Page:United States Statutes at Large Volume 87.djvu/644

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C-5A funds, restrictions.

Special bank account for payment.

Audit.

Report to Congress.

76 Stat. 519; 86 Stat. 1318. 10 USC 131.

PUBLIC LAW 93-155-NOV. 16, 1973

[87

STAT.

Vietiiaiiiese or other free world forces in actions desijiiied to provide military support and assistance to the Government of Cambodia or Laos: Provided., That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of United States forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war." SEC. 802. (a) The amount of $28,400,000 authorized to be appropriated by this Act for the development and procurement of the C-5A aircraft may be expended only for the reasonable and allocable direct and indirect costs incurred by the prime airframe contractor under a contract entered into with the United States to carry out the C-5A aircraft program. No part of such amount may be used for— (1) direct costs of any other contract or activity of the prime contractor; (2) profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate; (3) bid and proposal costs, independent research and development costs, and the cost of other similar unsponsored technical effort; or (4) depreciation and amortization costs in excess of $1,700,000 on property, plant, or equipment. Any of the costs referred to in the preceding sentence which would otherwise be allocable to any work funded by such $28,400,000 may not be allocated to other portions of the C-5A aircraft contract or to any other contract with the United States, but payments to C-5A aircraft subcontractors shall not be subject to the restriction referred to in such sentence. (b) Any payments from such $28,400,000 shall be made to the prime contractor through a special bank account from which such contractor may withdraw n m d s only after a request containing a detailed justification of the amount requested has been submitted to and approved by the contracting officer for the United States. All payments made from such special bank account shall be audited by the Defense Contract Audit Agency of the Department of Defense and, on a quarterly basis, by the General Accounting Office. The Comptroller General shall submit to the Congress not more than thirty days after the close of each quarter a report on the audit for such quarter performed by the General Accounting Office pursuant to this subsection. (c) The restrictions and controls provided for in this section with respect to the $28,400,000 referred to in subsections (a) and (b) of this section shall be in addition to such other restrictions and controls as may be prescribed by the Secretary of Defense or the Secretary of the Air Force. SEC. 803. (a) Chapter 4 of title 10, United States Code, is amended by adding the following new sections after section 137 and inserting corresponding items in the chapter analysis: "§ 138. Secretary of Defense: Annual authorization of appropriations for armed forces " (a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for— "(1) procurement of aircraft, missiles, or naval vessels; " (2) any research, development, test, or evaluation, or procurement or production related thereto; " (3^ procurement of tracked combat vehicles; " (4) procurement of other weapons; or

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