Page:United States Statutes at Large Volume 103 Part 2.djvu/128

 103 STAT. 1138 PUBLIC LAW 101-165—NOV. 21, 1989 Maritime affairs. Computers. another Agency for execution, shall remain available until expended. SEC. 9043. Notwithstanding any other provision of law, the Sec- retary of the Navy may use funds appropriated to charter ships to be used as auxiliary minesweepers providing that the owner agrees that these ships may be activated as Navy Reserve ships with Navy Reserve crews used in training exercises conducted in accordance with law and policies governing Naval Reserve forces. SEC. 9044. None of the funds in this Act may be used to execute a contract for the Civilian Health and Medical Program of the Uni- formed Services (CHAMPUS) Reform Initiative that exceeds the total fiscal year 1987 costs for CHAMPUS care provided in Califor- nia and Hawaii, plus normal and reasonable adjustments for price and program growth: Provided, That any and all funds derived from contracts or subcontracts issued for the CHAMPUS Reform Initia- tive shall not be subject to any Hawaii State or local sales, general excise, or similar taxes imposed upon gross sales, gross income, or gross receipts, except to the extent that such taxes are uniformly imposed upon physicians, hospitals, and all similar direct providers of health care services. SEC. 9045. Funds appropriated or made available in this Act shall be obligated and expended to continue to fully utilize the facilities at the United States Army Engineer's Waterways Experiment Station, including the continued availability of the supercomputer capability and the planned upgrade of this capability: Provided, That none of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Sec- retary of Defense certifies to the Armed Services and Appropria- tions Committees of Congress that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. SEC. 9046. For the purposes of the Balanced Budget and Emer- gency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1990, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes, and the P-1 and R-1 budget justification documents as subsequently modified by Congres- sional action: Provided, however. That the following exception to the above definition shall apply: For the Military Personnel and the Operation and Maintenance accounts, the term "program, project, and activity" is defined as the appropriations accounts contained in the Department of Defense Appropriations Act. SEC. 9047. (a) Of the funds appropriated to the Army, $12,000,000 shall be available only for the Reserve Component Automation System (RCAS): Provided, That none of these funds can be expended: (1) except as approved by the Chief of the National Guard Bureau; (2) unless RCAS resource management functions are per- formed by the National Guard Bureau; (3) unless the RCAS contract source selection official is the Chief of the National Guard Bureau;

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