transactions effected by large traders and reporting such information to the Commission or self-regulatory organizations; and “(C) the relationship between the United States and international securities markets. “(6) Exemptions.—The Commission, by rule, regulation, or order, consistent with the purposes of this title, may exempt any person or class of persons or any transaction or class of transactions, either conditionally or upon specified terms and conditions or for stated periods, from the operation of this subsection, and the rules and regulations thereunder. “(7) Authority of commission to limit disclosure of information.—Notwithstanding any other provision of law, the Commission shall not be compelled to disclose any information required to be kept or reported under this subsection. Nothing in this subsection shall authorize the Commission to withhold information from Congress, or prevent the Commission from complying with a request for information from any other Fed-104 STAT. 966eral department or agency requesting information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section 552. “(8) Definitions.—For purposes of this subsection— “(A) the term ‘large trader’ means every person who, for his own account or an account for which he exercises investment discretion, effects transactions for the purchase or sale of any publicly traded security or securities by use of any means or instrumentality of interstate commerce or of the mails, or of any facility of a national securities exchange, directly or indirectly by or through a registered broker or dealer in an aggregate amount equal to or in excess of the identifying activity level; “(B) the term ‘publicly traded security’ means any equity security (including an option on individual equity securities, and an option on a group or index of such securities) listed, or admitted to unlisted trading privileges, on a national securities exchange, or quoted in an automated interdealer quotation system; “(C) the term ‘identifying activity level’ means trans-actions in publicly traded securities at or above a level of volume, fair market value, or exercise value as shall be fixed from time to time by the Commission by rule or regulation, specifying the time interval during which such transactions shall be aggregated; “(D) the term ‘reporting activity level’ means trans-actions in publicly traded securities at or above a level of volume, fair market value, or exercise value as shall be fixed from time to time by the Commission by rule, regulation, or order, specifying the time interval during which such transactions shall be aggregated; and “(E) the term ‘person’ has the meaning given in section 3(a)(9) of this title and also includes two or more persons acting as a partnership, limited partnership, syndicate, or other group, but does not include a foreign central bank.”.
SEC. 4. RISK ASSESSMENT FOR HOLDING COMPANY SYSTEMS. (a) Amendment.—Section 17 of the Securities Exchange Act of 1934 (15 U.S.C. 78q) is amended by adding at the end the following: “(h) Risk Assessment for Holding Company Systems.— “(1) Obligations to obtain, maintain, and report information.—Every person who is (A) a registered broker or dealer, or (B) a registered municipal securities dealer for which the Commission is the appropriate regulatory agency, shall obtain such information and make and keep such records as the Commission by rule prescribes concerning the registered person’s policies, procedures, or systems for monitoring and controlling financial and operational risks to it resulting from the activities of any of its associated persons, other than a natural person. Such records shall describe, in the aggregate, each of the financial and securities activities conducted by, and the customary sources of capital and funding of, those of its associated persons whose business activities are reasonably likely to have a material impact on the financial or operational 104 STAT. 967condition of such registered person, including its net capital, its liquidity, or its ability to conduct or finance its operations. The Commission, by rule, may require summary reports of such information to be filed with the Commission no more frequently than quarterly. “(2) Authority to require additional information.—If, as a result of adverse market conditions or based on reports provided to the Commission pursuant to paragraph (1) of this subsection or other available information, the Commission reasonably concludes that it has concerns regarding the financial or operational condition of (A) any registered broker or dealer, or (B) any registered municipal securities dealer, government securities broker, or government securities dealer for which the Commission is the appropriate regulatory agency, the Commission may require the registered person to make reports concerning the financial and securities activities of any of such person’s associated persons, other than a natural person, whose business activities are reasonably likely to have a material impact on the financial or operational condition of such registered person. The Commission, in requiring reports pursuant to this paragraph, shall specify the information required, the period for which it is required, the time and date on which the information must be furnished, and whether the information is to be furnished directly to the Commission or to a self-regulatory organization with primary responsibility for examining the registered person’s financial and operational condition. “(3) Special provisions with respect to associated persons subject to federal banking agency regulation.— “(A) Cooperation in implementation.—In developing and implementing reporting requirements pursuant to paragraph (1) of this subsection with respect to associated persons subject to examination by or reporting requirements of a Federal banking agency, the Commission shall consult with and consider the views of each such Federal banking agency. If a Federal banking agency comments in writing on a proposed rule of the Commission under this subsection that has been published for comment, the Commission shall respond in writing to such written comment before adopting the proposed rule. The Commission

Federal Register, publication.

shall, at the request of the Federal banking agency, publish such comment and response in the Federal Register at the time of publishing the adopted rule. “(B) Use of banking agency reports.—A registered broker, dealer, or municipal securities dealer shall be in compliance with any recordkeeping or reporting requirement adopted pursuant to paragraph (1) of this subsection concerning an associated person that is subject to examination by or reporting requirements of a Federal banking agency if such broker, dealer, or municipal securities dealer utilizes for such recordkeeping or reporting requirement copies of reports filed by the associated person with the Federal banking agency pursuant to section 5211 of the Revised Statutes, section 9 of the Federal Reserve Act, section 7(a) of the Federal Deposit Insurance Act, section 10(b) of the Home Owners’ Loan Act, or section 8 of the Bank Holding Company Act of 1956. The Commission may, however, by rule adopted pursuant to paragraph (1), require 104 STAT. 968any broker, dealer, or municipal securities dealer filing such reports with the Commission to obtain, maintain, or report supplemental information if the Commission makes an explicit finding that such supplemental information is necessary to inform the Commission regarding potential risks to such broker, dealer, or municipal securities dealer. Prior to requiring any such supplemental information, the Commission shall first request the Federal banking agency to expand its reporting requirements to include such information. “(C) Procedure for requiring additional information.—Prior to making a request pursuant to paragraph (2) of this subsection for information with respect to an associated person that is subject to examination by or reporting requirements of a Federal banking agency, the Commission shall— “(i) notify such agency of the information required with respect to such associated person; and “(ii) consult with such agency to determine whether the information required is available from such agency and for other purposes, unless the Commission deter-mines that any delay resulting from such consultation would be inconsistent with ensuring the financial and operational condition of the broker, dealer, municipal securities dealer, government securities broker, or government securities dealer or the stability or integrity of the securities markets. “(D) Exclusion for examination reports.—Nothing in this subsection shall be construed to permit the Commission to require any registered broker or dealer, or any registered municipal securities dealer, government securities broker, or government securities dealer for which the Commission is the appropriate regulatory agency, to obtain, maintain, or furnish any examination report of any Federal banking agency or any supervisory recommendations or analysis contained therein. “(E) Confidentiality of information provided.—No information provided to or obtained by the Commission from any Federal banking agency pursuant to a request by the Commission under subparagraph (C) of this paragraph regarding any associated person which is subject to examination by or reporting requirements of a Federal banking agency may be disclosed to any other person (other than a self-regulatory organization), without the prior written approval of the Federal banking agency. Nothing in this subsection shall authorize the Commission to withhold information from Congress, or prevent the Commission from complying with a request for information from any other Federal department or agency requesting the information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. “(F) Notice to banking agencies concerning financial and operational condition concerns.—The Commission shall notify the Federal banking agency of any concerns of the Commission regarding significant financial or oper-104 STAT. 969ational risks resulting from the activities of any registered broker or dealer, or any registered municipal securities dealer, government securities broker, or government securities dealer for which the Commission is the appropriate regulatory agency, to any associated person thereof which is subject to examination by or reporting requirements of the Federal banking agency. “(G) Definition.—For purposes of this paragraph, the term ‘Federal banking agency’ shall have the same meaning as the term ‘appropriate Federal bank agency’ in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). “(4) Exemptions.—The Commission by rule or order may exempt any person or class of persons, under such terms and conditions and for such periods as the Commission shall provide in such rule or order, from the provisions of this subsection, and the rules thereunder. In granting such exemptions, the Commission shall consider, among other factors— “(A) whether information of the type required under this subsection is available from a supervisory agency (as defined in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(6))), a State insurance commission or similar State agency, the Commodity Futures Trading Commission, or a similar foreign regulator; “(B) the primary business of any associated person; “(C) the nature and extent of domestic or foreign regulation of the associated person’s activities; “(D) the nature and extent of the registered person’s securities activities; and “(E) with respect to the registered person and its associated persons, on a consolidated basis, the amount and proportion of assets devoted to, and revenues derived from, activities in the United States securities markets. “(5) Authority to limit disclosure of information.—Not-withstanding any other provision of law, the Commission shall not be compelled to disclose any information required to be reported under this subsection, or any information supplied to the Commission by any domestic or foreign regulatory agency that relates to the financial or operational condition of any associated person of a registered broker, dealer, government securities broker, government securities dealer, or municipal securities dealer. Nothing in this subsection shall authorize the Commission to withhold information from Congress, or prevent the Commission from complying with a request for information from any other Federal department or agency requesting the information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section 552. In prescribing regulations to carry

Regulations.

out the requirements of this subsection, the Commission shall designate information described in or obtained pursuant to subparagraph (B) or (C) of paragraph (3) of this subsection as confidential information for purposes of section 24(b)(2) of this title.”. 104 STAT. 970 (b)

15 USC 78o-5.

 Conforming Amendment.—Section 15C(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(b)) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (2) by inserting after paragraph (1) the following new paragraph: “(2) Risk Assessment for Holding Company Systems.— “(A)

Records

 Obligations to obtain, maintain, and report information.—Every person who is registered as a government securities broker or government securities dealer under this section shall obtain such information and make and keep such records as the Secretary by rule prescribes concerning the registered person’s policies, procedures, or systems for monitoring and controlling financial and operational risks to it resulting from the activities of any of its associated persons, other than a natural person. Such records shall describe, in the aggregate, each of the financial and securities activities conducted by, and customary sources of capital and funding of, those of its associated persons whose business activities are reasonably likely to have a material impact on the financial or operational condition of such registered person, including its capital, its liquidity, or its ability to conduct or finance its operations. The Secretary, by rule, may require summary reports of such information to be filed with the registered person’s appropriate regulatory agency no more frequently than quarterly. “(B) Authority to require additional information.—If, as a result of adverse market conditions or based on reports provided pursuant to subparagraph (A) of this paragraph or other available information, the appropriate regulatory agency reasonably concludes that it has concerns regarding the financial or operational condition of any government securities broker or government securities dealer registered under this section, such agency may require the registered person to make reports concerning the financial and securities activities of any of such person’s associated persons, other than a natural person, whose business activities are reasonably likely to have a material impact on the financial or operational condition of such registered person. The appropriate regulatory agency, in requiring reports pursuant to this subparagraph, shall specify the information required, the period for which it is required, the time and date on which the information must be furnished, and whether the information is to be furnished directly to the appropriate regulatory agency or to a self-regulatory organization with primary responsibility for examining the registered person’s financial and operational condition. “(C) Special provisions with respect to associated persons subject to federal banking in implementation.— “(i) Cooperation in implementation.—In developing and implementing reporting requirements pursuant to subparagraph (A) of this paragraph with respect to associated persons subject to examination by or reporting requirements of a Federal banking agency, the Secretary shall consult with and consider the views of each such Federal banking agency. If a Federal banking agency comments in writing on a proposed rule of the Secretary under this paragraph that has been published for comment, the Secretary shall respond in writing to such written comment 104 STAT. 971before adopting the proposed rule. The Secretary shall, at

Federal Register, publication.

the request of a Federal banking agency, publish such comment and response in the Federal Register at the time of publishing the adopted rule. “(ii) Use of banking agency reports.—A registered government securities broker or government securities dealer shall be in compliance with any recordkeeping or reporting requirement adopted pursuant to subparagraph (A) of this paragraph concerning an associated person that is subject to examination by or reporting requirements of a Federal banking agency if such government securities broker or government securities dealer utilizes for such recordkeeping or reporting requirement copies of reports filed by the associated person with the Federal banking agency pursuant to section 5211 of the Revised Statutes, section 9 of the Federal Reserve Act, section 7(a) of the Federal Deposit Insurance Act, section 10(b) of the Home Owners’ Loan Act, or section 8 of the Bank Holding Company Act of 1956. The Secretary may, however, by rule adopted pursuant to subparagraph (A), require any registered government securities broker or government securities dealer filing such reports with the appropriate regulatory agency to obtain, maintain, or report supplemental information if the Secretary makes an explicit finding, based on information provided by the appropriate regulatory agency, that such supplemental information is necessary to inform the appropriate regulatory agency regarding potential risks to such government securities broker or government securities dealer. Prior to requiring any such supplemental information, the Secretary shall first request the Federal banking agency to expand its reporting requirements to include such information. “(iii) Procedure for requiring additional information.—Prior to making a request pursuant to subparagraph (B) of this paragraph for information with respect to an associated person that is subject to examination by or reporting requirements of a Federal banking agency, the appropriate regulatory agency shall— “(I) notify such banking agency of the information required with respect to such associated person; and “(II) consult with such agency to determine whether the information required is available from such agency and for other purposes, unless the appropriate regulatory agency determines that any delay resulting from such consultation would be inconsistent with ensuring the financial and operational condition of the government securities broker or government securities dealer or the stability or integrity of the securities markets. “(iv) Exclusion for examination reports.—Nothing in this subparagraph shall be construed to permit the Secretary or an appropriate regulatory agency to require any registered government securities broker or government securities dealer to obtain, maintain, or furnish any examination report of any Federal banking agency or any supervisory recommendations or analysis contained therein. “(v) Confidentiality of information provided.—No information provided to or obtained by an appropriate regu-104 STAT. 972latory agency from any Federal banking agency pursuant to a request under clause (iii) of this subparagraph regarding any associated person which is subject to examination by or reporting requirements of a Federal banking agency may be disclosed to any other person (other than a self-regulatory organization), without the prior written approval of the Federal banking agency. Nothing in this clause shall authorize the Secretary or any appropriate regulatory agency to withhold information from Congress, or prevent the Secretary or any appropriate regulatory agency from complying with a request for information from any other Federal department or agency requesting the information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. “(vi) Notice to banking agencies concerning financial and operational condition concerns.—The Secretary or appropriate regulatory agency shall notify the Federal banking agency of any concerns of the Secretary or the appropriate regulatory agency regarding significant financial or operational risks resulting from the activities of any government securities broker or government securities dealer to any associated person thereof which is subject to examination by or reporting requirements of the Federal banking agency. “(vii) Definition.—For purposes of this subparagraph, the term ‘Federal banking agency’ shall have the same meaning as the term ‘appropriate Federal banking agency’ in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). “(D) Exemptions.—The Secretary by rule or order may exempt any person or class of persons, under such terms and conditions and for such periods as the Secretary shall provide in such rule or order, from the provisions of this paragraph, and the rules thereunder. In granting such exemptions, the Secretary shall consider, among other factors— “(i) whether information of the type required under this paragraph is available from a supervisory agency (as defined in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(6))), a State insurance commission or similar State agency, the Commodity Futures Trading Commission, or a similar foreign regulator; “(ii) the primary business of any associated person; “(iii) the nature and extent of domestic or foreign regulation of the associated person’s activities; “(iv) the nature and extent of the registered person’s securities transactions; and “(v) with respect to the registered person and its associated persons, on a consolidated basis, the amount and proportion of assets devoted to, and revenues derived from, activities in the United States securities markets. “(E) Conformity with requirements under section 17(h).—In exercising authority pursuant to subparagraph (A) of this paragraph concerning information with respect to associated persons of government securities brokers and government securities dealers who are also associated persons of registered 104 STAT. 973brokers or dealers reporting to the Commission pursuant to section 17(h) of this title, the requirements relating to such associated persons shall conform, to the greatest extent practicable, to the requirements under section 17(h). “(F) Authority to limit disclosure of information.—Notwithstanding any other provision of law, the Secretary and any appropriate regulatory agency shall not be compelled to disclose any information required to be reported under this paragraph, or any information supplied to the Secretary or any appropriate regulatory agency by any domestic or foreign regulatory agency that relates to the financial or operational condition of any associated person of a registered government securities broker or a government securities dealer. Nothing in this paragraph shall authorize the Secretary or any appropriate regulatory agency to withhold information from Congress, or prevent the Secretary or any appropriate regulatory agency from complying with a request for information from any other Federal department or agency requesting the information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552.”.
SEC. 5. COORDINATED CLEARING. (a) Authority To Facilitate Coordinated Clearing Mechanisms.—Section 17A(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1) is amended to read as follows: “(2)(A) The Commission is directed, therefore, having due regard for the public interest, the protection of investors, the safeguarding of securities and funds, and maintenance of fair competition among brokers and dealers, clearing agencies, and transfer agents, to use its authority under this title— “(i) to facilitate the establishment of a national system for the prompt and accurate clearance and settlement of transactions in securities (other than exempt securities); and “(ii) to facilitate the establishment of linked or coordinated facilities for clearance and settlement of transactions in securities, securities options, contracts of sale for future delivery and options thereon, and commodity options; in accordance with the findings and to carry out the objectives set forth in paragraph (1) of this subsection. “(B) The Commission shall use its authority under this title to assure equal regulation under this title of registered clearing agencies and registered transfer agents. In carrying out its responsibilities set forth in subparagraph (A)(ii) of this paragraph, the Commission shall coordinate with the Commodity Futures Trading Commission and consult with the Board of Governors of the Federal Reserve System.”. (b) Transfer and Pledge of Securities.—Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-l) is amended by adding at the end the following: “(f)(1) Notwithstanding any provision of State law, except as provided in paragraph (3), if the Commission makes each of the findings described in paragraph (2)(A), the Commission may adopt rules concerning— 104 STAT. 974 “(A) the transfer of certificated or uncertificated securities (other than government securities issued pursuant to chapter 31 of title 31, United States Code, or securities otherwise processed within a book-entry system operated by the Federal Reserve banks pursuant to a Federal book-entry regulation) or limited interests (including security interests) therein; and. “(B) rights and obligations of purchasers, sellers, owners, lenders, borrowers, and financial intermediaries (including brokers, dealers, banks, and clearing agencies) involved in or affected by such transfers, and the rights of third parties whose interests in such securities devolve from such transfers. “(2)(A) The findings described in this paragraph are findings by the Commission that— “(i) such rule is necessary or appropriate for the protection of investors or in the public interest and is reasonably designed to promote the prompt, accurate, and safe clearance and settlement of securities transactions; “(ii) in the absence of a uniform rule, the safe and efficient operation of the national system for clearance and settlement of securities transactions will be, or is, substantially impeded; and “(iii) to the extent such rule will impair or diminish, directly or indirectly, rights of persons specified in paragraph (1)(B) under State law concerning transfers of securities (or limited interests therein), the benefits of such rule outweigh such impairment or diminution of rights. “(B) In making the findings described in subparagraph (A), the Commission shall give consideration to the recommendations of the Advisory Committee established under paragraph (4), and it shall consult with and consider the views of the Secretary of the Treasury and the Board of Governors of the Federal Reserve System. If the Secretary of the Treasury objects, in writing, to any proposed rule of the Commission on the basis of the Secretary’s view on the issues described in clauses (i), (ii), and (iii) of subparagraph (A), the Commission shall consider all feasible alternatives to the proposed rule, and it shall not adopt any such rule unless the Commission makes an explicit finding that the rule is the most practicable method for achieving safe and efficient operation of the national clearance and settlement system. “(3) Any State may, prior to the expiration of 2 years after the Commission adopts a rule under this subsection, enact a statute that specifically refers to this subsection and the specific rule thereunder and establishes, prospectively from the date of enactment of the State statute, a provision that differs from that applicable under the Commission’s rule. “(4)(A) Within 90 days after the date of enactment of this subsection, the Commission shall (and at such times thereafter as the Commission may determine, the Commission may), after consultation with the Secretary of the Treasury and the Board of Governors of the Federal Reserve System, establish an advisory committee

Reports.

under the Federal Advisory Committee Act (5 U.S.C. App.). The Advisory Committee shall be directed to consider and report to the Commission on such matters as the Commission, after consultation with the Secretary of the Treasury and the Board of Governors of the Federal Reserve System, determines, including the areas, if any, in which State commercial laws and related Federal laws concerning the transfer of certificated or uncertificated securities, limited interests (including security interests) in such securities, or the 104 STAT. 975creation or perfection of security interests in such securities do not provide the necessary certainty, uniformity, and clarity for purchasers, sellers, owners, lenders, borrowers, and financial intermediaries concerning their respective rights and obligations. “(B) The Advisory Committee shall consist of 15 members, of which— “(i) 11 shall be designated by the Commission in accordance with the Federal Advisory Committee Act; and “(ii) 2 each shall be designated by the Board of Governors of the Federal Reserve System and the Secretary of the Treasury. “(C) The Advisory Committee shall conduct its activities in accordance with the Federal Advisory Committee Act. Within 6 months of

Reports.

its designation, or such longer time as the Commission may designate, the Advisory Committee shall issue a report to the Commission, and shall cause copies of that report to be delivered to the Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System.”.
SEC. 6. LIMITATION ON PRACTICES WHICH RESULT IN VOLATILITY. (a) In General.—Section 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78i) is amended by adding at the end thereof the following new subsection: “(h) Limitations on Practices That Affect Market Volatility.—It shall be unlawful for any person, by the use of the mails or any means or instrumentality of interstate commerce or of any facility of any national securities exchange, to use or employ any act or practice in connection with the purchase or sale of any equity security in contravention of such rules or regulations as the Commission may adopt, consistent with the public interest, the protection of investors, and the maintenance of fair and orderly markets— “(1) to prescribe means reasonably designed to prevent manipulation of price levels of the equity securities market or a substantial segment thereof; and “(2) to prohibit or constrain, during periods of extraordinary market volatility, any trading practice in connection with the purchase or sale of equity securities that the Commission determines (A) has previously contributed significantly to extraordinary levels of volatility that have threatened the maintenance of fair and orderly markets; and (B) is reasonably certain to engender such levels of volatility if not prohibited or constrained. In adopting rules under paragraph (2), the Commission shall, consistent with the purposes of this subsection, minimize the impact on the normal operations of the market and a natural person’s freedom to buy or sell any equity security.”. (b) Conforming Amendment.—Section 25(b)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78y(b)(1)) is amended by inserting “9(h)(2),” after “section 6,”.
SEC. 7. NOTIFICATION OF SEC CONCERNING RISKS TO SECURITIES SUBSIDIARY. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: 104 STAT. 976
“SEC. 35.

12 USC 1831l.

COORDINATION OF RISK ANALYSIS BETWEEN SEC AND FEDERAL BANKING AGENCIES. “Any appropriate Federal banking agency shall notify the Securities and Exchange Commission of any concerns of the agency regarding significant financial or operational risks to any registered broker or dealer, or any registered municipal securities dealer, government securities broker, or government securities dealer for which the Commission is the appropriate regulatory agency (as defined in section 3 of the Securities Exchange Act of 1934), resulting from the activities of any insured depository institution, any depository institution holding company, or any affiliate of any such institution or company if such broker, dealer, municipal securities dealer, government securities broker, or government securities dealer is an affiliate of any such institution, company, or affiliate.”.
SEC. 8.

15 USC 78b note.

REPORTS TO CONGRESS. (a) Intermarket Coordination.—The Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and Exchange Commission, and the Chairman of the Commodity Futures Trading Commission, shall report to the Congress not later than May 31, 1991, and annually thereafter until May 31,1995, on the following: (1) the efforts their respective agencies have made relating to the coordination of regulatory activities to ensure the integrity and competitiveness of United States financial markets; (2) the efforts their respective agencies have made to formulate coordinated mechanisms across marketplaces to protect the payments and market systems during market emergencies; (3) the views of their respective agencies with respect to the adequacy of margin levels and use of leverage by market participants; and (4) such other issues and concerns relating to the soundness, stability, and integrity of domestic and international capital markets as may be appropriate. The agencies shall cooperate in the development of their reports, and prior to submitting its report to Congress, each agency shall provide copies to the other agencies. (b)

15 USC 78q-l note.

 Clearance and Settlement.—The Securities and Exchange Commission, in consultation with the Commodity Futures Trading Commission, the Board of Governors of the Federal Reserve System, and other relevant regulatory authorities, shall examine progress toward establishing linked or coordinated facilities for clearance and settlement of transactions in securities, securities options, contracts of sale for future delivery and options thereon, and commodity options, and shall submit to the Committees on Energy and Commerce and Agriculture of the House of Representatives and the 104 STAT. 977Committees on Banking, Housing, and Urban Affairs and Agriculture, Nutrition, and Forestry of the Senate, not later than 2 years from the date of enactment of this section, a report detailing and evaluating such progress.
Approved October 16, 1990.
LEGISLATIVE HISTORY—H.R. 3657 (S. 648): HOUSE REPORTS: No. 101—524 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—300 accompanying S. 648 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 136 (1990):

June 5, considered and passed House.

Aug. 4, S. 648 considered and passed Senate.

Sept. 25, H.R. 975 considered and passed Senate, amended.

Sept. 28, House concurred in Senate amendments.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Oct. 16, Presidential statement.

 Public Law 101–433: To amend the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes. Public Law 433 Public Law 101–433 104 Stat. 978 1990-10-16 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 2025-06-19 101 public 104 STAT. 978 Public Law 101–433 101st Congress
An Act To amend the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes.

Oct. 16, 1990

[S. 1511]

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

Older Workers Benefit Protection Act.

Pensions.

Health care.

29 USC 621 note.
SECTION 1. SHORT TITLE.This Act may be cited as the “Older Workers Benefit Protection Act”.
<num value="I">TITLE I—</num><heading class="inline">OLDER WORKERS BENEFIT PROTECTION</heading> <section> <num value="101">SEC. 101. </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t29/s621">29 USC 621 note</ref>.</p></sidenote><heading>FINDING.</heading> <content>The Congress finds that, as a result of the decision of the Supreme Court in Public Employees Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989), legislative action is necessary to restore the original congressional intent in passing and amending the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), which was to prohibit discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations.</content> </section> <section> <num value="102">SEC. 102. </num><heading>DEFINITION.</heading> <content>Section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630) is amended by adding at the end the following new subsection: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘compensation, terms, conditions, or privileges of employment’ encompasses all employee benefits, including such benefits provided pursuant to a bona fide employee benefit plan.”.</content> </paragraph> </quotedContent> </content> </section> <section> <num value="103">SEC. 103. </num><sidenote><p class="indent0 fontsize8">Retirement.</p></sidenote><heading>LAWFUL EMPLOYMENT PRACTICES.</heading> <chapeau>Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (f), by striking paragraph (2) and inserting the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>to take any action otherwise prohibited under subsection (a), (b), (c), or (e) of this section—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to observe the terms of a bona fide seniority system that is not intended to evade the purposes of this Act, except that no such seniority system shall require or permit the involuntary retirement of any individual specified by section 12(a) because of the age of such individual; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>to observe the terms of a bona fide employee benefit plan—</chapeau> <page identifier="/us/stat/104/979">104 STAT. 979</page> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>where, for each benefit or benefit package, the actual amount of payment made or cost incurred on behalf of an older worker is no less than that made or incurred on behalf of a younger worker, as permissible under section 1625.10, title 29, Code of Federal Regulations (as in effect on June 22,1989); or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>that is a voluntary early retirement incentive plan consistent with the relevant purpose or purposes of this Act.</content> </clause> <continuation>Notwithstanding clause (i) or (ii) of subparagraph (B), no such employee benefit plan or voluntary early retirement incentive plan shall excuse the failure to hire any individual, and no such employee benefit plan shall require or permit the involuntary retirement of any individual specified by section 12(a), because of the age of such individual. An employer, employment agency, or labor organization acting under subparagraph (A), or under clause (i) or (ii) of subparagraph (B), shall have the burden of proving that such actions are lawful in any civil enforcement proceeding brought under this Act; or”;</continuation> </subparagraph> </paragraph> </quotedContent> </content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating the second subsection (i) as subsection (j); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="k">“(k) </num> <content>A seniority system or employee benefit plan shall comply with this Act regardless of the date of adoption of such system or plan.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="l">“(l) </num> <chapeau>Notwithstanding clause (i) or (ii) of subsection (f)(2)(B)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>It shall not be a violation of subsection (a), (b), (c), or (e) solely because—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>an employee pension benefit plan (as defined in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2))) provides for the attainment of a minimum age as a condition of eligibility for normal or early retirement benefits; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>a defined benefit plan (as defined in section 3(35) of such Act) provides for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>payments that constitute the subsidized portion of an early retirement benefit; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>social security supplements for plan participants that commence before the age and terminate at the age (specified by the plan) when participants are eligible to receive reduced or unreduced old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.), and that do not exceed such old-age insurance benefits.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>It shall not be a violation of subsection (a), (b), (c), or (e) solely because following a contingent event unrelated to age—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the value of any retiree health benefits received by an individual eligible for an immediate pension; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the value of any additional pension benefits that are made available solely as a result of the contingent event unrelated to age and following which the individual is eligible for not less than an immediate and unreduced pension, are deducted from severance pay made available as a result of the contingent event unrelated to age.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>For an individual who receives immediate pension benefits that are actuarially reduced under subparagraph (A)(i), the amount of the deduction available pursuant to subparagraph (A)(i) shall be <page identifier="/us/stat/104/980">104 STAT. 980</page>reduced by the same percentage as the reduction in the pension benefits.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau>For purposes of this paragraph, severance pay shall include that portion of supplemental unemployment compensation benefits (as described in section 501(c)(17) of the Internal Revenue Code of 1986) that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>constitutes additional benefits of up to 52 weeks;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>has the primary purpose and effect of continuing benefits until an individual becomes eligible for an immediate and unreduced pension; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>is discontinued once the individual becomes eligible for an immediate and unreduced pension.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau>For purposes of this paragraph, the term ‘retiree health benefits’ means benefits provided pursuant to a group health plan covering retirees, for which (determined as of the contingent event unrelated to age)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the package of benefits provided by the employer for the retirees who are below age 65 is at least comparable to benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the package of benefits provided by the employer for the retirees who are age 65 and above is at least comparable to that offered under a plan that provides a benefit package with one-fourth the value of benefits provided under title XVIII of such Act.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E)</num><clause class="inline"><num value="i">(i) </num><content>If the obligation of the employer to provide retiree health benefits is of limited duration, the value for each individual shall be calculated at a rate of $3,000 per year for benefit years before age 65, and $750 per year for benefit years beginning at age 65 and above.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>If the obligation of the employer to provide retiree health benefits is of unlimited duration, the value for each individual shall be calculated at a rate of $48,000 for individuals below age 65, and $24,000 for individuals age 65 and above.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>The values described in clauses (i) and (ii) shall be calculated based on the age of the individual as of the date of the contingent event unrelated to age. The values are effective on the date of enactment of this subsection, and shall be adjusted on an annual basis, with respect to a contingent event that occurs subsequent to the first year after the date of enactment of this subsection, based on the medical component of the Consumer Price Index for all-urban consumers published by the Department of Labor.</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>If an individual is required to pay a premium for retiree health benefits, the value calculated pursuant to this subparagraph shall be reduced by whatever percentage of the overall premium the individual is required to pay.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>If an employer that has implemented a deduction pursuant to subparagraph (A) fails to fulfill the obligation described in subparagraph (E), any aggrieved individual may bring an action for specific performance of the obligation described in subparagraph (E). The relief shall be in addition to any other remedies provided under Federal or State law.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>It shall not be a violation of subsection (a), (b), (c), or (e) solely because an employer provides a bona fide employee benefit plan or plans under which long-term disability benefits received by an individual are reduced by any pension benefits (other than those attributable to employee contributions)—</chapeau> <page identifier="/us/stat/104/981">104 STAT. 981</page> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>paid to the individual that the individual voluntarily elects to receive; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for which an individual who has attained the later of age 62 or normal retirement age is eligible.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content></paragraph> </section> <section> <num value="104">SEC. 104. </num><heading>RULES AND REGULATIONS.<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t29/s623">29 USC 623 note</ref>.</p></sidenote></heading> <content>Notwithstanding section 9 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 628), the Equal Employment Opportunity Commission may issue such rules and regulations as the Commission may consider necessary or appropriate for carrying out this title, and the amendments made by this title, only after consultation with the Secretary of the Treasury and the Secretary of Labor.</content> </section> <section> <num value="105">SEC. 105. </num><heading>EFFECTIVE DATE.<sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t29/s623">29 USC 623 note</ref>.</p></sidenote></heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><chapeau class="inline">Except as otherwise provided in this section, this title and the amendments made by this title shall apply only to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any employee benefit established or modified on or after the date of enactment of this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>other conduct occurring more than 180 days after the date of enactment of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Collectively Bargained Agreements</inline>.—</heading><chapeau class="inline">With respect to any employee benefits provided in accordance with a collective bargaining agreement—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that is in effect as of the date of enactment of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that terminates after such date of enactment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>any provision of which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4))); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that contains any provision that would be superseded (in whole or part) by this title and the amendments made by this title, but for the operation of this section,</content> </paragraph> <continuation>this title and the amendments made by this title shall not apply until the termination of such collective bargaining agreement or June 1,1992, whichever occurs first.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">States and Political Subdivisions</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><chapeau class="inline">With respect to any employee benefits provided by an employer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>that is a State or political subdivision of a State or any agency or instrumentality of a State or political sub-division of a State; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>that maintained an employee benefit plan at any time between June 23, 1989, and the date of enactment of this Act that would be superseded (in whole or part) by this title and the amendments made by this title but for the operation of this subsection, and which plan may be modified only through a change in applicable State or local law,</content> </subparagraph> <continuation>this title and the amendments made by this title shall not apply until the date that is 2 years after the date of enactment of this Act.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <heading><inline class="smallCaps">Election of disability coverage for employees hired prior to effective date</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">In general</inline>.—</heading><chapeau class="inline">An employer that maintains a plan described in paragraph (1)(B) may, with regard to disability benefits provided pursuant to such a plan—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>following reasonable notice to all employees, implement new disability benefits that satisfy the require-<page identifier="/us/stat/104/982">104 STAT. 982</page>merits of the Age Discrimination in Employment Act of 1967 (as amended by this title) and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <chapeau>then offer to each employee covered by a plan described in paragraph (1)(B) the option to elect such new disability benefits in lieu of the existing disability benefits, if—</chapeau> <subclause class="firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>the offer is made and reasonable notice provided no later than the date that is 2 years after the date of enactment of this Act; and</content> </subclause> <subclause class="firstIndent1 fontsize10"> <num value="II">“(II) </num> <content>the employee is given up to 180 days after the offer in which to make the election.</content> </subclause> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Previous disability benefits</inline>.—</heading><content class="inline">If the employee does not elect to be covered by the new disability benefits, the employer may continue to cover the employee under the previous disability benefits even though such previous benefits do not otherwise satisfy the requirements of the Age Discrimination in Employment Act of 1967 (as amended by this title).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Abrogation of right to receive benefits</inline>.—</heading><content class="inline">An election of coverage under the new disability benefits shall abrogate any right the electing employee may have had to receive existing disability benefits. The employee shall maintain any years of service accumulated for purposes of determining eligibility for the new benefits.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <heading><inline class="smallCaps">State assistance</inline>.—</heading><content class="inline">The Equal Employment Opportunity Commission, the Secretary of Labor, and the Secretary of the Treasury shall, on request, provide to States assistance in identifying and securing independent technical advice to assist in complying with this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading><chapeau class="inline">For purposes of this subsection:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <heading><inline class="smallCaps">Employer and state</inline>.—</heading><content class="inline">The terms “employer” and “<quotedText>State</quotedText>” shall have the respective meanings provided such terms under subsections (b) and (i) of section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630).</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <heading><inline class="smallCaps">Disability benefits</inline>.—</heading><content class="inline">The term ‘disability benefits’ means any program for employees of a State or political subdivision of a State that provides long-term disability benefits, whether on an insured basis in a separate employee benefit plan or as part of an employee pension benefit plan.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <heading><inline class="smallCaps">Reasonable notice</inline>.—</heading><chapeau class="inline">The term “reasonable notice” means, with respect to notice of new disability benefits described in paragraph (2)(A) that is given to each employee, notice that—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>is sufficiently accurate and comprehensive to appraise the employee of the terms and conditions of the disability benefits, including whether the employee is immediately eligible for such benefits; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>is written in a manner calculated to be under-stood by the average employee eligible to participate.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <heading><inline class="smallCaps">Discrimination in Employee Pension Benefit Plans</inline>.—</heading><content class="inline">Nothing in this title, or the amendments made by this title, shall be construed as limiting the prohibitions against discrimination that are set forth in section 4(j) of the Age Discrimination in Employment Act of 1967 (as redesignated by section 103(2) of this Act).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <heading><inline class="smallCaps">Continued Benefit Payments</inline>.—</heading><content class="inline">Notwithstanding any other provision of this section, on and after the effective date of this title <page identifier="/us/stat/104/983">104 STAT. 983</page>and the amendments made by this title (as determined in accordance with subsections (a), (b), and (c)), this title and the amendments made by this title shall not apply to a series of benefit payments made to an individual or the individual’s representative that began prior to the effective date and that continue after the effective date pursuant to an arrangement that was in effect on the effective date, except that no substantial modification to such arrangement may be made after the date of enactment of this Act if the intent of the modification is to evade the purposes of this Act.</content> </subsection> </section> <num value="I">TITLE II—</num><heading class="inline">WAIVER OF RIGHTS OR CLAIMS</heading> <section> <num value="201">SEC. 201. </num><heading>WAIVER OF RIGHTS OR CLAIMS.</heading> <content>Section 7 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626) is amended by adding at the end the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>An individual may not waive any right or claim under this Act unless the waiver is knowing and voluntary. Except as provided in paragraph (2), a waiver may not be considered knowing and voluntary unless at a minimum—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the waiver specifically refers to rights or claims arising under this Act;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the individual does not waive rights or claims that may arise after the date the waiver is executed;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the individual is advised in writing to consult with an attorney prior to executing the agreement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">“(F)</num><clause class="inline"><num value="i">(i) </num><content>the individual is given a period of at least 21 days within which to consider the agreement; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement;</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">“(H) </num> <chapeau>if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program; and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.</content> </clause> </subparagraph> </paragraph> <page identifier="/us/stat/104/984">104 STAT. 984</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>A waiver in settlement of a charge filed with the Equal Employment Opportunity Commission, or an action filed in court by the individual or the individual’s representative, alleging age discrimination of a kind prohibited under section 4 or 15 may not be considered knowing and voluntary unless at a minimum—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>subparagraphs (A) through (E) of paragraph (1) have been met; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the individual is given a reasonable period of time within which to consider the settlement agreement.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In any dispute that may arise over whether any of the requirements, conditions, and circumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A) or (B) of paragraph (2), have been met, the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to paragraph (1) or (2).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>No waiver agreement may affect the Commission’s rights and responsibilities to enforce this Act. No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="202">SEC. 202. </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t29/s626">29 USC 626 note</ref>.</p></sidenote><heading>EFFECTIVE DATE.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">In General</inline>.—</heading><content class="inline">The amendment made by section 201 shall not apply with respect to waivers that occur before the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Rule on Waivers</inline>.—</heading><content class="inline">Effective on the date of enactment of this Act, the rule on waivers issued by the Equal Employment Opportunity Commission and contained in section 1627.16(c) of title 29, Code of Federal Regulations, shall have no force and effect.</content> </subsection> </section> <num value="III">TITLE III—</num><heading class="inline">SEVERABILITY</heading> <section> <num value="301">SEC. 301. </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t29/s621">29 USC 621 note</ref>.</p></sidenote><heading>SEVERABILITY.</heading> <content>If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected thereby.</content> </section> Approved October 16, 1990.
LEGISLATIVE HISTORY—S. 1511 (H.R. 3200): HOUSE REPORTS: No. 101—664 accompanying H.R. 3200 (Comm. on Education and Labor). SENATE REPORTS: No. 101—263 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Sept. 17, 18. 24, considered and passed Senate.

Oct. 2, 3, considered and passed House.

 Public Law 101–434: To amend the Appalachian Regional Development Act of 1965 to include Columbiana County, Ohio, as part of the Appalachian region. Public Law 434 Public Law 101–434 104 Stat. 985 1990-10-17 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 2025-06-19 101 public 104 STAT. 985 Public Law 101–434 101st Congress
An Act To amend the Appalachian Regional Development Act of 1965 to include Columbiana County, Ohio, as part of the Appalachian region.

Oct. 17, 1990

[H.R. 435]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 403) is amended by inserting “Columbiana,” after “Carroll, Clermont,”.
Approved October 17, 1990.
LEGISLATIVE HISTORY—H.R. 435: HOUSE REPORTS: No. 101—374 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 17, considered and passed House.

Vol. 136 (1990): Oct. 4, considered and passed Senate.

 Public Law 101–435: To require the Federal Communications Commission to prescribe rules to protect consumers from unfair practices in the provision of operator services, and for other purposes. Public Law 435 Public Law 101–435 104 Stat. 986 1990-10-17 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 2025-06-19 101 public 104 STAT. 986 Public Law 101–435 101st Congress
An Act To require the Federal Communications Commission to prescribe rules to protect consumers from unfair practices in the provision of operator services, and for other purposes.

Oct. 17, 1990

[H.R. 971]

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

Telephone Operator Consumer Services Improvement Act of 1990.

47 USC 609 note.

47 USC 226 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “Telephone Operator Consumer Services Improvement Act of 1990”.
SEC. 2. FINDINGS. The Congress finds that— (1) the divestiture of AT&T and decisions allowing open entry for competitors in the telephone marketplace produced a variety of new services and many new providers of existing telephone services; (2) the growth of competition in the telecommunications market makes it essential to ensure that safeguards are in place to assure fairness for consumers and service providers alike; (3) a variety of providers of operator services now compete to win contracts to provide operator services to hotels, hospitals, airports, and other aggregators of telephone business from consumers; (4) the mere existence of a variety of service providers in the operator services marketplace is significant in making that market competitive only when consumers are able to make informed choices from among those service providers; (5) however, often consumers have no choices in selecting a provider of operator services, and often attempts by consumers to reach their preferred long distance carrier by using a telephone billing card, credit card, or prearranged access code number are blocked; (6) a number of State regulatory authorities have taken action to protect consumers using intrastate operator services; (7) from January 1988 through February 1990, the Federal Communications Commission received over 4,000 complaints from consumers about operator services; (8) those consumers have complained that they are denied access to the interexchange carrier of their choice, that they are deceived about the identity of the company providing operator services for their calls and the rates being charged, that they lack information on what they can do to complain about unfair treatment by an operator service provider, and that they are, accordingly, being deprived of the free choice essential to the operation of a competitive market; (9) the Commission has testified that its actions have been insufficient to correct the problems in the operator services industry to date; and 104 STAT. 987 (10) a combination of industry self-regulation and government regulation is required to ensure that competitive operator services are provided in a fair and reasonable manner.
SEC. 3. AMENDMENT. Title II of the Communications Act of 1934 is amended by inserting immediately after section 225 (47 U.S.C. 225) the following new section:
“SEC. 226. TELEPHONE OPERATOR SERVICES.

47 USC 226.

 “(a) Definitions.—As used in this section— “(1) The term ‘access code’ means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence. “(2) The term ‘aggregator’ means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. “(3) The term ‘call splashing’ means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location. “(4) The term ‘consumer’ means a person initiating any inter-state telephone call using operator services. “(5) The term ‘equal access’ has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82–0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to the enactment of this section. “(6) The term ‘equal access code’ means an access code that allows the public to obtain an equal access connection to the carrier associated with that code. “(7) The term ‘operator services’ means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than— “(A) automatic completion with billing to the telephone from which the call originated; or “(B) completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer. “(8) The term ‘presubscribed provider of operator services’ means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code. “(9) The term ‘provider of operator services’ means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. “(b) Requirements for Providers of Operator Services.— “(1) In general.—Beginning not later than 30 days after the date of enactment of this section, each provider of operator services shall, at a minimum— 104 STAT. 988 “(A) identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; “(B) permit the consumer to terminate the telephone call at no charge before the call is connected; “(C) disclose immediately to the consumer, upon request and at no charge to the consumer— “(i) a quote of its rates or charges for the call; “(ii) the methods by which such rates or charges will be collected; and “(iii) the methods by which complaints concerning such rates, charges, or collection practices will be resolved; “(D) ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of opera-tor services is in compliance with the requirements of subsection (c) and, if applicable, subsection (e)(1); “(E) withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator (i) is blocking access by means of “950” or “800” numbers to interstate common carriers in violation of subsection (c)(1)(B) or (ii) is blocking access to equal access codes in violation of rules the Commission may prescribe under subsection (e)(1); “(F) not bill for unanswered telephone calls in areas where equal access is available; “(G) not knowingly bill for unanswered telephone calls where equal access is not available; “(H) not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; “(I) except as provided in subparagraph (H), not bill for a call that does not reflect the location of the origination of the call; and “(J) not bill an interexchange telephone call to a billing card number which— “(i) is issued by another provider of operator services, and “(ii) permits the identification of the other provider, unless the call is billed at a rate not greater than the other provider’s rate for the call, the consumer requests a special service that is not available under tariff from the other provider, or the consumer expressly consents to a rate greater than the other provider’s rate. “(2) Additional requirements for first 3 years.—In addition to meeting the requirements of paragraph (1), during the 3-year period beginning on the date that is 30 days after the date of enactment of this section, each presubscribed provider of operator services shall identify itself audibly and distinctly to the consumer, not only as required in paragraph (1)(A), but also for a second time before connecting the call and before the consumer incurs any charge. “(c) Requirements for Aggregators.— 104 STAT. 989 “(1) In general.—Each aggregator, beginning not later than 30 days after the date of enactment of this section, shall— “(A) post on or near the telephone instrument, in plain view of consumers— “(i) the name, address, and toll-free telephone number of the provider of operator services; “(ii) a written disclosure that the rates for all opera-tor-assisted calls are available on request, and that consumers have a right to obtain access to the inter-state common carrier of their choice and may contact their preferred interstate common carriers for information on accessing that carrier’s service using that telephone; and “(iii) the name and address of the enforcement division of the Common Carrier Bureau of the Commission, to which the consumer may direct complaints regarding operator services; “(B) ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use “800” and “950” access code numbers to obtain access to the provider of operator services desired by the consumer; and “(C) ensure that no charge by the aggregator to the consumer for using an “800” or “950” access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operator services. “(2) Effect of state law or regulation.—The requirements of paragraph (1)(A) shall not apply to an aggregator in any case in which State law or State regulation requires the aggregator to take actions that are substantially the same as those required in paragraph (1)(A). “(d) General Rulemaking Required.— “(1) Rulemaking proceeding.—The Commission shall conduct a rulemaking proceeding pursuant to this title to prescribe regulations to— “(A) protect consumers from unfair and deceptive practices relating to their use of operator services to place interstate telephone calls; and “(B) ensure that consumers have the opportunity to make informed choices in making such calls. “(2) Deadlines.—The Commission shall initiate the proceeding required under paragraph (1) within 60 days after the date of enactment of this section and shall prescribe regulations pursuant to the proceeding not later than 210 days after such date of enactment. Such regulations shall take effect not later than 45 days after the date the regulations are prescribed. “(3) Contents of regulations.—The regulations prescribed under this section shall— “(A) contain provisions to implement each of the requirements of this section, other than the requirements established by the rulemaking under subsection (e) on access and compensation; and “(B) contain such other provisions as the Commission determines necessary to carry out this section and the purposes and policies of this section. 104 STAT. 990 “(4) Additional requirements to be implemented by regulations.—The regulations prescribed under this section shall, at a minimum— “(A) establish minimum standards for providers of opera-tor services to use in the routing and handling of emergency telephone calls; and “(B) establish a policy for requiring providers of operator services to make public information about recent changes in operator services and choices available to consumers in that market. “(e) Separate Rulemaking on Access and Compensation.— “(1) Access.—The Commission, within 9 months after the date of enactment of this section, shall require— “(A) that each aggregator ensure within a reasonable time that each of its telephones presubscribed to a provider of operator services allows the consumer to obtain access to the provider of operator services desired by the consumer through the use of an equal access code; or “(B)

Public information.

 that all providers of operator services, within a reasonable time, make available to their customers a “950” or “800” access code number for use in making operator services calls from anywhere in the United States; or “(C) that the requirements described under both subparagraphs (A) and (B) apply. “(2) Compensation.—The Commission shall consider the need to prescribe compensation (other than advance payment by consumers) for owners of competitive public pay telephones for calls routed to providers of operator services that are other than the presubscribed provider of operator services for such telephones. Within 9 months after the date of enactment of this section, the Commission shall reach a final decision on whether to prescribe such compensation. “(f) Technological Capability of Equipment.—Any equipment and software manufactured or imported more than 18 months after the date of enactment of this section and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. “(g) Fraud.—In any proceeding to carry out the provisions of this section, the Commission shall require such actions or measures as are necessary to ensure that aggregators are not exposed to undue risk of fraud. “(h) Determinations of Rate Compliance.— “(1) Filing of informational tariff.— “(A) In general.—Each provider of operator services shall file, within 30 days after the date of enactment of this section, and shall maintain, update regularly, and keep open for public inspection, an informational tariff specifying rates, terms, and conditions, and including commissions, surcharges, any fees which are collected from consumers, and reasonable estimates of the amount of traffic priced at each rate, with respect to calls for which operator services are provided. Any changes in such rates, terms, or conditions shall be filed no later than the first day on which the changed rates, terms, or conditions are in effect. 104 STAT. 991 “(B) Waiver authority.—The Commission may, after 4 years following the date of enactment of this section, waive the requirements of this paragraph only if— “(i) the findings and conclusions of the Commission in the final report issued under paragraph (3)(B)(iii) state that the regulatory objectives specified in subsection (d)(1) (A) and (B) have been achieved; and “(ii) the Commission determines that such waiver will not adversely affect the continued achievement of such regulatory objectives. “(2) Review of informational tariffs.—If the rates and charges filed by any provider of operator services under paragraph (1) appear upon review by the Commission to be unjust or unreasonable, the Commission may require such provider of operator services to do either or both of the following: “(A) demonstrate that its rates and charges are just and reasonable, and “(B) announce that its rates are available on request at the beginning of each call. “(3) Proceeding required.— “(A) In general.—Within 60 days after the date of enactment of this section, the Commission shall initiate a proceeding to determine whether the regulatory objectives specified in subsection (d)(1) (A) and (B) are being achieved. The proceeding shall— “(i) monitor operator service rates; “(ii) determine the extent to which offerings made by providers of operator services are improvements, in terms of service quality, price, innovation, and other factors, over those available before the entry of new providers of operator services into the market; “(iii) report on (in the aggregate and by individual

Reports.

provider) operator service rates, incidence of service complaints, and service offerings; “(iv) consider the effect that commissions and surcharges, billing and validation costs, and other costs of doing business have on the overall rates charged to consumers; and “(v) monitor compliance with the provisions of this section, including the periodic placement of telephone calls from aggregator locations. “(B) Reports.—(i) The Commission shall, during the pendency of such proceeding and not later than 5 months after its commencement, provide the Congress with an interim report on the Commission’s activities and progress to date. “(ii) Not later than 11 months after the commencement of such proceeding, the Commission shall report to the Congress on its interim findings as a result of the proceeding. “(iii) Not later than 23 months after the commencement of such proceeding, the Commission shall submit a final report to the Congress on its findings and conclusions. “(4) Implementing regulations.— “(A) In general.—Unless the Commission makes the determination described in subparagraph (B), the Commis-104 STAT. 992sion shall, within 180 days after submission of the report required under paragraph (3)(B)(iii), complete a rulemaking proceeding pursuant to this title to establish regulations for implementing the requirements of this title (and paragraphs (1) and (2) of this subsection) that rates and charges for operator services be just and reasonable. Such regulations shall include limitations on the amount of commissions or any other compensation given to aggregators by providers of operator service. “(B) Limitation.—The requirement of subparagraph (A) shall not apply if, on the basis of the proceeding under paragraph (3)(A), the Commission makes (and includes in the report required by paragraph (3)(B)(iii)) a factual determination that market forces are securing rates and charges that are just and reasonable, as evidenced by rate levels, costs, complaints, service quality, and other relevant factors. “(i) Statutory Construction.—Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under the other sections of this Act.”.
Approved October 17, 1990.
LEGISLATIVE HISTORY—H.R. 971 (S. 1660): HOUSE REPORTS: No. 101—213 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—439 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD:

Vol. 135 (1989): Sept. 25, considered and passed House.

Vol. 136 (1990): Oct. 1, considered and passed Senate, amended, in lieu of S. 1660.

 Public Law 101–436: To provide for the conveyance of certain lands to the State of California, and for other purposes. Public Law 436 Public Law 101–436 104 Stat. 993 1990-10-17 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 2025-06-19 101 public 104 STAT. 993 Public Law 101–436 101st Congress
An Act To provide for the conveyance of certain lands to the State of California, and for other purposes.

Oct. 17, 1990

[H.R. 2809]

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

National forests.

Natural resources.

16 USC 494 note.
SECTION 1. FINDINGS AND PURPOSE. (a) Findings.—The Congress finds and declares that— (1) in order to protect certain outstanding examples of ponderosa pine, sugar pine, and giant sequoia trees located in the North and South Calaveras Groves, on the western slope of the Sierra Nevada Mountains, the State of California has established the Calaveras Big Trees State Park; (2) for similar purposes, the United States has designated certain adjacent Federal lands, amounting to approximately 379 acres, as the Calaveras Big Trees National Forest; and (3) this National Forest (managed as part of the Stanislaus National Forest) is the smallest National Forest in the United States and could be more appropriately and efficiently managed as part of the Calaveras Big Trees State Park. (b) Purpose.—The purpose of this Act is to improve the management of the lands located in the Calaveras Big Trees National Forest, and to protect certain examples of ponderosa pine, sugar pine, and giant sequoia trees, by unifying the management of the lands in such National Forest and in the California Calaveras Big Trees State Park.
SEC. 2. LAND CONVEYANCE.

16 USC 494 note.

 (a) Conveyance.—Subject to valid existing rights and the provisions of this Act, the Secretary of Agriculture (hereinafter in this Act referred to as the “Secretary”) is authorized and directed to convey all right, title, and interest of the United States in and to lands and interests therein within the Calaveras Big Trees National Forest, as generally depicted on a map numbered 20435 and dated June 5, 1989, prepared by the California Department of Parks and Recreation, to the State of California for inclusion within the Calaveras Big Trees State Park. (b) Map and Description.—As soon as practicable after the enactment of this Act, the Secretary shall submit a map and legal description of the lands referred to in subsection (a) to the Commit-tee on Interior and Insular Affairs of the United States House of Representatives, and the Committee on Energy and Natural Re-sources of the Senate. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or typographical errors in such map or legal description may be corrected. The Secretary shall place such map and legal description on file, and make them available for public inspection, in the Office of the Chief of the Forest Service. 104 STAT. 994 (c) Conditions of Conveyance.—Conveyance of the lands and interests described in subsection (a) of this section shall be subject to the following conditions: (1) The conveyance shall take place only if within two years after the date of enactment of this Act, there is concluded an agreement between the State of California and the Secretary whereby the State of California agrees to provide to the United States, in exchange for the lands described in subsection (a) and pursuant to terms and conditions which the Secretary finds acceptable, consideration of approximately equal value. Such consideration shall include either lands in California that the Secretary finds suitable for addition to, and are contiguous to, one or more units of the National Forest System, cash payment, or monetary grants awarded to the United States after June 1, 1990, or any combination thereof. (2) No harvest of timber (except as may be necessary for the control of fire, insects, or disease) and no mining, mineral leasing, or geothermal exploration or development shall be permitted on such lands. (3) Any action by the State of California to convey any portion of such lands or interests to any entity other than the United States shall be void ab initio and shall result in the reversion to the United States of all right, title, and interest in such lands. (4) Any action by the State of California to permit the use of any portion of such lands for any purpose prohibited by this subsection or any purpose incompatible with the continued ability of such lands to support ponderosa pine, sugar pine, or giant sequoia trees, shall result in the reversion of all right, title, and interest in such lands to the United States. Any such lands which revert to the United States shall be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of ponderosa pine, sugar pine, and giant sequoia trees located on such lands. (5) The Secretary, acting through the Forest Service, shall be afforded by appropriate officials of the State of California reasonable opportunities to collect seeds from trees located on such lands for scientific or silvicultural purposes. (6) The Secretary, upon prior notification to the State of California, shall be entitled at any time to enter upon such lands for the purpose of monitoring the management of such lands and the compliance of the State of California with the provisions of this subsection. (7) The conveyance shall be subject to the following reservations or exceptions: (A) existing ditches and canals as authorized by the Act of August 30,1890 (43 U.S.C. 945); and (B) any existing rights-of-way to provide the United States and its assigns access to federally owned lands. (d) Enforcement.—Upon the request of the Secretary, the Attorney General shall bring any action or take any other steps necessary to enforce the provisions of subsection (c) of this section. (e) Timing, Value, and Status.—(1) Conveyance of lands to the State of California pursuant to this Act shall occur when the agreement described in paragraph (1) of subsection (c) has been reached. The restrictions and conditions specified in paragraphs (2), (3), (4), (5), (6), and (7) of subsection (c) shall be included in the instruments of conveyance of lands to the State of California. 104 STAT. 995 (2) Effective upon the conveyance to the State of California of

Termination date.

lands described in subsection (a) of this section, or two years after the date of enactment of this Act, whichever is sooner, the National Forest designation of such lands shall terminate. Any such lands not conveyed to the State of California shall thereupon be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of ponderosa pine, sugar pine, and giant sequoia trees located on such lands. (3) Any lands conveyed to the United States pursuant to this Act shall be deemed national forest lands and managed according to the laws governing the management of the National Forest System. If any such lands are outside existing boundaries of one or more National Forests, the Secretary shall modify such boundaries as he deems appropriate to include such lands. (4) Values of the respective lands exchanged between the United States and the State of California pursuant to this Act shall be of “approximately equal value” as that term is defined by regulations implementing the Act of January 12, 1983, known as the Small Tracts Act (16 U.S.C. 521c-521i).
Approved October 17, 1990.
LEGISLATIVE HISTORY—H.R. 2809: HOUSE REPORTS: No. 101—337 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101—430 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 13, considered and passed House.

Vol. 136 (1990): Sept. 11, considered and passed Senate, amended.

Oct. 3, House concurred in Senate amendments.

 Public Law 101–437: To require the Federal Communications Commission to reinstate restrictions on advertising during children’s television, to enforce the obligation of broadcasters to meet the educational and informational needs of the child audience, and for other purposes. Public Law 437 Public Law 101–437 104 Stat. 996 1990-10-17 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 2025-06-19 101 public 104 STAT. 996 Public Law 101–437 101st Congress
An Act To require the Federal Communications Commission to reinstate restrictions on advertising during children’s television, to enforce the obligation of broadcasters to meet the educational and informational needs of the child audience, and for other purposes.

Oct. 17, 1990

[H.R. 1677]

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

Children’s Television Act of 1990.
short title Section 1.

47 USC 609 note.

This Act may be cited as the “Children’s Television Act of 1990”.
<num value="I">TITLE I—</num><heading class="inline">REGULATION OF CHILDREN’S TELEVISION FINDINGS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t47/s303a">47 USC 303a note</ref>.</p></sidenote><chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it has been clearly demonstrated that television can assist children to learn important information, skills, values, and behavior, while entertaining them and exciting their curiosity to learn about the world around them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>as part of their obligation to serve the public interest, television station operators and licensees should provide programming that serves the special needs of children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the financial support of advertisers assists in the provision of programming to children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>special safeguards are appropriate to protect children from over commercialization on television;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>television station operators and licensees should follow practices in connection with children’s television programming and advertising that take into consideration the characteristics of this child audience; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>it is therefore necessary that the Federal Communications Commission (hereinafter referred to as the “Commission”) take the actions required by this title.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">standards for children’s television programming</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t47/s303a">47 USC 303a</ref>.</p></sidenote><subsection class="inline"><num value="a">(a) </num><content>The Commission shall, within 30 days after the date of enactment of this Act, initiate a rulemaking proceeding to prescribe standards applicable to commercial television broadcast licensees with respect to the time devoted to commercial matter in conjunction with children’s television programming. The Commission shall, within 180 days after the date of enactment of this Act, complete the rulemaking proceeding and prescribe final standards that meet the requirements of subsection (b).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Except as provided in subsection (c), the standards prescribed under subsection (a) shall include the requirement that each commercial television broadcast licensee shall limit the duration of advertising in children’s television programming to not more than<page identifier="/us/stat/104/997">104 STAT. 997</page>10.5 minutes per hour on weekends and not more than 12 minutes per hour on weekdays.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <chapeau>After January 1, 1993, the Commission—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>may review and evaluate the advertising duration limitations required by subsection (b); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>may, after notice and public comment and a demonstration of the need for modification of such limitations, modify such limitations in accordance with the public interest.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>As used in this section, the term “commercial television broadcast licensee” includes a cable operator, as defined in section 602 of the Communications Act of 1934 (47 U.S.C. 522).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">consideration of children’s television service in broadcast license renewal</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><subsection class="inline"><num value="a">(a) </num><chapeau>After the standards required by section 102 are in <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t47/s303b">47 USC 303b</ref>.</p></sidenote>effect, the Commission shall, in its review of any application for renewal of a television broadcast license, consider the extent to which the licensee—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has complied with such standards; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>has served the educational and informational needs of children through the licensee’s overall programming, including programming specifically designed to serve such needs.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <chapeau>In addition to consideration of the licensee’s programming as required under subsection (a), the Commission may consider—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any special nonbroadcast efforts by the licensee which enhance the educational and informational value of such programming to children; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any special efforts by the licensee to produce or support programming broadcast by another station in the licensee’s marketplace which is specifically designed to serve the educational and informational needs of children.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">program length commercial matter</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><content>Within 180 days after the date of enactment of this Act, the Commission shall complete the proceeding known as “Revision of Programming and Commercialization Policies, Ascertainment Requirements and Program Log Requirements for Commercial Television Stations”, MM Docket No. 83–670.</content> </section> <num value="II">TITLE II—</num><heading class="inline">ENDOWMENT FOR CHILDREN’S EDUCATIONAL TELEVISION<sidenote><p class="indent0 fontsize8">National Endowment for Children’s Educational Television Act of 1990.</p><p class="indent0 fontsize8"><ref href="/us/usc/t47/s609">47 USC 609 note</ref>.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>This title may be cited as the “<shortTitle role="title">National Endowment for Children’s Educational Television Act of 1990</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">findings</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><chapeau>The Congress finds that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>children in the United States are lagging behind those in <sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t47/s394">47 USC 394 note</ref>.</p></sidenote>other countries in fundamental intellectual skills, including reading, writing, mathematics, science, and geography;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>these fundamental skills are essential for the future governmental and industrial leadership of the United States;</content> </paragraph> <page identifier="/us/stat/104/998">104 STAT. 998</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the United States must act now to greatly improve the education of its children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>television is watched by children about three hours each day on average and can be effective in teaching children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>educational television programming for children is aired too infrequently either because public broadcast licensees and permittees lack funds or because commercial broadcast licensees and permittees or cable television system operators do not have the economic incentive; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the Federal Government can assist in the creation of children’s educational television by establishing a National Endowment for Children’s Educational Television to supplement the children’s educational programming funded by other governmental entities.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">national endowment for children’s educational television</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="indent0 fontsize8"><ref href="/us/usc/t47/s394/393a">47 USC 394, 393a</ref>.</p><p class="indent0 fontsize8"><ref href="/us/usc/t47/s395/396/397">47 USC prec. 395, prec. 396, prec. 397</ref>.</p></sidenote> <content class="inline">by redesignating section 394 as section 393A;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating subparts B, C, and D as subparts C, D, and E, respectively; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by inserting immediately after section 393A, as so redesignated, the following new subpart: <quotedContent> <subpart><num class="centered" value="B">“Subpart B—</num><heading class="inline">National Endowment for Children’s Educational Television</heading> <section class="firstIndent1 fontsize10"> <heading class="centered smallCaps">“establishment of national endowment</heading> <num value="394"><inline class="smallCaps">“Sec</inline>. 394. </num><sidenote><p class="indent0 fontsize8">Government contracts. Grant programs—education.</p><p class="indent0 fontsize8"><ref href="/us/usc/t47/s394">47 USC 394</ref>.</p></sidenote><subsection class="inline"><num value="a">(a) </num><content>It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed toward the development of fundamental intellectual skills.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>There is established, under the direction of the Secretary, a National Endowment for Children’s Educational Television. In administering the National Endowment, the Secretary is authorized to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contract with the Corporation for the production of educational television programming for children; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>make grants directly to persons proposing to create and produce educational television programming for children.</content> </subparagraph> <continuation>The Secretary shall consult with the Advisory Council on Children’s Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Contracts and grants under this section shall be made on the condition that the programming shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num><sidenote><p class="indent0 fontsize8">Cable television.</p></sidenote> <content class="inline">thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements.<page identifier="/us/stat/104/999">104 STAT. 999</page>The Secretary may, consistent with the purpose and provisions of this section, permit the programming to be distributed to persons using other media, establish conditions relating to such distribution, and apply those conditions to any contract or grant made under this section. The Secretary may waive the requirements of subparagraph (A) if the Secretary finds that neither public television licensees and permittees nor noncommercial television licensees and permittees will have an opportunity to air such programming in the first two years after its production.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Secretary, with the advice of the Advisory Council on Children’s Educational Television, shall establish criteria for making contracts and grants under this section. Such criteria shall be consistent with the purpose and provisions of this section and shall be made available to interested parties upon request. Such criteria shall include—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>criteria to maximize the amount of programming that is produced with the funds made available by the Endowment;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>criteria to minimize the costs of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>selection of grantees,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>administering the contracts and grants, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the administrative costs of the programming production; and</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>criteria to otherwise maximize the proportion of funds made available by the Endowment that are expended for the cost of programming production.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Applications for grants under this section shall be submitted to the Secretary in such form and containing such information as the Secretary shall require by regulation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Upon approving any application for a grant under subsection (b)(1)(B), the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amounts shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of the project for which the grant is made.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary shall establish an Advisory Council on Children’s Educational Television. The Secretary shall appoint ten individuals as members of the Council and designate one of such members to serve as Chairman.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Members of the Council shall have terms of two years, and no member shall serve for more than three consecutive terms. The members shall have expertise in the fields of education, psychology, child development, or television programming, or related disciplines. Officers and employees of the United States shall not be appointed as members.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>While away from their homes or regular places of business in the performance of duties for the Council, the members of the Council shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Council shall meet at the call of the Chairman and shall advise the Secretary concerning the making of contracts and grants under this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f)</num><paragraph class="inline"><num value="1">(1) </num><content>Each recipient of a grant under this section shall keep such <sidenote><p class="indent0 fontsize8">Records.</p></sidenote>records as may be reasonably necessary to enable the Secretary to carry out the Secretary’s functions under this section, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such grant, the total cost of the project, <page identifier="/us/stat/104/1000">104 STAT. 1000</page>the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="indent0 fontsize8">Records.</p></sidenote> <content class="inline">The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to a grant received under this section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num> <content>The Secretary is authorized to make such rules and regulations as may be necessary to carry out this section, including those relating to the order of priority in approving applications for projects under this section or to determining the amounts of contracts and grants for such projects.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num><sidenote><p class="indent0 fontsize8">Appropriation authorization.</p></sidenote> <content class="inline">There are authorized to be appropriated $2,000,000 for fiscal year 1991 and $4,000,000 for fiscal year 1992 to be used by the Secretary to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year shall remain available for contracts and grants for projects for which applications approved under this section have been submitted wtihin one year after the last day of such fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘educational television programming for children’ means any television program which is directed to an audience of children who are 16 years of age or younger and which is designed for the intellectual development of those children, except that such term does not include any television program which is directed to a general audience but which might also be viewed by a significant number of children; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the term ‘person’ means an individual, partnership, association, joint stock company, trust, corporation, or State or local governmental entity.”.</content> </paragraph> </subsection> </section> </subpart> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <chapeau>Section 397 of the Communications Act of 1934 (47 U.S.C. 397) is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in paragraph (2) by striking “<quotedText>subpart C</quotedText>” and inserting in lieu thereof “<quotedText>subpart D</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>in paragraph (15)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by inserting “<quotedText>and subpart B</quotedText>” immediately after “<quotedText>subpart A</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking “<quotedText>subpart B, subpart C</quotedText>” and inserting in lieu thereof “<quotedText>subpart C, subpart D</quotedText>”.</content> </subparagraph> </paragraph> </subsection> </section> [Note by the Office of the Federal Register.—The foregoing Act, having been presented to the President of the United States on Friday, October 5, 1990, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become law without his signature on October 18, 1990.]
LEGISLATIVE HISTORY—H.R. 1677 (S. 1992): HOUSE REPORTS: No. 101—385 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—227 accompanying S. 1992 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 186 (1990):

July 19, S. 1992 considered and passed Senate.

July 23, H.R. 975 considered and passed House.

Sept. 24, considered and passed Senate, amended.

Oct. 1, House concurred in Senate amendment.

 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

Oct. 17, Presidential statement.

 Public Law 101–438: To provide for the construction, operation, and maintenance of an extension of the American Canal at El Paso, Texas. Public Law 438 Public Law 101–438 104 Stat. 1001 1990-10-18 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 2025-06-19 101 public 104 STAT. 1001 Public Law 101–438 101st Congress
An Act To provide for the construction, operation, and maintenance of an extension of the American Canal at El Paso, Texas.

Oct. 18, 1990

[H.R. 4758]

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

Rio Grande American Canal Extension Act of 1990.
SECTION 1. SHORT TITLE. This Act may be cited as the “Rio Grande American Canal Extension Act of 1990”.
SEC. 2. FINDINGS. The Congress finds the following: (1) The Riverside Dam on the international reach of the Rio Grande River at El Paso, Texas, provides the water used to irrigate nearly 32,000 acres of farmland in the United States. (2) In June 1987, the Riverside Dam failed, and the temporary replacement structure now in place on the river cannot be relied upon to guarantee the continued provision of these waters to the United States. (3) Building a permanent structure in an international reach of the Rio Grande would require the conditional approval of the Government of Mexico through an action of the International Boundary and Water Commission, United States and Mexico, and Mexico could use such structure to divert waters to its own land. (4) The United States constructed the American Dam completely in United States territory to ensure that waters from the American Canal would be completely retained within the United States up to a point below Mexico’s diversion at the International Dam. (5) Potentially disruptive international issues might arise from the commingling of the waters of the United States and the waters of Mexico in this reach of the Rio Grande, while such issues would not arise if a canal extension were constructed and operated wholly on the American side of the river. (6) The construction and operation of an extension of the American Canal which would lie wholly in the United States would provide for a more equitable distribution of waters be-tween the United States and Mexico, reduce water losses, and eliminate many hazards to public safety.
SEC. 3. CONSTRUCTION OF CANAL EXTENSION, OPERATION, MAINTENANCE, AND USE. (a) Construction of Extension.—Subject to subsection (e), the Secretary shall construct an extension of the American Canal, together with pumping plants, wasteways, measuring devices, and other facilities needed to connect such extension with existing irrigation systems. Such extension shall lie wholly in the United States and shall be approximately 13 miles in length, beginning at 104 STAT. 1002the downstream end of the current American Canal in El Paso, Texas, and extending to Riverside Heading. (b) Operation of Canal.— (1) In general.—Except as provided in paragraph (2), the Secretary shall operate the extension of the American Canal provided for in subsection (a). (2)

Government contracts.

Mexico.

 Delivery of waters.—The Secretary shall enter into an agreement with El Paso County Water Improvement District Number 1 pursuant to which the Water Improvement District would be responsible for the operation of the American Canal with respect to the delivery of all waters, with the exception of those waters belonging to Mexico which, consistent with paragraph (3), the Secretary shall be responsible for delivering. (3) United states obligations under 1906 and 1933 conventions.—In authorizing the agreement described in paragraph (2), this Act— (A) does not in any way affect the jurisdiction, powers, or prerogatives of the International Boundary and Water Commission, United States and Mexico, and (B) does not in any way impede the ability of the United States Government to fulfill its obligations under the 1906 and 1933 Conventions. (c) Use of Canal as Conveyance Channel.— (1) Use by Mexico.—The Secretary may enter into an agreement with Mexico which permits Mexico to use the American Canal as a conveyance channel. Any such agreement shall require Mexico to make payments to the United States for Mexico’s use of the American Canal. (2) Use by non-federal entities.—Upon obtaining the ex-press approval of the Secretary, El Paso County Water Improvement District Number 1 may enter into agreements with other non-Federal entities pursuant to which such entities may use the American Canal as a conveyance channel. (d) Maintenance of Extension.—The Secretary shall maintain the extension of the American Canal provided for in subsection (a). (e) Local Contributions to Costs.—The extension of the American Canal provided for in subsection (a) may not be constructed unless the Secretary and El Paso County Water Improvement District Number 1 have entered into the following agreements: (1) Construction costs.—An agreement pursuant to which El Paso County Water Improvement District Number 1 will pay $5,000,000 as its share of the construction costs for the construction of the extension of the American Canal provided for in subsection (a). (2) Maintenance costs.—An agreement pursuant to which El Paso County Water Improvement District Number 1 will contribute a cumulative amount of $50,000 each year to the United States Commissioner as its share of the costs for maintenance of the extention of the American Canal provided for in subsection (a). After the 7-year anniversary of the completion of the construction of that extension (and after the end of each 7-year interval since the last such renegotiation), the Secretary and the El Paso County Water Improvement District Number 1 may renegotiate the amount of the contribution of El Paso County Water Improvement District Number 1 pursuant to the agreement required by this paragraph in order to reflect any increase in Bureau of Labor Statistics Consumer Price Index-104 STAT. 1003Urban Wage Earners and Clerical Workers (CPI-W)–1982–84–100 Index. In the event the funds contributed by the El Paso County Water Improvement District Number 1 pursuant to this paragraph are not utilized during any given year, the funds shall be carried over to the succeeding years in a contingency fund for necessary preventative and routine maintenance work to be performed by the United States Section, International Boundary and Water Commission. (f) Repeal of Previous Construction Authorization.—Title IV of the Act entitled “An Act to authorize various Federal reclamation projects and programs, and for other purposes”, approved September 28,1976 (Public Law 94–423; 90 Stat. 1327), is repealed.
SEC. 4. STUDY OF SUBSIDENCE DAMAGE. The Secretary— (1) shall conduct a study to determine the likelihood and extent of any damage to property adjacent to the American Canal which would be caused by subsidence related to the Canal extension provided for in section 3(a), and (2) shall submit a report to the Congress detailing his findings not later than 1 year after the date of the enactment of this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated— (1) $42,000,000 to construct the extension of the American Canal provided for in section 3(a); and (2) such sums as may be necessary to operate and maintain that extension and to conduct the study required by section 4.
SEC. 6. DEFINITIONS. As used in this Act— (1) the term “American Canal” means the Rio Grande American Canal constructed pursuant to the Act of August 29, 1935 (49 Stat. 961); (2) the term “United States Commissioner” means the United States Commissioner, International Boundary and Water Commission, United States and Mexico; and (3) the term “Secretary” means the Secretary of State, acting through the United States Commissioner.
Approved October 18, 1990.
LEGISLATIVE HISTORY—H.R. 4758: CONGRESSIONAL RECORD, Vol. 136 (1990):

June 12, considered and passed House.

Oct. 4, considered and passed Senate.

 Public Law 101–439: Designating October 1990 as “National Domestic Violence Awareness Month”. Public Law 439 Public Law 101–439 104 Stat. 1004 1990-10-18 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 2025-06-19 101 public 104 STAT. 1004 Public Law 101–439 101st Congress
Joint Resolution Designating October 1990 as “National Domestic Violence Awareness Month”.

Oct. 18, 1990

[H.J. Res. 602]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Whereas it is estimated that a woman is battered every 15 seconds in the United States; Whereas domestic violence is the single largest cause of injury to women in the United States, affecting 6,000,000 women; Whereas urban and rural women of all racial, social, religious, ethnic, and economic groups, and of all ages, physical abilities, and lifestyles are affected by domestic violence; Whereas 31 percent of female homicide victims in 1988 were killed by their husbands or boyfriends; Whereas one-third of the domestic violence incidents involve felonies, specifically, rape, robbery, and aggravated assault; Whereas in 50 percent of families where the wife is being abused, the children of that family are also abused; Whereas some individuals in law enforcement and the judicial system continue to think of spousal abuse as a “private” matter and are hesitant to intervene and treat domestic assault as a crime; Whereas in 1987, over 375,000 women, plus their children, were provided emergency shelter in domestic violence shelters and safe homes, and the number of women and children that were sheltered by domestic violence programs increased by 164,000 between 1983 and 1987; Whereas 40 percent of women in need of shelter may be turned away due to a lack of shelter space; Whereas the nationwide efforts to help the victims of domestic violence need to be expanded and coordinated; Whereas there is a need to increase the public awareness and understanding of domestic violence and the needs of-battered women and their children; and Whereas the dedication and successes of those working to end domestic violence and the strength of the survivors of domestic violence should be recognized: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That October 1990 is designated as “National Domestic Violence Awareness Month”, and 104 STAT. 1005the President is authorized and requested to issue a proclamation calling on the people of the United States to observe the month by becoming more aware of the tragedy of domestic violence, supporting those who are working to end domestic violence, and participating in other appropriate efforts.
Approved October 18, 1990.
LEGISLATIVE HISTORY—H.J. Res. 602: CONGRESSIONAL RECORD, Vol. 136 (1990):

Oct. 1, considered and passed House.

Oct. 10, considered and passed Senate.

 Public Law 101–440: To amend the Energy Policy and Conservation Act to increase the efficiency and effectiveness of State energy conservation programs carried out pursuant to such Act, and for other purposes. Public Law 440 Public Law 101–440 104 Stat. 1006 1990-10-18 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 2025-06-19 101 public 104 STAT. 1006 Public Law 101–440 101st Congress
Joint Resolution To amend the Energy Policy and Conservation Act to increase the efficiency and effectiveness of State energy conservation programs carried out pursuant to such Act, and for other purposes.

Oct. 18, 1990

[S. 247]

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

State Energy Efficiency Programs Improvement Act of 1990.

42 USC 6201 note.
SECTION 1. SHORT TITLE. This Act may be cited as the “State Energy Efficiency Programs Improvement Act of 1990”.
SEC. 2. STATE ENERGY EFFICIENCY GOALS AND DEFINITIONS. (a) Goals.—(1) Section 364 of the Energy Policy and Conservation Act (42 U.S.C. 6324) is amended to read as follows:
“state energy efficiency goals “Sec. 364. Each State energy conservation plan with respect to which assistance is made available under this part on or after October 1, 1991, shall contain a goal, consisting of an improvement of 10 percent or more in the efficiency of use of energy in the State concerned in the calendar year 2000 as compared to the calendar year 1990, and may contain interim goals.”.
(2) The table of contents of such Act is amended by striking out the item for section 364 and inserting in lieu thereof the following: “Sec. 364. (b) Definitions.—Section 366(4) of such Act (42 U.S.C. 6326(4)) is amended— (1) by striking out “building or industrial” and inserting in lieu thereof “building, building system, energy consuming device associated with the building, or industrial”; (2) by striking out “the date of enactment of the Energy Conservation and Production Act” and inserting in lieu thereof “May 1, 1989”; and (3) by inserting “maintain or” before “improve the efficiency” in the first sentence.
SEC. 3. REQUIRED ELEMENTS OF STATE ENERGY CONSERVATION PLAN. (a) Plan Requirements.—Section 362(c) of the Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended— (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “, and”; (3) by adding at the end thereof the following new paragraph: “(6) procedures for ensuring effective coordination among various local, State, and Federal energy conservation programs within the State, including any program administered within the Office of Technical and Financial Assistance of the Department of Energy and the Low Income Home Energy Assistance 104 STAT. 1007Program administered by the Department of Health and Human Services.”. (b) Additional Conditions.—Section 363 of such Act (42 U.S.C. 6323) is amended by adding at the end thereof the following new subsections: “(d) Each State receiving Federal financial assistance pursuant to this section shall provide reasonable assurance to the Secretary that it has established policies and procedures designed to assure that Federal financial assistance under this part and under part G of this title will be used to supplement, and not to supplant, State and local funds, and to the extent practicable, to increase the amount of such funds that otherwise would be available, in the absence of such Federal financial assistance, for those programs set forth in the State energy conservation plan approved pursuant to subsection (b). “(e)(1) Effective October 1, 1991, to be eligible for Federal financial assistance pursuant to this section, a State shall submit to the Secretary, as a supplement to its energy conservation plan, an energy emergency planning program for an energy supply disruption, as designed by the State consistent with applicable Federal and State law. The contingency plan provided for by the program shall include an implementation strategy or strategies (including regional coordination) for dealing with energy emergencies. The submission of such plan shall be for informational purposes only and without any requirement of approval by the Secretary. “(2) Federal financial assistance made available under this part to a State may be used to develop and conduct the energy emergency planning program requirement referred to in paragraph (1).”.
SEC. 4. OPTIONAL ELEMENTS OF STATE ENERGY CONSERVATION PLAN AND CONSOLIDATION OF SUPPLEMENTAL STATE ENERGY CONSERVATION PLAN. (a) In General.—Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended— (1) by striking out paragraph (3) and inserting in lieu thereof the following: “(3) programs to increase transportation energy efficiency, including programs to accelerate the use of alternative transportation fuels for State government vehicles, fleet vehicles, taxies, mass transit, and privately owned vehicles;”; (2) by striking out “and” at the end of paragraph (4); (3) by striking out paragraph (5) and inserting in lieu thereof the following: “(5) programs for financing energy efficiency and renewable energy capital investments, projects, and programs— “(A) which may include loan programs and performance contracting programs for leveraging of additional public and private sector funds, and programs which allow re-bates, grants, or other incentives for the purchase and installation of energy efficiency and renewable energy measures; or “(B) in addition to or in lieu of programs described in subparagraph (A), which may be used in connection with public or nonprofit buildings owned and operated by a State, a political subdivision of a State or an agency or instrumentality of a State, or an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; 104 STAT. 1008 “(6) programs for encouraging and for carrying out energy audits with respect to buildings and industrial facilities (including industrial processes) within the State; “(7) programs to promote the adoption of integrated energy plans which provide for— “(A) periodic evaluation of a State’s energy needs, available energy resources (including greater energy efficiency), and energy costs; and “(B) utilization of adequate and reliable energy supplies, including greater energy efficiency, that meet applicable safety, environmental, and policy requirements at the lowest cost; “(8) programs to promote energy efficiency in residential housing, such as— “(A) programs for development and promotion of energy efficiency rating systems for newly constructed housing and existing housing so that consumers can compare the energy efficiency of different housing; and “(B) programs for the adoption of incentives for builders, utilities, and mortgage lenders to build, service, or finance energy efficient housing; “(9) programs to identify unfair or deceptive acts or practices which relate to the implementation of energy efficiency measures and renewable resource energy measures and to educate consumers concerning such acts or practices; “(10) programs to modify patterns of energy consumption so as to reduce peak demands for energy and improve the efficiency of energy supply systems, including electricity supply systems; “(11) programs to promote energy efficiency as an integral component of economic development planning conducted by State, local, or other governmental entities or by energy utilities; “(12) in accordance with subsection (g), programs to implement the Energy Technology Commercialization Services Program; and “(13) any other appropriate method or programs to conserve and to promote efficiency in the use of energy.”. (b) Energy Technology Commercialization Services Program.—Section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) is amended by adding at the end thereof the following new subsection: “(f)

Small businesses.

(1) The purposes of this subsection are to— “(A) strengthen State outreach programs to aid small and start-up businesses; “(B) foster a broader application of engineering principles and techniques to energy technology products, manufacturing, and commercial production by small and start-up businesses; and “(C) foster greater assistance to small and start-up businesses in dealing with the Federal Government on energy technology related matters. “(2) The programs to implement the functions of the Energy Technology Commercialization Services Program, as provided for by subsection (d)(12), shall— “(A) aid small and start-up businesses in discovering useful and practical information relating to manufacturing and 104 STAT. 1009commercial production techniques and costs associated with new energy technologies; “(B) encourage the application of such information in order to solve energy technology product development and manufacturing problems; “(C) establish an Energy Technology Commercialization Services Program affiliated with an existing entity in each State; “(D) coordinate engineers and manufacturers to aid small and start-up businesses in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new energy technologies; “(E) assist small and start-up businesses in preparing the technical portions of proposals seeking financial assistance for new energy technology commercialization; and “(F) facilitate contract research between university faculty and students and small start-up businesses, in order to improve energy technology product development and independent quality control testing. “(3) Each State energy technology commercialization services program shall develop and maintain a data base of engineering and scientific experts in energy technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and national laboratory personnel. “(4) The services provided by the energy technology commercialization services programs established under this subsection shall be available to any small or start-up business. Such service programs shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: (A) the costs of the services received; (B) the need of the recipient for the services; and (C) the ability of the recipient to pay for the services. “(5) For the purposes of this subsection, the term— “(A) ‘institution of higher education’ has the same meaning as such term is defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)); “(B) ‘small business’ means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under section 3(a) of the Small Business Act (15 U.S.C. 632) for the Standard Industrial Classification (SIC) codes designated by the Secretary of Energy; and “(C) ‘start-up business’ means a small business which has been in existence for 5 years or less.”. (c) Elimination of SSECP.—(1) Section 367 of such Act (42 U.S.C. 6327) is repealed. (2) The table of contents of such Act is amended by striking out the item for section 367.
SEC. 5. STATE ENERGY ADVISORY BOARD. Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by adding at the end the following: “(g)(1)(A) There is hereby established within the Department of Energy a State Energy Advisory Board (hereafter in this subsection referred to as the ‘Board’) which shall consist of at least 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of 104 STAT. 1010the State agency, or a division of such agency, responsible for developing State energy conservation plans pursuant to section 362. At least four members shall be directors of State or local low income weatherization assistance programs. Other members shall be appointed from persons who have experience in energy efficiency or renewable energy programs from the private sector, consumer interest groups, utilities, public utility commissions, educational institutions, financial institutions, local government energy programs, or research institutions. A majority of the members of the Board shall be State employees. “(B)(i) Except as provided in clause (ii), the members of the Board shall serve a term of three years. “(ii) Of the members first appointed to the Board, one-third shall serve a term of one year, one-third shall serve a term of two years, and the remainder shall serve a term of three years, as specified by the Secretary. “(2) The Board shall— “(A) make recommendations to the Assistant Secretary for Conservation and Renewable Energy within the Department of Energy with respect to— “(i) the energy efficiency goals and objectives of the programs carried out under this part, part G of this title, and under part A of title IV of the Energy Conservation and Production Act; and “(ii) programmatic and administrative policies designed to strengthen and improve the programs referred to in clause (i), including actions that should be considered to encourage non-Federal resources (including private re-sources) to supplement Federal financial assistance; “(B) serve as a liaison between the States and such Department on energy efficiency and renewable energy resource programs; and “(C) encourage transfer of the results of research and development activities carried out by the Federal Government with respect to energy efficiency and renewable energy resource technologies. “(3) The Secretary shall designate one of the members of the Board to serve as its chairman and one to serve as its vice-chairman. The chairman and vice-chairman shall serve in those offices no longer than two years. “(4) The Secretary shall provide the Board with such reasonable services and facilities as may be necessary for the performance of its functions. “(5) The Board shall be nonpartisan. “(6) The Board may adopt administrative rules and procedures and may elect one of its members secretary of the Board. “(7) Consistent with Federal regulations, the Secretary shall reimburse members of the Board for expenses (including travel expenses) necessarily incurred by them in the performance of their duties. “(8)

Reports.

 The Board shall meet at least twice a year and shall submit an annual report to the Secretary and the Congress on the activities carried out by the Board in the previous fiscal year, including an accounting of the expenses reimbursed under paragraph (7) with respect to the year for which the report is made and any recommendations it may have for administrative or legislative changes 104 STAT. 1011concerning the matters referred to in subparagraphs (A), (B), and (C) of paragraph (2). “(9) The Board shall continue until terminated by law.”.
SEC. 6. ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS. (a) Non-Federal Share of a Project.—Section 396(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6371e(b)(1)) is amended by adding at the end thereof the following: “The non-Federal share of the costs of any such energy conservation project may be provided by using programs of innovative financing for energy conservation projects (including, but not limited to, loan programs and performance contracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is completed.”. (b) Definitions.—Section 391 of such Act (42 U.S.C. 6371) is amended— (1) in paragraph (1), by striking out “April 20, 1977” and inserting in lieu thereof “May 1, 1989”; (2) in paragraph (2), by striking out “reduce energy consumption” and inserting in lieu thereof “maintain or reduce energy consumption and reduce energy costs” in the material preceding subparagraph (A); (3) in paragraph (2)(C), by inserting “and load management systems” before the semicolon; (4) in paragraph (8), by inserting “administrative facilities,” after “dormitories,”; and (5) in paragraph (17)(A), by striking out “and related cost savings” and inserting in lieu thereof “or energy cost savings”. (c) Repeal of Educational Agency Exclusion.—Section 396(e) of such Act (42 U.S.C. 6371e(e)) is repealed. (d) Use of Funds.—Section 396(d) of such Act (42 U.S.C. 6371e(d)) is amended— (1) by striking out “The” and inserting in lieu thereof “(1) The”; and (2) by adding at the end the following new paragraphs: “(2) A State may utilize up to 100 percent of the funds provided by

Regulations.

the Secretary under this part for any fiscal year for program and technical assistance and up to 50 percent of such funds for marketing and other costs associated with leveraging of non-Federal funds for carrying out this part and may administer a continuous and consecutive application and award procedure for providing program and technical assistance under this part in accordance with regulations that the Secretary shall establish, if the State— “(A) has adopted a State plan in accordance with section 394, the administration of which is in accordance with applicable regulations; and “(B) certifies to the Secretary that not more than 15 percent of the aggregate amount of Federal and non-Federal funds used by the State to provide program and technical assistance, implement energy conservation measures, and otherwise carry out a program pursuant to this part for the fiscal year concerned will be expended for program and technical assistance and for marketing and other costs associated with leveraging of non-Federal funds for such program.”.
104 STAT. 1012
SEC. 7. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS. (a) Cooling Materials.—Section 412(9) of the Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended— (1) by striking out “and” at the end of subparagraph (F); (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by adding after subparagraph (F) the following: “(G) cooling efficiency modifications, including, but not limited to, replacement air-conditioners, ventilation equipment, screening, window films, and shading devices; and”. (b) Rental Housing.—(1) Section 413(b)(2) of such Act (42 U.S.C. 6863(b)(2)) is amended— (A) by striking out “and” at the end of subparagraph (A); and (B) by striking out subparagraph (B) and inserting in lieu thereof the following: “(B) that provide guidance to the States in the implementation of this part, including guidance designed to ensure that a State establishes (i) procedures that provide protection under paragraph (5) to tenants paying for energy as a portion of their rent, and (ii) a process for monitoring compliance with its obligations pursuant to this part; and “(C) that secure the Federal investment made under this part and address the issues of eviction from and sale of property receiving weatherization materials under this part.”. (2) Section 413(b) of such Act (42 U.S.C. 6863(b)) is amended by adding at the end the following: “(5) In any case in which a dwelling consists of a rental unit or rental units, the State, in the implementation of this part, shall ensure that— “(A) the benefits of weatherization assistance in connection with such rental units, including units where the tenants pay for their energy through their rent, will accrue primarily to the low-income tenants residing in such units; “(B) for a reasonable period of time after weatherization work has been completed on a dwelling containing a unit occupied by an eligible household, the tenants in that unit (including house-holds paying for their energy through their rent) will not be subjected to rent increases unless those increases are demonstrably related to matters other than the weatherization work performed; “(C) the enforcement of subparagraph (B) is provided through procedures established by the State by which tenants may file complaints and owners, in response to such complaints, shall demonstrate that the rent increase concerned is related to matters other than the weatherization work performed; and “(D) no undue or excessive enhancement will occur to the value of such dwelling units. “(6) As a condition of having assistance provided under this part with respect to multifamily buildings, a State may require financial participation from the owners of such buildings.”. (c) Allocation Formula.—Section 414 of such Act (42 U.S.C. 6864) is amended— (1) in subsection (a)(D), by inserting “, such as the cost of heating and cooling,” after “necessary”; and (2) by adding at the end the following: 104 STAT. 1013 “(c) Effective with fiscal year 1991, and annually thereafter, the Secretary shall update the population, eligible households, climatic, residential energy use, and all other data used in allocating the funds under this part among the States pursuant to subsection (a).”. (d) Waiver of 40-Percent Requirement.—Section 415(a) of such Act (42 U.S.C. 6865(a)) is amended— (1) in the first sentence, by striking out “An average” and inserting in lieu thereof “(1) Except as provided in paragraph (2), an average”; (2) by inserting the following before the period at the end of the second sentence: “, and a State may provide in the plan adopted pursuant to subsection (b) for recipients of grants of less than $350,000 to use up to an additional 5 percent of such grant for administration if the State has determined that such recipient requires such additional amount to implement effectively the administrative requirements established by the Secretary pursuant to this part”; and (3) by adding at the end the following: “(2)(A) The Secretary shall approve a State’s application to waive the 40-percent requirement established in paragraph (1) if the State includes in its plan energy audit procedures and techniques which (i) meet standards established by the Secretary after consultation with the State Energy Advisory Board established under section 365(g) of the Energy Policy and Conservation Act, (ii) establish priorities for selection of weatherization measures based on their cost and contribution to energy efficiency, (iii) measure the energy requirement of individual dwellings and the rate of return of the total conservation investment in a dwelling, and (iv) account for interaction among energy efficiency measures. “(B) The Secretary shall make information on energy audit procedures

Occupational training.

and techniques available to States applying for a waiver under subparagraph (A) and shall provide training for State and local agencies in the implementation of such procedures and techniques.”. (e) Dwelling Unit Limitation.—Section 415(c) of such Act (42 U.S.C. 6865(c)) is amended— (1) in paragraph (1), by striking out “The expenditure” and inserting in lieu thereof “Except as provided in paragraphs (3) and (4), the expenditure”; and (2) by adding at the end the following: “(3) Beginning with fiscal year 1991, the $1,600 per dwelling unit limitation provided in paragraph (1) shall be adjusted annually by increasing the limitation amount by an amount equal to— “(A) the limitation amount for the previous fiscal year, multiplied by “(B) the lesser of (i) the percentage increase in the Consumer Price Index (all items, United States city average) for the most recent calendar year completed before the beginning of fiscal year for which the determination is being made, or (ii) three percent. “(4)(A) In addition to the average per dwelling unit limitation applicable in a State under paragraphs (1) and (3), the Secretary shall, upon application by a State, establish a separate average per dwelling unit limitation for dwelling units in such State— “(i) which conform to program requirements; and “(ii) which, in addition to any other weatherization modifications, have furnace efficiency modifications made under this part. 104 STAT. 1014 “(B) The average per dwelling unit limitation applicable in a State to units described in subparagraph (A) shall not exceed an amount equal to— “(i) the amount permitted for the expenditure of financial assistance for labor, weatherization materials, and related matters for dwelling units in such State under paragraphs (1) and (3), plus “(ii) an amount determined by the State to be the average amount that is appropriate for furnace efficiency modifications of dwelling units of the type assisted under this part in such State.”. (f) Repeal of Performance Fund.—Section 415(d) of such Act (42 U.S.C. 6865(d)) is repealed. (g) Non-Federal Funding Requirement.—Section 414(b)(3) of such Act (42 U.S.C. 6864(b)(3)) is amended by striking out “and (B)” and inserting in lieu thereof the following: “(B) for using Federal financial assistance under this part to increase the portion of low-income weatherization assistance that the State obtains from non-Federal sources, including private sources, and (C)”. (h) Additional Reporting Requirement.—Section 421 of such Act (42 U.S.C. 6871) is amended— (1) by striking out “through 1979”; and (2) by adding at the end the following: “Such report shall include information and data furnished by each State on the average costs incurred in weatherization of individual dwelling units, the average size of the dwellings being weatherized, and the average income of households receiving assistance under this part.”. (i) Incentive Program.—Section 415 of such Act (42 U.S.C. 6865) is amended by adding at the end the following: “(d) Beginning with fiscal year 1992, the Secretary may allocate funds appropriated pursuant to section 422(b) to provide supplementary financial assistance to those States which the Secretary determines have achieved the best performance during the previous fiscal year in achieving the purposes of this part. In making this determination, the Secretary shall— “(1) consult with the State Energy Advisory Board established under section 365(g) of the Energy Policy and Conservation Act; and “(2) give priority to those States which, during such previous fiscal year, obtained a significant portion of income from non-Federal sources for their weatherization programs or increased significantly the portion of low-income weatherization assistance that the State obtained from non-Federal sources. “(e)(1)(A) Beginning with fiscal year 1992, the Secretary may allocate, from funds appropriated pursuant to section 422(b), among the States an equal amount for each State not to exceed $100,000 per State. Each State shall make available amounts received under this subsection to provide supplementary financial assistance to recipients of grants under this part that have achieved the best performance during the previous fiscal year in advancing the purposes of this part. “(B) None of the funds made available under this subsection may be used by any State for administrative purposes. “(2) The Secretary shall, after consulting with the State Energy Advisory Board referred to in subsection (a)(1), prescribe guidelines to be used by each State in making available supplementary finan-104 STAT. 1015cial assistance under this subsection, with a priority being given to subgrantees that, by law or through administrative or other executive action, provided non-Federal resources (including private re-sources) to supplement Federal financial assistance under this part during the previous fiscal year.”. (j) Conforming Amendment.—Section 411 of such Act (42 U.S.C. 6861) is amended to read as follows:
“findings and purpose “Sec. 411. (a) The Congress finds that— “(1) a fast, cost-effective, and environmentally sound way to prevent future energy shortages in the United States while reducing the Nation’s dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units; “(2) existing efforts to encourage and facilitate such measures are inadequate because— “(A) many dwellings owned or occupied by low-income persons are energy inefficient; “(B) low-income persons can least afford to make the modifications necessary to provide for efficient energy equipment in such dwellings and otherwise to improve the energy efficiency of such dwellings; “(3) weatherization of such dwellings would lower shelter costs in dwellings owned or occupied by low-income persons as well as save energy and reduce future energy capacity requirements; and “(4) States, through Community Action Agencies established under the Economic Opportunity Act of 1964 and units of general purpose local government, should be encouraged, with Federal financial and technical assistance, to develop and sup-port coordinated weatherization programs designed to alleviate the adverse effects of energy costs on such low-income persons, to supplement other Federal programs serving such low-income persons, and to increase energy efficiency. “(b) It is, therefore, the purpose of this part to develop and implement a weatherization assistance program to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential energy expenditures, and improve their health and safety, especially low-income persons who are particularly vulnerable such as the elderly, the handicapped, and children.”.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) State Plan Program.—Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows: “(f) For the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993.”. (b) Energy Conservation Program for Schools and Hospitals.—Section 397 of the Energy Policy and Conservation Act (42 U.S.C. 637If) is amended to read as follows: 104 STAT. 1016
“authorization of appropriations “Sec. 397. For the purpose of carrying out this part, there are authorized to be appropriated not to exceed $40,000,000 for fiscal year 1991, $50,000,000 for fiscal year 1992, and $60,000,000 for fiscal year 1993.”.
(c) Weatherization Assistance Program.—Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended to read as follows:
“authorization of appropriations “Sec. 422. (a) There are authorized to be appropriated for purposes of carrying out the weatherization program under this part, other than under subsections (d) and (e) of section 415, not to exceed $200,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992, 1993, and 1994. “(b) There are authorized to be appropriated for purposes of carrying out the weatherization program under subsections (d) and (e) of section 415, not to exceed $20,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993 and 1994.”.
Approved October 18, 1990.
LEGISLATIVE HISTORY—S. 247 (H.R. 711): HOUSE REPORTS: No. 102—646 accompanying H.R. 975 (Comm. on Energy and Commerce). SENATE REPORTS: No. 101—235 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990):

Jan. 25, considered and passed Senate.

Oct. 1, H.R. 975 considered and passed House; S. 247, amended, passed in lieu.

Oct. 4, Senate concurred in House amendment.

 A1 SUBJECT INDEX Note: Part 1 contains pages 3–1016; Part 2 contains pages 1017–1388–630; Part 3 contains pages 1389–2352. Part 4 contains pages 2353–3358; Part 5 contains pages 3359–4425; Part 6 contains pages 4426–5440. Each part contains entire Subject, and Individual Indexes. Page Abandoned Mine Reclamation Act of 1990 1388–289 Abortion:  Department of Justice Appropriations Act, 1991 2109  Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1991 2152  District of Columbia Appropriations Act, 1991 2235  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 1983, 1995, 2016  Independent Agencies Appropriations Act, 1991 1424 Act to Prevent Pollution from Ships, amendments 539 Acquired Immunodeficiency Syndrome.  See AIDS. Administrative Conference of the United States, appropriation authorization 910 Administrative Dispute Resolution Act 2736 Administrative Office of the United States Courts Personnel Act of 1990 1097 Admiralty Island National Monument Land Management Act of 1990 468 Advertising, Children’s Television Act of 1990 996 Afghanistan:  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2017  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 54 Africa, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2026 African Development Bank Act, amendments 2034 Age Discrimination Claims Assistance Act of 1988, amendments 1298 Age Discrimination Claims Assistance Amendments of 1990 1298 Age Discrimination in Employment Act of 1967, amendments 978, 2287 Aged:  Discrimination, employee group health plans 2287  Housing assistance 4297  Older Workers Benefit Protection Act 978  Omnibus Budget Reconciliation Act of 1990 1388–219, 250 Agricultural Act of 1949, amendments 1388–1–1388–6, 3374, 3380, 3382, 3400. 3421, 3440, 3441, 3443, 3457, 3475, 3478, 3488, 3490, 3500, 3503, 3506–3509. 3511, 3512, 3520, 3521, 3662, 3702, 3807, 3808, 3932, 3933, 3961 Agricultural Act of 1954, amendments 3689 Agricultural Act of 1956, amendments 3702 Agricultural Act of 1970, amendments 3702 Agricultural Adjustment Act, amendments 3380, 3561 Agricultural Adjustment Act of 1938, amendments 3440, 3459, 3466, 3467, 3474, 3478, 3479 Agricultural and Trade Missions Act, amendments 3663 Agricultural Credit Act of 1987, amendments 3837 Agricultural Development and Trade Act of 1990 3632 Agricultural Marketing Agreement Act of 1937, amendments 3561 Agricultural Program Reporting and Recordkeeping Improvement Act of 1990 4075 Agricultural Promotion Programs Act of 1990 3838 Agricultural Reconciliation Act of 1990 1388 Agricultural Trade, Development, and Assistance Act of 1954, amendments 1388–11, 3633 Agricultural Trade Act of 1978, amendments 3668 Agriculture:  Alternative Agricultural Research and Commercialization Act of 1990 3756  Commodities 3381, 3488, 3559, 3838, 3865, 3870, 3904  Crops 3382, 3400, 3421, 3443, 3457, 3459, 3478, 3881, 3909, 3928, 3951  Farm Poundage Quota Revisions Act of 1990 2856  Farms for the Future Act of 1990 3616  Food, Agriculture, Conservation, and Trade Act of 1990 3359  Good Samaritan Food Donation Act 3183  Marketing quotas, suspension 134  Mickey Leland Food for Peace Act 3633  National Agricultural Weather Information System Act of 1990 3747  Organic Foods Production Act of 1990 3935  Rural Development, Agriculture, and Related Agencies Appropriations Acts 1315  Supplemental food program, WIC, allocation 311 Agriculture and Consumer Protection Act of 1973, amendments 3806, 3807, 3809, 3813 Agriculture and Food Act of 1981, amendments 3380, 3516, 3611, 3663, 3702, 3813, 4073 Agriculture and Water Policy Coordination Act 3622 AIDS:  Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 1991 2209  Foreign Operations. Export Financing and Related Programs Appropriations Act, 1991 2018  Ryan White Comprehensive AIDS Resources Emergency Act of 1990 576 A2  Sex offenders, testing 4851  Vaccine and Immunization Amendments of 1990 1289 AIDS Housing Opportunity Act 4375 Air Pollution. See Environmental Protection. Airport and Airway Improvement Act of 1982, amendments 164, 1388–354–1388–356, 1388–362, 1388–364, 1388–372, 1388–373 Airport and Airway Safety and Capacity Expansion Act of 1987, amendments 1388–370 Airport Noise and Capacitv Act of 1990 1388–378 Airports. See Transportation. Alabama:  Robert S. Vance Federal Building and United States Courthouse, designation 252  Selma to Montgomery National Trail Study Act of 1989 293 Alaska:  Admiralty Island National Monument Land Management Act of 1990 468  Aleutian Trade Act of 1990 2990  Indian Law Enforcement Reform Act 473  Native claims, enrollment 468  Oil spill, recovery provisions 542  Tongas Timber Reform Act 4426  Trans-Alaska Pipeline System Reform Act of 1990 564 Alaska Maritime National Wildlife Refuge, boundary modification 3347 Alaska National Interest Lands Conservation Act, amendments 469, 470, 572 Alaska Native Claims Settlement Act, amendments 471 Aleutian Trade Act of 1990 2990 Aliens. See Immigration. Alternative Agricultural Research and Commercialization Act of 1990 3756 Alzheimer’s Disease. See Diseases. America the Beautiful Act of 1990 3553 American Aid to Poland Act of 1988, amendments 2032 American Conservation and Youth Service Corps Act of 1990 3140 American Legion, membership eligibility 1157 American Samoa, minimum wage requirement, elimination 2871 American University Incorporation Amendments Act of 1990 1160 Americans with Disabilities Act of 1990 327 Amtrak Reauthorization and Improvement Act of 1990 295 Anabolic Steroids Control Act of 1990 4851 Angola, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 72 Animal Disease Control Cooperation Act of 1947, amendments 115 Animal Industry Act, amendments 3733 Animal Welfare Act, amendments 4066 Annuities. See Retirement. Antarctic Protection Act of 1990 2975 Antarctica, environmental protection, call for international treaty 3340 Anti-Drug Abuse Act of 1986, amendments 4859 Anti-Drug Abuse Act of 1988, amendments 1468, 1633, 4205, 4822, 4828, 4853, 4854, 4917 Antigua, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 27 Antiterrorism Act of 1990 2250 Antitrust Amendments Act of 1990 2879 Appalachian Regional Development Act of 1965, amendments 985 Appropriation Acts:  [NOTE: For amendments to previously enacted appropriations acts, see specific titles.]  Commerce Department, 1991 2101  Commerce, Justice, and State Departments, the Judiciary, and related agencies, 1991 2101  Congressional operations. 1991 2254  Continuing, 1991 867, 894, 1030, 1075, 1086  Defense Department. 1991 1856  District of Columbia. 1991 2224  Education Department, 1991 2210  Energy and water development. 1991 2074  Executive Office, 1991 1399  Foreign operations, export financing and related programs, 1991 1979  Health and Human Services Department, 1991 2197  Independent agencies. 1991 1403  Judiciary, 1991 2129  Justice Department, 1991 2109  Labor Department, 1991 2190  Labor. Health and Human Services, and Education Departments, and related agencies, 1991 2190  Legislative Branch, 1991 2254  Military construction, 1991 2240  Postal Service, 1991 1396  Rural development, agriculture, and related agencies 1315  State Department, 1991 2124  Supplemental, 1990 213  Transportation and related agencies. 1991 2155  Treasury Department. 1991 1389  Treasury Department, Postal Service and general Government, 1991 1389  Veterans Affairs and Housing and Urban Development Departments, and independent agencies, 1991 1351 Architectural Works Copyright Protection Act 5133 Arizona:  Gila Box Riparian National Conservation Area, designation 4475  Sunset Crater Volcano National Monument, designation 3222 A3  Tumacacori National Historical Park, establishment 393 Arizona Desert Wilderness Act of 1990 4469 Arizona-Idaho Conservation Act of 1988, amendments 245 Arkansas, Highway 82 Bridge, operation and maintenance 2341 Armed Forces:  Brazil, naval landing ship dock, lease transfer 2804  Coast Guard Omnibus Act of 1990 2983  Dire Emergency Supplemental  Appropriation for Disaster Assistance.  Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990 213  Mailing privileges 737  Pease Air Force Base, NH, property purchase 316  Posthumous Citizenship for Active Duty Service Act of 1989 94  United States Coast Guard Bicentennial Medal Act 122 Armed Forces Retirement Home Act of 1991 1722 Arms and Munitions:  Biological Weapons Anti-Terrorism Act of 1989 201  Gun-Free School Zones Act of 1990 4844  Mandatory Detention for Offenders Convicted of Serious Crimes Act 4829 Arms Export Control Act, amendments 1745, 2019, 2045, 2062 Arts and Artifacts Indemnity Act, amendments 1976 Arts and Humanities:  Indian Arts and Crafts Act of 1990 4662  Visual Artists Rights Act of 1990 5128  Wolf Trap Farm Park, loan 4586 Arts, Humanities and Museums Amendments of 1990 1960 Asbestos School Hazard Abatement Reauthorization Act of 1990 4589 Atomic Energy Act of 1954, amendments 1844, 4833 Atomic Testing Liability Act 1837 Attendant Allowance Adjustment Act 2352 Augustus F. Hawkins Human Services Reauthorization Act of 1990 1222 Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, amendments 208 Aviation. See Transportation. Aviation Safety and Capacity Expansion Act of 1990 1388–353 Aviation Security Improvement Act of 1990 3066 Baca Location No. 1 Land Acquisition and Study Act of 1990 2762 Balanced Budget and Emergency Deficit Control Act of 1985, amendments 1388–574, 1388–608, 1388–615, 1388–619, 1439, 1440 Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, amendments 1388–621 Bankruptcy, swap agreements and forward contracts 267 Banks and Banking:  Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 4859  FDIC Assessment Rate Act of 1990 1388–14  Federal Credit Reform Act of 1990 1388–610  FHA loans 3817  Financial Institutions Anti-Fraud Enforcement Act of 1990 4893  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2032 Barbuda, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 27 Bicentennial of the United States Congress Commemorative Coin Act, amendments 245 Big South Fork National River and Recreation Area, transfer of jurisdiction 2778 Biological Weapons Anti-Terrorism Act of 1989 201 Black Lung Benefits Act, amendments 1447 Boards and Commissions:  Agricultural Science Technology Review Board, establishment 3711  Agriculture Research Facilities Planning and Closure Study Commission, establishment 3775  Alaska Natives Commission, establishment 478  Alternative Agricultural Research and Commercialization Board, establishment 3759  Blackstone River Valley National Heritage Corridor Commission, establishment 1017  Civil War Sites Advisory Commission establishment 4504  Commission on Legal Immigration Reform 5001  Commission on National and Community Service, establishment 3168  De Soto Expedition Trail Commission, establishment 3105  Environment for the Americas Board, establishment 3661  Indian Arts and Crafts Board, powers, expansion 4662  Industrial Advisory Board, establishment 918  Lime Board, establishment 3872 A4  Maine Acadian Culture Preservation Commission, establishment 2389  Mississippi River Study Commission, establishment 856  National Advisory Board on Agricultural Weather, establishment 3749  National Agricultural Research and Extension Users Advisory Board, establishment 3709  National Commission on Financial Institution Reform. Recovery, and Enforcement, establishment 4889  National Commission on Judicial Impeachment, establishment 5124  National Commission on Manufactured Housing, establishment 4413  National Commission on Responsibilities for Financing Postsecondary Education, administrative procedures, clarification 300  National Commission on Wildfire Disasters, establishment 171  National Commission to Support Law Enforcement, establishment 4919  National Organic Standards Board, establishment 3947  National Processor Advertising and Promotion Board, establishment 3916  Pecan Marketing Board, establishment 3841  Petroglyph National Monument Advisory Commission, establishment 277  Preservation of Jazz Advisory Commission, establishment 1209  Presidential Commission on State and Private Forests, establishment 3548  Regional Marine Research Boards, establishment 2964  Rural Partnerships Investment Board, establishment 3984  State Energy Advisory Board, establishment 1009  United Soybean Board, establishment 3882  United States Advisory Commission on Public Diplomacy, establishment 51  Vancouver Historic Study Commission, establishment 2297  White House Conference on Small Business Commission, establishment 886 Bonds. See Securities. Bratislava, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 27 Brazil, Naval landing ship dock, lease transfer 2804 Breast and Cervical Cancer Mortality Prevention Act of 1990 409 Bridges. See Transportation. Brokers and Dealers, Penny Stock Reform Act of 1990 951 Budget:  Federal budget, fiscal years 1991–1995 5163  Omnibus Budget Reconciliation Act of 1990 1388 Budget Enforcement Act 1388–573 Bulgaria, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 76 Burma:  Economic sanctions 653  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 56 Business and Industry:  See also Small Business.  Americans with Disabilities Act of 1990 353  Antitrust Amendments Act of 1990 2879  Buy-American requirement 86  Civic Achievement Award Program, Office of Speaker of the House of Representatives, private sector support 1165  Foreign Direct Investment and International Financial Data Improvements Act of 1990 2344  Gas Related Activities Act of 1990 2810  HOME Investment Partnerships Act 4094  Hotel and Motel Fire Safety Act of 1990 747  Rural Economic Development Act of 1990 3979  Telephone Operator Consumer Services Improvement Act of 1990 986 California:  Calaveras Big Trees National Forest, land conveyance 931  John F. Shea Federal Building, designation 445  Rumsey Indian Rancheria, land conveyance 4531  Smith River National Recreation Area Act 3209  Truckee-Carson-Pyramid Lake Water Rights Settlement Act 3294  Yosemite National Park, commemoration 904 Camp W.G. Williams Land Exchange Act of 1989 4499 Canada:  Customs and Trade Act of 1990 649  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 27  Oil spills, prevention and removal 508 Canals, Rio Grande American Canal Extension Act of 1990 1001 Capitol Police Retirement Act 928 Caribbean Basin Economic Recovery Act, amendments 655–657 Caribbean Basin Economic Recovery Expansion Act of 1990 655 Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 753 Carl D. Perkins Vocational Education Act, amendments 753 Carl D, Perkins Vocational Education and Applied Technology Act, amendments 1142 A5 Carnegie Institute, U.S.S. Requin, title transfer 133 Cash Management Improvement Act of 1990 1058 Cave Research Program, establishment 2859 Census:  Bureau of Economic Analysis, exchange of information 2347  Temporary employees, time limitation 192 Central European Small Business Enterprise Development Commission, establishment 2142 Chatahoochie National Forest, GA, land exchange 2808 Chehalis River Basin Fishery Resources Study and Restoration Act of 1990 1054 Chemicals, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2068 Chesapeake and Ohio Canal Development Act, amendments 292 Chesapeake and Ohio Canal National Historical Park Commission, membership terms 292 Chief Financial Officers Act of 1990 2838 Child Abuse. See Children and youth. Child Abuse Prevention and Treatment Act, amendments 4755 Child Care. See Day Care. Child Care and Development Block Grant Act of 1990 1388–236 Child Development Associate Scholarship Assistance Act of 1985, amendments 1256 Child Nutrition Act of 1966, amendments 311 Child Protection Restoration and Penalties Enhancement Act of 1990 4816 Children and Youth:  See also Day Care.  American Conservation and Youth Service Corps Act of 1990 3140  Augustus F. Hawkins Human Services Reauthorization Act of 1990 1222  Child support enforcement 1388–219  Claude Pepper Young Americans Act of 1990 1263  Departments of Labor. Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991 2209  Education of the Handicapped Act Amendments of 1990 1103  Indian Child Protection and Family Violence Prevention Act 4544  National and Community Service Act of 1990 3127  National Assessment of Chapter 1 Act, 1992 253  National Endowment for Children’s Educational Television Act of 1990 997  Supplemental food program, WIC, allocation 311  Vaccine and Immunization Amendments of 1990 1285  Victims of Child Abuse Act of 1990 4792  White House Conference on Children, Youth, and Families, 1993 1280 Children’s Television Act of 1990 996 China, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 58 Civic Achievement Award Program, Office of the Speaker of the House of Representatives, private sector support 1165 Civil Justice Reform Act of 1990 5089 Civil Rights:  Age discrimination, employee group health plans 2287  Age Discrimination Claims Assistance Amendments of 1990 1298  Americans with Disabilities Act of 1990 327  Developmental Disabilities Assistance and Bill of Rights Act of 1990 1191  Older Workers Benefit Protection Act 978 Civil Service Due Process Amendments 461 Civil War Sites Study Act of 1990 4503 Claims:  Administrative Dispute Resolution Act 2736  Age Discrimination Claims Assistance Amendments of 1990 1298  Alaska natives, enrollment 468  Essential air service compensation 2181  Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 3289  Federal Debt Collection Procedures Act of 1990 4933  Fort Hall Indian Water Rights Act of 1990 3059  Fort McDowell Indian Community Water Rights Settlement Act of 1990 4480  Military Construction Appropriations Act, 1991 2249  Oil Pollution Act of 1990 484  Radiation Exposure Compensation Act 920  Seneca National Settlement Act of 1990 1292  Truckee-Carson-Pyramid Lake Water Rights Settlement Act 3294 Clarks Fork Wild and Scenic River Designation Act of 1990 4509 Classified Information, Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 32 Claude Pepper Young Americans Act of 1990 1263 Clean Air Act, amendments 2399 Coast Guard Omnibus Act of 1990 2983 Coastal Barrier Improvement Act of 1990 2931 Coastal Wetlands Planning, Protection and Restoration Act 4778 Coastal Zone Act Reauthorization Amendments of 1990 1388–299 Coastal Zone Management Act of 1972, amendments 1388–300–1388–303, 1388–307–1388–309, 1388–311–1388–314 Coins. See Currency. Colonial National Historical Park, VA, pipeline easements 2812 A6 Colorado, land exchange 4569 Commerce and Trade:  Aleutian Trade Act of 1990 2990  Alternative Agricultural Research and Commercialization Act of 1990 3756  Americans with Disabilities Act of 1990 353  Anadromous fish products, certificate of origin 4464  Antitrust Amendments Act of 1990 2879  Customs and Trade Act of 1990 629  Customs user fees 1388–385  Fastener Quality Act 2943  Food, Agriculture, Conservation, and Trade Act of 1990 3359  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2006  Hotel and Motel Fire Safety Act of 1990 747  Inter-American Convention, implementation 448  Iraq Sanctions Act of 1990 2047  Urgent Assistance for Democracy in Panama Act of 1990 7 Commission on Management of the Agency for International Development Programs, establishment 2022 Commodity Distribution Reform Act and WIC Amendments of 1987, amendments 3809, 3810, 3811 Communications:  Americans with Disabilities Act of 1990 366  Children’s Television Act of 1990 996  Distance learning and medical link programs 4017  Federal Communications Commission Authorization Act of 1990 848  Legislative Branch Appropriations Act, 1991 2276  National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 3188  Rural Telecommunications Improvements Act of 1990 4038  Telephone Operator Consumer Services Improvement Act of 1990 986  Television Decoder Circuitry Act of 1990 960  Television Program Improvement Act of 1990 5127 Communications Act of 1934, amendments 366, 369, 848, 960, 961, 987, 998, 1000 Community Development:  Cranston-Gonzalez National Affordable Housing Act 4079  Housing programs, extension 866, 1185  National Forest Dependent Rural Communities Economic Diversification Act of 1990 4046  Rural Economic Development Act of 1990 3979 Community Economic Development Act of 1981, amendments 3981 Community Education Employment Center Act of 1990 794 Community Services Block Grant Act, amendments 1251–1255, 3809 Compacts, Delaware-New Jersey Compact Amendments, congressional consent 2785 Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988, amendments 1142 Comprehensive Child Development Centers Act, amendments 1261 Comprehensive Drug Abuse Prevention and Control Act of 1970, amendments 4828 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, amendments 1388–319 Comprehensive Services and Developmental Disabilities Amendments of 1978, amendments 1142 Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 4859 Computer Matching and Privacy Protection Amendments of 1990 1388–334 Computer Software Rental Amendments Act of 1990 5134 Computers. See Science and Technology. Concurrent Resolutions:  American military heroism celebration. Capitol rotunda ceremony 5158  American Soviet Youth Orchestra. Capitol grounds concert 5152  Baha’i faith, Iranian persecution 5155  “Columbus in the Capitol” arts volume, Capitol exhibits 5154  Congress—   Adjournment 5151, 5153, 5155, 5158, 5159, 5162, 5190   Joint session 5151, 5163  Earth Day, Capitol grounds celebration 5154  Enrolled bills, corrections, etc.—   Augustus F. Hawkins Human Services Reauthorization Act of 1990 (H.R. 4151) 5181   Education of the Handicapped Act Amendments of 1990 (S. 1824) 5181   Immigration Act of 1990 (S. 358) 5190   Intelligence Authorization Act, Fiscal Year 1991 (S. 2834) 5184   National Defense Authorization Act for Fiscal Year 1991 (H.R. 4739) 5185   Omnibus Exports Amendments Act of I99O(H.R. 4653) 5187   Patents, inventions in outer space, amendments (S. 459) 5189  Federal budget, fiscal years 1991–1995 5163  Foster Grandparent Program, twenty-fifth anniversary 5161  Friends of the National Arboretum, congressional appreciation 5157 A7  His All Holiness Patriarch Dimitrios, Capitol rotunda ceremony 5161  Lajos Kossuth, bust dedication ceremony 5152  Philo T. Farnsworth, statue presentation ceremony 5153  Publications, printing—   Honorable William D. Ford, portrait presentation 5160   “Our Rag” booklet 5158   “Understanding Congress” bicentennial research conference proceedings 5163   United States Capitol brochure 5162  Special Olympics torch relay, Capitol grounds authorization 5157  Spouse abuse, statutory presumption in child custody litigation 5182  VISTA, twenty-fifth anniversary celebration 5151  Whales, conservation and protection 5159  Wounded Knee Creek Massacre, one-hundredth anniversary commemoration 5183 Congress:  Civic Achievement Award Program, Office of Speaker of the House of Representatives, private sector support 1165  Parchment printing of enrollment, waiver of requirements 1084, 1205  Senate, Photographic and Recording Studio, establishment 2259  Washington Metropolitan Area Transit Regulation Compact, congressional consent 1300 Congressional Award Amendments of 1990 2305 Congressional Budget Act of 1974, amendments 1388–602, 1388–614–1388–620, 1388–622, 1388–623, 1388–625, 1388–626 Congressional Budget and Impoundment Control Act of 1974, amendments 1388–607, 1388–608 Connecticut:  Stewart B. McKinney National Wildlife Refuge, expansion 1028  Weir Farm National Historic Site Establishment Act of 1990 1171 Connecticut Coastal Protection Act of 1990 1028 Conservation:  Admiralty Island National Monument Land Management Act of 1990 468  America the Beautiful Act of 1990 3553  Antarctic Protection Act of 1990 2975  Coastal Barrier Improvement Act of 1990 2931  Coastal Wetlands Planning, Protection and Restoration Act 4778  Coastal Zone Act Reauthorization Amendments of 1990 1388–299  Energy Policy and Conservation Act Amendments of 1990 727  Energy Policy and Conservation Act Extension Amendment of 1990 124  Energy Policy and Conservation Act Short-Term Extension Amendment of 1990 421  Fishery Conservation Amendments of 1990 4436  Food, Agriculture, Conservation, and Trade Act of 1990 3359  Forest Resources Conservation and Shortage Relief Act of 1990 714  Gila Box Riparian National Conservation Area, AZ, designation 4475  Great Lakes Fish and Wildlife Restoration Act of 1990 2370, 4773  Lake Champlain Special Designation Act of 1990 3010  Minnesota Public Lands Improvement Act of 1990 1020  National Indian Forest Resources Management Act 4532  Recycling programs 3544  Red Rock Canyon National Conservation Area Establishment Act of 1990 3342  Smith River National Recreation Area Act 3209  State Energy Efficiency Programs Improvement Act of 1990 1006  Strategic and Critical Minerals Act of 1990 1207  Take Pride in America Act 4502  Water Resources Development Act of 1990 4604  Zuni Land Conservation Act of 1990 1174 Conservation Program Improvements Act 3568 Consolidated Farm and Rural Development Act, amendments 1388–9, 1388–10, 3817, 3979–3981, 4000, 4008, 4010, 4013–4015, 4017, 4022, 4026, 4027, 4034, 4050–4053, 4057, 4065 Consolidated Omnibus Budget Reconciliation Act of 1985, amendments 635, 637–639, 654, 1388–44, 1388–70, 1388–100, 1388–196, 1388–299, 1388–319, 1388–385, 1388–386, 1388–387, 1388–621 Consumer Product Safety Improvement Act of 1990 3110 Consumer Protection:  Fastener Quality Act 2943  Honey Research, Promotion, and Consumer Information Act Amendments of 1990 3904  Lime Research, Promotion, and Consumer Information Act of 1990 3870  Mushroom Promotion, Research, and Consumer Information Act of 1990 3854  Soybean Promotion, Research, and Consumer Information Act 3881  Telephone Operator Consumer Services Improvement Act of 1990 986 Contract Disputes Act of 1978, amendments 1447 Contract Services for Drug Dependent Federal Offenders Act of 1978, amendments 909 A8 Contracts:  Buy-American requirement 86  Food, Agriculture, Conservation, and Trade Act of 1990 3359  Food and Drug Administration Revitalization Act 4583  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 33  Mille Lacs Indian Reservation Lease 4532  Oil and gas leases, reinstatement 2802  Petroleum products and facilities, leasing authority 729  Swap agreements and forward contracts 267  Tongas Timber Reform Act 4426 Controlled Substances Act, amendments 4827–4829, 4833, 4836, 4851, 4852, 4854–4856, 4858, 4932 Controlled Substances Import and Export Act, amendments 4830, 4932 Cooperative Agreements. See Contracts. Cooperative Forestry Assistance Act of 1978, amendments 2072, 3521 Copyright Fees and Technical Amendments Act of 1989 287 Copyright Remedy Clarification Act 2749 Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989 290 Copyrights:  Architectural Works Copyright Protection Act 5133  Computer Software Rental Amendments Act of 1990 5134  Visual Artists Rights Act of 1990 5128 Corporations. See Business and Industry. Cotton Research and Promotion Act, amendments 3909, 3911–3913 Cotton Research and Promotion Act Amendments of 1990 3909 Courts:  Civil Justice Reform Act of 1990 5089  Federal Courts Study Committee Implementation Act of 1990 5104  Federal Judgeship Act of 1990 5098  Judicial Discipline and Removal Reform Act of 1990 5122  Judicial Improvements Act of 1990 5089  National Commission on Judicial Discipline and Removal Act 5124  Victims of Child Abuse Act of 1990 4792 Cranston-Gonzalez National Affordable Housing Act 4079 Credit and Credit Unions. See Banks and Banking. Crime Awareness and Campus Security Act of 1990 2384 Crime Control Act of 1990 4789 Criminal Victims Protection Act of 1990 2865, 4916 Critical Agricultural Materials Act, amendments 3704 Cultural Exchange Programs. See Foreign Relations. Currency:  Korean War Veterans Memorial Thirty-Eighth Anniversary Commemorative Coin Act 1187  Mount Rushmore Commemorative Coin Act 313  Olympic Commemorative Coin Act, 1992 879  Silver Coin Proof Sets Act 2874  United Services Organization’s 50th Anniversary Commemorative Coin Act 875 Customs and Trade Act of 1990 629 Customs and Trade Act of 1990, amendments 1388–386, 1388–390 Customs Procedural Reform and Simplification Act of 1978, amendments 634 Cyprus, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2026 Czechoslovakia, Most Favored Nation treatment, extension 2380 Dairies and Dairy Products:  Fluid Milk Promotion Act of 1990 3914  Food, Agriculture. Conservation, and Trade Act of 1990 3374 Dairy and Tobacco Adjustment Act of 1983, amendments 1388–11 Day Care:  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 38  Library Services and Construction Act Amendments of 1990 104  Virginia child care center, land use 1158 De Soto Expedition Trail Commission Act of 1990 3105 Deaf. See Handicapped. Deceptive Mailings Prevention Act of 1990 2301 Decorations, Medals, Awards:  Congressional Award Amendments of 1990 2305  Laurence Spelman Rockefeller, congressional gold medal 197  Merchant Mariner Memorial Act of 1990 2996  Spark M. Matsunaga Medal of Peace 2284  United States Coast Guard Bicentennial Medal Act 122  Walter B. Jones Excellence in Coastal Zone Management Awards 1388–312 Deepwater Port Act of 1974, amendments 507, 539 Defense Acquisition Workforce Improvement Act 1638 Defense Authorization Amendments and Base Closure and Realignment Act, amendments 1821 Defense Base Closure and Realignment Act of 1990 1808 A9 Defense Dependents’ Education Act of 1978, amendments 1559 Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 1848 Defense Industrial Reserve Act, amendments 1669 Defense Production Act of 1950, amendments 404, 882, 893 Deficit Reduction Act of 1984, amendments 1388–118, 1388–559 Delaware-New Jersey Compact Amendments, congressional consent 2785 Demonstration Cities and Metropolitan Development Act of 1966, amendments 1535 Department of Agriculture Organic Act of 1944, amendments 3715, 4068 Department of Defense Appropriation Authorization Act, 1976, amendments 1672 Department of Defense Appropriations Act, 1988, amendments 220 Department of Defense Appropriations Act, 1989, amendments 220, 1706 Department of Defense Appropriations Act, 1990, amendments 219, 220, 1693, 1704–1708 Department of Defense Authorization Act, 1984, amendments 1586, 1672 Department of Defense Authorization Act, 1985, amendments 1546, 1670 Department of Defense Authorization Act, 1986, amendments 1507, 1580, 1606, 1672, 1665, 1669 Department of Defense Authorization Act, 1987, amendments 1596 Department of Education Organization Act, amendments 840, 1142 Department of Energy Metal Casting Competitiveness Research Act of 1990 915 Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1985, amendments 1837 Department of Energy Organization Act, amendments 1841 Department of Energy Science Education Enhancement Act 1840 Department of Housing and Urban Development Act, amendments 1454, 4420 Department of Housing and Urban Development Reform Act of 1989, amendments 4249, 4393 Department of the Interior and Related Agencies Appropriations Act, 1991, amendments 1915 Department of Transportation and Related Agencies Appropriations Act, 1990, amendments 233, 244 Department of Veterans Affairs Nurse Pay Act of 1990 430 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990, amendments 216, 217, 244, 247, 248 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, amendments 237, 238 Developmental Disabilities Assistance and Bill of Rights Act, amendments 1191 Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, amendments 1142 Developmental Disabilities Assistance and Bill of Rights Act of 1990 1191 Dire Emergency Supplemental Appropriation for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990 213 Disabled. See Handicapped. Disadvantaged:  Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1991 2148  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2039  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 28  Head Start Quality Improvement Act 1224  Head Start Transition Project Act 1238  HOME Investment Partnerships Act 4094 Disadvantaged Minority Health Improvement Act of 1990 2311 Disaster Assistance:  Crops 3958  Dire Emergency Supplemental Appropriation for Disaster Assistance. Food Stamps. Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990 213 Disaster Assistance Act of 1988, amendments 3691 Disaster Assistance Act of 1989, amendments 3958, 3959 Discrimination. See Civil Rights. Diseases, Alzheimer’s Disease, research programs 2767 Displaced Homemakers Self-Sufficiency Assistance Act 2751 District of Columbia:  Blair House, fees and reimbursements 26  George Mason memorial, establishment 419  International Center, fees and reimbursements 26 A10  John F. Kennedy Center for the Performing Arts, maintenance and repair 1050  National Capitol Transportation Amendments of 1990 2733  Washington Metropolitan Area Transit Regulation Compact, congressional consent 1300 District of Columbia Appropriations Act, 1990, amendments 242 District of Columbia Revenue Bond Act of 1990 2309 Dolphin Protection Consumer Informaiton Act 4465 Driftnet Act Amendments of 1990 4441 Drug Abuse Treatment Waiting Period Reduction Amendments of 1990 456 Drug and Alcohol Dependent Offenders Treatment Act of 1989 909 Drug and Household Substance Mailing Act of 1990 1184 Drug-Free School Zones Program, development 4836 Drug-Free Schools and Communities Act of 1986, amendments 4837, 4839–4842 Drugs and Drug Abuse:  Anabolic Steroids Control Act of 1990 4851  Crime Control Act of 1990 4789  Criminal Victims Protection Act of 1990 2865  Federal workplace 1476, 2278, 3167  Food and Drug Administration Revitalization Act 4583  Foreign Operations. Export Financing and Related Programs Appropriations Act, 1991 2024  International Narcotics Control Act of 1990 3350  Library Services and Construction Act Amendments of 1990 105  Marijuana 1346  Public and Assisted Housing Drug Elimination Act of 1990 4245  Safe Medical Devices Act of 1990 4511  Sterile needles 2222  Urgent Assistance for Democracy in Panama Act of 1990 7 Earthquakes, National Earthquake Hazards Reduction Program Reauthorization Act 3231 East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers Addition Act of 1989 260 Economic Recovery Act of 1981, amendments 1388–473 Education:  Asbestos School Hazard Abatement Reauthorization Act of 1990 4589  Augustus F. Hawkins Human Services Reauthorization Act of 1990 1222  Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 753  Community Education Employment Center Act of 1990 794  Crime Awareness and Campus Security Act of 1990 2384  Excellence in Mathematics, Science and Engineering Education Act of 1990 2881  Food, Agriculture, Conservation, and Trade Act of 1990 3543  Head Start Quality Improvement Act 1224  Head Start Transition Project Act 1238  Indian Self-Determination and Education Assistance Act Amendments of 1990 4665  Library Services and Construction Act Amendments of 1990 104  National and Community Service Act of 1990 3127  National Assessment of Chapter 1 Act, 1992 253  National Commission on Responsibilities for Financing Postsecondary Education, administrative procedures, clarification 300  National Environmental Education Act 3325  Navajo Community College, inventory and repairs 1153  Office of Correctional Education Act of 1990 840  School demonstration programs, extension. 96  School Dropout Prevention and Basic Skills Improvement Act of 1990 3042  Serve-America: The Community Service. Schools and Service-Learning Act of 1990 3132  Stewart B. McKinney Homeless Assistance Amendments Act of 1990 4734  Student Loan Default Prevention Initiative Act of 1990 1388–25  Student Right-To-Know Act 2381  Student Right-To-Know and Campus Security Act 2381  Tech-Prep Education Act 788  Tribally controlled community colleges, funding 1152  Tribally Controlled Vocational Institutions Support Act of 1990 799 Education Amendments of 1978, amendments 207, 208 Education Amendments of 1988, amendmets 208 Education for All Handicapped Children Act of 1975, amendments 1142 Education for the Deaf Act of 1986, amendments 1142 Education of the Handicapped Act, amendments 1103 Education of the Handicapped Act Amendments of 1990 1103 Educational Agencies Financial Aid Act, amendments 255–257, 259, 1151 A11 Egypt, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2057 Eisenhower Exchange Fellowship Act of 1990 1063 El Salvador, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 2009, 2017, 2057 Elementary and Secondary Education Act of 1965, amendments 1142 Embezzlement. See Law Enforcement and Crime. Emergency Agricultural Credit Adjustment Act of 1978, amendments 3837 Emergency Low Income Housing Preservation Act of 1987, amendments 866, 1185, 4249 Emergency shelters, Indians, funding 137 Employee Housing Trust Funds, collective bargaining, agreements 138 Employee Retirement Income Security Act of 1974, amendments 1388–565, 1388–566, 1388–571–1388–573 Enchanted National Forest Information and Education Study 2858 Energy:  Department of Energy Metal Casting Competitiveness Research Act of 1990 915  Gas Related Activities Act of 1990 2810  Great Lakes Oil Pollution Research and Development Act 4788  Navigational safety and vessel-pipeline collisions 3038  Oil and gas leases, reinstatement 2797, 2802  Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990 2834  State Energy Efficiency Programs Improvement Act of 1990 1006 Energy Conservation and Production Act, amendments 1012, 1016 Energy Policy and Conservation Act Amendments of 1990 727 Energy Policy and Conservation Act Amendments of 1990, technical correction 2398 Energy Policy and Conservation Act Extension Amendment of 1990 124 Energy Policy and Conservation Act Short-Term Extension Amendment of 1990 421 Energy Policy and Conservation Act, amendments 421, 727–729, 734, 735, 1006 Environmental Protection:  Airport Noise and Capacity Act of 1990 1388–378  Antarctic Protection Act of 1990 2975  Antarctica, call for international treaty 3340  Cleanup activities, surety bonds 2872  East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers Addition Act of 1989 260  Florida Keys National Marine Sanctuary and Protection Act 3089  Global Change Research Act of 1990 3096  Global wanning 2013  Great Lakes Critical Programs Act of 1990 3000  Great Lakes Oil Pollution Research and Development Act 2375  Indian Environmental Regulatory Enhancement Act of 1990 883  International Forestry Cooperation Act of 1990 2070  National Environmental Education Act 3325  National Indian Forest Resources Management Act 4532  Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 4761  Oil Pollution Act of 1990 484  Pollution Prevention Act of 1990 1388–321  Pollution Prosecution Act of 1990 2962  Tongas Timber Reform Act 4426 Environmental Research Geographic Location Information Act 3287 Ethics in Government Act Amendment of 1990 318 Ethics in Government Act of 1978, amendments 152–155, 157, 161, 318 Ethics Reform Act of 1989, amendments 149, 1720 European Bank for Reconstruction and Development Act 2034 Excellence in Mathematics, Science and Engineering Education Act of 1990 2881 Executive Exchange Program, extension 902 Expedited Funds Availability Act, amendments 4424 Export Administration Act of 1979, amendments 1739, 1741 Export-Import Bank Act of 1945, amendments 2032, 2036, 2037 Exports:  Anadromous Fish products, certificate of origin 4464  Customs and Trade Act of 1990 629  Food, Agriculture. Conservation, and Trade Act of 1990 3359  Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 1979 Fair Labor Standards Act of 1938, amendments 1388–29 Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 3289 Family Planning, Foreign Operations, Export Financing and Related Programs Appropriations Act, 1991 1983, 1988, 2016 Family Resource Act 1278 A12 Family Support Act of 1988, amendments 1388–196, 1388–221, 1388–232 Farm Credit Act of 1971, amendments 3832, 4013 Farm Poundage Quota Revisions Act of 1990 2856 Farmland Protection Policy Act, amendments 4066 Farms for the Future Act of 1990 3616 Fascell Fellowship Act, amendments 1065, 1066 Fascell Fellowship Amendments Act of 1990 1065 Fastener Quality Act 2943 FDIC Assessment Rate Act of 1990 1388–14 Federal Aviation Act of 1958, amendments 164, 451, 1388–357, 1388–363, 1388–365, 1388–370, 1388–371, 1388–373, 1388–376–1388–378 Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1990 1388–372 Federal Buildings and Facilities:  Aleda E. Lutz Department of Veterans Affairs Medical Center, designation 443  Alexander Hamilton United States Custom House, NY, designation 1068  Alternative Agricultural Research and Commercialization Center, establishment 3757  Arthur V. Watkins Post Office Building, UT, designation 2395  Blair House. DC, fees and reimbursements 26  Clark R. Bavin National Fish and Wildlife Forensics Laboratory, OR, designation 2955  Claude Pepper Federal Building, FL, designation 1049  Enterprise for the Americas Facility, establishment 3658  Frank E. Moss United States Courthouse, UT, designation 121  Homer Thomberry Judicial Building. TX, designation 147  Indian Child Resource and Family Services Center, establishment 4552  International Center. DC, fees and reimbursements 26  J. Kenneth Robinson Postal Building, VA, designation 3037  J. Will Robinson Federal Building. UT, designation 2774  John F. Shea Federal Building. CA, designation 445  M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building, TX, designation 184  Melvin Price Federal Building and United States Courthouse, IL, designation 200  National Agricultural Library, establishment 3714  Page National Rural Information Center Clearinghouse, establishment 4049  Ralph H. Johnson Department of Veterans Affairs Medical Center. SC, designation 1178  Robert McClory Post Office Building, IL, designation 2394  Robert S. Vance Federal Building and United States Courthouse, AL, designation 252  Rock Art Research Center. NM. establishment 276  Samuel S. Stratton Department of Veterans Affairs Medical Center, NY. designation 1069  Semiarid Agroforestry Research, Development, and Demonstration Center, NE, establishment 3546  Silvio O. Conte Anadromous Fish Research Center, MA. designation 2954  Southern Forest Regeneration Center, establishment 3545  Spark M. Matsunaga Department of Veterans Affairs Medical Center, HI, designation 1177  Virginia D. Smith Animal Health Research Laboratory. NE, designation 408 Federal Civil Penalties Inflation Adjustment Act of 1990 890 Federal Communications Commission Authorization Act of 1988, amendments 849, 850 Federal Communications Commission Authorization Act of 1990 848 Federal Courts Study Committee Implementation Act of 1990 5104 Federal Credit Reform Act of 1990 1388–610 Federal Credit Union Act, amendments 4864, 4870, 4876, 4878, 4881–1883, 4887, 4888 Federal Crop Insurance Act, amendments 3951, 3954, 3955, 3957, 3958 Federal Debt Collection Procedures Act of 1990 4933 Federal Deposit Insurance Act, amendments 975, 1388–14–1388–16, 4860, 4863, 4864, 4868, 4875, 4877, 4880, 4882, 4886, 4887, 4903, 4908 Federal Election Campaign Act of 1971, amendments 161 Federal Employees Pay Comparability Act of 1990 1427 Federal Energy Regulatory Commission Member Term Act of 1990 135 Federal Fire Prevention and Control Act of 1974, amendments 747 Federal Food, Drug, and Cosmetic Act, amendments 1289, 4853 Federal Home Loan Bank Act, amendments 4323, 4395, 4876, 4885 Federal Insecticide, Fungicide, and Rodenticide Act, amendments 3628–3630 Federal Judgeship Act of 1990 5098 A13 Federal Land Policy and Management Act of 1976, amendments 175 Federal Law Enforcement Pay Reform Act of 1990 1465 Federal Maritime Commission Authorization Act of 1990 2979 Federal Mine Safety and Health Act of 1977, amendments 1388–29 Federal National Mortgage Association Charter Act, amendments 4147 Federal Noxious Weed Act of 1974, amendments 3611 Federal Pay Comparability Act of 1970, amendments 1440 Federal Property and Administrative Services Act of 1949, amendments 1592, 1786 Federal Water Pollution Control Act, amendments 507, 523, 525, 527, 532, 533, 537, 540, 541 Fellowships and Scholarships:  Fascell Fellowship Amendments Act of 1990 1065  Food and agricultural sciences education 3717  Graduate fellowships and traineeships 2895  National Health Service Corps Revitalization Amendments of 1990 3021  Science scholarships 2900 Films, “Long Journey Home”, distribution 49 Financial Institutions. See Banks and Banking. Financial Institutions Anti-Fraud Enforcement Act of 1990 4893 Financial Institutions Reform, Recovery, and Enforcement Act of 1989,s amendments 4882 4893, 4908 Financial Management, Chief Financial Officers Act of 1990 2838 Fire Safe Cigarette Act of 1990 405 Firearms. See Arms and Munitions. Firefighters’ Safety Study Act 1045 Fires and Fire Prevention:  Hotel and Motel Fire Safety Act of 1990 747  National Forest Foundation Act 2969  Wildfire Disaster Recovery Act of 1989 171 Fish and Wildlife:  Anadromous fish products, certificate of origin 4464  Chehalis River Basin Fishery Resources Study and Restoration Act of 1990 1054  Fish hatchery, SC, conveyance 2954  Forest and Stewardship Act of 1990 3521  Great Lakes Fish and Wildlife Restoration Act of 1990 2370, 4773  National Fish and Wildlife Foundation Establishment Act Amendments of 1990 2959  New England Fishery Resources Restoration Act of 1990 2960  Tongas Timber Reform Act 4426 Fishery Conservation Amendments of 1990 4436 Flood Control. See Conservation. Florida:  Claude Pepper Federal Building, designation 1049  St. Marys River, study 428 Florida Keys National Marine Sanctuary and Protection Act 3089 Fluid Milk Promotion Act of 1990 3914 Follow Through Act, amendments 1243–1248 Food. See Agriculture. Food, Agriculture, Conservation, and Trade Act of 1990 3359 Food, Agriculture, Conservation, and Trade Act of 1990, amendments 1388–11, 1388–12 Food and Agriculture Act of 1962, amendments 3515 Food and Agriculture Act of 1977, amendments 3515, 3704, 3705, 3714, 3716, 3719, 3720, 3724, 3728 Food and Drug Administration Revitalization Act 4583 Food for Peace Act of 1966, amendments 3702 Food for Progress Act of 1985, amendments 3663 Food Security Act of 1985, amendments 1388–11, 3380, 3419, 3488, 3497–3499, 3503, 3515, 3516, 3521, 3569–3573, 3576, 3577, 3579–3584, 3590, 3597, 3601–3607, 3702, 3704, 3734, 3814, 4828 Food Security Wheat Reserve Act of 1980, amendments 3515, 3663 Food Stamp Act of 1977, amendments 3783 Food Stamps, Mickey Leland Memorial Domestic Hunger Relief Act 3783 Foreign Affairs:  Immigration Act of 1990 4978  International fishery agreements 4439 Foreign Assistance Act of 1961, amendments 224, 1669, 1990, 1997, 1998, 2001, 2015, 2026, 2031, 2042, 2044, 2056, 2057, 2060, 2061, 2066 Foreign Direct Investment and International Financial Data Improvements Act of 1990 2344 Foreign Earned Income Act of 1978, amendments 1388–560 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, amendments 1996, 5084 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, amendments 1996, 2041 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, amendments 223, 228, 2020, 2063 Foreign Relations:  Antarctic Protection Act of 1990 2975  Antarctica, environmental protection, call for international treaty 3340 A14  Biological Weapons Anti-Terrorism Act of 1989 201  Exchange program 3186  International Cooperation in Global Change Research Act of 1990 3102  International Narcotics Control Act of 1990 3350  International Red Cross 68  Oil Pollution Act of 1990 507  Rural Development, Agriculture, and Related Agencies Appropriations Acts 1342  Securities Acts Amendments of 1990 2713 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, amendments 5084 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 15 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, amendments 247 Foreign Service Act of 1980, amendments 1439, 2055, 2056 Foreign Trade Zones Act, amendments 706, 710 Forest and Rangeland Renewable Resources Planning Act of 1974, amendments 4061 Forest and Rangeland Renewable Resources Research Act of 1978, amendments 2072, 3544, 3553 Forest and Stewardship Act of 1990 3521 Forest Resources Conservation and Shortage Relief Act of 1990 714 Forests and Forest Products:  International Forestry Cooperation Act of 1990 2070  National Forest Dependent Rural Communities Economic Diversification Act of 1990 4046  National Indian Forest Resources Management Act 4532  Wildfire Disaster Recovery Act of 1989 171 Fort Hall Indian Water Rights Act of 1990 3059 Fort McDowell Indian Community Water Rights Settlement Act of 1990 4480 Fraud, Securities Enforcement Remedies and Penny Stock Reform Act of 1990 931 Fruits and Vegetables. See Agriculture. Full Employment and Balanced Growth Act of 1978, amendments 1388–609 Gas Related Activities Act of 1990 2810 Georgia:  Chatahoochie National Forest, land exchange 2808  St. Marys River, study 428 Global Change Research Act of 1990 3096 Global Climate Change Prevention Act of 1990 4058 Global Warming. See Environmental Protection. Goldwater-Nichols Department of Defense Reorganization Act of 1986, amendments 1673 Good Samaritan Food Donation Act 3183 Government Employees:  Administrative Office of the United States Courts Personnel Act of 1990 1097  Capitol Police Retirement Act 928  Civil and Postal Service programs 1388–327  Civil Service Due Process Amendments 461  Department of Veterans Affairs Nurse Pay Act of 1990 430  Executive Exchange Program, extension 902  Federal Energy Regulatory Commission Member Term Act of 1990 135  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 22  Health benefits, direct payments 250  National Zoological Park police, pay increase 125  Physicians, comparability allowances, reauthorization 908  Portability of Benefits for Nonappropriate Fund Employees Act of 1990 1388–335  Thrift Savings Plan Technical Amendments Act of 1990 319 Government Organization:  Administration on Children, Youth, and Families, establishment 1263  Administrative Dispute Resolution Act 2736  Agricultural Weather Office, establishment 3748  Chief Financial Officers Act of 1990 2838  Department of Agriculture, reorganization 3979  Foreign Agricultural Service, establishment 3686  Great Lakes Coordination Office, establishment 2374, 4777  Lower Great Lakes Fishery Resources Office, establishment 2374, 4777  National Center for Medical Rehabilitation Research, establishment 3227  National Telecommunications and Information Administration, appropriation authorization 2758  Negotiated Rulemaking Act of 1990 4969  Office of Agricultural Environmental Quality, establishment 3619  Office of Environmental Education, establishment 3327  Office of International Forestry, establishment 4060  Office of International Relations, establishment 4525  Office of Minority Health, establishment 2312  Office of Rural Affairs, establishment 2827  Upper Great Lakes Fishery Resources Office, establishment 2374, 4777  Veterans Health Services, Administrative reorganization 271 A15 Grain Quality Incentives Act of 1990 3928 Grants:  Augustus F. Hawkins Human Services Reauthorization Act of 1990 1222  Breast and Cervical Cancer Mortality Prevention Act of 1990 409  Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 753  Coastal Wetlands Planning, Protection and Restoration Act 4785  Cranston-Gonzalez National Affordable Housing Act 4079  Crime Control Act of 1990 4789  Departments of Commerce, Justice, and State, the Judiciary and Related  Agencies Appropriations Act, 1991 2101  Disadvantaged Minority Health Improvement Act of 1990 2311  Displaced Homemakers Self-Sufficiency Assistance Act 2751  Drug Abuse Treatment Waiting Period Reduction Amendments of 1990 456  Education of the Handicapped Act Amendments of 1990 1103  Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 42  Forest and Stewardship Act of 1990 3543  Indian Environmental Regulatory Enhancement Act of 1990 883  Library Services and Construction Act Amendments of 1990 101  Mental Health Amendments of 1990 4600  National and Community Service Act of 1990 3129  National Endowment for Children’s Educational Television Act of 1990 997  National Health Service Corps Revitalization Amendments of 1990 3013  Omnibus Budget Reconciliation Act of 1990 1388–138  Ryan White Comprehensive AIDS Resources Emergency Act of 1990 576  Stewart B. McKinney Homeless Assistance Amendments Act of 1990 4726, 4739  Tuberculosis Prevention Amendments of 1990 446  Year 2000 Health Objectives Planning Act 2867 Graves, Native American Graves Protection and Repatriation Act 3048 Great Lakes Critical Programs Act of 1990 3000 Great Lakes Fish and Wildlife Restoration Act of 1990 2370, 4773 Great Lakes Oil Pollution Research and Development Act 2375, 4788 Gun-Free School Zones Act of 1990 4844 Handicapped:  Americans with Disabilities Act of 1990 327  Developmental Disabilities Assistance and Bill of Rights Act of 1990 1191  Educat