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Page:United States Statutes at Large Volume 97.djvu/1460

 97 STAT. 1428 PUBLIC LAW 98-212—DEC. 8, 1983 installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes; $3,214,048,000, to remain available for obligation until September 30, 1986. MISSILE PROCUREMENT, ARMY (INCLUDING TRANSFER OF FUNDS) For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special- ized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construc- tion prosecuted thereon prior to approval of title as required by 40 USC 255. section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes, as follows: For Other Missile Support, $9,200,000; for the Patriot program, $885,000,000; for the Stinger program, $105,200,000, and in addition, $32,600,000 to be derived by transfer from "Missile Procurement, Army, 1983/1985"; for the Laser Hellfire program, $218,800,000; for the TOW program, $189,200,000; for the Pershing II program, $407,700,000; for the MLRS program, $532,100,000; for modification of missiles, $123,300,000; for spares and repair parts, $271,000,000; for support equipment and facilities, $109,200,000; in all: $2,822,700,000, and in addition $32,600,000 to be derived by transfer, to remain available until September 30, 1986: Provided, That within the total amount appropriated, the subdivisions within this account shall be reduced by $28,000,000 for revised economic assumptions. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY (INCLUDING TRANSFER OF FUNDS) For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ord- nance, spare parts and accessories therefor; specialized equipment and training devices; expansion of public and private plants, includ- ing the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip- ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $4,594,103,000, and in addition, $65,200,000. to be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army. 1982/1984" and $83,800,000. to be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army, 1983/1985", to remain available for obligation until September 30.

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Page:United States Statutes at Large Volume 97.djvu/1461

 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1429 1986: Provided, That notwithstanding any other provision of law, M-1 tank engine within three months after enactment of this Act the Secretary of tSgreSnal Defense shall complete and submit to the Committees on Appropri- committees. ations and Armed Services of the House and Senate a study on the feasibility and cost effectiveness of establishing a second production source or multiyear procurement of the AGT 1500 engine for the M-1 tank, together with the Secretary's determination, based on the findings of such study, whether a second production source or multiyear procurement contract is in the national interest: Provided further, That current production of the AGT 1500 engine shall not be interrupted or reduced in the interim. PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authoriza- tion Acts or authorized by section 2673, title 10, United States Code, and the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip- 40 USC 255. ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $1,980,100,000, of which $1,200,000 shall be available only for pro- curement of 9mm handgun ammunition, to remain available for obligation until September 30, 1986. OTHER PROCUREMENT, ARMY For construction, procurement, production, and modification of vehicles, including tactical, support (including not to exceed fifteen vehicles required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle), and nontracked combat vehicles; the purchase of not to exceed two thousand one hundred and forty-one passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ord- nance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appli- ances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $4,680,528,000, of which $24,400,000 shall be available for the M9 Armored Combat Earthmover under a multiyear contract, to remain available for obligation until September 30, 1986.

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Page:United States Statutes at Large Volume 97.djvu/1462

 97 STAT. 1430 PUBLIC LAW 98-212—DEC. 8, 1983 AIRCRAFT PROCUREMENT, NAVY For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 40 USC 255. 355, Revised Statutes, as amended; and procurement and installa- tion of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $10,174,608,000, to remain available for obliga- tion until September 30, 1986. WEAPONS PROCUREMENT, NAVY (INCLUDING TRANSFER OF FUNDS) For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as re- quired by section 355, Revised Statutes, as amended; and procure- ment and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: For missile pro- grams, $2,962,600,000; for the MK-48 torpedo program, $124,600,000; for the MK-46 torpedo program, $212,900,000; for the MK-60 captor mine program, $73,900,000; for the MK-30 mobile target program, $17,600,000; for the MK-38 mini mobile target program, $2,000,000; for the antisubmarine rocket (ASROC) program, $17,300,000; for modification of torpedoes, $111,800,000; for the torpedo support equipment program, $72,100,000; for the MK-15 close-in weapons system program, $120,400,000; for the MK-45 gun mount/MK-6 ammunition hoist, $16,100,000; for the MK-75 gun mount program, $11,100,000; for the MK-19 machine gun program, $900,000; for the 25mm gun mount, $700,000; for the 9mm handgun, $500,000; for small arms and weapons, $2,500,000; for the modification of guns and gun mounts, $13,600,000; for the guns and gun mounts support equipment program, $9,300,000; in all: $3,725,332,000, and in addi- tion, $77,800,000, to be derived by transfer from "Weapons Procure- ment, Navy, 1983/1985", to remain available until September 30, 1986: Provided, That within the total amount appropriated, the subdivisions within this account shall be reduced by $44,568,000, as follows: $8,568,000 for spares and repair parts and $36,000,000 for revised economic assumptions. SHIPBUILDING AND CONVERSION, NAVY (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the construction, acquisition, or con- version of vessels as authorized by law, including armor and arma- ment thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and

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Page:Folk-lore - A Quarterly Review. Volume 11, 1900.djvu/181

 Rh in him an Awe that I believe to be specifically religious both in its essence and in its fruits, whether Animism have, or have not, succeeded in imposing its distinctive colours upon it. Thus, when a thunderstorm is seen approaching in South Africa, a Kaffir village, led by its medicine-man, will rush to the nearest hill and yell at the hurricane to divert it from its course. Here we have Awe finding vent in what on the face of it may be no more than a simple straightforward act of personification. It is Animism in the loose sense of some writers, or, as I propose to call it, Animatism; but it is not Animism in the strict scientific sense that implies the attribution, not merely of personality and will, but of "soul" or "spirit," to the storm. The next case is but slightly different. The Point Barrow natives, believing the Aurora Borealis to do them harm by striking them at the back of the neck, brandish knives and throw filth at it to drive it away. Now I doubt if we need suppose Animism to be latent here any more than in the African example. Nevertheless the association of the Aurora's banefulness with a particular malady would naturally pave the way towards it, whilst the precautionary measures are exactly such as would be used against spirits. The following case is more dubious. When a glacier in Alaska threatened to swallow up a valuable fishing stream two slaves were killed in order to bring it to a standstill. Here the advanced character of the propitiatory rite probably presumes acquaintance with some form of the animistic theory. It may very well be, however, that sacrifice is here resorted to as a general religious panacea without involving any distinct recognition of a particular glacier spirit. And now let us take a couple of instances where the theory behind the religious observance is more explicit. The Fuegians


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Page:United States Statutes at Large Volume 97.djvu/1463

 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1431 Government and contractor-owned equipment layaway; procure- ment of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended, as follows: for the Trident sub- marine program, $1,704,900,000; for the T-AK cargo ship conversion program, $900,000; for the SSN-688 nuclear attack submarine pro- gram, $2,018,000,000; for the reactivation of the U.S.S. Missouri, $57,700,000: Provided, That none of these funds shall be available for obligation until the Secretary of the Navy reports to the Committees on Appropriations on the decision whether to implement the phase II battleship modernization, and any decision to proceed with phase II shall be accompanied by a plan for implementation to include cost and schedule data; for the aircraft carrier service life extension program, $95,900,000; for the CG-47 AEGIS cruiser program, $3,285,000,000; for the DDG-51 guided missile destroyer program, $79,000,000; for the LSD-41 landing ship dock program, $405,500,000; for the FFG-7 guided missile frigate program, $ll(i,40,(H)0, and in addition, provided that the FFG-7 guided missile frigate shall be constructed with an upgraded MK-92 fire control system and an X-band phased array radar, the following amounts shall be derived by transfer: from the FFG-7 guided missile frigate program of "Shipbuilding and Conversion, Navy, 1980/1984", $26,500,000; from the FFG-7 guided missile frigate program of " Shipbuilding and Conversion, Navy, 1981/1985", $19,100,000; from SSN-688 nuclear attack submarine, FFG-7 guided missile frigate, T-AGOS ocean surveillance ship, and escalation programs of "Ship- building and Conversion, Navy, 1982/1986", $66,000,000; and from the Trident submarine, SSN-688 nuclear attack submarine, FFG-7 guided missile frigate, CVN aircraft carrier, and escalation pro- grams of "Shipbuilding and Conversion, Navy, 1983/1987", $72,000,000; in all, $183,600,000 to be derived by transfer; for the T-AO fleet oiler ship program, $335,500,000; for the MCM mine counter- measures ship program, $301,000,000: Provided further, That funds appropriated or made available in this Act for the MCM mine countermeasures ship program may be obligated or expended only under a firm fixed price contract: Provided further, That none of the funds appropriated or made available in this Act for the MCM mine countermeasures ship program may be obligated or expended until such time as the Department of the Navy develops electromagnetic interference specifications for the MCM-1 class of ships, and the Secretary of the Navy certifies to the Committees on Appropriations that the electromagnetic interference specifications developed will result in a design that will be free of electromagnetic interference in the context of the approved electromagnetic interference and elec- tromagnetic compatibility specifications; for the MSH coastal mine hunter program, $65,000,000; for the T-AGS surveying ship pro- gram, $17,000,000; for the T-AKR fast logistics ship program, $230,000,000; for the T-AH hospital ship program, $180,000,000, and in addition, $44,000,000 to be derived by transfer from the T-AH hospital ship program of "Shipbuilding and Conversion, Navy, 1983/ 1987"; for the T-AFS combat stores ship program, $11,000,000; for the LHD-1 amphibious assault ship program, $1,365,700,000; for the strategic sealift program, $31,000,000; for craft, outfitting, post deliv- ery, cost growth, and escalation on prior year programs. 40 USC 255. Battleship modernization, report to congressional committees. Certified specifications to congressional committees.

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Page:United States Statutes at Large Volume 97.djvu/1464

 97 STAT. 1432 PUBLIC LAW 98-212—DEC. 8, 1983 $1,056,400,000; in all: $11,215,400,000, and in addition, $227,600,000 to be derived by transfer, to remain available for obligation until September 30, 1988: Provided further, That additional obligations may be incurred after September 30, 1988, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction; and each Ship- building and Conversion, Navy, appropriation that is currently available for such obligations may also hereafter be so obligated after the date of its expiration: Provided further, That within the total amount appropriated, the subdivisions within this account shall be reduced by $140,500,000, as follows: $27,500,000 for consult- ants, studies, and analyses, and $113,000,000 for revised economic assumptions: Provided further, That none of the funds herein pro- vided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY For procurement, production, and modernization of support equip- ment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed one vehicle required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle and the purchase of not to exceed six hundred and sixty-seven passenger motor vehicles of which six hundred and twenty-five shall be for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 40 USC 255. 355, Revised Statutes, as amended; and procurement and installa- tion of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: For ship support equipment, $673,909,000; for communications and electronics equipment, $1,555,233,000; for aviation support equipment, $699,405,000; for ordnance support equipment, $926,162,000, of which $698,000 shall be available only for procurement of 9mm handgun ammunition; for civil engineering support equipment, $196,622,000; for supply sup- port equipment, $112,474,000; for personnel/command support equipment, $275,601,000; in all: $4,308,543,000, to remain available until September 30, 1986: Provided, That within the total amount appropriated, the subdivisions within this account shall be reduced by $130,863,000 as follows: $16,863,000 for spares and repair parts; $20,000,000 undistributed reduction; $4,000,000 for consultants, stud- ies, and analyses; and $90,000,000 for revised economic assumptions. PROCUREMENT, MARINE CORPS For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equip- ment, spare parts, and accessories therefor; plant equipment, appli- ances, and machine tools, and installation thereof in public and

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Page:United States Statutes at Large Volume 97.djvu/1465

 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1433 private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including pur- chase of not to exceed two hundred and four passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands, and inter- ests therein, may be acquired and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; $1,741,306,000, to remain available for obiiga- 40 USC 255. tion until September 30, 1986. AIRCRAFT PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS) For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground han- dling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $21,080,110,000, of which $5,626,800,000 shall be available only for the purchase of the B-IB bomber under a multiyear contract, of which $112,100,000 shall be available for contribution of the United States share of the cost of the acquisition by the North Atlantic Treaty Organization of an Airborne Early Warning and Control System (AWACS) and, in addition, the Department of Defense may make a commitment to the North Atlantic Treaty Organization to assume the United States share of contingent liability in connection with the NATO E-3A Cooperative Programme; and in addition, $310,200,000, which shall be derived by transfer from "Aircraft Procurement, Air Force, 1983/ 1985", of which $288,200,000 shall be from the A-10 program, $14,000,000 shall be from the C-135 modification program, and $8,000,000 shall be from the C-130H program to be available only for the purchase of C-130H aircraft; and in addition, $12,900,000, which shall be derived by transfer from "Aircraft Procurement, Air Force, 1982/1984", from the Civilian Reserve Airlift Fleet modification program to be available only for the Civilian Reserve Airlift Fleet modification program: Provided, That none of the funds in this Act may be obligated under the four major fiscal year 1984 production contracts for the B-IB bomber if the current dollar costs of such production contracts would exceed the Air Forces original current dollar estimates for the four major fiscal year 1984 B-IB production contracts based on the production portion of the $20,500,000,000 estimate for the B-IB bomber baseline costs expressed in fiscal year 1981 constant dollars; to remain available for obligation until Sep- tember 30, 1986: Provided, That none of the funds appropriated by Notification to this Act may be obligated for procurement of the alternate fighter congressional engine until the Secretary of Defense notifies the appropriations ^°"^TM^ ^^^ committees of both the House and the Senate of his approval of the decision made by the source selection authority: Provided further.

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Page:United States Statutes at Large Volume 97.djvu/1466

 committees. 97 STAT. 1434 PUBLIC LAW 98-212 —DEC. 8, 1983 That nothing in this paragraph shall prohibit award of separate long lead contracts for essential parts and components necessary to meet the required delivery schedule for the alternate fighter engine. MISSILE PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS) For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of struc- tures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired and construction prosecuted thereon prior to approval of title as required by section 355, Revised 40 USC 255. Statutes, as amended; reserve plant and Government and contrac- tor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $7,747,838,000, of which $81,600,000 shall be available for the pur- chase of the phase III Defense Satellite Communications System Notification to (DSCS III) Under a multiyear contract: Provided, That after the congressional Secretary of the Air Force gives written notification of a proposed multiyear contract for the Defense Satellite Communications System to the Committees on Appropriations of the Senate and House of Representatives, such contract may not then be awarded until forty-five days after such notification; and of which $200,000,000 for cooperative NATO air base defense shall not be available to support implementing an agreement with any foreign government until forty-five days after such agreement, together with support- ing data including total program cost estimates, has been submitted to the Congress; and in addition, $55,000,000, to be derived by transfer from "Missile Procurement, Air Force, 1983/1985", to remain available for obligation until September 30, 1986. OTHER PROCUREMENT, AIR FORCE For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed five vehicles required for physical security of person- nel notwithstanding price limitations applicable to passenger carry- ing vehicles but not to exceed $100,000 per vehicle and the purchase of not to exceed one thousand two hundred and sixty-one passenger motor vehicles of which seven hundred and thirteen shall be for replacement only; and expansion of public and private plants. Gov- ernment-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing pur- poses, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title as re- quired by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $6,914,232,000, of which $1,000,000 shall be available only for pro- curement of 9mm handguns and $446,000 shall be available only for

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Page:United States Statutes at Large Volume 97.djvu/1467

 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1435 procurement of 9mm handgun ammunition, to remain available for obligation until September 30, 1986. NATIONAL GUARD AND RESERVE EQUIPMENT For procurement of aircraft, missiles, tracked combat vehicles, and other procurement for the reserve components of the Armed Forces, not to exceed $176,000,000, to remain available until Septem- ber 30, 1986, distributed as follows: Army National Guard, not to exceed $100,000,000; Air National Guard, not to exceed $25,000,000; Naval Reserve, not to exceed $51,000,000. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS, COAST GUARD For acquisition, construction, and improvements, not otherwise provided for; $300,000,000, to be transferred to the Coast Guard: "Acquisition, Construction, and Improvements", to remain available for obligation until September 30, 1986. PROCUREMENT, DEFENSE AGENCIES For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for pro- curement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed seven vehicles required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle and the purchase of not to exceed seven hundred and twenty-two passenger motor vehicles of which three hundred and ninety-three shall be for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government 40 USC 255. and contractor-owned equipment layaway; $942,657,000, to remain available for obligation until September 30, 1986. TITLE V RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY For expenses necessary for basic and applied scientific research, development, test, and evaluation," including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author- ized by law; $4,199,125,000, of which $15,000,000 shall be available only for integration (including qualification) of the Hellfire missile on the UH-60 helicopter, to remain available for obligation until September 30, 1985. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author-

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Page:United States Statutes at Large Volume 97.djvu/1468

 97 STAT. 1436 PUBLIC LAW 98-212 —DEC. 8, 1983 Laser technology report. Laser technology report. ized by law; $7,559,818,000, of which not less than $72,593,000 shall be available only for the Mark 92 fire control system which includes the phased array radar improvement program and of which not less than $61,165,000 shall be available only for the Marine Corps As- sault Vehicles program which includes the MPGS, LVT(X), and LAV subprojects, to remain available for obligation until September 30, 1985. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author- ized by law; $12,227,706,000, of which $23,500,000 shall not be made available for obligation on visible/ultraviolet laser technology prior to the submission of a report by the Department of Defense Defen- sive Technologies Study Team recommending a plan for the expend- iture of laser technology funds, to remain available for obligation until September 30, 1985. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilita- tion, lease, and operation of facilities and equipment, as authorized by law; $2,703,620,000, of which $20,000,000 shall not be made available for obligation on short wavelength laser technology prior to the submission of a report by the Department of Defense Defen- sive Technologies Study Team recommending a plan for the expend- iture of leiser technology funds, to remain available for obligation until September 30, 1985: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further. That such amounts of this appropriation as may be deter- mined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for mili- tary functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred. DIRECTOR OF TEST AND EVALUATION, DEFENSE For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evalua- tion; and administrative expenses in connection therewith; $49,000,000, to remain available for obligation until September 30, 1985.

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Page:United States Statutes at Large Volume 97.djvu/1469

 PUBLIC LAW 98-212 —DEC. 8, 1983 TITLE VI 97 STAT. 1437 SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currrencies which the Treasury Depart- ment determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Depart- ment of Defense, as authorized by law; $3,050,000, to remain avail- able for obligation until September 30, 1985: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for pa3mients in the foregoing currencies. TITLE VII GENERAL PROVISIONS SEC. 701. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursu- ant to existing law. SEC. 702. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 703. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordeince with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transpor- tation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty stations and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 704. During the current fiscal year, provisions of law prohibit- ing the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 705. Appropriations contained in this Act and in subsequent appropriation Acts for the Department of Defense shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement to General Services Administration for security guard services for protection of confidential files; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 706. Any appropriation available hereafter to the Army, Navy, or Air Force may, under such regulations as the Secretary Consulting services. Publicity or propaganda. Experts and consultants. Noncitizen compensation and employment. 10 USC 1584 note. 10 USC 138 note. Prisoners of war. 10 USC 138 note.

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 97 STAT. 1438 PUBLIC LAW 98-212—DEC. 8, 1983 Land acquisition. 10 USC 138 note. 22 USC 2385. Notification to Congress. concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclama- tion. SEC. 707. Appropriations available to the Department of Defense for the current fiscal year and hereafter for maintenance or con- struction shall be available for acquisition of land or interest therein as authorized by sections 2672, 2675 or 2828 of title 10, United States Code. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available (a) for transportation to pri- mary and secondary schools of minor dependents of military and civilian personnel of the Department of Defense as authorized for the Navy by section 7204 of title 10, United States Code; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemna- tion proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of govern- ment, and in the conduct of field exercises and maneuvers or, in administering the provisions of the Act of July 9, 1942 (56 Stat. 654; 43 U.S.C. 315q), rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 202 of the Agricultural Act of 1949 (7 U.S.C. 1446a), and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property, including maintenance thereof when contracted for as a part of the lease agreement, for twelve months beginning at any time during the fiscal year; (k) pay and allowances of not to exceed nine persons, including personnel de- tailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(l) of the Foreign Assistance Act of 1961, as amended; (1) the purchase of right-handndrive vehicles not to exceed $12,000 per vehicle; (m) for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for ships inducted into industrial fund activities or contracted for in prior fiscal years: Provided, That the Secretary of Defense shall notify the Congress promptly prior to obligation of any such pay- ments; (n) for payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship overhaul, maintenance, and repair after expiration of such appro- priations, for such work either inducted into the industrial fund activity or contracted for in that fiscal year; and (o) for payments for depot maintenance contracts for twelve months beginning at any time during the fiscal year.

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1439 SEC. 709. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraud- ulent enlistment; (b) authorized issues of articles to prisoners, appli- cants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circum- stances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmili- tary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by section 7208 of title 10, United States Code; (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $75 in any one case; (k) carrying out section 10 of the Act of September 23, 1950, as amended; and (1) providing, with or without reimbursement, not to exceed $60,000,000 to procure secure communications systems, equipment and related items throughout the United States Government. SEC. 710. The Secretary of Defense and each purchasing and contracting agency of the Department of Defense shall assist Ameri- can small and minority-owned business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by increasing, to an optimum level, the resources and number of personnel jointly assigned to promoting both small and minority business involvement in purchases fi- nanced with funds appropriated herein, and by making available or causing to be made available to such businesses, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by assisting small and minority business concerns to participate equitably as subcontractors on contracts financed with funds appropriated herein, and by otherwise advocating and providing small and minor- ity business opportunities to participate in the furnishing of com- modities and services financed with funds appropriated by this Act. SEC. 711. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 712. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of section 1512 of title 31, United States Code, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in 10 USC 858 note. 10 USC 807 note. Small and minority-owned business contracts. Fiscal year funding limitation. Funding exemptions. Airborne alert expenses. Active duty military personnel increases.

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 97 STAT. 1440 PUBLIC LAW 98-212—DEC. 8, 1983 Monthly report to Congress. Commissary stores. Proficiency flying. Household goods. this Act, the Secretary of Defense is authorized to provide for the cost of such increased mihtary personnel, as an excepted expense in accordance with the provisions of section 3732 of the Revised Stat- utes (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 713. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agen- cies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchan- dise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenues from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropri- ation contained in this Act shall be available to pay any costs incurred by any commissary store or other entity acting on behalf of any commissary store in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons unless all fees or moneys received for handling or processing such coupons are reimbursed to the appropriation charged with the incurred costs: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commis- sary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the mili- tary and civilian employees of the Department of Defense. SEC. 714. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdic- tion of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accord- ance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 715. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, tempo- rary storage, drayage, and unpacking of household goods and per- sonal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds.

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1441 SEC. 716. Vessels under the jurisdiction of the Department of Transportation, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agen- cies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 717. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers' Training Corps, or the National Board for the Promotion of Rifle Practice, Army. SEC. 718. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may usc the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may usc the same for the support of the United States forces in such areas, without specific appropriations therefor: Pro- vided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further. That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 719. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Service concerned. SEC. 720. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of edu- cational institutions for tuition or expenses of off-duty training of military personnel (except with regard to such charges of education- al institutions (a) for enlisted personnel in the pay grade E-5 or higher with less than 14 years' service, for which payment of 90 per centum may be made or (b) for military personnel in off-duty high school completion programs, for which payment of 100 per centum may be made), nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training: Provided, That the foregoing limitation shall not apply to the Program for Afloat College Education. SEC. 721. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in beisic courses of the senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. Vessel transfers. 40 USC 483a. Obligated funds, limitation. Foreign real property, commodities, and services. Report to Congress and OMB. Research and development funds. Educational expenses, limitation. 10 USC 2108 note. 11-194 O - 85 — 47:QL3

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 97 STAT. 1442 PUBLIC LAW 98-212—DEC. 8, 1983 Procure ment restrictions. 22 USC 2776. Inactive duty training pay. SEC. 721A. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000 shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stain- less steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procure- ments by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in further- ance of the standardization and interoperability of equipment requirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code: Provided further, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further. That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations other than certain contracts not involving fuel made on a test basis by the Defense Logistics Agency with a cumulative value not to exceed $4,000,000,000, as may be deter- mined by the Secretary of Defense pursuant to existing laws and regulations as not to be inappropriate therefor by reason of national security considerations: Provided further. That the Secretary specifi- cally determines that there is a reasonable expectation that offers will be obtained from a sufficient number of eligible concerns so that awards of such contracts will be made at a reasonable price and that no award shall be made for such contracts if the price differential exceeds 2.2 per centum: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practica- ble, all contracts shall be awarded on a formally advertised competi- tive bid basis to the lowest responsible bidder. SEC. 722. None of the funds appropriated by this Act may be obligated under section 206 of title 37, United States Code, for inactive duty training pay of a member of the National Guard or a member of a reserve component of a uniformed service for more than four periods of equivalent training, instruction, duty or appro-

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 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1443 priate duties that are performed instead of that member's regular period of instruction or regular period appropriate duty. SEC. 723. Appropriations contained in this Act and in subsequent appropriation Acts for the Department of Defense shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming person- nel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations ap- proved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 724. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by section 5901 of title 5, United States Code. SEC. 725. Funds provided in this Act for legislative liaison activi- ties of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $9,500,000 for the current fiscal year: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 726. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such pro- curement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. SEC. 727. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) dis- charged for misconduct, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; or (3) discharged prior to completion of recruit training under honorable conditions for de- pendency, hardship, minority, disability, or for the convenience of the Government. SEC. 728. No part of the funds appropriated herein or in subse- quent appropriation Acts for the Department of Defense shall be available for paying the costs of advertising by any defense contrac- tor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. Furnishings and automobiles, purchase. 10 USC 138 note. Uniforms. Legislative liaison activities. Civil reserve air fleet. Civilian clothing allowance. Defense contractor advertising, prohibited costs. 10 USC 138 note.

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 97 STAT. 1444 PUBLIC LAW 98-212—DEC. 8, 1983 Transfer of funds. Notification to Congress. Working capital funds. Notification to Congress. Federal Employees Compensation Fund. Loan restrictions. Heating plant conversion. Experimental subjects, restricted research. 10 USC 138 note. SEC. 729. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,200,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) be- tween such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further. That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 730. During the current fiscal year, cash balances in working capital funds of the Department of Etefense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disburse- ments to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Manage- ment and Budget, except that transfers between a stock fund ac- count and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 731. Not more than $225,400,000 of the funds appropriated by this Act shall be made available for payment to the Federal Employees Compensation Fund, as established by 5 U.S.C. 8147. SEC. 732. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdic- tion of any crime which involves the use of or the sissistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 733. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 734. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects: Provided, That this limita- tion shall not apply to measures intended to be beneficial to the recipient and consent is obtained from the recipient or a legal representative acting on the recipient's behalf. SEC. 735. Appropriations for the current fiscal year and hereafter for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recrea- tion; hire of passenger motor vehicles; repair of facilities; modifica- tion of personal property; design of vessels; industrial mobilization;

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1445 installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of serv- ices, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 736. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which origi- nally appropriated and in no case where the item for which repro- graming is requested has been denied by the Congress. SEC. 737. No funds appropriated by this Act shall be available to pay claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence: Provided, That the forego- ing limitation shall not apply to payments that supplement primary coverage provided by other insurance plans or programs that pay for at least 75 per centum of the covered services. SEC. 738. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient has been referred to such counselor by a medical doctor for treat- ment of a specific problem with results of that treatment to be communicated back to the physician who made such referral; (b) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) surgery which improves physical appearance but which is not expected to significantly restore functions including, but not limited to, mammary augmentation, face lifts and sex gender changes except that breast reconstructive surgery following mastec- tomy and reconstructive surgery to correct serious deformities caused by congenital anomalies, accidental injuries and neoplastic surgery are not excluded; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the eightieth percentile of the customary charges made for similar services in the same locality where the medical care was furnished, as determined for physicians in accordance with section 1079(h) of title 10, United States Code; or (g) any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as assessed or diagnosed by a physician, dentist, clinical psychologist, optometrist, podiatrist, certified nurse-midwife, certified nurse prac- titioner, or certified clinical social worker, as appropriate, except as authorized by section 1079(a)(4) of title 10, United States Code: Provided, That any changes in availability of funds for the Program made in this Act from those in effect prior to its enactment shall be effective for care received following enactment of this Act. SEC. 739. Appropriations available to the Department of Defense for the current fiscal year shall be available to provide an individual entitled to health care under chapter 55 of title 10, United States Code, with one wig if the individual has alopecia that resulted from Reprograming of funds. Nonemergency inpatient hospital care. Health program, limitations. 10 USC 1071 et seq.

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 97 STAT. 1446 PUBLIC LAW 98-212—DEC. 8, 1983 Unused accrued leave. Enlisted aides, limitation. Public affairs activities. 22 USC 2777. 22 USC 2761. Senior ROTe unit, limitation. Lodging expenses, restriction. treatment of malignant disease: Provided, That the individual has not previously received a wig from the Government. SEC. 740. Funds appropriated in this Act shall be available for the appointment, pay, and support of persons appointed as cadets and midshipmen in the two-year Senior Reserve Officers' Training Corps course in excess of the 20 percent limitation on such persons im- posed by section 2107(a) of title 10, United States Code, but not to exceed 60 percent of total authorized scholarships. SEC. 741. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than sixty days of such leave, less the number of days for which payment was previously made under section 501 after Febru- ary 9, 1976. SEC. 742. None of the funds appropriated by this Act may be used to support more than 300 enlisted aides for officers in the United States Armed Forces. SEC. 743. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $34,200,000. SEC. 743A. None of the funds provided in this Act shall be available for the planning or execution of programs which utilize amounts credited to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the Arms Export Control Act representing payment for the actual value of defense articles specified in section 21(aKl) of that Act: Provided, That such amounts so credited shall be deposited in the Treasury as miscella- neous receipts as provided in section 3302(b) of title 31, United States Code. SEC. 744. No appropriation contained in this Act shall be available to fund any costs of a Senior Reserve Officers' Training Corps unit— except to complete training of personnel enrolled in Military Sci- ence 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1983, en- rolled less than (a) seventeen students where the institution pre- scribes a four-year or a combination four- and two-year program; or (b) twelve students where the institution prescribes a two-year program: Provided, That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers' Training Corps unit in each State and at each State-operated mari- time academy: Provided further. That units under the consortium system shall be considered as a single unit for purposes of evalua- tion of productivity under this provision: Provided further, That enrollment standards contained in Department of Defense Directive 1215.8 for Senior Reserve Officers' Training Corps units, as revised during fiscal year 1981, may be used to determine compliance with this provision, in lieu of the standards cited above. SEC. 745. (a) None of the funds appropriated by this Act or available in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designated post of duty, or in the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when ade- quate Government quarters are available, but are not occupied by such person. (b) The limitation set forth in subsection (a) is not applicable to employees whose duties require official travel in excess of fifty

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1447 percent of the total number of the basic administrative work weeks during the current fiscal year. SEC. 746. (a) None of the funds appropriated by this Act shall be available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, if the provisions of section 6330(d) of title 10, are utilized in determining such member's eligibility for retirement under section 6330(b) of title 10: Provided, That notwithstanding the foregoing, time creditable as active serv- ice for a completed minority enlistment, and an enlistment termi- nated within three months before the end of the term of enlistment under section 6330(d) of title 10, prior to December 31, 1977, may be utilized in determining eligibility for retirement: Provided further. That notwithstanding the foregoing, time may be credited as active service in determining a member's eligibility for retirement under section 6330(b) of title 10 pursuant to the provisions of the first sentence of section 6330(d) of title 10 for those members who had formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977. (b) None of the funds appropriated by this Act shall be available to pay that portion of the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, which is attributable under the second sentence of section 6330(d) of title 10 to time which, after December 31, 1977, is not actually served by such member. SEC. 747. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current flsc^ year, except for: (a) funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1985; and (b) funds appropriated for Headquarters Construction, which shall remain available until Sep- tember 30, 1988. SEC. 748. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 749. None of the funds appropriated by this Act may be used to support more than 9,901 full-time and 2,603 part-time military personnel assigned to or used in the support of Morale, Welfare, and Recreation activities as described in Department of Defense Instruc- tion 7000.12 and its enclosures, dated September 4, 1980. SEC. 750. All obligations incurred in anticipation of the appropri- ations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. SEC. 751. None of the funds provided by this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. SEC. 752. None of the funds appropriated by this Act shall be used for the provision, care or treatment to dependents of members or former members of the Armed Services or the Department of De- fense for the elective correction of minor dermatological blemishes and marks or minor anatomical anomalies. Transferred enlisted members, retainer pay. CIA programs, fiscal year funding limitation. CIA salaries, limitation. Morale, welfare, and recreation activities. Abortion funding, restriction.

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 97 STAT. 1448 PUBLIC LAW 98-212 —DEC. 8, 1983 Claim payments to Federal Republic of Germany Debt recovery contracts. Procureme nt limitation. Foreign military and diplomatic personnel, medical care. Second caree r training program. 94 Stat. 1150. SEC. 753. None of the funds appropriated by this Act shall be available for the purchase of insignia for resale unless the sales price of such insignia is adjusted to the extent necessary to recover the cost of purchase of such insignia and the estimated cost of all related expenses, including but not limited to management, storage, handling, transportation, loss, disposal of obsolete material, and management fees paid to the military exchange systems: Provided, That amounts derived by the adjustment covered by the foregoing limitations may be credited to the appropriations against which the charges have been made to recover the cost of purchase and related expense. SEC. 754. None of the funds appropriated by this Act or heretofore appropriated by any other Act shall be obligated or expended for the payment of anticipatory possession compensation claims to the Fed- eral Republic of Germany other than claims listed in the 1973 agreement (commonly referred to as the Global Agreement) between the United States and the Federal Republic of Germany. SEC. 755. During the current fiscal year the Department of De- fense may enter into contracts to recover indebtedness to the United States pursuant to section 3718 of title 31, United States Code, and any such contract entered into by the Department of Defense may provide that appropriate fees charged by the contractor under the contract to recover indebtedness may be payable from amounts collected by the contractor to the extent and under the conditions provided under the contract. SEC. 755A. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure- ment determines: (a) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work, or (b) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source, or (c) where the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 756. None of the funds appropriated by this Act shall be available to provide medical care in the United States on an inpa- tient basis to foreign military and diplomatic personnel or their dependents unless the Department of Defense is reimbursed for the costs of providing such care: Provided, That reimbursements for medical care covered by this section shall be credited to the appro- priations against which charges have been made for providing such care. SEC. 757. None of the funds appropriated by this Act shall be obligated for the second career training program authorized by Public Law 96-347.

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Page:United States Statutes at Large Volume 97.djvu/1481

 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1449 SEC. 758. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses during the current fiscal year for the purposes of demili- tarization of surplus nonautomatic firearms less than.50 caliber. SEC. 759. During the current fiscal year, not to exceed $125,000,000 of the funds provided in this Act for the Civilian Health and Medical Program of the Uniformed Services may be used to conduct a test program in accordance with the following guidelines: In carrying out the provisions of sections 1079 and 1086 of title 10, United States Code, the Secretary of Defense, after consulting with the Secretary of Health and Human Services, may contract with organizations that assume responsibility for the maintenance of the health of a defined population, for the purpose of experiments and demonstra- tion projects designed to determine the relative advantages and disadvantages of providing pre-paid health benefits: Provided, That such projects must be designed in such a way as to determine methods of reducing the cost of health benefits provided under such sections without adversely affecting the quality of care. Except as provided otherwise, the provisions of such a contract may deviate from the cost-sharing arrangements prescribed and the types of health care authorized under sections 1079 and 1086, when the Secretary of Defense determines that such a deviation would serve the purpose of this section. SEC. 760. None of the funds provided in this Act shall be available to initiate (Da multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000 or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procure- ment in excess of $20,000,000 in any one year, unless the Commit- tees on Appropriations and Armed Services of the Senate and House of Representatives have been notified at least thirty days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for major systems unless specifi- cally provided herein. For purposes of this provision, a major system is defined as a system or major assembly thereof whose eventual total expenditure for research, development, test, and evaluation is more than $200,000,000, or whose eventual total expenditure for procurement is more than $1,000,000,000. SEC. 761. None of the funds appropriated by this Act which are available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, or portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence: Provided, That if an enlisted member is in a travel status and is not entitled to receive a per diem in lieu of subsistence because the member is furnished meals in a Govern- ment mess, funds available to pay the basic allowance for subsist- ence to such a member shall not be used to pay that allowance, or pro rata portion of that allowance, for each day, or portion of a day, that such enlisted member is furnished meals in a Government mess. Pre-paid health benefits, demonstration projects. Multiyear procurement contracts, limitations. Travel allowances.

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Page:United States Statutes at Large Volume 97.djvu/1482

 97 STAT. 1450 PUBLIC LAW 98-212 —DEC. 8, 1983 Retired or retainer pay, limitation. 10 USC 1201 et seq. 10 USC 1331 et seq. 22 USC 2761. ehild advocacy and family counseling services. POMeus transportation. Transfer of m ili tary equipment or data to foreign country. SEC. 762. None of the funds appropriated by this Act shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1, 1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the compu- tation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Provided, That the foregoing limitation shall not apply to any member who before January 1, 1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; (b) is being processed for retirement under the provisions of chapter 61 of title 10 or who is on the temporary disability retired list and thereafter retired under the provisions of sections 1210(c) or (d) of title 10; or (c) is retired or in an inactive status and would be eligible for retired pay under the provisions of chapter 67 of title 10, but for the fact that the person is under 60 years of age. SEC. 762A. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(eKl)(C) of the Arms Export Control Act unless the Committees on Appropri- ations have been notified in advance of the proposed waiver. SEC. 763. Funds available to the Department of Defense during the current fiscal year shall be available to continue a program to provide child advocacy and family counseling services to deal with problems of child and spouse abuse. SEC. 764. None of the funds appropriated by this Act shall be available for the transportation of equipment or materiel designated as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets: Provided, That the foregoing limitation shall not apply with respect to any item of equipment or materiel which is maintained in the inventories of the Active and Reserve Forces at levels of at least 70 per centum of the established requirements for such an item of equipment or materiel for the Active Forces and 50 per centum of the established requirement for the Reserve Forces for such an item of equipment or materiel: Provided further. That no additional commitments to the establish- ment of POMCUS sites shall be made without prior approval of Congress. SEC. 765. (a) None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufac- ture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved. (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and oper- ated defense plant manufacturing large caliber cannons to any foreign government, nor for assisting any such government in pro- ducing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated defense plant manufacturing large caliber cannons. (c) None of the funds in this Act shall be used, in any way, directly or indirectly, to sell or otherwise provide the AN/SQR-19 Towed Array Sonar to any foreign country, directly or indirectly, including any administrative and military and civilian personnel costs in

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Page:United States Statutes at Large Volume 97.djvu/1483

 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1451 connection with the arrangement of the sale of the AN/SQR-19 Towed Array Sonar to any foreign country. SEC. 766. None of the funds appropriated in this Act may be made available through transfer, reprograming, or other means for any intelligence or special activity different from that previously justi- fied to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appro- priations Committees of the intent to make such funds available for such activity. SEC. 767. Of the funds appropriated by this Act for strategic programs, the Secretary of Defense shall provide funds for the Advanced Technology Bomber program at a level at least equal to the amount provided by the committee of conference on this Act in order to maintain priority emphasis on this program. SEC. 767A. None of the funds available to the Department of Defense during the current fiscal year shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available. SEC. 768. None of the funds available to the Department of Defense shall be available for the procurement of manual type- writers which were manufactured by facilities located within States which are Signatories to the Warsaw Pact. SEC. 769. None of the funds appropriated by this Act may be used to appoint or compensate more than 37 individuals in the Depart- ment of Defense in positions in the Executive Schedule (as provided in sections 5312-5316 of title 5, United States Code). SEC. 770. None of the funds appropriated by this Act shall be available to convert a position in support of the Army Reserve, Air Force Reserve, Army National Guard, and Air National Guard occupied by, or programed to be occupied by, a military technician to a position to be held by a person in an active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programed to be occupied by, military technicians of the component concerned, below the number of positions occupied by military technicians in that component on September 30, 1982: Provided, That none of the funds appropriated by this Act shall be available to support more than 28,108 positions in support of the Army Reserve or Army National Guard X)ccupied by, or programed to be occupied by, persons in an active Guard or Reserve status: Provided further, That none of the funds appropriated by this Act shall be available to support more than 25,714 positions occupied by, or programed to be occupied by, persons in an active Reserve or Guard status in support of the Army Reserve or Army National Guard after February 1, 1984: Provided further, That none of the funds appropriated by this Act may be used to include military technicians in computing civilian personnel ceilings, including stat- utory or administratively imposed ceilings, on activities in support of the Army Reserve, Air Force Reserve, Army National Guard or Air National Guard. SEC. 771. None of the funds provided in this Act may be used to impose civilian personnel ceilings on Department of Defense indus- trially funded activities: Provided, That any increase in civilian personnel of such industrial funds in excess of the number employed on September 30, 1982, shall not be counted for the purposes of any statutory or administratively imposed civilian personnel ceiling otherwise applicable during fiscal year 1984. Intelligence or special activity. Advanced Technology Bomber program. Coal or coke purchases. Executive Schedule employees. Military technicians. Civilian personnel ceilings.

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Page:United States Statutes at Large Volume 97.djvu/1484

 97 STAT. 1452 PUBLIC LAW 98-212—DEC. 8, 1983 Transfer of funds. 96 Stat. 1864. Foreign currency exchange rates. 10 USC 138 note. Nicaraguan military or paramilitary operations. Indian labor and products. Aircraft or vehicle leasing. Funding prohibited to influence Congress. Small business bids or offers. SEC. 772. Appropriations or funds available to the Department ol Defense during the current fiscal year may be transferred to appro- priations provided in this Act for research, development, test, and evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred. SEC. 773. The proviso contained in section 790 of the Department of Defense Appropriation Act, 1983, as enacted in Public Law 97-377 is hereby repealed. SEC. 774. During the current fiscal year and subsequent fiscal years, for the purposes of the appropriation "Foreign Currency Fluctuations, Defense" the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency ex- change rates as adjusted or modified, as reflected in applicable Committee reports on this Act. SEC. 775. During fiscal year 1984, not more than $24,000,000 of the funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual. SEC. 775A. SO far as may be practicable, Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of Defense: Provided, That the products must meet pre-set contract specifica- tions. SEC. 776. None of the funds made available by this Act shall be used in any way for the leasing to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Depart- ment of Defense when suitable aircraft or vehicles are commercially available in the private sector: Provided, That nothing in this section shall affect authorized and established procedures for the sale of surplus aircraft or vehicles: Provided further, That nothing in this section shall prohibit such leasing when specifically authorized in a subsequent Act of Congress. SEC. 777. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. SEC. 778. No funds available to the Department of Defense during the current fiscal year may be used to enter into any contract with a term of three years or more, inclusive of any option for contract extension or renewal, for any vessels, aircraft or vehicles, through a lease, charter, or similar agreement, that imposes an estimated termination liability (excluding the estimated value of the leased item at the time of termination) on the Government exceeding 50 per centum of the original purchase value of the vessel, aircraft, or vehicle involved for which the Congress has not specifically provided authority in an appropriation Act for the obligation of 10 per centum of such termination liability. SEC. 779. None of the funds appropriated by tnis Act may be obligated or expended to formulate or to carry out any requirement that, in order to be eligible to submit a bid or an offer on a Department of Defense contract to be let for the supply of commer- cial or commercial-type products, a small business concern (as

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Page:United States Statutes at Large Volume 97.djvu/1485

 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1453 defined pursuant to section 3 of the Small Business Act) must (1) demonstrate that its product is accepted in the commercial market (except to the extent that may be required to evidence compliance with the Walsh-Healey Public Contracts Act), or (2) satisfy any other prequalification to submitting a bid or an offer for the supply of any such product. SEC. 779A. None of the funds appropriated in this Act may be obligated or expended in any way for the purpose of the sale, lease, rental, or excessing of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. SEC. 780. None of the funds made available by this Act shall be available to operate in excess of 247 commissaries in the contiguous United States. SEC. 781. None of the funds provided in this Act shall be used to procure aircraft ejection seats manufactured in any foreign nation that does not permit United States manufacturers to compete for ejection seat procurement requirements in that foreign nation. SEC. 782. No more than $203,322,000 of the funds appropriated by this Act shall be available for the payment of unemployment com- pensation benefits. SEC. 783. None of the funds appropriated by this Act should be obligated for the pay of any individual who is initially employed after the date of enactment of this Act as a technician in the administration and training of the Army Reserve and the mainte- nance and repair of supplies issued to the Army Reserve unless such individual is also a military member of the Army Reserve troop program unit that he or she is employed to support. Those techni- cians employed by the Army Reserve in areas other than Army Reserve troop program units need only be members of the Selected Reserve. SEC. 784. Notwithstanding any other provision of law, the Export- Import Bank of the United States may transfer to the Depart- ment of the Air Force, specifically for the Air National Guard, if requested, without reimbursement, five (")) DC-10 aircraft and associated spare parts in the possession of the Bank as a result of a default of a borrower from the Bank. SEC. 785. None of the funds appropriated by this Act may be obligated or expended to adjust a base period under section 1079(hK2) of title 10, United States Code, more frequently than the Secretary of Defense considers appropriate. SEC. 786. None of the funds appropriated by this Act shall be available to pay Variable Housing Allowance pursuant to section 403(a) title 37, United States Code, in amounts that exceed the amount of Variable Housing Allowance to which the member would otherwise be entitled under section 403(a), title 37, United States Code, minus the difference between the amount of Beisic Allowance for Quarters such member is receiving and the Basic Allowance for Quarters payable to a member of the same rank and grade on September 30, 1983. SEC. 787. None of the funds available to the Department of Defense shall be used to adjust any contract price for amounts set forth in any shipbuilding claim, request for equitable adjustment, or demand for payment or incurred due to the preparation, submission, or adjudication of any such shipbuilding claim, request, or demand under a contract entered into after the date of enactment of this Act, arising out of events occurring more than eighteen months prior to the submission of such shipbuilding claim, request, or 15 USC 632. 41 USC 85 note. Ft. DeRussy, Hawaii, land restriction. Unemployment benefit payments. Army reserve technicians. Housing allowances. Shipbuilding claims. 10 USC 2304 note.

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