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Page:United States Statutes at Large Volume 92 Part 1.djvu/1285

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1231

Public Law 95-457 95th Congress An Act Making appropriations for the Department of Defense for the fiscal year ending iSeptember 30, 1979, 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, 1979, 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; $9,154,325,000. MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $6,461,600,000. 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 temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $2,014,975,000. • >

MILITARY PERSONNEL, AIR FORCE

i

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; $7,525,001,000.

Oct. 13, 1978 [H.R. 13635] Department of Defense Appropriation Act, 1979.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1286

 92 STAT. 1232

PUBLIC LAW 95-457—OCT. 13, 1978 E E S E R V E P E R S O N N E L, A R M Y.,

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For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Eeserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve t r a i n i n g or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers' T r a i n i n g Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $547,350,000.

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RESERVE PERSONNEL, N A V Y ' " " ' •

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 while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' T r a i n i n g Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $227,025,000. RESERVE PERSONNEL, M A R I N E 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 undergoing reserve training, or while performing drills or equivalent duty, and for members of Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $84,125,000. RESERVE PERSONNEL, A I R

FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the A i r Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve t r a i n i n g, or while performing drills or equivalent duty or other duty, and for members of the A i r Reserve Officers' T r a i n i n g Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; $186,850,000. NATIONAL GUARD PERSONNEL,

ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National G u a r d while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing t r a i n i n g, 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; $755,500,000. ti

NATIONAL GUARD PERSONNEL, A I R FORCE

'

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the A i r National G u a r d on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, 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; $256,477,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1287

 PUBLIC LAW 95-457—OCT. 13, 1978 • - ^ - .'

'

•• TITLE II

92 STAT. 1233

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R E T I R E D 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 1^ USC 1448 States Code; $10,139,838,000. To%SC 1431 ••'' TITLE III

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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 $3,332,000 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; $9,115,000,000, of which not less than $580,200,000 shall be available only for the maintenance of real property facilities. 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 $1,526,000 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; $11,691,000,000, of which not less than $380,300,000 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 $2,100,000,000 shall be available for the performance of such work in Navy shipyards of which not less than $22,000,000 shall be available for such work only at the Ship Repair Facilities, Guam: Provided further, That such amounts of the funds available for work only at the Ship Repair Facilities, Guam, may be used for work in other Navy shipyards in amounts equal to the amount of work placed at the Ship Repair Facilities, Guam, funded from other sources. ,,, 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; $733,000,000, of which not less than $107,500,000 shall be available only for the maintenance of real property facilities.

et seq.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1288

 92 STAT. 1234

PUBLIC LAW 95-457—OCT. 13, 1978 OPERATION AND M A I N T E N A N C E, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the A i r Force, as authorized by law; and not to exceed $2,556,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary ©f the A i r Force, and payments may be made on his certificate of necessity for confidential military purposes; $9,243,000,000, of which not less than $592,200,000 shall be available only for the maintenance of lea] property facilities. OPERATION AND M A I N T E N A N C E, D E F E N S E AGENCIES

J

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 and the Defense Civil Preparedness Agency), as authorized by law; $3,034,000,000: Provided, That not to exceed $3,716,000 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 $52,500,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That $968,600,000 shall be available only for the Defense Logistics Agency and $453,500,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services. OPERATION AND M A I N T E N A N C E, A R M Y

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; $416,900,000, of which not less than $32,000,000 shall be available only for the maintenance of real property facilities. . . . OPERATION AND M A I N T E N A N C E, 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; $382,900,000, of which not less than $15,400,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, M A R I N E 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 t r a n s p o i t a t i o n; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $19,900,000, of which not less than $1,200,000 shall bo available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1289

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1235

OPERATION AND M A I N T E N A N C E, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the A i r 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; $384,700,000, of which not less than $12,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A R M Y 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 G u a r d B u r e a u; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National G u a r d division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National G u a r d B u r e a u; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraift); $789,700,000, of which not less than $15,400,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R NATIONAL GUARD

For operation and maintenance of the A i r National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the A i r National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of t h i n g s; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the A i r National G u a r d; 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 A i r National G u a r d personnel on active Federal duty, for A i r National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard B u r e a u; $932,700,000, of which not less than $20,000,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD TOR THE PROMOTION OF R I F L E PRACTICE, A R M Y

For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in m a r k s m a n s h i p; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $365,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National B o a r d; and from other funds provided in this Act, not to exceed $329,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1290

 92 STAT. 1236

PUBLIC LAW 95-457—OCT. 13, 1978 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; $87,500,000. ,•,,-••,:-•:

CONTINGENCIES, D E F E N S E

.

For emergency and extraordinary expenses arising in the Department of Defense, 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; $2,500,000. COURT OF MILITARY APPEALS, D E F E N S E

For salaries and expenses necessary for the United States Court of Military A p p e a l s; $1,750,000, and not to exceed $1,500 can be used for official representation purposes. .jr ..'; ,

FOREIGN CURRENCY FLUCTUATIONS, D E F E N S E

For transfer by the Secretary of Defense to or from appropriations available for military functions of the Department of Defense for fiscal year 1979, or thereafter, for the expenses of military personnel or operation and maintenance, in order to maintain the budgeted level of operations for such appropriations and thereby eliminate substantial gains and losses to such appropriations caused by fluctuations in foreign currency exchange rates that vary substantially from those used in preparing budget submissions; $500,000,000, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation to which transferred, and funds transferred to this appropriation shall be merged wuth, and be available for the purpose of this appropriation until expended: Provided jurtlier^ That transfers may be made from time to time from this appropriation to the extent the Secretary of Defense determines it may be necessary to do so to reflect downward fluctuations in the currency exchange rates from those used in p r e p a r i n g the budget submissions for such appropriations, but transfers shall be made from such appropriations to this appropriation to reflect u p w a r d fluctuations in currency exchange rates to prevent substantial net gains in such a p p r o p r i a t i o n s: Provided further, That restrictions contained within appropriations or other provisions of law limiting the amounts that may be obligated or expended for rentals, construction, or other services or supplies are hereby increased to the extent necessary to reflect downward fluctuations in currency exchange rates from those used in preparing the applicable budget submission: Provided further, That contracts or other obligations entered into payable in foreign currencies may be recorded as obligations based on the currency exchange rates used in p r e p a r i n g budget submissions, and adjustments to reflect fluctuations to currency exchange rates may be recorded as disbursements are m a d e: Provided

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1291

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1237

further, That the Secretary of Defense shall provide an annual report to the Congress on all transfers made to or from this appropriation. X III OLYMPIC W I N T E R GAMES

For logistical support and personnel services to the X III Olympic W i n t e r Games; $2,000,000. During the currejit fiscal year, the Secretary of Defense may transfer the funds made available for this purpose to any appropriation contained in Title I or Title III of this Act or any subdivision thereof: Provided, That funds transferred pursuant to this authority shall be merged with and made available for the same purpose as the appropriation to which transfer r e d: Provided further, That transfer authority provided herein shall be in addition to that provided in section 834 of this Act. TITLE IV PROCUREMENT AIRCRAFT PROCUREMENT, A R M Y

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordinance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and t r a i n i n g 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. installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractorowned equipment l a y a w a y; and other expenses necessary for the foregoing purposes; $949,709,000, to remain available for obligation until September 30, 1981. M I S S I L E PROCUREMENT, A R M Y

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordinance, 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 p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $736,900,000, to remain available for obligation until September 30, 1981. PROCUREMENT OF W E A P O N S AND TRACKED COMBAT V E H I C L E S, A R M Y

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and train-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1292

 92 STAT. 1238

40 USC 255.

PUBLIC LAW 95-457—OCT. 13, 1978 ing 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; $1,511,100,000, to remain available for obligation until September 30, 1981. PROCUREMENT or AMMUNITION, ARMY (INCLUDING TRANSFER OF FUNDS)

»- •,

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, 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; $1,218,100,000, and in addition, $30,000,000 shall be derived Dy transfer from "Procurement of Ammunition, Army, 1976/1978", to remain available for obligation until September 30, 1981. .. j

OTHER PROCUREMENT, ARMY (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed one hundred and thirty passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance 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 ac(juired, 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; $1,642,250,000, and in addition, $40,000,000 which shall be derived by transfer from "Other Procurement, Army, 1976/1978", to remain available for obligation until September 30, 1981. 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

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1293

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1239

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, 40 USC 255. appliances, and machine tools in public and private p l a n t s; reserve p l a n t and Government and contractor-owned equipment layaway; $4,358,700,000, to remain available for obligation until September 30, 1981. WEAPONS

PROCURiiMENT, N A V Y

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 p l a n t s; reserve plant and Government and contractor-owned equipment layaway; $1,955,600,000, to remain available for obligation until September 30, 198L SHIPBUILDING AND CONVERSION, NAVY

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 p l a n t s; 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, $198,000,000; for the SSN-688 nuclear attack submarine program, $351,900,000; for the aircraft carrier service life extension program, $32,200,000; for the D D G - 2 guided missile destroyer modernization program, $128,000,000; for the F F G - 7 guided missile frigate program, $1,493,100,000; for the A D destroyer tender program, $318,000,000; for the T - A R C cable laying ship program, $191,000,000; for the T - A G O S S U R T A S S ship program, $69,000,000; for craft, outfitting, post delivery, and cost growth on prior year programs, $978,400,000; in a l l: $3,759,600,000, to remain available for obligation until September 30, 1983: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1294

 92 STAT. 1240

PUBLIC LAW 95-457—OCT. 13, 1978

authorized for conversion); the purchase of not to exceed six hundred and seventy-one passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary there)' M • for, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required 40 USC 255. 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; $2,641,600,000, to remain available for obligation until September 30, 1981. 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 two hundred and twenty-four passenger motor vehicles for replacement only; $356,000,000, to remain available for obligation until September 30, 1981. AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to 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; $6,893,307,000, to remain available for obligation until September 30, 1981. MISSILE PROCUREMENT, AIR FORCE

^' *

For construction, procurement, and modification of missiles, 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; $1,579,800,000, to remain available for obligation until September 30, 1981.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1295

 PUBLIC LAW 95-457—OCT. 13, 1978 OTHER PROCUREMENT, A I R FORCE

92 STAT. 1241 J

(INCLUDING IT.ANSFER 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 part s therefor, not otherwise provided for; the purchase of not to exceed one hundred and eight passenger motor vehicles 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 equip- 40 USC 255. ment layaway; $2,362,250,000, and in addition, $37,000,000, which shall be derived by transfer from "Other Procurement, Air Force, 1978/1980", to remain available for obligation until September 30, 1981. PROCUREMENT, D E F E N S E AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed seventy-four passenger motor vehicles 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; $273,800,000, to remain available for obligation until September 30, 1981. TITLE V RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, A R M Y
 * RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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; $2,635,864,000, to remain available for obligation until September 30, 1980. RESEARCH, DEVELOPMENT, T'EST, AND EVALUATION, NAVY (INCLUDING TRANSFER OF FUNDS)

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

•;, v- '

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1296

 92 STAT. 1242

PUBLIC LAW 95-457—OCT. 13, 1978 by law; $4,468,871,000, and in addition, $15,000,000 which shall be derived by transfer from "Research, Development, Test, and Evaluation, Navy, 1977/1978", to remain available for obligation until September 30,' 1980. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, A I R FORCE

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; $4,131,040,000, to remain available for obligation until September 30, 1980. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, D E F E N S E AGENCIES

 * ' ] Is*

Transfer and merger of funds,

p o r expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), 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; $892,887,000, to remain available for obligation until September 30, 1980: 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 ancTtime 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 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 T E S T AND EVALUATION, D E F E N S E

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; $27,600,000, to remain available for obligation until September 30, 1980. 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 program s of the Department of Defense, as authorized by law; $14,362,000, to remain available for obligation until September 30, 1980: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1297

 92 STAT. 1243

PUBLIC LAW 95-457—OCT. 13, 1978 _:,

TITLE VII

i

WORKING CAPITAL FUNDS ABMY STOCK FUND

For the Army stock fund, $74,000,000. AIR FORCE STOCK FUND

For the Air Force stock fund, $26,800,000. TITLE VIII GENERAL PROVISIONS SEC. 801. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses during the current fiscal year in connection with the demilitarization of any arms as advertised by the Department of Defense, Defense Logistics Agency sale number 31-8118 issued January 24, 1978, and listed as "no longer needed by the Federal Government". SEC. 802. No part of any appropriation contained in this Act shall Publicity or be used for publicity or propaganda purposes not authorized by the propaganda. Congress. SEC. 803. During the current fiscal year, the Secretary of Defense Experts or and the Secretaries of the Army, Navy, and Air Force, respectively, if consultants. 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. 804. During the current fiscal year, provisions of law prohibit- Employment of ing the payment of compensation to, or employment of, any person noncitizens. not a citizen of the United States shall not apply to personnel of the 31 USC 700. Department of Defense. SEC. 805. Appropriations contained in this Act shall be available Appropriations for insiirance of official motor vehicles in foreign countries, when availability. 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. 806. Any appropriation available to the Army, Navy, or Air 31 USC 649a. 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

39-194 O—80—pt. 1

82: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1298

 92 STAT. 1244

Land acquisition.

Dependents' schooling.

Deficiency judgments. Leasing.

Tools, maintenance. Access roads.

22 USC 2385. 10 USC 858 note.

PUBLIC LAW 95-457—OCT. 13, 1978 to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 807. 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. 808. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $298,682,000, when the Secretary of Defense finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (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 for twelve months beginning at any time during the fiscal year; and (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)(1) of the Foreign Assistance Act of 1961, as amended. SEC. 809. 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 supemumer-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1299

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1245

aries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; ,,.,.. •, (e) expenses of prisoners confined in non-military 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 Xavy by law (10 U.S.C. 7208); (j) expenses of apprehension and delivery of deserters, 10 USC 807note, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case; and (k) expenses of arrangements with foreign countries for cryptologic support. SEC. 810. The Secretary of Defense and each purchasing and con- Small business tracting agency of the Department of Defense shall assist American assistance. 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 assig-ned to promoting both small and minority business involvment 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. 811. No appropriation contained in this Act shall be available Mess operations, for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 812. No part of any appropriation contained in this Act shall Fiscal year remain available for obligation beyond the current fiscal year unless limitation. expressly so provided herein. SEC. 813. Appropriations of the Department of Defense available Reimbursable for operation and maintenance may be reimbursed during the current appropriations. fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report Report to Congress.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1300

 92 STAT. 1246 50 USC 100a-

31 USC 665. Airborne alert expenses.

Military personnel increases, expenses.

Report to Congress.

eommissary stores.

Free utilities outside U.S.A. and in Alaska.

PUBLIC LAW 95-457—OCT. 13, 1978 of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further, That 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 scrap bailing or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 814. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, when ever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 815. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transporation outside the United States) and maintenance of operating ec^uipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenues from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1301

 PUBLIC LAW 95-457—OCT. 13, 1978 SEC. 816. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 817. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SEC. 818. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 819. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. SEC. 820. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 821. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Oode, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 822. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for

92 STAT. 1247 Proficiency flying.

Household goods.

Vessels, transfer. 40 USC 483a.

Obligated funds, limitation.

Foreign real property, use.

31 USC 700a.

Report to Congress and Office of Management and Budget. Research and development funds.

Education expenses, restrictions.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1302

 92 STAT. 1248

ROTC loyalty requirements. 10 USC 2103 note. Procurement restrictions.

Service facilities.

Inactive duty training pay.

PUBLIC LAW 95-457—OCT. 13, 1978 such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 823. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers' Training Corps, who has not executed a ceitificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 824. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000, shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of the standardization and mteroperability of equipment requirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 814 of the Department of Defense Appropriation Authorization Act, 1976: Provided further, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 825. None of the funds appropriated by this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 826. None of the funds appropriated by this Act may be obligated under section 206 of title 37, United States Code, for inactive

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 i'jsp^a^-

PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1249

duty training pay of a member of the National Guard or a member of a reserve component of a uniformed service for more than four periods of equivalent training, instruction, duty or appropriate duties that are performed instead of that member's regular period of instruction or regular period of appropriate duty. SEC. 827. Appropriations contained in this Act shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 828. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; SOStat. 508). SEC. 829. Funds provided in this Act for legislative liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $6,900,000 for fiscal year 1979: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 830. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense ^hall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. SEC. 831. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; or (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 832. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense (Contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract.

Furnishings and automobiles, purchase.

Uniforms.

Legislative liaison activities.

Civil reserve air fleet.

Civilian clothing.

Defense contractors' advertising cosl3, restrictions.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1304

 92 STAT. 1250 New facilities, restriction.

PUBLIC LAW 95-457—OCT. 13, 1978

SEC. 833. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $100,000: Provided, That the ha Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. Transfer of funds. SEC. 834. During the current fiscal year, upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to lie merged with and to be avail; v «jj = able for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items^ based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested Notification to has been denied by Congress: Provided further, That the Secretary Congress. of Defense shall notify me Congress promptly of all transfers made pursuant to this authority. Contract SEC. 835. None of the funds appropriated by this Act may be used payments in to make payments under contracts for any program, project, or activforeign countries. ity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. Working capital SEC. 836. During the current fiscal year, cash balances in working fund. capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that transfers between a stock fund account and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. Federal SEC. 837. Not more than $170,600,000 of the funds appropriated by Employees this Act shall be made available for payment to the Federal EmployCompensation ees Compensation Fund, as established by 5 U.S.C. 8147. Fund. SEC. 838. No part of the funds appropriated under this Act shall Convicted rioters. be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, pronjoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. Campus SEC. 839. No part of the funds appropriated under this Act shall disrupters. jjg used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of

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 PUBLIC LAW 95-457—OCT. 13, 1978 an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 840. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 841. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects. SEC. 842. Appropriations for the current fiscal year for operation and maintenance oi the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 843. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress. SEC. 844. No funds appropriated by this Act shall be available to pay claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence. SEC. 845. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient has been referred to such counselor by a medical doctor for treatment of a specific problem with results of that treatment to be communicated back to the physician who made such referral; (b) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) reconstructive surgery justified solely on psychiatric needs including, but not limited to, mammary augmentation, face lifts and sex gender changes; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the eightieth percentile of the customary charges made for similar services in the same locality where the medical care was furnished; or (g) any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as assessed or diagnosed by a physician, dentist, clinical psychologist, or certified nurse-midwife, as appropriate, except as authorized by section 1079 (a)(4) of title 10, United States Code. SEC. 846. Funds appropriated in this Act shall be available for the appointment, pay, and support of persons appointed as cadets and midshipmen in the two-year Senior Reserve Officers' Training Corps course in excess of the 20 percent limitation on such persons imposed

92 STAT. 1251

Heating plant conversion. Involuntary experimental subjects.

Reprogramming of funds.

Health prograra, restrictions.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1306

 92 STAT. 1252

Unused accrued leave.

Enlisted aides, limitation. Public affairs activities.

22 USC 2777. 22 USC 2761. Medical care evaluation test. Transfer and merger of funds.

Notification of Congress.

Senior Reserve Officers' Training Corps.

PUBLIC LAW 95-457—OCT. 13, 1978 by section 2107(a) of title 10, United States Code, but not to exceed 60 percent of total authorized scholarships. SEC. 847. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than sixty days of such leave, less the number of days for which payment was previously made under section 501 after February 9, 1976. SEC. 848. None of the funds appropriated by this Act may be used to support more than 300 enlisted aides for officers in the United States Armed Forces. SEC. 849. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $25,000,000. SEC. 850. None of the funds provided in this Act shall be available for the planning or execution of programs which utilize amounts credited to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the Arms Export Control Act representing payment for the actual value of defense articles specified in section 21(a)(1) of that Act: Provided, That such amounts so credited shall be deposited in the Treasury as miscellaneous receipts as provided in 31 U.S.C. 484. SEC. 851. During the current fiscal year, for the purpose of conducting a test to evaluate a capitation approach to providing medical care and to that end for the purpose of providing adequate funds in Department of Defense Medical Regions 1 and 9 for medical care, including the expenses of the Civilian Health and Medical Program of the Uniformed Services, funds available to the Department of Defense in the appropriation "Operation and Maintenance, Defense Agencies" for expenses of the Civilian Health and Medical Program of the Uniformed Services may be transferred to appropriations available to the military departments for operation and maintenance, and funds available to the military departments for operation and maintenance may be transferred between such appropriations: Provided, That funds transferred pursuant to this authority shall be merged with and made available for the same purpose as the appropriation to which transferred: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority: Provided further, That transfer authority provided herein shall be in addition to that provided in section 834 of this Act. SEC. 852. No appropriation contained in this Act shall be available to fund any costs of a Senior Reserve Officers' Training Corps unit— except to complete training of personnel enrolled in Military Science 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1978, enrolled less than (a) seventeen students where the institution prescribes a fouryear or a combination four- and two-year program; or (b) twelve_students where the institution prescribes a two-year program: Provided, That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers' Training Corps unit in each State and at each State-operated maritime academy: Provided further, That units under the consortium system shall be considered as a single unit for purposes of evaluation of productivity under this provision. SEC. 853. None of the funds appropriated by this Act shall be obligated under the Competitive Rate Program of the Department of Defense for the transportation of household goods to or from Alaska or Hawaii.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1307

 PUBLIC LAW 95-457—OCT. 13, 1978

92 STAT. 1253

SEC. 854. (a) None of the funds appropriated by this Act or available Limitation, in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designated post of duty, or in the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when adequate government quarters are available, but are not occupied by such person. (b) The limitation set forth in subsection (a) is not applicable to employees whose duties require official travel in excess of fifty percent of the total number of the Ijasic administrative work weeks during the current fiscal year. SEC. 855. (a) None of the funds appropriated by this Act shall be Retainer pay. available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marme Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, if the provisions of section 6330 (d) of title 10, are utilized in determining such member's eligibility for retirement under section 6330(b) of title 10: Provided, That notwithstanding the foregoing, time creditable as active service for a completed minority enlistment, and an enlistment terminated within three months before the end of the term of enlistment under section 6330(d) of title 10, prior to December 31, 1977, may be utilized in determining eligibility for retirement: Provided further, That notwithstanding the foregoing, time may be credited as active service in determining a member's eligibility for retirement under section 6330(b) of title 10 pursuant to the provisions of the first sentence of section 6330(d) of title 10 for those members who had formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977. (b) None of the funds appropriated by this Act shall be available to pay that portion of the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United -— States Code, on or after December 31, 1977, which is attributable under the second sentence of section 6330(d) of title 10 to time which, after December 31, 1977, is not actually served by such member. SEC. 856. None of the funds appropriated by this Act for programs Central of the Central Intelligence Agency shall remain available for obliga- Intelligence Agency. tion beyond the current fiscal year. SEC. 857. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 858. None of the funds appropriated by this Act may be used to Morale, welfare, support more than 9,901 full-time and 2,603 part-time military person- and recreation nel assigned to or used in the support of Morale, Welfare, and Recrea- activities. tion activities as described in Department of Defense Instruction 7000.12 and its enclosures, dated July 17, 1974. SEC. 859. During the current fiscal year, i\v? Department of Defense Loan guaranteei may guarantee loans pursuant to Title III of the Defense Production Act of 1950 as amended (50 U.S.C. App. 2091. 64 Stat. 800) in an amount not to exceed $30,000,000. SEC. 860. None of the funds appropriated by this Act may be used for the consolidation or realignment of advanced or undergraduate pilot training squadrons of the Navy as currently proposed by the Department of Defense.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1308

 92 STAT. 1254

Dependent travel entitlements, limitation. Abortion, limitations.

PUBLIC LAW 95-457—OCT. 13, 1978 SEC. 861. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. SEC. 862. None of the funds appropriated by this Act shall be used to pay for dependent travel entitlements to overseas areas if such payment would increase the total number of military dependents overseas above 350,000. SEC. 863. None of the funds appropriated by this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims or rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service; or except in those instances where severe and long-lasting physical health damage to the mother would result if the pregnancy were carried to term when so determined by two physicians. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. TITLE IX RELATED AGENCIES INTELLIGENCE COMMUNITY STAFF

For necessary expenses of the Intelligence Community Staff; $12,000,000. PAYMENT TO THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

Short title.

FUND

For payment to the Central Intelligence Agency Retirement and Disability Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System; $43,500,000. This Act may be cited as the "Department of Defense Appropriation Act, 1979". Approved October 13, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1398 (Comm. on Appropriations) and No. 95-1764 (Comm. of Conference). SENATE REPORT No. 95-1264 (Comm. on Appropriations). CONGRESSIONAL RECORD, VoL 124 (1978): Aug. 4, 7, 9, considered and passed House. Oct. 4, 5, considered and passed Senate, amended. Oct. 12, House agreed to conference report; receded and concurred in certain Senate amendments; receded and concurred in others with amendments; Senate agreed to conference report; concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1309

 92 STAT. 1 2 5 5

PUBLIC LAW 9 5 - 4 5 8 — O C T. 14, 1978

Public Law 95-458 95th Congress An Act To amend the Internal Revenue Code of 1954 with respect to excise tax on certain trucks, buses, tractors, et cetera, home production of beer and wine, refunds of the taxes on gasoline and special fuels to aerial applicators, and partial rollovers of lump sum distributions.

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

Oct. 14. 1978 [H.R. 1337]

of the

Internal Revenue Code SECTION 1 EXCISE TAX ON CERTAIN TRUCKS, BUSES, TRACTORS, ETC. of 1954, . amendments. (a) IN GENERAL. — Paragraph (1) of section 4216(b) of the I n t e r n a l 26 USC 4216.

Revenue Code of 1954 (relating to constructive sale price) is amended by inserting after the second sentence thereof the following new sentence: " I n the case of an article the sale of which is taxable under section 4061(a) and which is sold a t retail, the computation under the 26 USC 4061 first sentence of this paragraph shall be a percentage (not greater than 100 percent) of the actual selling price based on the highest price for which such articles are sold by manufacturers and producers in the ordinary course of trade (determined without regard to any individual manufacturer's or producer's cost)". (b) CONFORMING AMENDMENT. — The second sentence of paragraph

,

,. j

(1) of such section 4216(b) is amended by inserting " ( other than an article the sale of which is taxable under section 4061(a)) " after "sold at retail". (c) EFFECTIVE D A T E. — The amendments made by this section shall 26 USC 4216 apply to articles sold by the manufacturer or producer on or after note. the first d a y of the first calendar quarter beginning 30 days or more after the date of enactment of t h i s Act. SEC. 2. HOME PRODUCTION OF BEER AND WINE. (a) E X E M P T I O N F R O M T A X ON W I N E. — S e c t i o n 5042(a)(2) of the

26 USC 5042.

I n t e r n a l Revenue Code of 1954 (relating to production of wine for personal consumption) is amended to read as follows: " (2) W I N E FOR PERSONAL OR FAMILY USE.—Subject to regula-

tions prescribed by the Secretary— " (A) EXEMPTION.—Any adult may, without payment of tax, produce wine for personal or family use and not for sale. " (B) L I M I T A T I O N. — The aggregate amount of wine exempt from tax under this paragraph with respect to any household shall not exceed— " (i) 200 gallons per calendar year if there are 2 or more adults in such household, or " ( i i) 100 gallons per calendar year if there is only 1 adult in such household. " (C) ADULTS.—For purposes of this paragraph, the term 'adult' means a n individual who has attained 18 years of age, or the minimum age (if any) established by law applicable ^^,;,_,,, in the locality in which the household is situated at which wine may be sold to individuals, whichever is greater.". (b) E X E M P T I O N F R O M T A X ON B E E R. — (1) IN GENERAL.—-Section 5053 of such Code (relating to 26 USC 5053. exemptions from excise tax on beer) is amended by redesignat-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1310

 92 STAT. 1256

Limitation.

"Adult."

PUBLIC LAW 95-458—OCT. 14, 1978 ing subsection (e) as subsection (f) and by inserting after subsection (d) the following new section: "(e) BEER FOR PERSONAL OR FAMILY USE.—Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed— " (1) 200 gallons per calendar year if there are 2 or more adults in such household, or " (2) 100 gallons per calendar year if there is only 1 adult in such household. For purposes of this subsection, the term 'adult' means an individual who has attained 18 years of age, or the mininmm age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.". (2)

ILLEGALLY PRODUCED BEER.—

26 USC 5051.

(A) Section 5051 of such Code (relating to imposition and rate of tax) is amended by adding at the end thereof the following new subsection: "(c) ILLEGALLY PRODUCED BEER.—The production of any beer at any place in the United States shall be subject to tax at the rate prescribed in subsection (a) and such tax shall be due and payable 26 USC 5054. as provided in section 5054(a)(3) unless— "(1) such beer is produced in a brewery ({ualified under the 26 USC 5401. provisions of subchapter G, or 26 USC 5053. «^2) such production is exempt from tax under section 5053(e) ~ (relating to beer for personal or family use).". '• (B) Section 5054(a)(3) of such Code (relating to illegally produced beer) is amended to read as follows: "(3) ILLEGALLY PRODUCED BEER.—The tax on any beer produced in the United States shall be due and payable immediately .S*ilc:)?IJ oS upon production unless— "(A) such beer is produced in a brewery qualified under the provisions of subchapter G, or fe'u " (B) such production is exempt from tax under sections 5053(e) (relating to beer for personal or family use).". 26 USC 5092. (3) DEFINITION OF BREWER.—Section 5092 of such Code (defining brewer) is amended to read as follows: "SEC. 5092. DEFINITION OF BREWER. "Every person who brews beer (except a person who produces only beer exempt from tax under section 5053(e)) and every person who produces beer for sale shall be deemed to be a brewer.". (4) EXEMPTION FROM CERTAIN PROVISIONS RELATING TO DISTILLING

26 USC 5222.

MATERIALS.—Section 5222(a)(2)(C) of such Code (relating to certain exemptions) is amended by striking out "; or" and inserting in lieu thereof "or 5053 (e); or". (5) PENALTY FOR UNLAWFUL PRODUCTION OF BEER.—

26 USC 5674. .-.^.^,,.,:..

(A) Section 5674 of such Code (relating to penalty for unlawful removal of beer) is amended to read as follows: "SEC. 5674. PENALTY FOR UNLAWFUL PRODUCTION OR REMOVAL OF BEER. "(a) UNLAWFUL PRODUCTION.—Any person who brews beer or produces beer shall be fined not more than $1,000, or imprisoned not more than 1 year, or both, unless such beer is brewed or produced in a brewery

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1311

 PUBLIC LAW 95-458—OCT. 14, 1978

92 STAT. 1257

qualified under subchapter G or such production is exempt from tax under section 5053(e) (relating to beer for personal or family u s e). " (b) UNLAWFUL REMOVAL.—Any brewer or other person who removes or in any way aids in the removal from any brewery of beer without complying with the provisions of this chapter or regulations issued pursuant thereto shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.". (B) The item relating to section 5674 in the table of sections for part III of subchapter J of chapter 51 of such Code is amended to read as follows: "Sec. 5674. Penalty for unlawful production or removal of beer.", (c) EFFECTIVE D A T E. — The amendments made by this section shall take effect on the first d a y of the first calendar month which begins more than 90 days after the date of the enactment of this Act. SEC. 3. REFUNDS TO BE MADE TO AERIAL APPLICATORS IN CERTAIN CASES.

26 USC 5401. 26 USC 5053. Penalty,

26 USC 5674.

26 USC 5042 note,

(a) ENTITLEMENT OF AERIAL ArpLicATORs TO K E F U N D OF GASOLINE

TAX I N CERTAIN CASES.—Subsection (c) of section 6420 of the I n t e r n a l Revenue Code of 1954 (defining use on a farm for farming purposes) 26 USC 6420. is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: s "(4)

CERTAIN FARMING USE OTHER THAN BY OWNER, E T C. — I n

applying paragraph (3)(A) to a use on a farm for any purpose described in paragraph (3)(A) by any person other than the owner, tenant, or operator of such farm— " (A) the owner, tenant, or operator of such farm shall be treated as the user and ultimate purchaser of the gasoline, except that " (B) if the person so using the gasoline is an aerial applicator who is the ultimate purchaser* of the gasoline and the person described in subparagraph (A) waives ( a t such time and in such form and manner as the Secretary shall prescribe) ' ' his r i g h t to be treated as the user and ultimate purchaser of the gasoline, then subparagraph (A) of this paragraph shall not apply and the aerial applicator shall be treated as h a v i n g used such gasoline on a f a r m for f a r m i n g purposes.". (b) ENTITLEMENT OF AERIAL APPLICATORS TO R E F U N D OF SPECIAL

F U E L S TAX I N CERTAIN CASES.—The second sentence of subsection (c)

of section 6427 of such Code (relating to use for f a r m i n g purposes) is amended to read as follows: " For purposes of this subsection, if fuel is used on a farm by any person other than the owner, tenant, or operator of such farm, the rules of paragraph (4) of section 6420(c) shall be applied (except that 'liquid taxable under section 4041' shall be substituted for 'gasoline' each place i t appears i n such paragraph (4)).". (c) CONFORMING AMENDMENT. — Subparagraph (A) of section 6420 (c)(3) of such Code is amended by striking o u t "except that " and all that follows down through the semicolon at the end of such subparagraph (A). (d) EFFECTIVE D A T E. — The amendments made by this section shall t a k e effect on the first d a y of the first calendar quarter which begins more than 90 days after the date of the enactment of this Act. SEC. 4. PARTIAL ROLLOVERS OF LUMP SUM DISTRIBUTIONS. (a)

PARTIAL ROLLOVER F R O M EMPLOYEES' TRUSTS PERMITTED. —

26 USC 6427.

26 USC 4041.

' '' * ' ' 26 USC 6420 note. '" ""'""' '

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1312

 92 STAT. 1258

PUBLIC LAW 95-458—OCT. 14, 1978 Paragraph (5) of section 402(a) of the I n t e r n a l Revenue Code of 1954 (relating to rollover amounts) is amended to read as follows:

26 USC 402.

" (5) R O L L O V E R AMOUNTS.— " (A) GENERAL RULE.—If—

" (i) the balance to the credit of a n employee in a qualified trust is paid to h i m i n a qualifying rollover distribution, " ( i i) the employee transfers any portion of the property h e receives i n such distribution to an eligible retirement plan, and " ( i i i) in the case of a distribution of property other than money, the amount so transferred consists of the property distributed, then such distribution ( to the extent so transferred) shall not be includible i n gross income for the taxable year i n which paid.

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"(B)

MAXIMUM AMOUNT W H I C H M A T BE ROLLED OVER.—

I n the case of any qualifying rollover distribution, the maximum a m o u n t transfer r e d to which subparagraph (A) applies shall not exceed the fair market value of all the property the employee receives in the distribution, reduced by the employee contributions.

,,.

"(C)

TRANSFER MUST BE MADE W I T H I N 6 o DAYS OF RECEIPT.—

Subparagraph (A) shall not apply to any transfer of a distribution made after the 60th d a y following the d a y on which the employee received the property distributed. " (D) DEFINITIONS. — For purposes of this paragraph — "(i)

, '

'qualifying rollover distribution' means 1 o r more distributions— " (I) within 1 taxable year of the employee on account of a termination of the p l a n of which the t r u s t is a part or, in the case of a profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan, or " ( II) which constitute a lump sum distribution within the meaning of subsection (e)(4)(A) (determined without reference to subsection (e)(4)(B)).

^

". .<>j.

Q U A L I F Y I N G ROLLOVER DISTRIBUTION.—The term

.

" ( i i) E M P L O Y E E CONTRIBUTIONS.—The term ' e m p l o y e e

26 USC 72. ' 26 USC 401. 26 USC 501.

,

,

contributions'means— " (I) the excess of the amounts considered contributed by the employee (determined by a p p l y i n g section 7 2 (f)), over " ( II) any amounts theretofore distributed to the employee which were not includible in gross income. " ( i i i) QUALIFIED TRUST.—The term 'qualified t r u s t ' means an employees' t r u s t described i n section 401(a) which is exempt from tax under section 501(a). " ( i v) ELIGIBLE RETIREMENT P L A N. — The term 'eligible

^ ^.,. 26 USC 408.

..y. ", • ' '

retirement p l a n ' means — " (I) a n individual retirement account described, in section 4 0 8 (a), " ( II) an individual retirement annuity described i n section 408(b) (other than a n endowment '•' contract),

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1313

 PUBLIC LAW 95-458—OCT. 14, 1978 '* ' ' ' " ' "' ,,

92 STAT. 1259

" ( III) a retirement bond described in section 409, 26 USC 409. " (IV) a qualified trust, and "(V) an annuity plan described in section 403(a). 26 USC 403.

• " (E) SPECIAL RULES.— "(i)

TRANSFER TREATED AS ROLLOVER CONTRIBUTION SECTION 4 0 8.—For purposes of this title, a transfer

UNDER described in subparagraph (A) to an eligible retirement plan described in subclause (I), ( II), or ( III) of subparagraph (D) (iv) shall be treated as a rollover contribution described in section 408(d)(3). "(ii)

SELF-EMPLOYED

INDIVIDUALS

AND

26 USC 408.

OWNER-

EMPLOYEES.—An eligible retirement plan described in subclause (IV) or (V) of subparagraph (D) (iv) shall not be treated as an eligible retirement plan for the transfer of a distribution if any part of the distribution is attributable to a trust forming part of a plan under which the employee was an employee within the meaning of section 401(c)(1) at the time contributions were 26 USC 401. made on his behal f under the plan." (b) PARTIAL ROLLOVER OF ANNUITY CONTRACTS PERMITTED.—Sub-

section (a) of section 403 of such Code (relating to taxability of 26 USC 403. beneficiary under a qualified annuity plan) is amended by striking out paragraphs (4) and (5) and inserting in lieu thereof the following new paragraph: "(4)

ROLLOVER AMOUNTS.—

" (A) GENERAL RULE.—If—

^

" (i) the balance to the credit of an employee in an employee annuity described in paragraph (1) is paid to him in a qualifying rollover distribution. "(ii) the employee transfers any portion of the property he receives in such distribution to an eligible retirement plan, and "(iii) in the case of a distribution of property other than money, the amount so transferred consists of the property distributed, then such distribution (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid. "(B)

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-

CERTAIN RULES MADE APPLICABLE.—Eules similar to

the rules of subparagraphs (B) through (E) of section 402 Ante, p. 1258. (a)(5) and of paragraph (6) of section 402(a) shall apply 26 USC 402. for purposes of subparagraph (A)." (c) TAXATION OF PORTION NOT ROLLED OVER.—

(1) IN GENERAL.—Paragraph (6) of section 402(a) of such Code (relating to special rollover rules) is amended by adding at the end thereof the following new subparagraph: "(C)

TREATMENT OF PORTION NOT ROLLED OVER.—If

any

portion of a lump sum distribution is transferred in a transfer to which paragraph (5)(A) applies, paragraph (2) of sub- Ante, p. 1258. section (a), and paragraphs (1) and (3) of subsection (e) shall not apply with respect to such lump sum distribution." (2) CONFORMING AMENDMENTS.—Paragraph (6) of section

402 (a) of such Code is amended— (A) by striking out "For purposes of paragraph (5)(A) (i)"»

39-194 O—80—pt, 1

83: QL3

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