§ 9611. Uses of Fund

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Comprehensive Environmental Response, Compensation, and Liability Act of 1980

   Pub. L. 96–510 title I § 111 · 94 Stat. 2767

   Enacted · 42 U.S.C. § 9611

   Pub. L. 96–510, title I, § 111, Dec. 11, 1980, 94 Stat. 2788

   Source evidence

   Code source credit
   Pub. L. 96–510, title I, § 111, Dec. 11, 1980, 94 Stat. 2788

   Enacted provision · exact public law section
   Sec. 111. uses of fund (a) The President shall use the money in the Fund for the following purposes: (1) payment of governmental response costs incurred pursuant to section 104 of this title, including costs incurred pursuant to the Intervention on the High Seas Act; 33 USC 1471 note. (2) payment of any claim for necessary response costs incurred by any other person as a result of carrying out the national contingency plan established under section 311(c) of the Clean Water Act and amended by section 105 of this title: Provided, however, 33 USC 1321. That such costs must be approved under said plan and certified by the responsible Federal official; (3) payment of any claim authorized by subsection (b) of this section and finally decided pursuant to section 112 of this title, including those costs set out in subsection 112(c)(3) of this title; and (4) payment of costs specified under subsection (c) of this section. The President shall not pay for any administrative costs or expenses out of the Fund unless such costs and expenses are reasonably necessary for and incidental to the implementation of this title. (b) Claims asserted and compensable but unsatisfied under provisions of section 311 of the Clean Water Act, which are modified by section 304 of this Act may be asserted against the Fund under this Post, p. 2809. title; and other claims resulting from a release or threat of release of a hazardous substance from a vessel or a facility may be asserted against the Fund under this title for injury to, or destruction or loss of, natural resources, including cost for damage assessment: Provided, however, That any such claim may be asserted only by the President, as trustee, for natural resources over which the United States has sovereign rights, or natural resources within the territory or the fishery conservation zone of the United States to the extent they are managed or protected by the United States, or by any State for natural resources within the boundary of that State belonging to, managed by, controlled by, or appertaining to the State. (c) Uses of the Fund under subsection (a) of this section include— (1) the costs of assessing both short-term and long-term injury to, destruction of, or loss of any natural resources resulting from a release of a hazardous substance; (2) the costs of Federal or State efforts in the restoration, rehabilitation, or replacement or acquiring the equivalent of any natural resources injured, destroyed, or lost as a result of a release of a hazardous substance; (3) subject to such amounts as are provided in appropriation Acts, the costs of a program to identify, investigate, and take enforcement and abatement action against releases of hazardous substances; (4) the costs of epidemiologic studies, development and maintenance of a registry of persons exposed to hazardous substances to allow long-term health effect studies, and diagnostic services not otherwise available to determine whether persons in populations exposed to hazardous substances in connection with a release or a suspected release are suffering from long-latency diseases; (5) subject to such amounts as are provided in appropriation Acts, the costs of providing equipment and similar overhead, related to the purposes of this Act and section 311 of the Clean Water Act, and needed to supplement equipment and services available through contractors or other non-Federal entities, and of establishing and maintaining damage assessment capability, for any Federal agency involved in strike forces, emergency task forces, or other response teams under the national contingency plan; and (6) subject to such amounts as are provided in appropriation Acts, the costs of a program to protect the health and safety of employees involved in response to hazardous substance releases. Such program shall be developed jointly by the Environmental Protection Agency, the Occupational Safety and Health Administration, and the National Institute for Occupational Safety and Health and shall include, but not be limited to, measures for identifying and assessing hazards to which persons engaged in removal, remedy, or other response to hazardous substances may be exposed, methods to protect workers from such hazards, and necessary regulatory and enforcement measures to assure adequate protection of such employees. (d) (1) No money in the Fund may be used under subsection (c) (1) and (2) of this section, nor for the payment of any claim under subsection (b) of this section, where the injury, destruction, or loss of natural resources and the release of a hazardous substance from which such damages resulted have occurred wholly before the enactment of this Act. (2) No money in the Fund may be used for the payment of any claim under subsection (b) of this section where such expenses are associated with injury or loss resulting from long-term exposure to ambient concentrations of air pollutants from multiple or diffuse sources. (e) (1) Claims against or presented to the Fund shall not be valid or paid in excess of the total money in the Fund at any one time. Such claims become valid only when additional money is collected, appropriated, or otherwise added to the Fund. Should the total claims outstanding at any time exceed the current balance of the Fund, the President shall pay such claims, to the extent authorized under this section, in full in the order in which they were finally determined. (2) In any fiscal year, 85 percent of the money credited to the Fund under title II of this Act shall be available only for the purposes specified in paragraphs (1), (2), and (4) of subsection (a) of this section. (3) No money in the Fund shall be available for remedial action, other than actions specified in subsection (c) of this section, with respect to federally owned facilities. (4) Paragraphs (1) and (4) of subsection (a) of this section shall in the aggregate be subject to such amounts as are provided in appropriation Acts. (f) The President is authorized to promulgate regulations designating one or more Federal officials who may obligate money in the Fund in accordance with this section or portions thereof. The President is also authorized to delegate authority to obligate money in the Fund or to settle claims to officials of a State operating under a contract or cooperative agreement with the Federal Government pursuant to section 104(d) of this title. (g) The President shall provide for the promulgation of rules and regulations with respect to the notice to be provided to potential injured parties by an owner and operator of any vessel, or facility from which a hazardous substance has been released. Such rules and regulations shall consider the scope and form of the notice which would be appropriate to carry out the purposes of this title. Upon promulgation of such rules and regulations, the owner and operator of any vessel or facility from which a hazardous substance has been released shall provide notice in accordance with such rules and regulations. With respect to releases from public vessels, the President shall provide such notification as is appropriate to potential injured parties. Until the promulgation of such rules and regulations, the owner and operator of any vessel or facility from which a hazardous substance has been released shall provide reasonable notice to potential injured parties by publication in local newspapers serving the affected area. (h) (1) In accordance with regulations promulgated under section 301(c) of this Act, damages for injury to, destruction of, or loss of natural resources resulting from a release of a hazardous substance, for the purposes of this Act and section 311(f) (4) and (5) of the Federal Water Pollution Control Act, shall be assessed by Federal officials 33 USC 1321. designated by the President under the national contingency plan published under section 105 of the Act, and such officials shall act for the President as trustee under this section and section 311(f)(5) of the Federal Water Pollution Control Act. (2) Any determination or assessment of damages for injury to, destruction of, or loss of natural resources for the purposes of this Act and section 311(f) (4) and (5) of the Federal Water Pollution Control Act shall have the force and effect of a rebuttable presumption on behalf of any claimant (including a trustee under section 107 of this Act or a Federal agency) in any judicial or adjudicatory administrative proceeding under this Act or section 311 of the Federal Water Pollution Control Act. (i) Except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce any continuing danger to natural resources or similar need for emergency action, funds may not be used under this Act for the restoration, rehabilitation, or replacement or acquisition of the equivalent of any natural resources until a plan for the use of such funds for such purposes has been developed and adopted by affected Federal agencies and the Governor or Governors of any State having sustained damage to natural resources within its borders, belonging to, managed by or appertaining to such State, after adequate public notice and opportunity for hearing and consideration of all public comment. (j) The President shall use the money in the Post-closure Liability Fund for any of the purposes specified in subsection (a) of this section with respect to a hazardous waste disposal facility for which liability has transferred to such fund under section 107(k) of this Act, and, in addition, for payment of any claim or appropriate request for costs of response, damages, or other compensation for injury or loss under section 107 of this Act or any other State or Federal law, resulting from a release of a hazardous substance from such a facility. (k) The Inspector General of each department or agency to which responsibility to obligate money in the Fund is delegated shall Report to Congress provide an audit review team to audit all payments, obligations, reimbursements, or other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. Each such Inspector General shall submit to the Congress an interim report one year after the establishment of the Fund and a final report two years after the establishment of the Fund. Each such Inspector General shall thereafter provide such auditing of the Fund as is appropriate. Each Federal agency shall cooperate with the Inspector General in carrying out this subsection. (l) To the extent that the provisions of this Act permit, a foreign claimant may assert a claim to the same extent that a United States claimant may assert a claim if— (1) the release of a hazardous substance occurred (A) in the navigable waters or (B) in or on the territorial sea or adjacent shoreline of a foreign country of which the claimant is a resident; (2) the claimant is not otherwise compensated for his loss; (3) the hazardous substance was released from a facility or from a vessel located adjacent to or within the navigable waters or was discharged in connection with activities conducted under the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.); and (4) recovery is authorized by a treaty or an executive agreement between the United States and foreign country involved, or if the Secretary of State, in consultation with the Attorney General and other appropriate officials, certifies that such country provides a comparable remedy for United States claimants.

2. 1986

   Pub. L. 99–499 § 111(a) · 100 Stat. 1642

   1. Inserted · 42 U.S.C. § 9611(a)

      Pub. L. 99–499, § 111(a), (b), inserted heading and “For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period beginning on October 17, 1986, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund).” in introductory provisions

   2. Substituted · 42 U.S.C. § 9611(a)

      Pub. L. 99–499, § 111(a), (b), substituted “Payment” for “payment” in pars. (1) to (4), a period for a semicolon in pars. (1) and (2), and a period for “; and” in par. (3)

   3. Added · 42 U.S.C. § 9611(a)

      Pub. L. 99–499, § 111(a), (b), added pars. (5) and (6)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–499, § 111(a), (b), inserted heading and “For the purposes specified in this section there is authorized to be appropriated from the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 not more than $8,500,000,000 for the 5-year period beginning on October 17, 1986, and such sums shall remain available until expended. The preceding sentence constitutes a specific authorization for the funds appropriated under title II of Public Law 99-160 (relating to payment to the Hazardous Substances Trust Fund).” in introductory provisions, substituted “Payment” for “payment” in pars. (1) to (4), a period for a semicolon in pars. (1) and (2), and a period for “; and” in par. (3), and added pars. (5) and (6).

3. 1986

   Pub. L. 99–499 title I § 111 · 100 Stat. 1642

   1. Amended · 42 U.S.C. § 9611(b)

      Pub. L. 99–499, §§ 111(c)(1), 207(d)(1), designated existing provisions as par. (1)

   2. Inserted · 42 U.S.C. § 9611(b)

      Pub. L. 99–499, §§ 111(c)(1), 207(d)(1), inserted “, or by any Indian tribe or by the United States acting on behalf of any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation” in par. (1)

   3. Added · 42 U.S.C. § 9611(b)

      Pub. L. 99–499, §§ 111(c)(1), 207(d)(1), added par. (2)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–499, §§ 111(c)(1), 207(d)(1), designated existing provisions as par. (1), inserted “, or by any Indian tribe or by the United States acting on behalf of any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation” in par. (1), and added par. (2).

4. 1986

   Pub. L. 99–499 title I § 111 · 100 Stat. 1642

   1. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted “The” for “the”

   2. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted a period for the semicolon at end, in par. (2)

   3. Inserted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), inserted “or Indian tribe”

   4. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted a period for the semicolon at end, in par. (3)

   5. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted “Subject” for “subject”

   6. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted a period for the semicolon at end, in par. (4)

   7. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted “Any costs incurred in accordance with subsection (m) of this section (relating to ATSDR) and section 9604(i) of this title, including the costs of epidemiologic and laboratory studies, health assessments, preparation of toxicologic profiles” for “the costs of epidemiologic studies”

   8. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted a period for the semicolon at end, in par. (5)

   9. Substituted · 42 U.S.C. § 9611(c)

      Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted a period for “; and”, in pars. (5) and (6)

   10. Added · 42 U.S.C. § 9611(c)

       Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), added pars. (7) to (14)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–499, §§ 111(d), 207(d)(2), in par. (1), substituted “The” for “the” and substituted a period for the semicolon at end, in par. (2), substituted “The” for “the”, inserted “or Indian tribe” and substituted a period for the semicolon at end, in par. (3), substituted “Subject” for “subject” and substituted a period for the semicolon at end, in par. (4), substituted “Any costs incurred in accordance with subsection (m) of this section (relating to ATSDR) and section 9604(i) of this title, including the costs of epidemiologic and laboratory studies, health assessments, preparation of toxicologic profiles” for “the costs of epidemiologic studies” and substituted a period for the semicolon at end, in par. (5), substituted a period for “; and”, in pars. (5) and (6), substituted “Subject” for “subject”, and added pars. (7) to (14).

5. 1986

   Pub. L. 99–499 § 111(e) · 100 Stat. 1642

   Inserted · 42 U.S.C. § 9611(e)(2)

   Pub. L. 99–499, § 111(e), inserted at end “No money in the Fund may be used for the payment of any claim under subsection (a)(3) or subsection (b) of this section in any fiscal year for which the President determines that all of the Fund is needed for response to threats to public health from releases or threatened releases of hazardous substances.”

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 99–499, § 111(e), inserted at end “No money in the Fund may be used for the payment of any claim under subsection (a)(3) or subsection (b) of this section in any fiscal year for which the President determines that all of the Fund is needed for response to threats to public health from releases or threatened releases of hazardous substances.”

6. 1986

   Pub. L. 99–499 § 111(f) · 100 Stat. 1642

   Inserted · 42 U.S.C. § 9611(e)(3)

   Pub. L. 99–499, § 111(f), inserted before the period at end “; except that money in the Fund shall be available for the provision of alternative water supplies (including the reimbursement of costs incurred by a municipality) in any case involving groundwater contamination outside the boundaries of a federally owned facility in which the federally owned facility is not the only potentially responsible party”

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 99–499, § 111(f), inserted before the period at end “; except that money in the Fund shall be available for the provision of alternative water supplies (including the reimbursement of costs incurred by a municipality) in any case involving groundwater contamination outside the boundaries of a federally owned facility in which the federally owned facility is not the only potentially responsible party”.

7. 1986

   Pub. L. 99–499 § 207(d)(3) · 100 Stat. 1642

   Inserted · 42 U.S.C. § 9611(f)

   Pub. L. 99–499, § 207(d)(3), inserted “or Indian tribe”

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–499, § 207(d)(3), inserted “or Indian tribe”.

8. 1986

   Pub. L. 99–499 § 111(c)(2) · 100 Stat. 1642

   Struck · 42 U.S.C. § 9611(h)

   Pub. L. 99–499, § 111(c)(2), struck out subsec. (h) which read as follows:

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 99–499, § 111(c)(2), struck out subsec. (h) which read as follows:

   “(1) In accordance with regulations promulgated under section 9651(c) of this title, damages for injury to, destruction of, or loss of natural resources resulting from a release of a hazardous substance, for the purposes of this chapter and section 1321(f)(4) and (5) of title 33, shall be assessed by Federal officials designated by the President under the national contingency plan published under section 9605 of this title, and such officials shall act for the President as trustee under this section and section 1321(f)(5) of title 33. “(2) Any determination or assessment of damages for injury to, destruction of, or loss of natural resources for the purposes of this chapter and section 1321(f)(4) and (5) of title 33 shall have the force and effect of a rebuttable presumption on behalf of any claimant (including a trustee under section 9607 of this title or a Federal agency) in any judicial or adjudicatory administrative proceeding under this chapter or section 1321 of title 33.”

9. 1986

   Pub. L. 99–499 § 207(d)(4) · 100 Stat. 1642

   Inserted · 42 U.S.C. § 9611(i)

   Pub. L. 99–499, § 207(d)(4), inserted “and by the governing body of any Indian tribe having sustained damage to natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation,” after “State,”

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 99–499, § 207(d)(4), inserted “and by the governing body of any Indian tribe having sustained damage to natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation,” after “State,”.

10. 1986

    Pub. L. 99–499 § 111(g) · 100 Stat. 1642

    Amended · 42 U.S.C. § 9611(k)

    Pub. L. 99–499, § 111(g), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “The Inspector General of each department or agency to which responsibility to obligate money in the Fund is delegated shall provide an audit review team to audit all payments, obligations, reimbursements, or other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. Each such Inspector General shall submit to the Congress an interim report one year after the establishment of the Fund and a final report two years after the establishment of the Fund. Each such Inspector General shall thereafter provide such auditing of the Fund as is appropriate. Each Federal agency shall cooperate with the Inspector General in carrying out this subsection.”

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 99–499, § 111(g), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “The Inspector General of each department or agency to which responsibility to obligate money in the Fund is delegated shall provide an audit review team to audit all payments, obligations, reimbursements, or other uses of the Fund, to assure that the Fund is being properly administered and that claims are being appropriately and expeditiously considered. Each such Inspector General shall submit to the Congress an interim report one year after the establishment of the Fund and a final report two years after the establishment of the Fund. Each such Inspector General shall thereafter provide such auditing of the Fund as is appropriate. Each Federal agency shall cooperate with the Inspector General in carrying out this subsection.”

11. 1986

    Pub. L. 99–499 § 111(h) · 100 Stat. 1642

    Added · 42 U.S.C. § 9611(m)(p)

    Pub. L. 99–499, § 111(h), (i), added subsecs. (m) to (p)

    Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsecs. (m) to (p). Pub. L. 99–499, § 111(h), (i), added subsecs. (m) to (p).

12. 1989

    Pub. L. 101–144 title III · 103 Stat. 839

    Substituted · 42 U.S.C. § 9611(c)(12)

    Pub. L. 101–144, which directed that section 9611(c)(12) of the Superfund Amendments and Reauthorization Act of 1986 be amended by substituting “$20,000,000” for “$10,000,000”, was executed by making the substitution in subsec. (c)(12) of this section, as the probable intent of Congress because the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99–499, does not contain a section 9611, but section 111(d)(2) of Pub. L. 99–499 enacted subsec. (c)(12) of this section

    Source evidence

    Code amendment note
    Subsec. (c)(12). Pub. L. 101–144, which directed that section 9611(c)(12) of the Superfund Amendments and Reauthorization Act of 1986 be amended by substituting “$20,000,000” for “$10,000,000”, was executed by making the substitution in subsec. (c)(12) of this section, as the probable intent of Congress because the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99–499, does not contain a section 9611, but section 111(d)(2) of Pub. L. 99–499 enacted subsec. (c)(12) of this section.

    Enacted provision · exact public law
    TITLE III INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries; $16,000,000, to remain available until expended: Provided, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further, That when traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further, That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it: Provided further, That section 509 of the general provisions carried in title V of this Act shall not apply to the funds provided under this heading: Provided further, That not more than $125,000 of the private contributions to the Korean War Memorial Fund may be used for administrative support of the Korean War Veterans Memorial Advisory Board including travel by members of the board authorized by the Commission, travel allowances to conform to those provided by Federal Travel regulations. Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation expenses, $35,700,000: Provided, That not more than $325,000 of these funds shall be available for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission. Court of Veterans Appeals salaries and expenses For necessary expenses for the operation of the Court of Veterans Appeals as authorized by 38 U.S.C. 4051–4091, $4,000,000: Provided, That such sum shall be available without regard to section 509 of this Act: Provided further, That, of the funds provided under this heading, there shall be transferred to and merged with sums appropriated for “DEPARTMENT OF VETERANS AFFAIRS, medical and prosthetic research” such amount, not to exceed $1,000,000, as the Chief Judge of the Court of Veterans Appeals determines on or before July 1, 1990, to be excess to the needs of the Court during fiscal year 1990. Department of Defense—Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, and not to exceed $1,000 for official reception and representation expenses; $12,569,000, to remain available until expended. Environmental Protection Agency salaries and expenses For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; acquisition or purchase, hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; lease purchase, under a lease purchase contract hereby authorized to be entered into by the Environmental Protection Agency, which lease purchase contract shall have a term not to exceed twenty years and shall provide that title to the property shall vest in the United States at or before the expiration of the lease term, for the Motor Vehicles Emissions Laboratory; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; and not to exceed $6,000 for official reception and representation expenses; $874,583,000: Provided, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913). office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, $31,734,000. of which $10,317,000 shall be derived from the Hazardous Substance Superfund trust fund. research and development (including transfer of funds) For research and development activities, $241,500,000, to remain available until September 30, 1991: Provided, That not more than $11,600,000 of these funds shall be available for procurement of laboratory equipment: Provided further, That up to $5,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Salaries and expenses”. statement, control, and compliance (including transfer of funds) For abatement, control, and compliance activities, $829,940,000, to remain available until September 30, 1991: Provided, That up to $10,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Salaries and expenses”: Provided further, That up to $2,800,000 shall be available for grants and cooperative agreements to develop and implement asbestos training and accreditation programs: Provided further, That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: Provided further, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949). building and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or use by, the Environmental Protection Agency, $15,000,000, of which $3,000,000 shall be made available as a grant for an environmental laboratory addition to be constructed and owned by the University of Nevada, under such terms and conditions as the Administrator deems appropriate, with all of such sums, to remain available until expended. hazardous substance superfund For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111 (c)93), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $1,575,000,000, to be derived from the Hazardous Substance Superfund, plus sums recovered on behalf of the Hazardous Substance Superfund in excess of $82,000,000 during fiscal year 1990, with all of such funds to remain available until expended: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA, as amended: Provided further, That, notwithstanding section lll(m) of CERCLA, as amended, or any other provision of law, not to exceed $46,500,000 of the funds appropriated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), lll(c)(4), and lll(c)(14) of CERCLA and section 118(0 of the Superfund Amendments and Reauthorization Act of 1986: Provided further, That none of the funds appropriated under this heading shall be available for the Agency for Toxic Substances and Disease Registry to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA, as amended, during fiscal year 1990: Provided further, That section 9611(c)912) of the Superfund Amendments and Reauthorization Act of 1986, is amended by striking “$10,000,000” and inserting “$20,000,000”: Provided further, That no more than $220,000,000 of these funds shall be available for administrative expenses. leaking underground storage tank trust fund For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, $76,000,000, to remain available until expended; Provided, That no more than $6,000,000 shall be available for administrative expenses. construction grants (including rescission) For necessary expenses to carry out the purposes of the Federal Water Pollution Control Act, as amended, and the Water Quality Act of 1987, $2,050,000,000, to remain available until expended, of which $1,002,000,000 shall be for title II (other than sections 201(m)(1–3), 201(n)(2), 206, 208, and 209) of the Federal Water Pollution Control Act, as amended; $1,002,000,000 shall be for title VI of the Federal Water Pollution Control Act, as amended; and $46,000,000 shall be for title V of the Water Quality Act of 1987, consisting of $7,000,000 for section 510, $20,000,000 for section 513, and $19,000,000 for section 515: Provided, That of the funds appropriated in previous fiscal years under this heading to carry out the purposes of section 206(a) of the Federal Water Pollution Control Act, as amended, $47,700,000 are rescinded: Provided further, That, notwithstanding sections 602(b)(6) or 201(g)(1) of the Federal Water Pollution Control Act, as amended, of the funds appropriated in this paragraph, amounts awarded in a capitalization grant to an agency of any State, including funds transferred pursuant to section 205(m), shall be available for providing assistance in that State for the construction of publicly owned treatment works as defined in section 212 of that Act: Provided further, That, notwithstanding any other provision of law, from sums appropriated under this paragraph and allotted to the State of Texas under section 205 of the Federal Water Pollution Control Act, as amended, the State of Texas is authorized to set aside, at the discretion of the Governor, up to $15,000,000 for the establishment of a special revolving fund for the sole purpose of making loans to residents of colonias in the counties of Cameron, Hidalgo, Zapata, Starr, Webb, Maverick, Val Verde, Terrell, Brewster, Presidio, Hudspeth, and El Paso. Repayment amounts may remain in the special revolving fund for future loans to colonia residents, and funds set aside but not used for loans, including repayment amounts, may be transferred by the State to its general title VI revolving fund. Loans from the special revolving fund shall be made for the purposes of connecting residences to sewer collection systems and making any necessary plumbing improvements to enable such residences to meet existing county or city code requirements. The Texas Water Development Board is authorized to use funds from this set-aside for the administrative expenses of the special revolving fund: Provided further, That, notwithstanding any provision of law, from sums appropriated under this paragraph and before allotment of title II funds to the States under section 205, the Administrator shall award a grant under title II for $6,800,000 for construction of a connector sewer line, consisting of a main trunk line and four pump stations, for the Town of Honea Path, South Carolina to the waste water treatment facility in the Town of Ware Shoals, South Carolina: Provided further, That, notwithstanding any other provision of law, sums appropriated under this heading allotted for title VI capitalization grants to American Samoa, Commonwealth of the Northern Mariana Islands, Guam, the Trust Territory of Palau (or its successor entity), Virgin Islands and the District of Columbia, may be used for title II construction grants at the request of the chief executive of each of the above named entities. administrative provisions Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Administrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agency’s activities in the programs for which the fees or charges are made. In order to promote the development of innovative technology for the study, mitigation and management of hazardous and toxic substances, the Administrator of the Environmental Protection Agency may lease a portion of the Environmental Technology and Engineering Center located in Edison, New Jersey to the New Jersey Institute of Technology, under such terms and conditions which he determines to be in the public interest, for a term not to exceed ten years. Such lease may be with or without consideration and any compensation received may be used by the Agency to defray costs of providing the space and supporting services. Executive Office of the President council on environment quality and office of environmental quality For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91–190), the Environmental Quality Improvement Act of 1970 (Public Law 91–224), and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $1,500,000. national space council For necessary expenses of the National Space Council, including services as authorized by 5 U.S.C. 3109; $1,000,000: Provided, That the National Space Council shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $2,897,000: Provided, That the Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. Federal Emergency Management Agency disaster relief For necessary expenses in carrying out the functions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $100,000,000, to remain available until expended. salaries and expenses For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $2,500 for official reception and representation expenses; $142,499,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $2,639,000. emergency management planing and assistance For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $275,290,000. national flood insurance fund (transfers of funds) Of the funds available from the National Flood Insurance Fund for activities under the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act of 1973, $10,734,000 shall, upon enactment of this Act, be transferred to the “Salaries and expenses” appropriation for administrative costs of the insurance and flood plain management programs and $40,303,000 shall, upon enactment of this Act, be transferred to the “Emergency management planning and assistance” appropriation for flood plain management activities. In fiscal year 1990, no funds in excess of (1) $32,000,000 for operating expenses, (2) $165,000,000 for agents’ commissions and taxes, and (3) $3,500,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. emergency food and shelter program There is hereby appropriated $134,000,000 to the Federal Emergency Management Agency to carry out an emergency food and shelter program pursuant to title III of Public Law 100–77, as amended: Provided, That total administrative costs shall not exceed three and one-half per centum of the total appropriation. General Services Administration consumer information center For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,360,000, to be deposited into the Consumer Information Center Fund: Provided, That the appropriations, revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the aggregate amount of $5,200,000. Administrative expenses of the Consumer Information Center in fiscal year 1990 shall not exceed $2,092,000. Appropriations, reve-nues and collections accruing to this fund during fiscal year 1990 in excess of $5,200,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. Department of Health and Human Services office of consumer affairs For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,888,000. Interagency Council on the Homeless salaries and expenses For necessary expenses of the Interagency Council on the Home-less, not otherwise provided for, as authorized by title II of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311–11319), as amended, $1,100,000, to remain available until expended: Provided, That the Council shall carry out its duties in the 10 standard Federal regions under section 203(a)(4) of such Act only through detail, on a non-reimbursable basis, of employees of the departments and agencies represented on the Council pursuant to section 202(a) of such Act. National Aeronautics and Space Administration research and development For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; $5,366,050,000, to remain available until September 30, 1991: Provided, That of the funds made available under this heading, $1,800,000,000 is for the Space Station Program only, $7 50,000,000 of which shall not become available for obligation until June 1, 1990, and 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: Provided farther, That of the funds made available under this heading, $320,000,000 is for space transportation capability development only, which amount shall not become available for obligation until April 15, 1990, and 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: Provided farther, That of $2,064,600,000 made available under this heading for space science and applications, only $1,000,000,000 shall be available prior to April 1, 1990, and 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: Provided farther, That no hinds appropriated by this Act or any other Act may be used to enter into contracts of the National Aeronautics and Space Administration for the comet rendezvous and asteroid flyby and Cassini missions (CRAF/Cassini) if the estimated total budget authority for development of the two spacecraft, through launch plus 30 days of the Cassini mission, exceeds $1,600,000,000. space flight, control and data communications For necessary expenses, not otherwise provided for; in support of space flight, spacecraft control and communications activities of the National Aeronautics and Space Administration, including operations, production, services, minor construction, maintenance, repair, rehabilitation, and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance and operation of other than administrative aircraft; $4,614,600,000, to remain available until September 30, 1991: Provided, That of the funds made available under this heading, $1,400,000,000 is for space transportation system only, which amount shall not become available for obligation until April 15, 1990, and 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: Provided further, That $75,000,000 of the funds appropriated in section 101(g) of Public Law 99–591 for orbiter production shall be available until September 30, 1991, for all expenses of this account. construction of facilities (including transfer of funds) For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $601,300,000, to remain available until September 30, 1992: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this heading by this appropriations Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design: Provided further, That no amount appropriated pursuant to this or any other Act may be used for the lease or construction of a new contractor-funded facility for exclusive use in support of a contract or contracts with the National Aeronautics and Space Administration under which the Administration would be required to substantially amortize through payment or reimbursement such contractor investment, unless an appropriations Act specifies the lease or contract pursuant to which such facilities are to be constructed or leased or such facility is otherwise identified in such Act: Provided further, That the Administrator may authorize such facility lease or construction, if he determines, in consultation with the Committees on Appropriations, that deferral of such action until the enactment of the next appropriations Act would be inconsistent with the interest of the Nation in aeronautical and space activities: Provided further, That up to $152,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Space flight, control and data communications” and/or “Research and program management”: Provided further, That of the amounts transferred under the authority of the foregoing proviso, not to exceed $85,000,000 may be for “Space flight, control and data communications”, and not to exceed $67,000,000 may be for “Research and program management”: Provided further, That in addition to the foregoing transfers, up to $25,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Research and development”. research and program management For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C, 5901–5902); awards; lease, hire, purchase of one aircraft for replacement only (for which partial payment may be made by exchange of at least one existing administrative aircraft and such other existing aircraft as may be considered appropriate), maintenance and operation of administrative aircraft; purchase (not to exceed thirty-three for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $100,000 per project for construction of new facilities and additions to existing facilities, repairs, and rehabilitation and modification of facilities; $1,982,200,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive: Provided further, That of the funds made available under this heading, up to $195,000 may be transferred to the “Office of Inspector General”: Provided further, That the grade retention provisions of 5 U.S.C. 5362 shall remain available to Goddard Space Flight Center employees of the National Aeronautics and Space Administration, displaced by the conversion on September 3, 1989, of their civil service positions to private sector positions, from the time an affected employee is placed in a lower graded position until one or more of the conditions of 5 U.S.C. 5362(d) is met. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $8,795,000. administrative provisions small and disadvantaged business The NASA Administrator shall annually establish a goal of at least 8 per centum of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, which funds will be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) (6)), including Historically Black Colleges and Universities and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)). To facilitate progress in reaching this goal, the NASA Administrator shall submit within one year from enactment of this Act a plan describing the process to be followed to achieve the prescribed level of participation in the shortest practicable time. polar platform Of the funds made available in this Act for space station development, not more than $10,700,000 shall be reduced from the $107,000,000 requested for work performed on or under the work package numbered 3 prime contract (polar platform). National Credit Union Administration central liquidity facility During fiscal year 1990, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 1990 shall not exceed $864,000. administrative provision Section 120 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by adding at the end thereof the following new subsection: “(k) Notwithstanding any other provision of law, the Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99–609, sec. 1, Nov. 6, 1986, 100 Stat. 3475) subject only to the rules and regulations prescribed by the Board.”. National Institute of Building Sciences payment to the national institute of building science For payment to the National Institute of Building Sciences, $500,000. National Science Foundation research and related activities For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; hire of passenger motor vehicles; not to exceed $6,000 for official reception and representa-tion expenses; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $1,715,000,000, to remain available until September 30, 1991 of which $900,000,000 shall not be available for obligation until April 1, 1990, and 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: Provided, That of the funds appropriated in this Act, or from funds appropriated previously to the Foundation, not more than $97,900,000 shall be available for program development and management in fiscal year 1990; Provided further,That contracts may be entered into under the program development and management limitation in fiscal year 1990 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That none of the funds appropriated in this Act may be used directly or through grants, contracts or other award mechanisms, for agreements executed after enactment of this Act, to pay or to provide reimbursement for the Federal portion of the salary of any individual functioning as a Federal employee at more than the daily equivalent of the maximum rate paid for ES-6 for assignments to Senior Executive Service positions, unless specifically authorized by law: Provided further,That notwithstanding the preceding proviso, none of the funds appropriated in this Act may be used to pay the salary of any individual functioning as a Federal employee, or any other individual, through a grant or grants at a rate in excess of $95,000 per year: Provided further, That of the funds appropriated in this Act, $900,000 shall be available only for the International Institute for Applied Systems Analysis, and that, notwithstanding any other provision of law, the Director may choose not to obligate these funds for that purpose: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. academic research facilities For necessary expenses in carrying out an academic research facilities program pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, $20,000,000, to remain available until September 20, 1991: Provided, That funds made available under this heading shall not be available for obligation until September 1, 1990, and 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. united states antarctic program activities For necessary expenses in carrying out the research and operational support for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); maintenance and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; $7 4,000,000, to remain available until expended: Provided, That receipts for support services and materials provided for non-Federal activities may be credited to this appropriation: Provided further. That no funds in this account shall be used for the purchase of aircraft other than ones transferred from other Federal agencies: Provided further, That no funds in this or any other Act shall be used to acquire or lease a research vessel with ice-breaking capability built by a shipyard located in a foreign country if such a vessel of United States origin can be obtained at a cost no more than 50 per centum above that of the least expensive technically acceptable foreign vessel bid: Provided further, That, in determining the cost of such a vessel, such cost be increased by the amount of any subsidies or financing provided by a foreign government (or instrumentality thereof) to such vessel’s construction: Provided further, That if the vessel contracted for pursuant to the foregoing is not available for the 1989–1990 austral summer Antarctic season, a vessel of any origin may be leased for a period of not to exceed 120 days for that season and each season thereafter until delivery of the new vessel: Provided further, That the preceding three provisos shall not apply to appropriated funds used for the lease of the vessel POLAR DUKE, nor for procurements covered by the GATT Agreement on Government Procurement: Provided further, That the vessel contracted for pursuant to the foregoing shall be of United States registry. united states antarctic logistical support activities For necessary expenses in reimbursing Federal agencies for logistical and other related activities for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); maintenance, and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; improvement of environmental practices and enhancement of safety; hire of passenger motor vehicles; not to exceed $82,000,000, to remain available until expended: Provided, That funds made available under this heading shall not become available for obligation until September 30, 1990, and 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: Provided further, That receipts for support services and materials provided for non-Federal activities may be credited to this appropriation. science education activities For necessary expenses in carrying out science and engineering education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, $210,000,000, to remain available until September 30, 1991: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $2,600,000, to remain available until September 30, 1991. Neighborhood Reinvestment Corporation payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $27,260,000. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101–4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $26,313,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States: Provided further, That notwithstanding the provisions of 50 U.S.C. App. 460(g), none of the funds appropriated by this Act may be obligated for in connection with the preparation of more than one report each year to the Congress covering the operation of the Selective Service System.

13. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(1) · 104 Stat. 1388

    Inserted · 42 U.S.C. § 9611(a)

    Pub. L. 101–508, § 6301(1), inserted “and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994,” after “October 17, 1986,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–508, § 6301(1), inserted “and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994,” after “October 17, 1986,” in introductory provisions.

    Enacted provision · exact public law section
    (1) by inserting after “Reauthorization Act of 1986,” in subsection (a) the following: “and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994,”;

14. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(2) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 9611(c)(11)

    Pub. L. 101–508, § 6301(2), substituted “8-fiscal year period” for “5-fiscal-year period”

    Source evidence

    Code amendment note
    Subsec. (c)(11). Pub. L. 101–508, § 6301(2), substituted “8-fiscal year period” for “5-fiscal-year period”.

    Enacted provision · exact public law section
    (2) by striking “5-fiscal-year period” in subsection (c)(H) and inserting “8-fiscal year period”;

15. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(3) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 9611(c)(12)

    Pub. L. 101–508, § 6301(3), substituted “1991, 1992, 1993, and 1994” for “and 1991”

    Source evidence

    Code amendment note
    Subsec. (c)(12). Pub. L. 101–508, § 6301(3), substituted “1991, 1992, 1993, and 1994” for “and 1991”.

    Enacted provision · exact public law section
    (3) by striking “and 1991” in subsection (c)(12) and inserting “1991, 1992, 1993, and 1994”;

16. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(4) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 9611(m)

    Pub. L. 101–508, § 6301(4), substituted “1990, 1991, 1992, 1993, and 1994” for “1990 and 1991”

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 101–508, § 6301(4), substituted “1990, 1991, 1992, 1993, and 1994” for “1990 and 1991”.

    Enacted provision · exact public law section
    (4) by striking “1990 and 1991” in subsection (m) and inserting “1990, 1991, 1992, 1993, and 1994”;

17. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(5) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 9611(n)(1)

    Pub. L. 101–508, § 6301(5), substituted “1991, 1992, 1993, and 1994” for “and 1991”

    Source evidence

    Code amendment note
    Subsec. (n)(1). Pub. L. 101–508, § 6301(5), substituted “1991, 1992, 1993, and 1994” for “and 1991”.

    Enacted provision · exact public law section
    (5) by striking “and 1991” in subsection (n)(D and inserting “1991, 1992, 1993, and 1994”;

18. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(6) · 104 Stat. 1388

    1. Added · 42 U.S.C. § 9611(n)(2)(E)

       Pub. L. 101–508, § 6301(6), added subpar. (E)

    2. Struck · 42 U.S.C. § 9611(n)(2)(E)

       Pub. L. 101–508, § 6301(6), struck out former subpar. (E) which read as follows: “For the fiscal year 1991, $35,000,000.”

    Source evidence

    Code amendment note
    Subsec. (n)(2)(E). Pub. L. 101–508, § 6301(6), added subpar. (E) and struck out former subpar. (E) which read as follows: “For the fiscal year 1991, $35,000,000.”

    Enacted provision · exact public law section
    (6) by striking subsection (n)(2)(E) and inserting the following new subparagraph: “(E) For each of the fiscal years 1991, 1992, 1993, and 1994, $35,000,000.”;

19. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(7) · 104 Stat. 1388

    Substituted · 42 U.S.C. § 9611(n)(3)

    Pub. L. 101–508, § 6301(7), substituted “1991, 1992, 1993, and 1994” for “and 1991”

    Source evidence

    Code amendment note
    Subsec. (n)(3). Pub. L. 101–508, § 6301(7), substituted “1991, 1992, 1993, and 1994” for “and 1991”.

    Enacted provision · exact public law section
    (7) by striking “and 1991” in subsection (n)(3) and inserting “1991, 1992, 1993, and 1994”; and

20. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 § 6301(8) · 104 Stat. 1388

    Added · 42 U.S.C. § 9611(p)(1)(F)(H)

    Pub. L. 101–508, § 6301(8), added subpars. (F) to (H)

    Source evidence

    Code amendment note
    Subsec. (p)(1)(F) to (H). Pub. L. 101–508, § 6301(8), added subpars. (F) to (H).

    Enacted provision · exact public law section
    (8) by inserting after subparagraph (E) of subsection (p)(D the following new subparagraphs: “(F) For fiscal year 1992, $212,500,000. “(G) For fiscal year 1993, $212,500,000. “(H) For fiscal year 1994, $212,500,000.”.

10 of 34 references resolved to an enrolled provision · 1 partial · 23 unresolved