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 97 STAT. 1396 PUBLIC LAW 98-209—DEC. 6, 1983 Extension period. Extension period. Waiver. Written recommenda- tion. authority with respect to the findings and the sentence. In the case of all other special courts-martial, the accused may make such a submission to the convening authority within 20 days after the sentence is announced. In the case of all summary courts-martial the accused may make such a submission to the convening authority within 7 days after the sentence is announced. If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the period— "(A) in the case of a general court-martial or a special court- martial which has adjudged a bad-conduct discharge, for not more than an additional 20 days; and "(B) in the case of all other courts-martial, for not more than an additional 10 days. "(2) In a summary court-martial case the accused shall be promptly provided a copy of the record of trial for usc in preparing a submission authorized by paragraph (1). "(3) In no event shall the accused in any general or special court- martial case have less than a 7-day period after the day on which a copy of the authenticated record of trial has been given to him within which to make a submission under paragraph (1). The convening authority or other person taking action on the case, for good cause, may extend this period for up to an additional 10 days. "(4) The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority. "(c)(1) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Secretary concerned, a commissioned officer com- manding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. "(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary con- cerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) and, if appli- cable, under subsection (d), or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. "(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may— "(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or "(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. "(d) Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommen-

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1397 Extension period. dation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall usc such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who shall have five days from the date of receipt in which to submit any matter in response. The convening authority or other person taking action under this section, for good cause, may extend that period for up to an additional 20 days. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. "(e)(l) The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing. "(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, how- ever, may a proceeding in revision— "(A) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; "(B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or "(C) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. "(3) A rehearing may be ordered by the convening authority or Rehearing. other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehear- ing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "860. 60. Action by the convening authority.". (b)(l) Section 861 (article 61) is amended to read as follows: "§ 861. Art. 61. Waiver or withdrawal of appeal "(a) In each case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under section 860(c) of this title (article 60(c)) is served on the accused or on defense counsel. The convening authority or other person taking Extension period. 10 USC 861. Post, p. 1402. Ante, p. 1395.

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 97 STAT. 1398 PUBLIC LAW 98-209—DEC. 6, 1983 Ante, p. 1395. Post, p. 1402. 10 USC 862. Written notice. Submittal to Court of Military Review. 10 USC 863. such action, for good cause, may extend the period for such filing by not more than 30 days. "(b) Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may withdraw an appeal at any time. "(c) A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 866 or 869(a) of this title (article 66 or 69(a)).". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "861. 61. Waiver or withdrawal of appeal.". (c)(1) Section 862 (article 62) is amended to read as follows: "§ 862. Art. 62. Appeal by the United States "(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal an order or ruling of the military judge which terminates the proceedings with respect to a charge or specifi- cation or which excludes evidence that is substantial proof of a fact material in the proceeding. However, the United States may not appeal an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification. "(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding, "(3) An appeal under this section shall be diligently prosecuted by appellate Government counsel. "(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Military Review may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)). "(c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delav with the knowledge that it was totally frivolous and without merit.'. (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "862. 62. Appeal by the United States.". (d) Section 863 (article 63) is amended— (1) by striking out subsection (a); and (2) in subsection (b)— (A) by striking out "(b)"; (B) by inserting "under this chapter" after "Each rehear- ing"; and

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 4. ‘A Visitation and Warning,’ London, 1662, 4to. 5. ‘A General Epistle to Friends in England and Holland,’ 1665–6; several small epistles and testimonies. 6. ‘A Brief Testimony against Friends wearing of Perriwigs’ (posthumous), 1708.

[Barclay's Inner Life of the Commonwealth, p. 372; Piety Promoted, 1789, ii. 91; Besse's Sufferings, i. 332, 365, 651, 654; Smith's Catalogue, ii. 949; Swarthmore MSS. and Registers at Devonshire House, E.C.]

WOLRICH or WOLRYCHE, THOMAS (1598–1668), baronet, royalist, sprang from a Cheshire family which acquired the estate of Dudmaston in Shropshire in the twelfth century, and was thenceforth identified with that county. The deed of grant is said to be one of the oldest private deeds in England. It is reproduced in Eyton's ‘Antiquities of Shropshire’ (iii. 185). The pedigree is extant from 1279. Thomas was the third in descent from John Wolryche, who married ‘the Fair Maid of Gatacre,’ Mary, daughter of John Gatacre of that place, and was the son of Francis Wolryche (d. 1614) and of Margaret his wife, daughter of George Bromley of Hallon in Shropshire. He was baptised at Worfield on 27 March 1598. On his epitaph he is stated to have received his education at Cambridge, where he studied assiduously, paying especial attention to geometry, history, and heraldry.

He was admitted to the Inner Temple on 11 Oct. 1615, and afterwards represented the borough of Much Wenlock in the parliaments of 1621 (elected 2 Jan.), 1624, and 1625 (elected 2 May). On the breaking out of the civil war he was captain of militia and deputy lieutenant for the county. At his own expense he raised a regiment of which he was colonel, his son Thomas filling the post of captain. He also held the post of governor of Bridgnorth. On 22 July 1641 he was knighted at Whitehall, and on 4 Aug. following was created a baronet. In May 1643 Lord Capel, lieutenant-general of Shropshire, Cheshire, and North Wales, ordered him to draw all his forces of trained bands round about the town of Bridgnorth, and to construct fortifications for its defence where he should ‘think fit to appoint,’ with the help of ‘all the men of this towne.’ He laid down arms before 1645, and afterwards conformed to the parliament. On 30 March 1646 he petitioned to compound for his estate, and with much difficulty obtained an order from the commons for the removal of the sequestration and pardon for his delinquency on 4 Sept. 1648. He was still in difficulties in the matter in 1652.

He died on 4 July 1668, and was buried in the Wolryche mortuary chapel at St. Andrew's Church, Quatt. There is a contemporary life-size portrait of him at Dudmaston, with the castle of Bridgnorth and troops engaged in the background.

Wolrich married, in 1625, Ursula, daughter of Thomas Ottley of Pitchford, by whom he had twelve children, of whom four sons and three daughters survived him. The baronetcy became extinct in 1723 on the death of Sir John Wolryche, great-grandson of Sir Thomas, who was drowned when attempting to ford the Severn, and the estate then passed into his mother's hands, and through her to the Whitmores of Southampton, from whom the present owner, F. H. Wolryche-Whitmore, is lineally descended.

[Visitation of Shropshire (Harl. Soc. Publ.), xxix. 509; Burke's Extinct Baronetage; Blakeway's Sheriffs of Shropshire, pp. 168–9; Official Lists of Memb. of Parl. i. 452, 459–65; Metcalfe's Book of Knights, p. 197; Bellett's Antiquities of Bridgenorth, pp. 142–3; Cal. of Committee for the Advance of Money, pp. 868–9; Commons' Journals, vi. 4; Lords' Journals, x. 331; P. C. C. Hene 149; Epitaph at Quatt; information from the Rev. H. B. Wolryche-Whitmore.]

WOLSELEY, CHARLES (1630?–1714), politician, son of Sir Robert Wolseley of Wolseley, Staffordshire (created a baronet 24 Nov. 1628), by Mary, daughter of Sir George Wroughton, knight, of Walcot, Wiltshire, was born about 1630. William Wolseley (1640?–1697) [q. v.] was his younger brother. Sir Robert Wolseley took the side of the king during the civil war, and died on 21 Sept. 1646, while his estate was under sequestration. In October 1647 Sir Charles Wolseley on payment of 2,500l. obtained the discharge of the estate from sequestration. He is described in the petition presented on his behalf as then sixteen years of age (Calendar of Committee for Compounding, p. 1771; Commons' Journals, v. 328; Lords' Journals, ix. 492). On 12 May 1648 Wolseley married, at Hanworth, Middlesex, Anne, the youngest daughter of William Fiennes, first viscount Saye and Sele [q. v.], a connection which helps to account for his religious opinions and his political career. In July 1653 he was one of the representatives of Oxfordshire in the so-called ‘Little parliament’ summoned by Cromwell, and was chosen a member of both the councils of state which that body appointed (Old Parl. Hist. xx. 178; Commons' Journals, vii. 285, 344). In December 1653 Wolseley was one of the spokesmen of the party which wished to put


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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1399 10 USC 871. Death sentence. (C) by inserting at the end thereof the following: "If the sentence approved after the first court-martial was in ac- cordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agree- ment, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.", (e) Section 871 (article 71) is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following: "(a) If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit. That part of the sentence providing for death may not be suspended."; (2) in subsection (b), by striking out the first and second Dismissal sentences and inserting in lieu thereof the following: "If in the case of a commissioned officer, cadet, or midshipman, the sen- tence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as he sees fit."; and (3) by striking out subsections (c) and (d) and inserting in lieu thereof the following: "(c)(l) If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death or dismissal, approval under subsection (a) or (b), as appropriate). A judgment as to legality Review, of the proceedings is final in such cases when review is completed by a Court of Military Review and— "(A) the time for the accused to file a petition for review by the Court of Military Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court; "(B) such a petition is rejected by the Court of Military Appeals; or "(C) review is completed in accordance with the judgment of the Court of Military Appeals and— "(i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; "(ii) such a petition is rejected by the Supreme Court; or "(iii) review is otherwise completed in accordance with the judgment of the Supreme Court. "(2) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title Sentences. Final judgment. Ante, p. 1397.

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 97 STAT. 1400 PUBLIC LAW 98-209—DEC. 6, 1983 (article 61), that part of the sentence extending to dismissal or a bad- conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action on that review) Post, p. 1401. under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under sec- Ante, p. 1395. tion 860 of this title (article 60) when approved by him under that section. Suspension. «(d) fhe convening authority or other person acting on the case under section 860 of this title (article 60) may suspend the execution of any sentence or part thereof, except a death sentence.". 10 USC 857. (f) Subsection (a) of section 857 (article 57(a)) is amended to read as follows: "(a) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).". 10 USC 876a. (g) Section 876a (article 76a) is amended— (1) by striking out "864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction" and inserting in lieu thereof "860 of this title (article 60)"; and (2) by striking out "by the officer exercising general court- martial jurisdiction" in the second sentence and inserting in lieu thereof "under section 860 of this title (article 60)". (h)(1) The table of subchapters at the beginning of chapter 47 is amended by striking out the item relating to subchapter IX and inserting in lieu thereof the following: "IX. Post-trial Procedure and Review of Courts-Martial 859 59". (2) The subchapter heading at the beginning of subchapter IX is amended to read as follows: "SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL". 10 USC 801. "Record." 10 USC 849. 10 USC 854. RECORD OF TRIAL SEC. 6. (a) Section 801 (article 1) is amended by adding at the end thereof the following new clause: "(14) 'Record', when used in connection with the proceedings of a court-martial, means— "(A) an official written transcript, written summary, or other writing relating to the proceedings; or "(B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.". (b) Subsections (d) and (1) of section 849 (article 49) are each amended by inserting after "read in evidence" the following: "or, in the case of audiotape, videotape, or similar material, may be played in evidence". (c) Section 854 (article 54) is amended— (1) in subsection (a), by striking out the last sentence; (2) in subsection (b), by striking out "shall contain the matter and"; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new sub- section: "(c)(1) A complete record of the proceedings and testimony shall be prepared—

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1401 "(A) in each general court-martial case in which the sentence adjudged includes death, a dismissal, a discharge, or (if the sentence adjudged does not include a discharge) any other punishment which exceeds that which may otherwise be ad- judged by a special court-martial; and "(B) in each special court-martial case in which the sentence adjudged includes a bad-conduct discharge. "(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the President.". (d)(1) Section 865 (article 65) is amended to read as follows: 10 USC 865. "§ 865. Art. 65. Disposition of records "(a) In a case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)) in which the right to such Post, p. 1402. review is not waived, or an appeal is not withdrawn, under section 861 of this title (article 61), the record of trial and action thereon Ante, p. 1397. shall be transmitted to the Judge Advocate General for appropriate action. "(b) Except as otherwise required by this chapter, all other records of trial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation.". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "865. 65. Disposition of records.". REVIEW OF COURTS-MARTIAL AND RELATED MATTERS SEC. 7. (a)(1) Section 864 (article 64) is amended to read as follows: 10 USC 864. "§ 864. Art. 64. Review by a judge advocate "(a) Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Post, p. 1402. Secretary concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following: "(1) Conclusions as to whether— "(A) the court had jurisdiction over the accused and the offense; "(B) the charge and specification stated an offense; and "(C) the sentence was within the limits prescribed as a matter of law. "(2) A response to each allegation of error made in writing by the accused. "(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. "(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the

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 97 STAT. 1402 PUBLIC LAW 98-209—DEC. 6, 1983 time the court was convened (or to that person's successor in command) if— "(1) the judge advocate who reviewed the case recommends corrective action; Ante, p. 1395. "(2) the sentence approved under section 860(c) of this title (article 60(c)) extends to dismissal, a bad-conduct or dishonor- able discharge, or confinement for more than six months; or "(3) such action is otherwise required by regulations of the Secretary concerned. "(c)(l) The person to whom the record of trial and related docu- ments are sent under subsection (b) may— "(A) disapprove or approve the findings or sentence, in whole or in part; "(B) remit, commute, or suspend the sentence in whole or in part; "(C) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or "(D) dismiss the charges. "(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges. "(3) If the opinion of the judge advocate in the judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General Infra- for review under section 8690:)) of this title (article 69(b)).". (2) The item relating to such section (article) in the table of sections at the beginning of subchapter IX is amended to read as follows: "864. 64. Review by a judge advocate.". 10 USC 866. (b) Section 866(a) (article 66(a)) is amended by inserting after the second sentence the following new sentence: "Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules.", (c) Section 8660t)) (article 660>)) is amended to read as follows: "(b) The Judge Advocate General shall refer to a Court of Military Review the record in each case of trial by court-martial— "(1) in which the sentence, as approved, extends to death, dismissal of a commissioned officer, cadet, or midshipman, dis- honorable or bad-conduct discharge, or confinement for one year or more; and "(2) except in the case of a sentence extending to death, the right to appellate review has not been waived or an appeal has Ante, p. 1397. not been withdrawn under section 861 of this title (article 61).". 10 USC 867. (d) Section 867(b)(l) (article 67(b)(l)) is amended by striking out "affects a general or flag officer or". 10 USC 869. (e)(1) The text of section 869 (article 69) is amended to read as follows: "(a) The record of trial in each general court-martial that is not otherwise reviewed under section 866 of this title (article 66) shall be examined in the office of the Judge Advocate General if there is a finding of guilty and the accused does not waive or withdraw his right to appellate review under section 861 of this title (article 61). If any part of the findings or sentence is found to be unsupported in

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1403 law or if reassessment of the sentence is appropriate, the Judge Advocate General may modify or set aside the findings or sentence or both. If the Judge Advocate General so directs, the record shall be reviewed by a Court of Military Review under section 866 of this title (article 66), but in that event there may be no further review by the Court of Military Appeals except under section 867(b)(2) of this title (article 67(b)(2)). "(b) The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under section 866 of this title (article 66) may be modified or set aside, in whole or in part, by the Judge Advocate General on the ground of newly discovered evi- dence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the office of the Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under section 860(c) of this title (article 60(c)), unless the ^"'^^ P-1395. accused establishes good cause for failure to file within that time. "(c) If the Judge Advocate General sets aside the findings or Rehearing, sentence, he may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed. If the Judge Advocate General orders a rehearing but the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.". (2) The two-year period specified under the second sentence of 10 USC 869 note. section 869(b) (article 69(b)) of title 10, United States Code, as amended by paragraph (1), does not apply to any application filed in the office of the appropriate Judge Advocate General (as defined in section 801(1) of such title) on or before October 1, 1983. The application in such a case shall be considered in the same manner and with the same effect as if such two-year period had not been enacted. INCLUSION OF CONTROLLED SUBSTANCES IN PUNITIVE ARTICLES SEC. 8. (a) Subchapter X is amended by inserting after section 912 (article 112) the following new section (article): "§912a. Art. 112a. Wrongful use, possession, etc., of controlled 10 USC 9l2a. substances "(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs terri- tory of the United States, exports from the United States, or intro- duces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct. "(b) The substances referred to in subsection (a) are the following: "(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance. "(2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article.

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 97 STAT. 1404 PUBLIC LAW 98-209—DEC. 6, 1983 "(3) Any other substance not specified in clause (1) or con- tained on a list prescribed by the President under clause (2) that is listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).". (b) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 912 (article 112) the following new item: "912a. 112a. Wrongful use, possession, etc., of controlled substances.". THE CODE COMMITTEE 10 USC 867. SEC. 9. (a) Section 867(g) (article 67(g)) is amended— (1) by striking out "The Court of Military Appeals" and all that follows through "and report" and inserting in lieu thereof "(1) A committee consisting of the judges of the Court of Mili- tary Appeals, the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, the Director, Judge Advocate Division, Headquarters, United States Marine Corps, and two members of the public appointed by the Secretary of Defense shall meet at least annually. The commit- tee shall make an annual comprehensive survey of the oper- ation of this chapter. After each such survey, the committee shall report"; (2) by adding at the end thereof the following: "(2) Each member of the committee appointed by the Secretary of Defense shall be a recognized authority in military justice or crimi- nal law. Each such member shall be appointed for a term of three years. "(3) The Federal Advisorv Committee Act (5 U.S.C. App. I) shall not apply to the committee.'. (b)(l) The Secretary of Defense shall establish a commission to study and make recommendations concerning the following matters: (A) Whether the sentencing authority in court-martial cases should be exercised by a military judge in all noncapital cases to which a military judge has been detailed. (B) Whether military judges and the Courts of Military Review should have the power to suspend sentences. (C) Whether the jurisdiction of the special court-martial should be expanded to permit adjudgment of sentences includ- ing confinement of up to one year, and what, if any, changes should be made to current appellate jurisdiction. (D) Whether military judges, including those presiding at special and general courts-martial and those sitting on the Courts of Military Review, should have tenure. (E) What should be the elements of a fair and equitable retirement system for the judges of the United States Court of Military Appeals. Membership. (2) The commission shall consist of nine members, at least three of whom shall be persons from private life who are recognized authori- ties in military justice or criminal law. Report. (3) The commission shall prepare a comprehensive report in sup- port of its recommendations on the matters set forth in paragraph (1). The commission shall include in such report its findings and comments on the following matters: (A) The experience in the civilian sector with jury sentencing and judge-alone sentencing, with particular reference to consist- 5 USC app. eommission, establishment. Study and recommenda- tions. 10 USC 867 note.

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1405 ency, uniformity, sentence appropriateness, efficiency in the sentencing process, and impact on the rights of the accused. (B) The potential impact of mandatory judge-alone sentencing on the Armed Forces, with particular reference to consistency, uniformity, sentence appropriateness, efficiency in the sentenc- ing process, impact on the rights of the accused, effect on the participation of members of the Armed Forces in the military justice system, impact on relationships between judge advocates and other members of the Armed Forces, and impact on the perception of the military justice system by members of the Armed Forces, the legal profession, and the general public. (C) The likelihood of a reduction in the number of general court-martial cases in the event the confinement jurisdiction of the special court-martial is expanded; the additional protections that should be afforded the accused if such jurisdiction is ex- panded; whether the minimum number of members prescribed by law for a special court-martial should be increased; and whether the appellate review process should be modified so that a greater number of cases receive review by the military appel- late courts, in lieu of legal reviews presently conducted in the offices of the Judge Advocates General and elsewhere, espe- cially if the commission determines that the special court- martial jurisdiction should be expanded. (D) The effectiveness of the present systems for maintaining the independence of military judges and what, if any, changes are needed in these systems to ensure maintenance of an inde- pendent military judiciary, including a term of tenure for such judges consistent with efficient management of military judicial resources. (4) The commission shall transmit its report to the Committees on Armed Services of the Senate and the House of Representatives and to the committee established under section 867(g) (article 67(g)) of title 10, United States Code, not later than the first day of the ninth calendar month that begins after the date of the enactment of this Act. Not later than the first day of the third calendar month that begins after receipt of such report, the committee established under section 867(g) (article 67(g)) of such title shall submit such comments on the report as it considers appropriate to the Committees on Armed Services of the Senate and the House of Representatives and to the Secretary of Defense, the Secretaries of the military depart- ments, and the Secretary of Transportation. (5) The Secretary of Defense shall ensure that the commission is provided with appropriate and adequate office space, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (6) The Secretary shall ensure that the commission has reasonable access to information relevant to the study. Report to congressional committees. Ante, p. 1404. Report comments, submittal to congressional committees and departmental Secretaries. SUPREME COURT REVIEW SEC. 10. (a)(1) Chapter 81 of title 28, United States Code, is amended by adding at the end thereof the following new section:

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 97 STAT. 1406 PUBLIC LAW 98-209—DEC. 6, 1983 28 USC 1259. "§ 1259. Court of Military Appeals; certiorari "Decisions of the United States Court of Military Appeals may be reviewed by the Supreme Court by writ of certiorari in the following cases: "(1) Cases reviewed by the Court of Military Appeals under 10 USC 867. section 867(b)(1) of title 10. "(2) Cases certified to the Court of Military Appeals by the Judge Advocate General under section 867(b)(2) of title 10. "(3) Cases in which the Court of Military Appeals granted a petition for review under section 867(b)(3) of title 10. "(4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Military Appeals granted relief.". (2) The table of sections at the beginning of chapter 81 of such title is amended by adding at the end thereof the following new item: "1259. Court of Military Appeals; certiorari.". (b) Section 2101 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(g) The time for application for a writ of certiorari to review a decision of the United States Court of Military Appeals shall be as prescribed by rules of the Supreme Court.". 10 USC 866. (c)(1) Section 866(e) (article 66(e)) is amended by striking out "or the Court of Military Appeals" and inserting in lieu thereof "the Court of Military Appeals, or the Supreme Court". 10 USC 867. (2) Section 867 (article 67) is amended by adding at the end thereof the following new subsection: "(h)(1) Decisions of the Court of Military Appeals are subject to review by the Supreme Court by writ of certiorari as provided in Supra. section 1259 of title 28. The Supreme Court may not review by a writ of certiorari under such section any action of the Court of Military Appeals in refusing to grant a petition for review. "(2) The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28" 10 USC 870. (3)(A) Section 870(b) (article 70(b)) is amended by adding at the end thereof the following new sentence: "Appellate Government counsel may represent the United States before the Supreme Court in cases arising under this chapter when requested to do so by the Attorney General.". (B) Subsections (c) and (d) of such section are amended to read as follows: "(c) Appellate defense counsel shall represent the accused before the Court of Military Review, the Court of Military Appeals, or the Supreme Court— "(1) when requested by the accused; "(2) when the United States is represented by counsel; or "(3) when the Judge Advocate General has sent the case to the Court of Military Appeals. "(d) The accused has the right to be represented before the Court of Military Review, the Court of Military Appeals, or the Supreme Court by civilian counsel if provided by him.".

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1407 CORRECTION OF RECORDS; DISCHARGE REVIEW SEC. 11. (a) Section 1552 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(f) With respect to records of courts-martial and related adminis- trative records pertaining to court-martial cases tried or reviewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under subsec- 10 USC 801 et tion (a) may extend only to— "(1) correction of a record to reflect actions taken by review- ing authorities under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)); or "(2) action on the sentence of a court-martial for purposes of clemency.", (b) Section 1553 of such title is amended by adding at the end of 10 USC 1553. subsection (a) the following new sentence: "With respect to a dis- charge or dismissal adjudged by a court-martial case tried or re- viewed under chapter 47 of this title (or under the Uniform Code of Military Justice (Public Law 506 of the 81st Congress)), action under this subsection may extend only to a change in the discharge or dismissal or issuance of a new discharge for purposes of clemency.". EFFECTIVE DATE; CONFORMING AMENDMENT SEC. 12. (a)(1) The amendments made by this Act shall take effect 10 USC 801 note, on the first day of the eighth calendar month that begins after the date of enactment of this Act, except that the amendments made by sections 9, 11 and 13 shall be effective on the date of the enactment of this Act. The amendments made by section 11 shall only apply with respect to cases filed after the date of enactment of this Act with the boards established under sections 1552 and 1553 of title 10, United States Code. (2) The amendments made by section 3(c) and 3(e) do not affect the designation or detail of a military judge or military counsel to a court-martial before the effective date of such amendments. (3) The amendments made by section 4 shall not apply to any case in which charges were referred to trial before the effective date of such amendments, and proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. (4) The amendments made by sections 5, 6, and 7 shall not apply to any case in which the findings and sentence were adjudged by a court-martial before the effective date of such amendments. The proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. (5) The amendments made by section 8 shall not apply to any offense committed before the effective date of such amendments. Nothing in this provision shall be construed to invalidate the pros- ecution of any offense committed before the effective date of such amendments. (b) Section 7(b)(1) of the Military Justice Amendments of 1981 (95 Stat. 1089; 10 U.S.C. 706 note) is amended to read as follows: "(b)(1) The amendments made by section 2 shall apply to each member whose sentence by court-martial is approved on or after January 20, 1982—

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 97 STAT. 1408 PUBLIC LAW 98-209—DEC. 6, 1983 "(A) under section 864 or 865 (article 64 or 65) of title 10, Ante, p. 1401. United States Code, by the officer exercising general court- martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Ante, p. 1393. Justice Act of 1983; or "(B) under section 860 (article 60) of title 10, United States Ante, p. 1395. Code, by the officer empowered to act on the sentence on or after the effective date of the Military Justice Act of 1983.". TECHNICAL AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE SEC. 13. (a)(1) Clauses (11) and (12) of subsection (a) of section 802 10 USC 802. (article 802) are amended— (A) by striking out "the following:"; and (B) by inserting "the Commonwealth of before "Puerto Rico". (2) Subsection (b) of such section (article) is amended by striking out "of this section". 10 USC 815. (b)(1) The heading of section 815 (article 15) is amended to read as follows: "§ 815. Art. 15. Commanding officer's non-judicial punishment". (2) Subsection (b) of such section (article) is amended— (A) by striking out "of this section"; and (B) by striking out "subsection (b)(2)(A)" in clause (2)(H)(i) and inserting in lieu thereof "clause (A)". 10 USC 825. (c) Section 825(c)(2) (article 25(c)(2)) is amended by striking out "the word". 10 USC 867. (d) Section 867(a)(3) (article 67(a)(3)) is amended by inserting "Circuit" after "District of Columbia". Approved December 6, 1983. LEGISLATIVE HISTORY—S. 974: HOUSE REPORT No. 98-549 (Comm. on Armed Services). SENATE REPORT No. 98 -53 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 129 (1983): Apr. 28, considered and passed Senate. Nov. 16, considered and passed House, amended. Nov. 18, Senate concurred in House amendment.

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 PUBLIC LAW 98-210—DEC. 6, 1983 97 STAT. 1409 Public Law 98-210 98th Congress An Act To consolidate and authorize certain marine fishery programs and functions of the National Oceanic and Atmospheric Administration under the Department of Commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act". FISHERIES INFORMATION COLLECTION AND ANALYSIS SEC. 2. (a) There are authorized to be appropriated to the Depart- ment of Commerce to enable the National Marine Fisheries Service to carry out its Fisheries Information Collection and Analysis duties under law, $26,500,000 for fiscal year 1984. These moneys shall be used to fund those duties relating to fisheries information collection and analysis specified by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Act of May 11, 1938 (16 U.S.C. 755), and the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), the Act entitled, "An Act to promote the conservation of wildlife, fish, and game, and for other purposes", approved March 10, 1934 (16 U.S.C. 661 et seq.), and any other law involving such duties. These duties include, but are not limited to, collection analysis and dissemination of scientific data necessary to manage: marine fishery resources, marine mammals, endangered species, and their habitats. (b) This authorization shall be in addition to any Fisheries Infor- mation Collection Analysis moneys authorized under the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dec. 6, 1983 [S. 1099] National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act. FISHERIES CONSERVATION AND MANAGEMENT OPERATIONS SEC. 3. (a) There are authorized to be appropriated to the Depart- ment of Commerce to enable the National Marine Fisheries Service to carry out its fisheries conservation and management operations duties under law, $35,000,000 for fiscal year 1984. These moneys shall be used to fund those duties relating to fisheries conservation and management operations specified by the Fish and Wildlife Act of 1956(16 U.S.C.742a et seq.), the Act of May 11, 1938(16 U.S.C. 755), the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), and the Act entitled, "An Act to promote the conservation of wildlife, fish, and game, and for other purposes", approved March 10, 1934 (16 U.S.C. 661 et seq.), and any other law involving such duties. These duties include, but are not limited to, development, implementation, and enforcement of conservation and management measures to achieve continued optimum use of living marine resources; including hatch- 11-194O-85—46JQL3

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 97 STAT. 1410 PUBLIC LAW 98-210—DEC. 6, 1983 ery operations, fishery management plan activities, habitat conser- vation, and protected species management. (b) This authorization shall be in addition to any fisheries conser- vation and management moneys authorized under the Fishery Con- servation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Salmon and Steelhead Conservation Act of 1980 (16 U.S.C. 3301 et seq.), and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). FISHERIES STATE AND INDUSTRY ASSISTANCE PROGRAMS SEC. 4. (a) There are authorized to be appropriated to the Depart- ment of Commerce to enable the National Marine Fisheries Service to carry out its fisheries State and industry assistance program duties under law, $10,000,000 for fiscal year 1984. These moneys shall be used to fund those duties specified by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other law affecting State and industry fisheries assistance. These duties include, but are not limited to, financial assistance for fishing boats and fish processing plants, market development for fishery products, product quality and grants to States for improving management of interstate fisher- ies and stimulating fishery development. (b) This authorization shall be in addition to any fisheries State and industry assistance program moneys authorized under the Com- mercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779 et seq.), the Act entitled "An Act to authorize the Secretary of the Interior to initiate with several States a cooperative program for the conservation, development, and enhancement of the Nation's anadromous fish, and for other purposes", approved October 30, 1965 (16 U.S.C. 757a et seq.), the Central, Western, and South Pacific Fishery Development Act (16 U.S.C. 758e), and the Magnuson Fish- ery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). PAY INCREASE AUTHORIZATIONS SEC. 5. There are authorized to be appropriated to the Department of Commerce to enable the National Oceanic and Atmospheric Administration to carry out its duties indicated under this Act, such additional sums as may be necessary for increases in salary, pay, and other employee benefits authorized by law. FREIGHT FORWARDER AMENDMENTS SEC. 6. Subsection (c) of section 1608 of the Act of August 13, 1981 46 USC 801, 801 (95 Stat. 752) is repealed. note. COASTWISE VESSELS Documentation. SEC. 7. (a) That, notwithstanding the failure of the vessel named Ante, p. 586. below to meet the requirements contained in 46 U.S.C. 12105, 46 Ante, pp. 586, U.S.C. 12106, and 46 U.S.C. 12107, and section 27 of the Merchant ^^"^ Marine Act, 1920, as amended (46 App. U.S.C. 883), on the date of this Act, the Secretary of the department in which the Coast Guard is operating shall cause the vessel Protector Alpha, Official Number

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 PUBLIC LAW 98-210—DEC. 6, 1983 97 STAT. 1411 394610, to be documented as a vessel of the United States with the privilege of engaging in the coastwise trade, if (1) such vessel complies with all other requirements of law and (2) all repairs and modifications totalling at least $3,000,000 are performed on such vessel in a shipyard in the United States. Approved December 6, 1983. LEGISLATIVE HISTORY—S. 1099: SENATE REPORT No. 98-80 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): June 15, considered and passed Senate. Nov. 16, considered and passed House, amended. Nov. 18, Senate concurred in House amendment.

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 97 STAT. 1412 PUBLIC LAW 98-211—DEC. 8, 1983 Public Law 98-211 98th Congress Dec. 8, 1983 [H.R. 1035] Education Consolidation and Improvement Act of 1981, amendment. 20 USC 3804. 20 USC 2761, 2771, 2781. 20 USC 3803. 20 USC 3804. Public availability. An Act To make certain technical amendments to improve implementation of the Education Consolidation and Improvement Act of 1981, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, STATE PROGRAM DESIGN SECTION 1. (a) Section 555(b) of the Education ConsoHdation and Improvement Act of 1981 (Public Law 97-35; 20 U.S.C. 3801 et seq.) (hereafter in this Act referred to as "the Act") is amended to read as follows: "(b) PROGRAM DESIGN. —State agency programs shall be designed to serve migratory children of migratory agricultural workers or of migratory fishermen, handicapped children, and neglected and de- linquent children (as described in subparts 1, 2, and 3, respectively, of part B of title I of the Elementary and Secondary Education Act of 1965) in accordance with section 554(a)(2) and the other applicable requirements of this chapter. The Secretary shall continue to usc the definitions of 'agricultural activity', 'currently migratory child', and 'fishing activity' which were in effect on June 30, 1982, in regulations prescribed under subpart 1 of part B of title I of the Elementary and Secondary Education Act of 1965. No additional definition of 'migratory agricultural worker' or 'migratory fisher- man' may be applied after the date of enactment of this subsection to such subpart 1.". (b) Section 555 of the Act is amended by adding at the end thereof the following new subsection: "(e) EVALUATION.—Each State educational agency shall— "(1) conduct an evaluation of the programs assisted under this chapter at least every two years and shall make public the results of that evaluation; and "(2) collect data on the race, age, and gender of children served by the programs assisted under this chapter and on the number of children served by grade-level under the programs assisted under this chapter.". APPLICATIONS 20 USC 3805. SEC. 2. (a) Section 556(b) of the Act is amended by inserting "or" at the end of paragraph (I)(A), by striking out "or" at the end of paragraph (I)(B), and by striking out paragraph (I)(C). (b) Section 556 of the Act is amended by adding at the end thereof the following: "(c) EXEMPTION FROM TARGETING. —The requirements of subsec- tion (b)(1) shall not apply in the case of a local educational agency with a total enrollment of less than one thousand children, but this subsection does not relieve such an agency from the responsibility to serve children under the assurances set forth in subsection (b)(2).".

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 PUBLIC LAW 98-211—DEC. 8, 1983 97 STAT. 1413 (c) Clause (2) of section 556(b) of the Act is amended by striking all that follows "areas," in such clause and inserting in lieu thereof "requires, among the educationally deprived children selected, the inclusion of those children who have the greatest need for special assistance, and determines the needs of participating children with sufficient specificity to ensure concentration on those needs;". (d) Clause (4) of section 556(b) of the Act is amended by inserting before the semicolon a comma and the following: "and that the results of such evaluation will be considered by such agency in the improvement of the programs and projects assisted under this chap- ter; and". 20 USC 3805. FLEXIBILITY TO CONTINUE TITLE I TYPE EXPENDITURES SEC. 3. Section 556 of the Act is further amended by adding at the end thereof the following new subsection: " (d) LOCAL EDUCATIONAL AGENCY DISCRETION. —Notwithstanding subsection (b)(1) of this section, a local educational agency shall have discretion to make educational decisions which are consistent with achieving the purposes of this chapter as set forth in this subsection, as follows: "(1) A local educational agency may designate any school attendance area in which at least 25 per centum of the children are from low-income families as an eligible school attendance area. "(2) A local educational agency may, with the approval of the State educational agency, designate as eligible (and serve) school attendance areas with substantially higher numbers or percentages of educationally deprived children before school attendance areas with higher concentrations of children from low-income families, but this provision shall not permit the provision of services to more school attendance areas than could otherwise be served. A State educational agency shall approve such a proposal only if the State educational agency finds that the proposal will not substantially impair the delivery of com- pensatory education services to educationally deprived children from low-income families in project areas served by the local educational agency. "(3) Funds received under this chapter may be used for educationally deprived children who are in a school which is not located in an eligible school attendance area when the propor- tion of children from low-income families in average daily attendance in such school is substantially equal to the propor- tion of such children in an eligible school attendance area of such agency. "(4) If an eligible school attendance area or eligible school was so designated in accordance with subsection (b)(l)(A) in either of two preceding fiscal years, it may continue to be so designated for a single additional fiscal year even though it does not qualify in accordance with subsection (b)(l)(A). "(5) With approval of the State educational agency, eligible school attendance areas or eligible schools which have higher proportions of children from low-income families may be skipped if they are receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this chapter, but (A) the number of children attending private elementary and secondary schools who receive services Ante, p. 1412. Eligible school attendance area. Educationally deprived children.

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 97 STAT. 1414 PUBLIC LAW 98-211—DEC. 8, 1983 Educational program, upgrade. 20 USC 2753. Public school personnel, duty assignment. Ante, p. 1413. 20 USC 3805. Public meeting. under this chapter shall be determined without regard to non- Federal compensatory education funds which serve eligible children in public elementary and secondary schools, and (B) children attending private elementary and secondary schools who receive assistance under this chapter shall be identified in accordance with this section and without regard to skipping public school attendance areas or schools under this paragraph. "(6) A child who, in any previous year, was identified as being in greatest need of assistance, and who continues to be educa- tionally deprived, but who is no longer identified as being in greatest need of assistance, may participate in a program or project assisted under this title for the current year. "(7) Educationally deprived children who begin participation in a program or project assisted under this chapter who, in the same school year, are transferred to a school attendance area or a school not receiving funds under this chapter, may continue to participate in a program or project funded under this chapter for the remainder of such year. "(8) The local educational agency is not required to usc funds under this chapter to serve educationally deprived children in greatest need of assistance if such children are receiving, from non-Federal sources, services of the same nature and scope as would otherwise be provided under this chapter. "(9) In the case of any school serving an attendance area that is eligible to receive services under this chapter and in which not less than 75 per centum of the children are from low-income families, funds received under this chapter may be used for a project designed to upgrade the entire educational program in that school in the same manner and only to the same extent as permitted under section 133(b) of the Elementary and Second- ary Education Act of 1965 (but without regard to paragraph (4) of such section). "(10) Public school personnel paid entirely by funds made available under this chapter may be assigned limited, rotating, supervisory duties which are assigned to similarly situated personnel who are not paid with such funds, and such duties need not be limited to classroom instruction or to the benefit of children participating in programs or projects funded under this chapter. Such duties may not exceed the same proportion of total time as is the case with similarly situated personnel at the same school site, or 10 per centum of the total time, whichever is less.". PARENTAL INVOLVEMENT SEC. 4. Section 556 of the Act is further amended by adding at the end thereof the following new subsection: "(e) PARENTAL INVOLVEMENT. —For the purposes of complying with the assurances given pursuant to subsection (b)(3) with respect to consultation with parents of participating children, (1) a local educational agency shall convene annually a public meeting, to which all parents of eligible students shall be invited, to explain to parents the programs and activities provided with funds made available under this chapter, and (2) if parents desire further activi- ties, the local educational agency may, upon request, provide reason- able support for such activities.'.

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 PUBLIC LAW 98-211 —DEC. 8, 1983 97 STAT. 1415 AREAS FOR SERVICES TO PRIVATE SCHOOLCHILDREN SEC. 5. Section 557(a) of the Act is amended by inserting "(1)," 20 USC 3806. immediately after "556(b)". APPLICATION OF NONSUPPLANTING RULE TO STATES SEC. 6. Section 558(b) of the Act is amended— 20 USC 3807. (1) by inserting "State educational agency or other State agency in operating its State level programs or a" before "local educational agency ' in the first sentence; and (2) by striking out "a local educational agency shall not be required" in the second sentence and inserting in lieu thereof "no State educational agency, other State agency, or local edu- cational agency shall be required". EXCLUSIONS OF SPECIAL PROGRAM FUNDS SEC. 7. Section 558(d) of the Act is amended— 20 USC 3807. (1) by striking out "if such programs are consistent with the purposes of this chapter" and inserting in lieu thereof "includ- ing compensatory education for educationally deprived children (which meets the requirements of section 131(c) of the Elemen- tary and Secondary Education Act of 1965)"; and 20 USC 2751. (2) by adding at the end thereof the following new sentence: "For the purpose of determining compliance with the requirements of subsection (c), a local educational agency may exclude State and local funds expended for— "(1) bilingual education for children of limited English proficiency, "(2) special education for handicapped children or children with specific learning disabilities, and "(3) certain State phase-in programs as described in section 131(d) of the Elementary and Secondary Education Act of 1965.". OVERLAP IN COUNTY BOUNDARIES SEC. 8. Section 558(e) of the Act is amended by striking out "In any 20 USC 3807. State" and inserting in lieu thereof "Notwithstanding section 111(a)(3)(C) of the Elementary and Secondary Education Act of 1965, 20 USC 2711. in any State". RESTRICTION OF EXPENDITURES TO MEETING EDUCATIONAL NEEDS SEC. 9. (a) Section 561(b) of the Act is amended by inserting before 20 USC 3811. the period at the end thereof the following: "and because they are the most likely to be able to design programs to meet the educa- tional needs of the students in their own districts". (b) Section 564(a) of the Act is amended— 20 USC 3814. (1) by striking out "and" at the end of paragraphs (5) and (6); (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: "(7) provides assurance that, apart from technical and advi- sory assistance and monitoring compliance with this chapter, the State educational agency has exercised and will exercise no influence in the decisionmaking processes of local educational

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 97 STAT. 1416 PUBLIC LAW 98-211 —DEC. 8, 1983 agencies as to the expenditures made pursuant to its application under section 566; and". 20 USC 3816. (c) Section 566(c) of the Act is amended by adding at the end thereof the following: "In exercising such discretion, it shall be the responsibility of each local educational agency to ensure that each expenditure of funds under this chapter is for the purpose of meet- ing the educational needs within the schools of that local educational agency.". PHASE-OUT AND TRANSITION EXPENSES 20 USC 3812. SEC. 10. Section 562(c) of the Act is amended by adding at the end thereof the following: "Until September 30, 1983, such funds may also be used to assist in phasing out programs described in section 20 USC 3811. 561(a) and in promoting an orderly transition to operations under this chapter. ". STATE ALLOTMENTS 20 USC 3813. SEC. 11. The first sentence of section 563(a) is amended by striking out "not to exceed". AUDIT REQUIREMENT FOR SMALL LOCAL EDUCATIONAL AGENCIES 20 USC 3814. SEC. 12. Section 564 of the Act is amended by adding at the end thereof the following new subsection: 31 USC 7305. " (c) Notwithstanding section 1745 of this Act, local educational agencies receiving less than an average $5,000 each year under this chapter need not be audited more frequently than once every five years.". REQUIREMENT FOR STATE CERTIFICATION OF LOCAL EDUCATIONAL AGENCY APPLICATIONS 20 USC 3816. SEC. 13. Section 566(a) of the Act is amended by striking out everything preceding paragraph (1) and inserting in lieu thereof the following: "SEC. 566. (a) A local educational agency may receive its allocation of funds under this chapter for any year for which its application to the State educational agency has been certified to meet the require- ments of this subsection. The State educational agency shall certify any such application if such application— ". SCHOOL LEVEL PROGRAMS 20 USC 3823. SEC. 14. Section 573(a) of the Act is amended by striking out "chapter" in the first sentence and inserting in lieu thereof "sub- chapter' STATE RULEMAKING 20 USC 3871. SEC. 15. Section 591 of the Act is amended by adding at the end thereof the following new subsection: "(d) Nothing in this subtitle shall be interpreted (1) to authorize State regulations, issued pursuant to procedures as established by State law, applicable to local educational agency programs or proj- ects funded under this subtitle, except as related to State audit and financial responsibilities, or (2) to encourage, preempt, or prohibit

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 PUBLIC LAW 98-211 —DEC. 8, 1983 97 STAT. 1417 regulations issued pursuant to State law which are not in conflict with the provisions of this subtitle. The imposition of any State rule or policy relating to the administration and operation of programs funded by this subtitle (including those based on State interpreta- tion of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement.". WITHHOLDING OF PAYMENTS SEC. 16. Section 592(a) of the Act is amended— (1) by striking out "on the record" in the first sentence; and (2) by adding at the end thereof the following new sentence: "A transcript or recording shall be made of any hearing con- ducted under this subsection and shall be available for inspec- tion by any person.". 20 USC 3872. JUDICIAL REVIEW SEC. 17. Section 593(b) of the Act is amended by inserting "and a 20 USC 3873. local educational agency" after "A State educational agency". APPLICATION OF GENERAL EDUCATION PROVISIONS ACT SEC. 18. (a) Section 596 of the Act is amended to read as follows: 20 USC 3876. "APPLICATION OF OTHER LAWS "SEC. 596. (a) Except as otherwise specifically provided by this section, the General Education Provisions Act shall apply to the programs authorized by this subtitle. "(b) The following provisions of the General Education Provisions Act shall be superseded by the specified provisions of this subtitle with respect to the programs authorized by this subtitle: "(1) Section 408(a)(l) of the General Education Provisions Act is superseded by section 591(a) of this subtitle. "(2) Section 426(a) of such Act is superseded by section 591(b) of this subtitle. "(3) Section 427 of such Act is superseded by section 556(b)(3) of this subtitle. "(4) Section 430 of such Act is superseded by sections 556(a) and 564(b) of this subtitle. "(5) Section 431A of such Act is superseded by section 558(a) of this subtitle. "(6) Section 453 of such Act is superseded by section 592 of this subtitle. "(7) Section 455 of such Act is superseded by section 593 of this subtitle with respect to judicial review of withholding of payments. "(c) Sections 434, 435, and 436 of the General Education Provisions Act, except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to the programs authorized by this subtitle and shall not be construed to authorize the Secretary to require any reports or take any actions not specifi- cally authorized by this subtitle.". (b) Section 406A(a) of the General Education Provisions Act, as added by the Education Amendments of 1974 (relating to responsi- bility of States to furnish information), is amended— 20 USC 1221. 20 USC 1221e-3. 20 USC 3871. 20 USC 1231c. 20 USC 1231d. 20 USC 3805. 20 USC 1231g. 20 USC 3805, 3814. 20 USC 1232-1. 20 USC 3807. 20 USC 1234b. 20 USC 3872. 20 USC 1234d. 20 USC 3873. 20 USC 1232c-1232e. 20 USC 1221e-la.

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 97 STAT. 1418 PUBLIC LAW 98-211 —DEC. 8, 1983 (1) by striking out paragraphs (3) and (4); (2) by inserting "and" at the end of paragraph (2); and (3) by redesignating paragraph (5) as paragraph (3). CONFORMING AND TECHNICAL AMENDMENTS TO TITLE I OF ESEA SEC. 19. (a) Title I of the Elementary and Secondary Education Act of 1965 is amended— 20 USC 2762. (1) in section 142(a) by striking out "subpart 3 of part A, other than sections 122, 123, and 126(d) thereof in paragraph (3) and inserting in lieu thereof "section 556 (other than subsection (b)(D) and section 558 of the Education Consolidation and Improvement Act of 1981"; and 20 USC 2772, (2) in sections 147 and 152(a), by striking out "subpart 3 of 2'782. part A, other than sections 122, 123, 125, 126(d), and 126(e) thereof and inserting in lieu thereof "section 556 (other than subsection (b)(D) and section 558 (other than subsection (c)) of the Education Consolidation and Improvement Act of 1981". (b) The amendments made by subsection (a) shall apply only with respect to funds for usc under the Education Consolidation and 20 USC 3801 Improvement Act of 1981. note. EXTENSION OF AUTHORIZATION FOR TITLE VII OF ESEA SEC. 20. Section 528 of the Omnibus Budget Reconciliation Act of 20 USC 3489. 1981 is amended— (1) by striking out "and" at the end of paragraph (13); (2) by striking out the period at the end of paragraph (14) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding at the end thereof the following new paragraph: "(15) title VII of the Elementary and Secondary Education Act of 1965.". CONFORMING AMENDMENTS 20 USC 3815. SEC. 21. (a) Section 565(a) of the Act is amended by striking out "nonpublic" and inserting in lieu thereof "private, nonprofit", (b) The first sentence of section 1003(a)(l) of the Elementary and 20 USC 3383. Secondary Education Act of 1965 is amended by inserting after "Act" a comma and the following: "or the Education Consolidation and Improvement Act of 1981". ASSESSMENT OF COMPENSATORY EDUCATION SEC. 22. Chapter 1 of the Act is amended by adding at the end thereof the following new section: "NATIONAL ASSESSMENT OF COMPENSATORY EDUCATION ASSISTED UNDER THIS CHAPTER 20 USC 3808. "SEC. 559. (a) The Secretary shall conduct a national assessment of compensatory education assisted under this chapter, through inde- pendent studies and analysis by the National Institute of Education. The assessment shall include descriptions and assessments of the impact of (1) services delivered, (2) recipients of services, (3) back- ground and training of teachers and staff, (4) allocation of funds (to school sites), (5) coordination with other programs, (6) effectiveness of programs on student's basic and higher order academic skills,

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 PUBLIC LAW 98-211 —DEC. 8, 1983 97 STAT. 1419 school attendance, and future education, and (7) a national profile of the way in which local educational agencies implement activities described under section 556(b). The National Institute of Education shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives in the design and implementation of the assess- ment required by this section. The National Institute of Education shall report to Congress the preliminary results of the assessment required by this section in January and July of 1986, and a final report shall be prepared and submitted to the Congress not later than January 1, 1987. "(b) Notwithstanding any other provision of law or regulation, such reports shall not be subject to any review outside of the Department of Education before their transmittal to the Congress, but the President and the Secretary may make such additional recommendations to the Congress with respect to the assessment as they deem appropriate.". IMPACT AID SEC. 23. Section 5(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress), is amended by adding at the end thereof the following: "If any legislation enacted after March 31, 1983, affects the determination of amounts of payments made on the basis of entitlements established under sections 2, 3, and 4 by placing any additional restriction on payments based on the concentration of children counted under subsection (a) or (b) of section 3 in the schools of a local educational agency, such restriction shall be applied, in the case of any State (other than a territory or possession of the United States) within which there is only one local educa- tional agency, by treating each administrative school district within such State as a local educational agency (solely for the purpose of computing the amount of such payments). Treating such an admin- istrative school district as a local educational agency under the preceding sentence shall not result, during fiscal year 1984, 1985, or 1986, in an increase of more than 10 per centum in the amount of funds paid to such State above the amount which would otherwise be paid to such State for such fiscal year.". 20 USC 3805. Reports to Congress. Recommenda- tions to Congress. 20 USC 240. NATIONAL CENTER FOR EDUCATION STATISTICS SEC. 24. (a) Section 515(b) of the Omnibus Education Reconcili- ation Act of 1981 is amended by inserting "(g)(2)" after "section 406". (b) The National Center for Education Statistics shall not termi- nate the study of the condition of education for Hispanic Americans unless specifically required or authorized to do so by law. 20 USC 1221e-l note. Hispanic Americans. 20 USC 1221e-l note. EFFECTIVE DATE SEC. 25. (a) Except as provided in subsection (b), the amendments made by this Act to the Education Consolidation and Improvement Act of 1981 and title I of the Elementary and Secondary Education Act of 1965 shall be effective July 1, 1983. (b) With respect to the period beginning July 1, 1982, and ending June 30, 1983, no recipient of funds under the Education Consolida- tion and Improvement Act of 1981 shall be held to have expended 20 USC 3804 note. 20 USC 3801 note. 20 USC 2701.

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 97 STAT. 1420 PUBLIC LAW 98-211 —DEC. 8, 1983 such funds in violation of the requirements of such Act if such funds are expended either in accordance with such Act as in effect prior to the date of enactment of this Act or in accordance with such Act as amended by this Act. Approved December 8, 1983. LEGISLATIVE HISTORY—H.R. 1035 (S. 1008): HOUSE REPORTS: No. 98 -51 (Comm. on Education and Labor) and No. 98 -574 (Comm. of Conference). SENATE REPORT No. 98 -166 accompanying S. 1008 (Comm. on Labor and Human RGSOU rc6s) CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 4, S. 1008 considered and passed Senate. Apr. 12, considered and passed House. Oct. 7, considered and passed Senate, amended. Nov. 18, House and Senate agreed to conference report.

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 Appropriation PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1421 Public Law 98-212 98th Congress An Act Making appropriations for the Department of Defense for the fiscal year ending Dec. 8, 1983 September 30, 1984, and for other purposes. [H.R. 4185] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following Department of sums are appropriated, out of any money in the Treasury not Defense otherwise appropriated, for the fiscal year ending September 30, ^ct, 1984 1984, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONNEL MiuTARY PERSONNEL, ARMY For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Army on active duty (except members of reserve compo- nents provided for elsewhere), cadets, and aviation cadets; $15,048,533,000. MILITARY PERSONNEL, NAVY For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $11,171,278,000: Provided, That notwithstanding any other provision of law, funds made available by this Act shall be available for payment of the Aviation Officer Continuation Bonus pursuant to agreements accepted from officers of all aviation specialties where shortages exist. MiliTARY PERSONNEL, MARINE CORPS For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $3,433,859,000: Provided, That not- withstanding any other provision of law, funds made available by this Act shall be available for payment of the Aviation Officer

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 97 STAT. 1422 PUBLIC LAW 98-212—DEC. 8, 1983 Continuation Bonus pursuant to agreements accepted from officers of all aviation specialties where shortages exist. MiliTARY PERSONNEL, AIR FORCE For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $12,577,203,000. RESERVE PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $1,361,150,000. RESERVE PERSONNEL, NAVY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or personnel while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $739,800,000. RESERVE PERSONNEL, MARINE CORPS For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as author- ized by law; $176,200,000. RESERVE PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, a». related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10,

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 PUBLIC LAW 98-212—DEC. 8, 1983 97 STAT. 1423 United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $380,000,000. NATIONAL GUARD PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while serving on active duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $1,882,980,000. NATIONAL GUARD PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on active duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as author- ized by law; $589,100,000. TITLE II RETIRED MILITARY PERSONNEL RETIRED PAY, DEFENSE For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and pay- ments under section 4 of Public Law 92-425 and chapter 73 of title 10, United States Code; $16,592,600,000. lo usc 1448 note, 1431 et seq. TITLEm OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY For expenses, not otherwise provided for, necessary for the oper- ation and mfdntenance of the Army, as authorized by law, not to exceed $8,490,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secre- tary of the Army, and payments may be made on his certificate of

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 97 STAT. 1424 PUBLIC LAW 98-212—DEC. 8, 1983 necessity for confidential military purposes, $17,054,846,000, of which not less than $1,247,000,000 shall be available only for the maintenance of real property facilities. ARMY STOCK FUND For the Army stock fund; $388,600,000. OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Navy and the Marine Corps, as authorized by law, not to exceed $2,700,000 can be used for emergen- cies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and pa3anents may be made on his certificate of necessity for confidential military purposes, $21,943,818,000, of which not less than $605,000,000 shall be avail- able only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $3,100,000,000 shall be available for the performance of such work in Navy shipyards: Provided further, That funds herein provided shall be available for payments in support of the LEASAT program in accordance with the terms of the Aide Memoire, dated January 5, 1981. NAVY STOCK FUND For the Navy stock fund; $632,869,000. OPERATION AND MAINTENANCE, MARINE CORPS For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Marine Corps, as authorized by law, $1,524,600,000, of which not less than $231,000,000 shall be available only for the maintenance of real property facilities. MARINE CORPS STOCK FUND For the Marine Corps stock fund; $20,780,000. OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Air Force, as authorized by law, including the lease and associated maintenance of replacement aircraft for the CT-39 aircraft to the same extent and manner as authorized for service contracts by section 2306(g), title 10, United States Code, and not to exceed $4,770,000 can be used for emergen- cies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military pur- poses, $17,573,895,000, of which not less than $1,217,200,000 shall be available only for the maintenance of real property facilities. AIR FORCE STOCK FUND For the Air Force stock fund; $1,288,725,000.

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1425 OPERATION AND MAINTENANCE, DEFENSE AGENCIES For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $6,446,652,000, of which not to exceed $8,571,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes. Of the total amount of this appropriation, not less than $78,000,000 shall be available only for the maintenance of real property facilities. DEFENSE STOCK FUND For the Defense stock fund; $43,600,000. DEFENSE INDUSTRIAL FUND For the Defense industrial fund; $150,000,000. OPERATION AND MAINTENANCE, ARMY RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and ad- ministration, of the Army Reserve; repair of facilities and equip- ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $683,850,000, of which not less than $39,000,000 shall be available only for maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equip- ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $634,500,000, of which not less than $29,500,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, MARINE CORPS RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and ad- ministration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $52,129,000, of which not less than $2,200,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR FORCE RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and ad-

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 97 STAT. 1426 PUBLIC LAW 98-212 —DEC. 8, 1983 ministration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $781,600,000, of which not less than $19,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regi- mental, and battalion commanders while inspecting units in compli- ance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $1,170,190,000, of which not less than $40,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, mainte- nance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compli- ance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau, $1,789,300,000, of which not less than $38,800,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY For the necessary expenses, in accordance with law, for construc- tion, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $899,000, of which not to exceed $7,500 shall be available for incidental expenses of the National Board; and from other funds provided in this Act, not to exceed $680,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311: Provided, That competitors at national matches under title 10, United States

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 PUBLIC LAW 98-212 —DEC. 8, 1983 97 STAT. 1427 Code, section 4312, may be paid subsistence and travel allowances in excess of the amounts provided under title 10, United States Code, section 4313. CLAIMS, DEFENSE For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $160,400,000. COURT OF MILITARY APPEALS, DEFENSE For salaries ^d exp)enses necessary for the United States Court of Military Appeals; $3,372,000, and not to exceed $1,500 can be used for official representation purposes. SUMMER OLYMPICS For logistical support and personnel services (other than pay and nontravel related allowances of members of the Armed Forces of the United States, except for members of the Reserve components thereof called or ordered to active duty to provide support for the XXIII Olympiad) provided by any component of the Department of Defense to the 1984 games of the XXIII Olympiad; $45,000,000: Provided, That the Department of Defense may also provide support to the Los Angeles Olympic Organizing Committee on a reimburs- able basis, with such reimbursements to be credited to the current applicable appropriation accounts of the Department. ENVIRONMENTAL RESTORATION, DEFENSE For expenses, not otherwise provided for, for environmental resto- ration programs, including hazardous waste disposal operations and removal of unsafe or unsightly buildings and debris of the Depart- ment of Defense, and including programs and operations at sites formerly used by the Department of Defense; $150,000,000. TITLE IV PROCUREMENT AIRCRAFT PROCUREMENT, ARMY For construction, procurement, production, modification, and modernization of aircraft, 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 section 355, Revised Statutes, as amended; and procurement and 40 USC 255.

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