Page:United States Statutes at Large Volume 97.djvu/1482

 97 STAT. 1450 PUBLIC LAW 98-212 —DEC. 8, 1983 Retired or retainer pay, limitation. 10 USC 1201 et seq. 10 USC 1331 et seq. 22 USC 2761. ehild advocacy and family counseling services. POMeus transportation. Transfer of m ili tary equipment or data to foreign country. SEC. 762. None of the funds appropriated by this Act shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1, 1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the compu- tation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Provided, That the foregoing limitation shall not apply to any member who before January 1, 1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; (b) is being processed for retirement under the provisions of chapter 61 of title 10 or who is on the temporary disability retired list and thereafter retired under the provisions of sections 1210(c) or (d) of title 10; or (c) is retired or in an inactive status and would be eligible for retired pay under the provisions of chapter 67 of title 10, but for the fact that the person is under 60 years of age. SEC. 762A. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(eKl)(C) of the Arms Export Control Act unless the Committees on Appropri- ations have been notified in advance of the proposed waiver. SEC. 763. Funds available to the Department of Defense during the current fiscal year shall be available to continue a program to provide child advocacy and family counseling services to deal with problems of child and spouse abuse. SEC. 764. None of the funds appropriated by this Act shall be available for the transportation of equipment or materiel designated as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets: Provided, That the foregoing limitation shall not apply with respect to any item of equipment or materiel which is maintained in the inventories of the Active and Reserve Forces at levels of at least 70 per centum of the established requirements for such an item of equipment or materiel for the Active Forces and 50 per centum of the established requirement for the Reserve Forces for such an item of equipment or materiel: Provided further. That no additional commitments to the establish- ment of POMCUS sites shall be made without prior approval of Congress. SEC. 765. (a) None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufac- ture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved. (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and oper- ated defense plant manufacturing large caliber cannons to any foreign government, nor for assisting any such government in pro- ducing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated defense plant manufacturing large caliber cannons. (c) None of the funds in this Act shall be used, in any way, directly or indirectly, to sell or otherwise provide the AN/SQR-19 Towed Array Sonar to any foreign country, directly or indirectly, including any administrative and military and civilian personnel costs in

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