Page:United States Statutes at Large Volume 75.djvu/417

 75 ST AT.]

PUBLIC LAW 87-144-AUG. 17, 1961

377

S^C). '610. No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this or some other appropriation Act. SEC. 611. Appropriations of the Department of Defense available for operation and maintenance, may be reimbursed during the current 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 oi title 10, United States Code, from amounts 7OA Stat. 149. received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation Report ito conshall be made quarterly to the Committees on Appropriations of the mufees?^ c o mCongress: 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 baling 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. 612. (a) During the current fiscal year, the President may thorfzations"" ^"^ exempt appropriations, fund, 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, ^i use eses. as amended, whenever he deems such action to be necessary in the interests 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 R.S. 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to Military personincrease the number of military personnel on active duty 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 Revised Statutes 3732 (41 U.S.C. 11). SEC. 613. No appropriation contained in this Act shall be available ^^^^J^ missary in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (induding commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or esthnated 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 ilitary 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 revenue 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 fur- _ ther^ That no appropriation jiontained 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 64207 0-62—27

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