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96 STAT. 1823

involve the use of human subjects for the testing of chemical or biological agents.". (b) Section 201 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973CC-11; 69 Stat. 585) is amended by striking out "oddnumbered years" and inserting in place thereof "the first oddnumbered year following the year in which the Presidential election is held". (c) Section 2455(b) of title 10, United States Code, is amended by striking out "yearly period ending with the preceding December 3 1 ' and inserting "preceding fiscal year". REPORT BY THE DEPARTMENT OF EDUCATION

SEC. 204. Section 605(b) of the Higher Education Act of 1965 (20 U.S.C. 1125(b); 79 Stat. 1264) is amended by striking out "which shall include an index and analysis" and inserting in lieu thereof "listing". REPORT BY THE DEPARTMENT OF ENERGY

SEC. 205. (a) Section 208(c) of the Department of Energy Organization Act (42 U.S.C. 7138(c); 91 Stat. 576) is amended to read as follows: "(c)(1) The Inspector General shall, not later than May 31 and November 30 of each year, submit to the Secretary and the Congress semiannual reports summarizing the activities of the Office during the immediately preceding six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to— "(A) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Department disclosed by such activities during the reporting period; '(B) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to subparagraph (A); "(C) an identification of each significant recommendation described in previous reports under this subsection on which corrective action has not been completed; "(D) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; and "(E) information concerning the numbers and types of audit reports completed by the Office during the reporting period. "(2) Within sixty days of the transmission of each semiannual report to the Congress, the Secretary shall make copies of such report available to the public upon request and at a reasonable cost.". (b) Section 208(d) of such Act is amended by striking out "thirty days" and inserting in lieu thereof "seven days". REPORTS BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 206. (a) Section 336A of the Public Health Service Act (42 U.S.C. 254i) is amended in the matter preceding paragraph (1) by striking out "on May 1 of each year". (b) Section 8 of the Fair Packaging and Labeling Act (15 U.S.C. 1457) is amended by striking out the last two sentences and insert-

Contents.

Public availability.

42 USC 7138.

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CHE of artillery, he was sent on a mission to Egypt to inquire into the relative advantages of the Egyptian and Syrian routes to India. He explored Syria by way of Damascus, and Tiberias, and Djerash, until he struck the Euphrates at El Werdi, encountering unlooked for perils and hardships. With a few Arabs he descended the Euphrates on a raft, and continued his explorations for three years. Apart from the practicability of a Suez canal, he also reported the feasibility of steam communication with India through Egypt. Soon after his return, Parliament voted £20,000 to defray the expenses of a second exploration of the Euphrates route under his command, he having volunteered to serve without pay. He received the brevet rank of Colonel, and early in 1835 he set out, accompanied by an efficient staff of army and navy officers, and a detachment of artillery, sappers, and marines. Landing at the mouth of the Orontes, on the coast of Syria, he transported across the desert two small steamboats, and put them together at Bir, on the upper Euphrates. Notwithstanding the loss of one of these boats with twenty lives, and other disheartening difficulties, he accomplished the task of exploring the Euphrates, the Tigris, and the Karum, and making a series of exact soundings and charts of these rivers. Ably seconded by the officers of the expedition, he extended his journey as far as India, and returned across the Arabian desert, reaching London in August 1837. The determination, the energy, and the perseverance that he exhibited, won the admiration of his fellow-countrymen and of all interested in geographical research. The death of William IV. and political complications prevented the full results of the expedition being reaped, either in credit to himself or in benefit to the Empire. In 1836 he was made a Major in the British army, and two years afterwards Lieutenant-Colonel. In 1843 he was appointed Commandant of Hong Kong, and of the detachment of artillery sent to China. Upon his return he held commands in Ireland, and in 1851 retired to his family estate of Packolet, near Kilkeel. He was made Colonel the same year; in 1855, Major-General; General in 1868. He visited Constantinople in 1857 and again in 1863 to negotiate concessions for a projected railway. He revisited Sjria, and again surveyed the line from the Orontes to the Euphrates. In 1849 he published the first two volumes of his great work on the exploration of the rivers Tigris and Euphrates, a standard book of reference, and one that drew forth the warm congratulations of such men as Better and Humboldt. His book on fire-arms and artillery appeared in 1852; and in 1854 his Russo-Turkish Campaigns of 1828-'29. He was a Fellow of the Royal Society, a Fellow of the Royal Geographical Society, and a D.C.L. of Oxford. The last years of his life were spent in his native home, and his latest efforts were given to the cause he had so warmly advocated—the opening of communication with India by the Euphrates valley. General Chesney was esteemed a man of essentially conservative instincts. In the recasting of the affairs of the Church of Ireland, of which he was a member, his age and experience gave him an influence which he employed in the same spirit. Like other eminent Irishmen of the generation to which he belonged, he preserved to the last the simplicity of manners and some of the raciness of accent characteristic of the north of Ireland. General Chesney died at Kilkeel, 31st January 1872, aged 82.

Chesney, Charles Cornwallis, Colonel, nephew of preceding, was born at Packolet, in Ireland, in 1826. He entered the Royal Engineers as Second-Lieutenant, 1845; and rose to be First-Lieutenant, 1846; Captain, 1854; Lieutenant-Colonel, 1868; Brevet-Colonel, 1873. An eminent writer and critic on military subjects, his principal works were: Campaigns in Virginia and Maryland, 1864-'65; Waterloo Lectures, 1868; Military Resources of Prussia and France, 1870; Essays on Modern Military Biography, 1874, reprinted mainly from the Edinburgh Review, to which, as well as to the weekly and daily press, he was a large contributor. Predictions in his Waterloo Lectures were singularly fulfilled in the war of 1870-'71—as to the enervating effects upon France of a reliance on past glories, and the lax preparation for future wars induced by such a state of public feeling. Colonel Chesney, who was for nearly ten years Professor of Military History at the Royal Military and the Staff Colleges, and at the time of his death was commanding the Royal Engineers of the London district, died 19th March 1876, aged 49, from the effects of undue exposure to cold in the exercise of his duty. He was a man greatly beloved in private life, whilst, according to the Pall Mall Gazette, the United Kingdom "sustained the loss of an able, useful, and conscientiously industrious officer, whose conspicuous and peculiar merits were fully understood and appreciated by those in authority over him."

 Chichester, Sir Arthur, Baron of Belfast, was born about the middle of the 80

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 96 STAT. 1824

21 USC 301.

Contents.

42 USC 3525. Public availability.

PUBLIC LAW 97-375—DEC. 21, 1982

ing in lieu thereof the following: "All agencies except the Department of Health and Human Services and the Federal Trade Commission shall submit their reports in January of each year. The Department of Health and Human Services shall include this report in its annual report to Congress on activities under the Federal Food, Drug, and Cosmetic Act, and the Federal Trade Commission shall include this report in the Commission's annual report to Concfress. (c) Subsections (a) and (b) of section 204 of Public Law 94-505 (42 U.S.C. 3524 (a), (b)) are amended to read as follows: "SEC. 204. (a) The Inspector General shall, not later than May 31 and November 30 of each year, submit to the Secretary and the Congress semiannual reports summarizing the activities of the Office during the immediately preceding six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to— "(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Department disclosed by such activities during the reporting period; "(2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1); "(3) an identification of each significant recommendation described in previous reports under this section on which corrective action has not been completed; "(4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; "(5) a summary of each report made to the Secretary under section 205(b)(2) during the reporting period; and "(6) information concerning the numbers and types of audit reports completed by the Office during the reporting period. "(b) Within sixty days of the transmission of each semiannual report to the Congress, the Secretary shall make copies of such report available to the public upon request and at a reasonable cost.". REPORTS BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SEC. 207. (a) Section 817 of the Housing Act of 1954 (12 U.S.C. 1701p; 68 Stat. 648) is amended by striking out ", and shall also contain" and all that follows through "that section". (b) Section 311(4) of the Energy Conservation and Production Act (42 U.S.C. 6840(4); 90 Stat. 1125) is amended by inserting before the period at the end thereof the following: ", except that, with respect to reports transmitted to the Congress after August 14, 1981, such reports shall be transmitted biennially". REPORTS BY THE DEPARTMENT OF THE INTERIOR

SEC. 208. (a)(1) The second proviso of the Act of July 1, 1932 (25 U.S.C. 386a; 47 Stat. 564), is amended to read as follows: "Provided further, That the Secretary shall report such adjustments and eliminations to the Congress not later than sixty calendar days following the end of the fiscal year in which they are made:".

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96 STAT. 1825

(2) The last proviso of said Act of July 1, 1932, is amended by striking out "sixty legislative days" each place it appears and, in each instance, inserting in lieu thereof "ninety calendar days". (b) Section 1136 of the Education Amendments of 1978 (25 U.S.C. 2016; 92 Stat. 2327) is amended by adding the following at the end Contents. thereof: "Such report shall also include the current status of tribally controlled community colleges. The annual budget submission for the Bureau's education programs shall, among other things, include (1) information on the funds provided previously private schools under section 208 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458d; 88 Stat. 2216) and recommendations with respect to the future use of such funds; (2) the needs and costs of operation and meiintenance of tribally controlled community colleges eligible for assistance under the Tribally Controlled Community College Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801 et seq.) and recommendations with respect to meeting such needs and costs; and (3) the plans required by section 1121(f), and 1122(c); and 1125(b) of this Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).". (c) The first sentence of section 3 of the joint resolution of August 14, 1976, entitled "Joint resolution providing for Federal participation in preserving the Tule Elk population in California" (16 U.S.C. 673f; 90 Stat. 1189), is amended by striking out "of each year" and inserting in lieu thereof "of 1983 and each third year thereafter". REPORTS BY THE DEPARTMENT OF JUSTICE

SEC. 209. (a) Section 918(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693p(a); 92 Stat. 3740) is amended by striking out the first and fourth sentences thereof and inserting in lieu of the first sentence the following: "Not later than twelve months after the effective date of this title and at one-year intervals thereafter, the Board shall make reports to the Congress concerning the administration of its functions under this title, including such recommendations as the Board deems necessary and appropriate.". (b) Section 114 of the Truth in Lending Act (title I of the Consumer Credit Protection Act) (15 U.S.C. 1613; 82 Stat. 151) is amended by striking out the first sentence and inserting in lieu thereof the following: "Each year the Board shall make a report to the Congress concerning the administration of its functions under this title, including such recommendations as the Board deems necessary or appropriate.". REPORTS BY THE DEPARTMENT OF TRANSPORTATION

SEC. 210. (a) Section 409 of the Staggers Rail Act of 1980 (49 U.S.C. 1654a; 94 Stat. 1948) is amended by adding at the end thereof: "In each report the Secretary shall advise the Congress on the past and anticipated financial condition and operations during the fiscal year of the Railroad Rehabilitation and Improvement Fund established under section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210) and of the Obligation 45 USC 822. Guarantee Fund established under section 511(b) of that Act. In 45 USC 831. addition, the Secretary shall include in the report information on the financial condition of each railroad having a loan guaranteed under the Emergency Rail Services Act of 1970 (Public Law 91-663), 45 USC 661 note. throughout the existence of such loan.".

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 96 STAT. 1826

PUBLIC LAW 97-375—DEC. 21, 1982

(b) Section 152(g) of title 23, United States Code (92 Stat. 2723), is amended by inserting "(including but not limited to any projects for pavement marking)" after "program" in the third sentence. REPORT BY THE DEPARTMENT OF THE TREASURY

SEC. 211. Subsection (c)(1) of section 701 of the International Financial Institutions Act (22 U.S.C. 262d(c)(l); 91 Stat. 1070) is amended by inserting immediately before "including" the following: "excluding section 704 and". REPORT BY THE FEDERAL ENERGY REGULATORY COMMISSION

SEC. 212. Section 4(d) of the Federal Power Act (16 U.S.C. 797(d); 41 Stat. 1065) is amended by striking out "Such report shall contain the names and show the compensation of the persons employed by the Commission.". REPORT BY THE NATIONAL LABOR RELATIONS BOARD

SEC. 213. Section 3(c) of the National Labor Relations Act (29 U.S.C. 153(c); 61 Stat. 139) is amended by striking out "stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed" and inserting in lieu thereof "summarizing significant case activities and operations for that fiscal year". REPORT BY THE NATIONAL SCIENCE FOUNDATION

SEC. 214. Subsection 4(j) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j); 64 Stat. 149) is amended to read as follows: "(j)(l) The Board shall render to the President, for submission to the Congress no later than January 15 of each even numbered year, a report on indicators of the state of science and engineering in the United States. "(2) The Board shall render to the President for submission to the Congress reports on specific, individual policy matters related to science and engineering and education in science and engineering, as the Board, the President, or the Congress determines the need for such reports.". REPORT BY THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY

42 USC 6618. 42 USC 6614. 42 USC 6615.

SEC. 215. The National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601, et seq.; Public Law 94-282) is amended as follows: (1) section 209 is deleted; and (2) in section 205(a)(ll), strike out "section 209" and insert in lieu thereof "section 206"; (3) section 206 is amended to read as follows: " S C I E N C E AND TECHNOLOGY REPORT AND OUTLOOK

5 USC app.

"SEC. 206. (a) Notwithstanding the provisions of Reorganization Plan Number 1 of 1977, the Director shall render to the President for submission to the Congress no later than January 15 of each odd numbered year, a science and technology report and outlook (hereinafter referred to as the 'report') which shall be prepared under the

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 PUBLIC LAW 97-375—DEC. 21, 1982 guidance of the Office and with the cooperation of the Director of the National Science Foundation, with appropriate assistance from other Federal departments and agencies as the Office or the Director of the National Science Foundation deems necessary. The report shall include— "(1) a statement of the President's current policy for the maintenance of the Nation's leadership in science and technology; "(2) a review of developments of national significance in science and technology; "(3) a description of major Federal decisions and actions related to science and technology that have occurred since the previous such report; "(4) a discussion of currently important national issues in which scientific or technical considerations are of major significance; "(5) a forecast of emerging issues of national significance resulting from, or identified through, scientific research or in which scientific or technical considerations are of major importance; and "(6) a discussion of opportunities for, and constraints on, the use of new and existing scientific and technological information, capabilities, and resources, including manpower resources, to make significant contributions to the achievement of Federal program objectives and national goals. "(b) The Office shall insure that the report, in the form approved by the President, is printed and made available as a public document."; and (4) in section 205(a)(ll), insert "and the Congress" after "President". REPORT BY THE VETERANS' ADMINISTRATION

SEC. 216. Section 4142(h)(4) of title 38, United States Code, is amended by striking out the following "together with a summary of the reasons that such scholarships were not accepted". Approved December 21, 1982.

LEGISLATIVE HISTORY—H.R. 6005 (S. 2258): HOUSE REPORT No. 97-804 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 20, considered and passed House. Dec. 8, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 51: Dec. 21, Presidential statement.

96 STAT. 1827

^^^•^/'l-,. availability. 42 USC 6614.

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 96 STAT. 1828

PUBLIC LAW 97-376—DEC. 21, 1982

Public Law 97-376 97th Congress An Act Dec. 21, 1982 [H.R. 5553] Indians. Miami Tribe of Oklahoma and Indiana. Judgment funds, distribution.

Ancestry roll.

To provide for the use and disposition of Miami Indians judgment funds in dockets 124-B and 254 before the United States Court of Claims, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds appropriated on July 27, 1979, in satisfaction of the award in favor of the Miami Tribe of Oklahoma and the Miami Indians of Indiana in dockets 124-B and 254 before the United States Court of Claims, including all interest and investment income accrued, less attorney fees and litigation expenses, shall be used and distributed as herein provided. SEC. 2. The Secretary of the Interior (hereinafter "Secretary") shall divide the judgment funds in dockets 124-B and 254, together with the interest and investment income accruing thereon, between the two beneficiary groups, on the basis of the number of enrollees of each group as designated on the 1972 Miami Indians of Oklahoma and Indiana payment roll, prepared pursuant to the Act of June 2, 1972 (86 Stat. 199), with 1398/5,080ths to the tribal organization, the Miami Tribe of Oklahoma, and 3682/5,080ths to the descendant group which consists of the Miami Indians of Indiana and other Miami descendants. SEC. 3. For purposes of determining the number of lineal descendants of the Miami Indians of Indiana and-other Miami descendants entitled to participate in such funds apportioned to the descendant group, the Secretary shall prepare a roll of all persons of Miami Indian ancestry who meet the following requirements for eligibility: (a) They were born on or prior to, and living on, the date of this Act. (b) Their name or the name of an ancestor from whom they claim eligibility appears on the roll of Miami Indians of Indiana of June 12, 1895, or the roll of "Miami Indians of Indiana, now living in Kansas, Quapaw Agency, I.T., and Oklahoma Territory", prepared and completed pursuant to the Act of March 2, 1895 (28 Stat. 903), or the roll of the Eel River Miami Tribe of Indians of May 27, 1889, prepared and completed pursuant to the Act of June 29, 1888 (25 Stat. 223), or the roll of the Western Miami Tribe of Indians of June 12, 1891 (26 Stat. 1001). No person whose name appears on the current tribal roll of the Miami Tribe of Oklahoma shall be eligible to be enrolled under this section. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be final. SEC. 4. On completion of the roll by the Secretary, as provided under section 3 of this Act, the funds apportioned to the descendant group, including the interest and investment income accruing thereon, shall be distributed equally to the individuals enrolled.

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 PUBLIC LAW 97-376—DEC. 21, 1982 SEC. 5. (a) Of the apportioned share belonging to the Miami Tribe of Oklahoma, no more than 80 per centum of such funds, including the interest and investment income accruing thereon, shall be distributed on a per capita basis in amounts as equal as possible to all enrolled members. For purposes of determining the number of enrollees of the tribal organization, the membership roll shall be brought current pursuant to tribal enrollment procedures, to include all persons born on or prior to and living on the date of this Act. (b) The remaining 20 per centum of such funds, including the interest and investment income accruing thereon, shall be held and invested by the Secretary pursuant to the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a), or invested by the tribe, in a private trust arrangement as approved by the Secretary, and such funds shall be expended by the tribe in accordance with tribal plans and budgets approved by the Secretary, where the investments are handled by the Secretary, or in accordance with the provisions of the private trust agreement. SEC. 6. The per capita shares of living competent adults shall be paid directly to them. Per capita shares of deceased individual beneficiaries shall be determined and distributed pursuant to regulations prescribed by the Secretary. Per capita shares of legal incompetents and per capita shares of individuals under age eighteen shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines to be necessary to protect the interests of such individuals. SEC. 7. The funds distributed per capita or made available for programing under this Act shall not be subject to Federal or State income taxes nor shall such funds be considered as income or resources in determining either eligibility for or the amount of assistance under the Social Security Act. SEC. 8. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act; including the establishment of deadlines. Approved December 21, 1982.

LEGISLATIVE HISTORY—H.R. 5553: HOUSE REPORT No. 97-815 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 8, considered and passed Senate.

96 STAT. 1829

Per capita payments.

Tax exemption.

42 USC 1305. Rules and regulations.

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 96 STAT. 1830

PUBLIC LAW 97-377—DEC. 21, 1982

97th Congress Joint Resolution Dec. 21, 1982 r j j j jjgg ggj^i
 * Public Law 97-877

Continuing appropriations 1983!^^ ^^^"^

Making further continuing appropriations and providing for productive employment for the fiscal year 1983, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums gj-e appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1983, and for other purposes, namely: TITLE I FURTHER CONTINUING APPROPRIATIONS ACT, 1983

SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1982 and for which appropriations, funds, or other authority would be available in the following appropriations Act: Treasury, Postal Service, and General Government Appropriation Act, 1983. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed the House as of December 17, 1982, is different from that which would be available or granted under such Act as passed by the Senate as of December 17, 1982, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That where an item is included in only one version of an Act as passed by both Houses as of December 17, 1982, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations of the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1982: Provided further. That for the purposes of this joint resolution, when an Act listed in this subsection has been reported to the House or the Senate but not passed by that House as of December 17, 1982, it shall be deemed as having been passed by that House. (4) Whenever an Act listed in this subsection has been passed by only the House as of December 17, 1982, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the House, but at a rate for operations of the current rate or the rate permitted by the action of the House, whichever is 'Note: The printed text of Public Law 97-377 is a reprint of the hand enrollment, signed by the President on December 21, 1982.

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 PUBLIC LAW 97-377—DEC. 21, 1982

96 STAT. 1831

lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1982. (5) No provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act of 1982, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b)(1) Such amounts as may be necessary for continuing the activities of the Foreign Assistance Appropriations Act of 1982, Public Law 97-121, under the terms and conditions, and at the rate, provided for in the Act, notwithstanding section 10 of Public Law 91-672, and section 15(a) of the State Department Basic Authorities Act of 1956, or any other provision of law or section 102 of this joint resolution: Provided, That amounts allocated to each country under this paragraph shall not exceed those provided in fiscal year 1982 and new country programs shall not be initiated unless submitted through the regular reprograming procedures of the Committees on Appropriations: Provided further, That notwithstanding the provisions of this paragraph making amounts available or otherwise providing for levels of program authority, the following amounts only shall be available and the following levels of authority only shall be provided for the following accounts or under the following headings: $284,100,437 for payment to the "Inter-American Development Bank" and not to exceed $828,137,742 in callable capital subscriptions; $126,041,553 for payment to the "International Bank for Reconstruction and Development" and not to exceed $1,530,275,913 in callable capital subscriptions; $700,000,000 for payment to the "International Development Association"; $131,882,575 for payment to the "Asian Development Bank" and not to exceed $2,243,811 in callable capital subscriptions; $50,000,000 for payment to the "African Development Fund"; $249,002,000 for "International Organizations and Programs"; including the provisions of section 103(g) of the Foreign Assistance Act of 1961, except that such funds shall be made available only in accordance with the Joint Explanatory Statement of the Committee of Conference accompanying the conference report on this joint resolution (H.J. Res. 631); $140,288,000 for "Energy and selected development activities. Development Assistance"; $25,000,000 for "International disaster assistance"; $93,757,000 for "Sahel development program", of which not less than $2,000,000 shall be available only for the African Development Foundation; $35,403,000 for "Payment to the Foreign Service Retirement and Disability Fund"; $1,700,000 in foreign currencies for "Overseas training and special development activities (foreign currency program)"; $2,576,000,000 for the "Economic Support Fund" (without applying prior year earmarking of funds for Sudan and Poland), of which not less than $785,000,000 shall be available for Israel and not less than $750,000,000 shall be available for Egypt; $31,100,000 for "Peacekeeping operations"; $335,000,000 for "Operating expenses of the Agency for International Development"; $10,500,000 for "Trade and development"; $109,000,000 for the "Peace Corps", $395,000,000 for "Migration and Refugee Assistance" (without applying prior year earmarking of funds); $290,000,000 for necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961 and the provisions of title I of

95 Stat. 1647. 22 USC 2412. 22 USC 2680. Post, p. 1909.

22 USC 2i5ia.

22 USC 2311.

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 96 STAT. 1832

22 USC 2763, 2'^64.

22 USC 2l5la-2l5ld.

Post, p. 1909. 22 USC 2i5iz.

PUBLIC LAW 97-377—DEC. 21, 1982

S. 2608, as reported, of which not less than $110,000,000 shall be available for Turkey, not less than $37,500,000 shall be available for Portugal, and not less than $25,000,000 shall be available for Morocco; $45,000,000 for " International Military Education and T r a i n i n g "; $1,175,000,000 for necessary expenses to carry out sections 23 and 24 of the A r m s Export Control Act and the provisions of title I of S. 2608, as reported, of which not less than $750,000,000 shall be allocated to Israel ($1,700,000,000 of the a m o u n t provided for the total aggregate credit sale ceiling during the c u r r e n t fiscal year shall be allocated only to Israel) and not less than $425,000,000 shall be allocated to Egypt; $3,638,000,000 of contingent liability (of which not less than $290,000,000 shall be available for Turkey, not less than $52,500,000 shall be available for Portugal, not less than $75,000,000 shall be available for Morocco, and not less than $400,000,000 shall be available for Spain) for total c o m m i t m e n t s to g u a r a n t e e loans under "Foreign Military Credit Sales"; not to exceed $125,000,000 a r e authorized to be m a d e available for the "Special Defense Acquisition F u n d "; and not to exceed $4,400,000,000 of gross obligations for the principal a m o u n t of direct loans and $9,000,000,000 of total c o m m i t m e n t s to g u a r a n t e e loans under "Export-Import B a n k of the United States ": Provided further, That none of the funds available under this paragraph may be m a d e available for payment to the " International F i n a n c e Corporation": Provided further, That in addition to the funds m a d e available under this paragraph for the "Economic Support F u n d " $85,000,000 is available for the "Economic Support F u n d " to be transferred to the Agency for International Development for economic development assistance projects, under the term s and conditions of sections 103 through 106 of the Foreign Assistance Act of 1961, such projects to be approved through the established r e program i n g processes of the Appropriations Committee of the House of Representatives and of the Senate, except that none of the funds provided herein shall be available for nondevelopment activities including balance of payments support, commodity imports, sector loans, and program loans: Provided further, That notwithstanding any other provision of this joint resolution or any other Act, $5,500,000 of the funds provided for H o n d u r a s under the authority of this joint resolution shall not be m a d e available u n t i l that country meets the final term s of the binding a r b i t r a t i o n a w a r d established by the Inter-American Commercial Arbitration Commission as regards Construction Aggregates Corporation. (2) Notwithstanding section 102 of t h i s joint resolution, chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by adding a t the end thereof the following new section: " SEC. 128. T A R G E T I N G ASSISTANCE FOR T H O S E L IV I N G I N ABSOLUTE

POVERTY.—In c a r r y i n g out t h i s chapter, the President in fiscal year 1983, shall a t t e m p t to use not less than 40 per c e n t u m of the funds m a d e available to c a r r y out this chapter to finance productive facilities, goods, and services which will expeditiously and directly benefit those living in absolute poverty (as determined under the standard s for absolute poverty adopted by the International B a n k for Reconstruction and Development and the International Development Association). Such facilities, goods, and services may include, for example, irrigation facilities, extension services, credit for small farmers, roads, safe d r i n k i n g w a t e r supplies, and health services. Such facilities, goods, and services may not include studies, reports, technical advice, consulting services, or any other items unless (A)

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 PUBLIC LAW 97-377—DEC. 21, 1982 they are used primarily by those living in absolute poverty themselves, or (B) they constitute research which produces or aims to produce techniques, seeds, or other items to be primarily used by those living in absolute poverty. Research shall not consititue the major part of such facilities, goods, and services.": Provided further. That within six months after the date of approval of this joint resolution, the Administrator of the Agency for International Development shall report to Congress on the implementation of this provision, the types of projects determined to meet these requirements, and the effect on the overall United States foreign assistance program. (c) Notwithstanding any other provision of this joint resolution, such amounts as may be necessary for programs, projects or activities provided for in the Department of Defense Appropriation Act, 1983, at a rate of operations and to the extent and in the manner provided, to be effective as if it had been enacted into law as the regular appropriation Act, as follows:

96 STAT. 1833

Report to Congress. 22 USC 2151z note.

AN ACT Making appropriations for the Department of Defense for the fiscal year ending September 30, 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1983, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONNEL MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $14,454,848,000. MiliTARY PERSONNEL, N A V Y

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $10,537,408,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of

Department of Defense Appropriation Act, 1983.

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temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $3,293,277,000. MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $12,099,850,000. 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; $1,247,250,000. 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; $657,125,000. RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $170,900,000. RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 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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96 STAT. 1835

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; $358,925,000. 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; $1,698,800,000. 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 authorized by law; $548,425,000. 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 payments under section 4 of Public Law 92-425 and chapter 73 of title 10, United States Code; $16,154,800,000.

10 USC 1448 note, 1431 et seq.

TITLE III OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $7,310,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $15,847,425,000, of

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which not less than $1,240,000,000 shall be available only for the maintenance of real property facilities. ARMY STOCK FUND

For the Army stock fund; $221,138,000. OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $2,620,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $21,079,712,000, of which not less than $657,000,000 shall be available 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 $2,887,000,000 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; $354,372,000. OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $1,481,671,000, of which not less than $218,000,000 shall be available only for the maintenance of real property facilities. MARINE CORPS STOCK FUND

For the Marine Corps stock fund; $11,812,000. OPERATION AND MAINTENANCE, AIR FORCE

^ For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, 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 $4,490,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $16,915,766,000, of which not less than $1,100,000,000 shall be available only for the maintenance of real property facilities. AIR FORCE STOCK FUND

For the Air Force stock fund; $161,600,000.

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OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $5,715,778,000: Provided, That not to exceed $7,890,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further. That not less than $80,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities. DEFENSE STOCK FUND

For the Defense stock fund; $160,500,000. OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $705,584,000, of which not less than $35,000,000 shall be available only for the 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 equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $637,507,000, of which not less than $25,000,000 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 operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $51,094,000, of which not less than $1,000,000 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 operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $765,735,000, of which not less

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PUBLIC LAW 97-377—DEC. 21, 1982

than $17,500,000 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, regimental, and battalion commanders while inspecting units in compliance 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); $1,195,067,000, of which not less than $35,000,000 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 nonFederal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $1,822,603,000, of which not less than $35,000,000 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 construction, 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; $875,000, 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 Code, section 4312, may be paid subsistence and travel allowances in excess of the amounts provided under title 10, United States Code, section 4313.

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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; $147,500,000. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States Court of Military Appeals; $3,271,000, and not to exceed $1,500 can be used for official representation purposes. 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; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $2,506,572,000, of which $10,000,000 shall be available only for procurement of C-12 cargo aircraft for the Army National Guard, to remain available for obligation until September 30, 1985: Provided, That notwithstanding any other provision of this Act, after the head of the agency concerned gives written notification of a proposed multiyear contract for the CH-47D Helicopter Modernization Program to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives, such contract may not then be awarded until the end of a period of 45 days beginning on the date of such notification. MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and

40 USC 255.

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PUBLIC LAW 97-377—DEC. 21, 1982

installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $2,287,000,000, of which $422,100,000 shall be available only for purchase of the Multiple Launch Rocket System under a multiyear contract, to remain available for obligation until September 30, 1985. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY (INCLUDING TRANSFER OF FUNDS)

40 USC 255.

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $4,551,946,000, and in addition, $198,200,000, of which $67,000,000 shall be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army, 1981/1983", and $131,200,000 shall be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army, 1982/1984", to remain available for obligation until September 30, 1985. PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts or authorized by section 2673, title 10, United States Code, and the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,122,394,000, to remain available for obligation until September 30, 1985. OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support (including not to exceed 7 vehicles required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle), and nontracked combat vehicles; the purchase of not to exceed two thousand and twenty-five passenger motor vehicles for replacement only; communications and electronic

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equipment; other support equipment; spare parts, ordnance, and accessories therefor; speciaHzed equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $4,123,404,000, to remain available for obligation until September 30, 1985. AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $10,416,107,000, of which $267,800,000 shall be available only for purchase of C-2 aircraft under a multiyear contract, to remain available for obligation until September 30, 1985: Provided, That none of the funds appropriated or made available pursuant to this paragraph for the F/A-18 aircraft program may be obligated or expended until the Secretary of the Navy submits to the Committees on Appropriations of the House of Representatives and the Senate a certified plan to incorporate a United States manufactured ejection seat system in F/A-18 aircraft purchased with fiscal year 1983 and future funds: Provided further, That none of the funds appropriated or made available pursuant to this paragraph for F / A 18 advance procurement may be obligated or expended for any of those aircraft scheduled to replace Navy attack mission aircraft squadrons until such time as the Secretary of Defense certifies, in writing, that the A-18 version of the aircraft meets the originally established attack mission requirements, goals, and specifications. WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $3,561,700,000, of which $124,700,000 shall be available only for the purchase of Mark-46 torpedoes under a multiyear contract, to remain available for obligation until September 30, 1985, distributed as follows: For missile programs, $2,844,200,000; for the MK-48 torpedo program,

40 USC 255.

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40 USC 255.

PUBLIC LAW 97-377—DEC. 21, 1982

$119,300,000; for the MK-46 torpedo program, $124,700,000; for the MK-60 torpedo program, $133,200,000; for the MK-30 mobile target program, $19,400,000; for the MK-38 minimobile target program, $2,300,000; for the antisubmarine rocket (ASROC) program, $10,100,000; for modification of torpedoes, $76,500,000; for the torpedo support equipment program, $66,900,000; for the MK-15 close in weapons system program, $118,740,000; for the MK-75 76-millimeter gun mount program, $10,700,000; for the MK-19 gun mount program, $400,000; for the 20-millimeter gun mount program, $400,000; for the modification of guns and gun mounts, $19,700,000; for the guns and gun mounts support equipment program, $17,460,000; and reductions of $1,100,000 for consultants, studies and analyses, and $1,200,000 for personnel security clearances. For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended, as follows: for the Trident submarine program, $1,462,600,000; for Trident submarine program advance procurement, $81,300,000; for the CVN aircraft carrier program, $6,559,500,000, to be available for construction only under a firm, fixed price type contract; for the SSN-688 nuclear attack submarine program, $1,420,200,000; for the reactivation of the U.S.S. Iowa, $300,800,000; for the aircraft carrier service life extension program, $699,500,000; for the CG-47 AEGIS cruiser program, $2,901,700,000; for the LSD-41 landing ship dock program, $415,600,000; for the FFG guided missile frigate program, $646,300,000, of which not less than $40,000,000 shall be available only for an X-band phased array radar, and in addition, $35,000,000 shall be derived by transfer from the "FFG guided missile frigate program" of "Shipbuilding and Conversion, Navy, 1982/1986"; for the T-AO fleet oiler ship program, $173,000,000; for the MCM mine countermeasures ship program, $100,000,000; for the ARS salvage ship program, $50,000,000; for the T-AKRX fast logistics ship program, $44,000,000; for the T-AHX hospital ship program, $300,000,000, however, none of these funds may be obligated or expended until such time as the Department of the Navy provides a budget quality cost estimate, based upon a completed contract design which supports the original hospital ship requirements as presented to the Congress; for the LHD-1 amphibious assault ship program, $55,000,000; for craft, outfitting, post delivery, cost growth, and escalation on prior year programs, $907,900,000; and reductions in the amounts, as follows: $5,900,000 for personnel security clearances; $34,800,000 for consultant, studies and analyses; in all: $16,076,700,000, and in addition, $35,000,000 to be derived by transfer, to remain available for obligation until September 30, 1987: Provided, That of the appropriation for "Shipbuilding and Conversion, Navy," that expired for obligation on September 30, 1982, $176,200,000 shall remain available for obligation until September 30, 1984: Provided further. That none of the funds herein provided for the construction or conversion of any naval vessel to be

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96 STAT. 1843

constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further. That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed three hundred and twenty-four passenger motor vehicles of which two hundred and ninety-two shall be for replacement only (including not to exceed 2 vehicles required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle); expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $3,727,075,000, to remain available for obligation until September 30, 1985, distributed as follows: For ship support equipment, $543,689,000; for communications and electronics equipment, $1,481,798,000; for aviation support equipment, $552,636,000; for ordnance support equipment, $667,456,000; for civil engineering support equipment, $172,837,000; for supply support equipment, $81,224,000; and for personnel/command support equipment, $227,435,000. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and vehicles for the Marine Corps, including purchase of not to exceed one hundred and forty-three passenger motor vehicles for replacement only; $2,008,083,000, of which $6,779,000 may not be obligated or expended for procurement of the 81mm SMAW Assault Rocket Launcher and ammunition until the Secretary of Defense certifies to the Committees on Appropriations of the House of Representatives and the Senate that all technical and operational requirements have been demonstrated and that no other weapon is available to fulfill those requirements, to remain available for obligation until September 30, 1985. AIRCRAFT PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories

97-200 O-84-pt. 2

16: QL3

40 USC 255.

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 96 STAT. 1844

40 USC 255.

Ante, p. 818.

PUBLIC LAW 97-377—DEC. 21, 1982

therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $17,658,500,000, of which $186,100,000 shall be available for contribution of the United States share of the cost of the acquisition by the North Atlantic Treaty Organization of an Airborne Early Warning and Control System (AWACS) and, in addition, the Department of Defense may make a commitment to the North Atlantic Treaty Organization to assume the United States share of contingent liability in connection with the NATO E-3A Cooperative Programme; of which $71,300,000 shall be available only for the procurement of B-707 aircraft to provide for engines and parts to reengine KC-135 aircraft; and of which $94,800,000 and, in addition, $50,000,000 to be derived by transfer from "Aircraft procurement. Air Force, 1982/1984", shall be available only for procurement of commercial wide body cargo aircraft; of which $795,000,000 shall be available only for purchase of KC-10 aircraft under a multiyear contract, and in addition, $120,000,000 shall be derived by transfer from "Aircraft procurement, Air Force, 1982/1984", and shall be available only for the purchase of KC-10 aircraft under a multiyear contract, notwithstanding the provisions of the language contained in the Supplemental Appropriations Act, 1982; to remain available for obligation until September 30, 1985. MISSILE PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $4,941,100,000, of which $102,000,000 shall be available to initiate multi-year contracting for the global positioning system, and in addition, $15,000,000 shall be derived by transfer from "Missile Procurement, Air Force, 1982/1984", to remain available for obligation until September 30, 1985.

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96 STAT. 1845

OTHER PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand three hundred and fifty-nine passenger motor vehicles of which eight hundred and eighty-five shall be for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $5,563,777,000, and in addition, $4,963,000, which shall be derived by transfer from "Other Procurement, Air Force, 1982/1984", to remain available for obligation until September 30, 1985. NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, other weapons, and other procurement for the reserve components of the Armed Forces, not to exceed $125,000,000, to remain available until September 30, 1985, distributed as follows: Army National Guard, not to exceed $50,000,000; Air National Guard, not to exceed $15,000,000; Army Reserve, not to exceed $15,000,000; Naval Reserve, not to exceed $15,000,000; Marine Corps Reserve, not to exceed $15,000,000; Air Force Reserve, not to exceed $15,000,000. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand one hundred and thirty-nine passenger motor vehicles of which three hundred and forty-five shall be for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $828,145,000, to remain available for obligation until September 30, 1985.

40 USC 255.

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 96 STAT. 1846

PUBLIC LAW 97-377—DEC. 21, 1982 TITLE V RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,879,683,000, to remain available for obligation until September 30, 1984. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $5,965,751,000, of which not less than $15,000,000 shall be available only for the phased array radar improvement program for the Mark 92 fire control system, to remain available for obligation until September 30, 1984: Provided, That none of the funds appropriated or made available pursuant to this paragraph for the development of the Undergraduate Flight Training System (VTXTS) may be obligated or expended until the Secretary of the Navy submits to the Committees on Appropriations of the House of Representatives and the Senate a certified plan to incorporate a United States manufactured ejection seat system in the new Undergraduate Flight Trainer Aircraft. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE

MX missile, basing mode.

"Concurrent resolution."

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $10,650,661,000, to remain available for obligation until September 30, 1984: Provided, That none of the funds appropriated in this Act may be obligated or expended to initiate full scale engineering development of a basing mode for the MX missile, until such basing mode is approved by both Houses of Congress in a concurrent resolution, as specified in subsection (1) hereof. (1) For the purposes of this section, the term "concurrent resolution" means only a resolution introduced in either House of Congress, the matter after the resolving clause of which is as follows: "That the approves the obligation and expenditure of funds appropriated in Public Law for MX missile procurement and full-scale engineering development of a basing mode for the MX misssile," the first blank space therein being filled with the name of the resolving House, and the second blank space being filled with the public law number of this statute. It shall not be in order to introduce any such resolution prior to the receipt by the Congress of the report of the President required under subsection (7). (2) A resolution in the Senate shall be referred to the Committee on appropriations of the Senate. A resolution in the House of Representatives shall be referred to the Committee on Appropriations of the House of Representatives.

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96 STAT. 1847

(3) If the committee to which is referred the first resolution introduced in the Senate or the House, as the case may be, expressing approval of the obligation and expenditure of funds referred to in this subsection has not reported the resolution at the end of 45 calendar days after the introduction of a resolution pursuant to subsection (1) hereof, such committee shall be automatically discharged from further consideration of the resolution and the resolution shall be placed on the calendar of the Senate, in the case of a resolution of the Senate, or the Union calendar, in the case of a resolution of the House of Representatives. (4) When the committee has reported a resolution or been discharged under subsection (3) hereof it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged in the House and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (5)(A) Debate on the resolution shall be limited to not more than fifty hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (B) Motions to postpone and motions to proceed to the consideration of other business shall be decided without debate. (C) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. (6) Subsections (1) through (5) are enacted by the Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described in subsection (1), and they supercede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (7KA) The President shall submit a report to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives, not earlier than March 1, 1983, containing: (i) a detailed technical assessment of the closely spaced basing system transmitted by the President to Congress on November 22, 1982 or such modifications thereto as the President determines to be advisable; (ii) a detailed technical assessment of other MX basing systems that might serve as alternatives to the closely spaced basing system transmitted by the President to Congress on November 22, 1982;

Debate limitation.

Presidential report to congressional committees.

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 96 STAT. 1848

42 USC 4332.

PUBLIC LAW 97-377—DEC. 21, 1982

(iii) a detailed technical assessment of different types of intercontinental ballistic missiles that might serve as alternatives to the MX missile; and (iv) a comparative detailed technical assessment of alternative programs including acceleration of the Trident II program to provide target coverage equivalent to that of the MX missile system, enhancements and improvements to the Minuteman missile force, and development and deployment of a land-based missile system in deep underground basing, multiple protective shelters and closely spaced basing incorporating mobility and deception, a road mobile missile smaller than the MX and a common missile for land and sea deployment. (v) a reaffirmation by the President of his selection of the MX missile basing plan transmitted to Congress on November 22, 1982 or a proposal for an alternative basing plan. (B) The President shall also include in the report submitted pursuant to paragraph (A) an assessment of the military capability of each alternative system or missile; an assessment of the survivability of each such system or missile against current and projected Soviet threats; an assessment of the projected cost of each such system or missile and possible upgrades thereof; an assessment of the impact each such system or missile might have on present and future arms control negotiations; an assessment of the geographic, geological, and other qualifications a site for each such system or missile would likely require; an assessment of the environmental impact each such system or missile would likely have; and the identification of possible sites for each such system or missile. (C) The report required under this subsection shall not be subject to the requirements of section 102(2)(0 of the National Environmental Policy Act of 1969, relating to environmental impact statements. Provided further, That notwithstanding any other provision of this Act, no initial flight test of the MX missile may be conducted until after both Houses of the Congress have agreed, in accordance with the provisions of subsections (1) through (5) of the preceding proviso, to a concurrent resolution approving the obligation and expenditure of funds for full-scale engineering development of a basing mode for such missile. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

Funds, transfer and merger.

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,153,189,000, to remain available for obligation until September 30, 1984: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further. That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions

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96 STAT. 1849

under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred. DIRECTOR OF TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $55,000,000, to remain available for obligation until September 30, 1984. TITLE VI

SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Department of Defense, as authorized by law; $3,800,000, to remain available for obligation until September 30, 1984: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VII GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS)

SEC. 701. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 702. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 703. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty stations and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 704. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense.

Consulting services.

Publicity or propaganda. Experts and consultants.

Noncitizens, compensation and employment. 31 USC 700.

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 96 STAT. 1850

Prisoners of war. 31 USC 649a.

Land acquisition.

22 USC 2385.

PUBLIC LAW 97-377—DEC. 21, 1982 SEC. 705. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement to General Services Administration for security guard services for protection of confidential files; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 706. Any appropriation available to the Army, Navy, or Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 707. Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available (a) for transportation to primary and secondary schools of minor dependents of military and civilian personnel of the Department of Defense as authorized for the Navy by section 7204 of title 10, United States Code; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property, including maintenance thereof when contracted for as a part of the lease agreement, for twelve months beginning at any time during the fiscal year; (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(l) of the Foreign Assistance Act of 1961, as amended; (1) the purchase of right-hand-drive vehicles not to exceed $12,000 per vehicle; (m) for payment of unusual cost overruns incident to ship overhaul, mainte-

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96 STAT. 1851

nance, and repair for ships inducted into industrial fund activities or contracted for in prior fiscal years: Provided, That the Secretary of Defense shall notify the Congress promptly prior to obligation of any such payments; (n) for payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship overhaul, maintenance, and repair after expiration of such appropriations, for such work either inducted into the industrial fund activity or contracted for in that fiscal year; and (o) for payments for depot maintenance contracts for twelve months beginning at any time during the fiscal year. SEC. 709. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208); (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $75 in any one case; (k) for carrying out section 10 of the Act of September 23, 1950, as amended; and (1) providing, without reimbursement, not to exceed $50,000,000 to procure secure communications systems, equipment and related items throughout the United States Government. SEC. 710. The Secretary of Defense and each purchasing and contracting agency of the Department of Defense shall assist American small and minority-owned business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by increasing, to an optimum level, the resources and number of personnel jointly assigned to promoting both small and minority business involvement in purchases financed with funds appropriated herein, and by making available or causing to be made available to such businesses, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by assisting small and minority business concerns to participate equitably as subcontractors on contracts financed with funds appropriated herein, and by otherwise advocating and providing small and minority business opportunities to participate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 711. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 712. During the current fiscal year no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal

Notification to Congress.

10 USC 858 note.

10 USC 807 note.

Small and minority-owned business, contract opportunities.

Fiscal year limitation. Metal scrap processing facilities. 50 USC 100a.

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