Volume 72 · 712
Public Law 85–724
Making appropriations for the Department of Defense for the fiscal year ending June 30, 1959, and for other purposes.
Approved August 22, 1958
Statutory text
AN ACT
Making appropriations for the Department of Defense for the fiscal year ending June 30, 1959, 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 June 30, 1959, for military functions administered by the Department of Defense, and for other purposes, namely:
TITLE I OFFICE OF THE SECRETARY OF DEFENSE
Salaries and Expenses For expenses necessary for the Office of the Secretary of Defense, including purchase (not to exceed five for replacement only at not to exceed $3,000 each) and hire of passenger motor vehicles; and not to exceed $60,000 for emergency and extraordinary expenses, to be expended under the direction of the Secretary of Defense for such purposes as he deems proper, and his determination thereon shall be final and conclusive; $15,600,000.
Office of Public Affairs salaries and expenses For salaries and expenses necessary for the Office of Public Affairs, $417,000.
Advanced Research Projects Agency salaries and expenses For expenses necessary for such advanced research projects as may be designated and determined by the Secretary of Defense, $520,000,000, to remain available until expended: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available for related programs in other appropriations available to the Department of Defense during the current fiscal year may be transferred to and merged with this appropriation to be available for the same purposes and time 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.
TITLE II INTERSERVICE ACTIVITIES
Claims For payment of claims by the Office of the Secretary of Defense, the Army (except as provided in appropriations for civil functions administered by the Department of the Army), Navy, Marine Corps, and Air Force, as authorized by law; claims (not to exceed $1,000 in any one case) for damages to or loss of private property incident to the operation of Army and Air National Guard camps of instruction, either during the stay of units of said organizations at such camps or while en route thereto or therefrom; claims for damages arising under training contracts with carriers; and repayment or amounts determined by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or officers designated by them, to have been erroneously collected from military and civilian personnel of the Departments of the Army, Navy, and Air Force or from States, Territories, or the District of Columbia, or members of National Guard units thereof; $16,520,000.
Contingencies For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes, $30,000,000: Provided, That a report of disbursements under this item of appropriation shall be made quarterly to the Appropriations Committees of the Congress.
Emergency Fund For transfer by the Secretary of Defense, with the approval of the Bureau of the Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, or procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred, $150,000,000, and in addition not to exceed $150,000,000 to be used upon determination by the Secretary of Defense that such funds can be wisely, profitably, and practically used in the interest of national defense and to be derived by transfer from such appropriations available to the Department of Defense for obligation during the current fiscal year as the Secretary of Defense may designate: Provided, That any appropriations transferred shall not exceed 7 per centum of the appropriation from which transferred.
Retired Pay For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof; retainer pay for personnel of the inactive Fleet Reserve, and payments under the Uniformed Services Contingency Option Act of 1953; $640,000,000.
Court of Military Appeals For salaries and expenses necessary for the Court of Military Appeals, $380,000.
Interservice Activities Miscellaneous Accounts Appropriations to the Department of Defense for “Access roads”, and “Family housing”, shall not be available for obligation after June 30, 1958.
TITLE III DEPARTMENT OF THE ARMY
Military Personnel For pay, allowances, individual clothing, interest on deposits, and permanent change of station travel, for members of the Army on active duty (except those undergoing reserve training); expenses incident to movement of troop detachments, including rental of campsites and procurement of utility and other services; expenses of apprehension and delivery of deserters, prisoners, and soldiers absent without leave, including payment of rewards (not to exceed $25 in any one case), and costs of confinement of military prisoners in nonmilitary facilities; donations of not to exceed $25 to each prisoner upon each release from confinement in an Army or contract prison (other than a disciplinary barracks) and to each person discharged for fraudulent enlistment; authorized issues of articles to prisoners, other than those in disciplinary barracks, subsistence of enlisted personnel, selective service registrants called for induction and applicants for enlistment while held under observation, and prisoners (except those at disciplinary barracks), or reimbursement therefor while such personnel are sick in hospitals; and subsistence of supernumeraries necessitated by emergent military circumstances; $3,175,961,000, and in addition, $375,000,000, to be derived by transfer from the Army Stock Fund: Provided, That section 212 of the Act of June 30, 1932 (5 U.S. C. 59a), shall not apply to retired military personnel on duty at the United States Soldiers’ Home: Provided further, That the duties of the librarian at the United States Military Academy may be performed by a retired officer detailed on active duty.
Operation and Maintenance For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, including administration; medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel on duty or leave, except elective private treatment), and other measures necessary to protect the health of the Army; care of the dead; chaplains’ activities; awards and medals; welfare and recreation; information and educational services for the Armed Forces; recruiting expenses; subsistence of prisoners at disciplinary barracks, and of civilian employees as authorized by law; expenses of apprehension and delivery of prisoners escaped from disciplinary barracks, including payment of rewards not exceeding $25 in any one case, and expenses of confinement of such prisoners in nonmilitary facilities; donations of not to exceed $25 to each prisoner upon each release from confinement in a disciplinary barracks; military courts, boards, and commissions; authorized issues of articles for use of applicants for enlistment and persons in military custody; civilian clothing, not to exceed $30 in cost, to be issued each person upon each release from confinement in an Army or contract prison and to each soldier discharged for unsuitability, inaptitude, or otherwise than honorably, or sentenced by a civil court to confinement in a civil prison, or interned or discharged as an alien enemy; transportation services; communications services, including construction of communication systems; maps and similar data for military purposes; military surveys and engineering planning; contracts for maintenance of reserve tools and facilities for twelve months beginning at any time during the current fiscal year; repair of facilities; utility services for buildings erected at private cost, as authorized by law (10 U. S. C. 4778), and buildings on military reservations authorized by Army regulations to be used for a similar purpose; purchase of ambulances; hire of passenger motor vehicles; tuition and fees incident to training of military personnel at civilian institutions; field exercises and maneuvers, including payments in advance for rentals or options to rent land; expenses for the Reserve Officers’ Training Corps and other units at educational institutions, as authorized by law; exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; expenses of inter-American cooperation, as authorized for the Navy by law (10 U. S. C. 7208) for Latin-American cooperation; not to exceed $5,445,000 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, and his determination shall be final and conclusive upon the accounting officers of the Government; $3,078,208,000: Provided, That during the fiscal year 1959 the maintenance, operation, and availability of the Army-Navy Hospital at Hot Springs National Park, Arkansas, to meet requirements of the military and naval forces shall be continued.
Reserve Personnel For pay, allowances, clothing, subsistence, transportation, travel and related expenses, as authorized by law, for personnel of the Army Reserve while on active duty under section 265 of title 10, United States Code, or undergoing Reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps; subsistence for members of the Army Reserve for drills of eight or more hours’ duration in any one calendar day; $222,759,000: Provided, That the Army Reserve personnel paid from this appropriation shall be maintained at an end strength of not less than three hundred thousand for the fiscal year 1959.
Army National Guard For pay, allowances, clothing, subsistence, transportation, and travel, as authorized by law, for personnel of the Army National Guard while on duty under section 265 of title 10, United States Code, or while undergoing training or while performing drills or equivalent duties; expenses of training, organizing and administering the Army National Guard, including maintenance, operation, and alterations to structures and facilities; hire of passenger motor vehicles; personal services in the National Guard Bureau and services of personnel of the National Guard employed as civilians without regard to their military rank, and the number of caretakers authorized to be employed under provisions of law (32 U. S. C. 709) may be such as is deemed necessary by the Secretary of the Army; subsistence for officers attending drills of eight or more hours’ duration in any one calendar day; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard of the several States, Territories, and the District of Columbia, as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $342,093,000: Provided, That obligations may be incurred under this appropriation for training of units designated for early deployment under mobilization plans and for installation, maintenance, and operation of facilities for antiaircraft defense without regard to section 107 of title 32, United States Code: Provided further, That the Army National Guard shall be maintained at an average strength of not less than four hundred thousand for the fiscal year 1959.
Research and Development For expenses necessary for basic and applied scientific research and development, including maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $498,700,000, to remain available until expended.
Procurement of Equipment and Missiles For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, equipment, vehicles, vessels, and aircraft for the Army and the Reserve Officers’ Training Corps; purchase of not to exceed forty passenger motor vehicles for replacement only; expenses which in the discretion of the Secretary of the Army are necessary in providing facilities for production of equipment and supplies for national defense purposes, including construction, and the furnishing of Government-owned facilities and equipment at privately owned plants; and ammunition for military salutes at institutions to which issue of weapons for salutes is authorized; $1,669,338,000, to remain available until expended.
National Board for the Promotion of Rifle Practice For necessary expenses of construction, equipment and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $18,000 for incidental expenses of the National Board, $300,000: Provided, That travel expenses of civilian members of the National Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended.
Alaska Communication System operation and maintenance For expenses necessary for the operation, maintenance, and improvement of the Alaska Communication System, including purchase (not to exceed two for replacement only) and hire of passenger motor vehicles, $5,500,000, to remain available until the close of the fiscal year 1960, and, in addition, not to exceed 15 per centum of the current fiscal year receipts of the Alaska Communication System may be merged with and used for the purposes of this appropriation and charges for station agent agreements may be paid from receipts of the Alaska Communication System.
TITLE IV DEPARTMENT OF THE NAVY
Military Personnel, Navy For pay, allowances, subsistence, interest on deposits, gratuities, clothing, permanent change of station travel (including expenses of temporary duty between permanent duty stations), training duty travel of midshipmen paid hereunder, and transportation of dependents, household effects (including storage thereof), and privately owned automobiles, as authorized by law, for regular and reserve personnel on active duty (except those on active duty while undergoing reserve training), midshipmen at the Naval Academy, and aviation cadets, $2,385,720,000, and in addition, $15,000,000 to be derived by transfer from the Navy Industrial Fund, and $120,000,000 to be derived by transfer from the Navy Stock Fund.
Reserve Personnel, Navy For pay, allowances, clothing, subsistence, gratuities, and travel, as authorized by law, for personnel of the Naval Reserve on active duty while undergoing reserve training, or while performing drills or equivalent duty, regular and contract enrollees in the Naval Reserve Officers’ Training Corps, and retainer pay authorized by section 6908 of title 10, United States Code, $90,098,000.
Navy Personnel, General Expenses For expenses necessary for general training, education and administration of regular and reserve personnel, including tuition, cash book allowances of not to exceed $50 for each Naval Aviation College program student, and other costs incurred at civilian schools, general training aids and devices, procurement of military personnel, and retirement benefits for civilian members of teaching staffs; maintenance and operation of Navy training and personnel facilities, including the Naval Academy, Naval Postgraduate School, Naval War College, Naval Home, disciplinary barracks, and retraining commands; hire of motor vehicles; not to exceed $30 per person for civilian clothing, including an overcoat when necessary, for enlisted personnel discharged for inaptitude or unsuitability or otherwise than honorably; welfare and recreation; medals and other awards; and departmental salaries; $85,442,000.
Military Personnel, Marine Corps For pay, allowances, subsistence, interest on deposits, gratuities, clothing, permanent change of station travel (including expenses of temporary duty between permanent duty stations), and transportation of dependents, household effects (including storage thereof), and privately owned automobiles, as authorized by law, for regular and reserve personnel on active duty (except those on active duty while undergoing reserve training), $635,692,000, and, in addition, $25,000,000 to be derived by transfer from the Marine Corps Stock Fund.
Reserve Personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, and travel, as authorized by law, for personnel of the Marine Corps Reserve and the Marine Corps platoon leaders class on active duty while undergoing reserve training, or while performing drills or equivalent duty, $23,760,000.
Marine Corps Procurement For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, and vehicles for the Marine Corps, including purchase of not to exceed four hundred and seventeen passenger motor vehicles of which two hundred and thirty-five shall be for replacement only, $25,000,000, to remain available until expended.
Marine Corps Troops and Facilities For necessary expenses of troops and facilities of the Marine Corps not otherwise provided for, including maintenance and operation of equipment and facilities, and procurement of military personnel; training and education of regular and reserve personnel, including tuition and other costs incurred at civilian schools; welfare and recreation; not to exceed $30 per person for civilian clothing, including an overcoat when necessary, for enlisted personnel discharged for inaptitude or unsuitability or otherwise than honorably; procurement and manufacture of military supplies, equipment and clothing; hire of passenger motor vehicles; transportation of things; medals, awards, emblems and other insignia; and departmental salaries; $173,117,000.
Aircraft and Related Procurement For construction, procurement, and modernization of aircraft, missiles, and equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion or public and private plants, including the land necessary therefor, without regard to section 3734, Revised Statutes, as amended, and such lands, and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; procurement and installation of equipment in public or private plants; and departmental salaries necessary for the purposes of this appropriation; $2,033,795,000, to remain available until expended.
Aircraft and Facilities For expenses necessary for maintenance, operation, and modification of aircraft; maintenance, operation, and lease of air stations and facilities, testing laboratories, fleet and other aviation activities; procurement of services, supplies, special clothing, tools, materials, and equipment, including rescue boats; industrial mobilization; aerological services, supplies, and equipment for the Navy and Marine Corps; and departmental salaries; $837,868,000: Provided, That $945,000 of the foregoing amount shall be transferred to the appropriation “Salaries and expenses, Weather Bureau, Department of Commerce”, fiscal year 1959.
Shipbuilding and Conversion For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament therefor, plant equipment, appliances, and machine tools, and installation thereof in public or private plants; procurement, production, and modernization of electronic equipment and material for ships; procurement of critical long lead time components and designs for vessels to be constructed or converted in the future: expansion of public and private plants, including land necessary therefor, without regard to section 3734, Revised Statutes, as amended, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and departmental salaries necessary for the purposes of this appropriation; $2,069,400,000, to remain available until expended.
Ships and Facilities For expenses necessary for design, maintenance, operation, and alteration of vessels; maintenance and operation of facilities; procurement of plant equipment, appliances, and machine tools, and installation thereof in public or private plants; procurement of equipment, supplies, special clothing and services; installation, maintenance, and removal of ships’ ordnance; lease of facilities and docks; charter and hire of vessels; relief of vessels in distress; maritime salvage services; military communications facilities on merchant vessels: industrial mobilization: and departmental salaries; $780,408,000, of which $16,885,000 shall be transferred to the appropriation “Operating Expenses”, Coast Guard, 1959, for the operation of ocean stations: Provided, That notwithstanding the availability of the trust fund “Naval Reservation, Olongapo Civic Fund,” this appropriation shall be available for such support of the town of Olongapo as may be authorized by law.
Procurement of Ordnance and Ammunition For expenses necessary for the production and procurement of Navy ordnance and ammunition, including missiles (except ordnance for new aircraft, new ships, and ships authorized for conversion); expansion of public and private plants, including land necessary therefor, without regard to section 3734, Revised Statutes, as amended, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and procurement of plant equipment, appliances, and machine tools, and installation thereof in public or private plants; $602,535,000, to remain available until expended.
Ordnance and Facilities For expenses necessary for inspection, testing, modification, alteration, preservation, and handling of ordnance and ammunition; maintenance of ordnance (except installation, maintenance, and removal of ships’ ordnance, and line maintenance of ordnance installed in aircraft); maintenance and operation of ordnance facilities; procurement of equipment, supplies, special clothing and services: procurement of plant equipment, appliances, and machine tools, and installation thereof in naval plants; lease of facilities; industrial mobilization; and departmental salaries; $149,850,000.
Medical Care For expenses necessary for maintenance and operation of naval hospitals, medical centers, clinics, schools, and other medical activities; technical medical support of the supply system and other naval activities; procurement of ambulances, medical and dental supplies, equipment and services; instruction of medical personnel in naval hospitals, naval schools, and civilian schools; care of the dead; and departmental salaries; $89,598,000.
Civil Engineering For expenses necessary for maintenance and operation of district public works offices, public works centers, construction battalion centers, other civil engineering facilities, and shore activities not otherwise provided for; procurement of services, supplies, and equipment for the foregoing activities; purchase of not to exceed eighteen hundred and eighty-seven passenger motor vehicles for replacement only and hire of passenger motor vehicles; engineering services; industrial mobilization; and departmental salaries; $125,554,000.
Research and Development For expenses necessary for basic and applied scientific research and development, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $821,285,000, to remain available until expended.
Service-wide Supply and Finance For expenses necessary for maintenance and operation of service-wide supply and finance activities, including supply depots and centers, purchasing offices, supply demand control points, fleet fueling facilities, overseas air cargo terminals, regional accounting and disbursing offices, the material catalog office, and other service-wide supply and finance facilities, as designated by the Secretary; procurement of supplies, services, special clothing, and equipment; transportation of household effects of civilian employees; industrial mobilization; losses in exchange and in the accounts of disbursing officers, as authorized by law; and departmental salaries; $309,637,000.
Service-wide Operations For expenses necessary for maintenance and operation of the Naval Observatory, the Hydrographic Office, service-wide communications, naval records centers, naval district headquarters (except training officers), river commands, the cost inspection service, and other service-wide operations and functions not otherwise provided for; procurement of supplies, services and equipment for activities financed hereunder; cryptographic equipment; Latin-American cooperation; not to exceed $11,961,000 for emergencies and extraordinary expenses as authorized by section 7202 of title 10, United States Code, to be expended on the approval and authority of the Secretary, and his determination shall be final and conclusive upon the accounting officers of the Government; and departmental salaries: $118,985,000.
Naval Petroleum Reserves For expenses necessary for exploration, prospecting, conservation, development, use, and operation of the naval petroleum reserves, as authorized by law, $1,683,000.
TITLE V DEPARTMENT OF THE AIR FORCE
Aircraft, Missiles and Related Procurement For construction, procurement, and modification of aircraft, missiles, and equipment, including armor and armament, 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 and other purposes, and such land, and interests therein may be acquired and construction prosecuted thereon prior to the approval or title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $6,643,475,000, to remain available until expended.
Procurement Other Than Aircraft and Missiles For procurement and modification of equipment (including ground handling equipment for aircraft and missiles, ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; and the purchase of not to exceed twenty-seven hundred and fifty passenger motor vehicles for replacement only; $2,220,020,000, to remain available until expended, of which amount $16,500,000 shall be transferred to “Establishment of Air Navigation Facilities”, Civil Aeronautics Administration for the Department of Defense share of the cost of the 1959 program for the air navigation system known as Vortac.
Research and Development For expenses necessary for basic and applied scientific research and development, including maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $743,000,000, to remain available until expended: Provided, That no part of this appropriation shall be used for construction, maintenance, or rental of missile testing facilities until the fullest practical use is made of testing facilities and equipment at existing installations or those now under construction.
Operation and Maintenance For expenses, not otherwise provided for, necessary for the operation, maintenance, and administration of the activities of the Air Force, including the Air Force Reserve and the Air Reserve Officers’ Training Corps; maintenance, operation, and modification of aircraft; transportation of things; repair of facilities; field printing plants; hire of passenger motor vehicles; recruiting advertising expenses; training and instruction of military personnel of the Air Force, including tuition and related expenses; pay, allowances, and travel expenses of contract surgeons; utility services for buildings erected at private cost as authorized by law (10 U. S. C. 9778), and buildings on military reservations authorized by Air Force regulations to be used for welfare and recreational purposes; rental of land or purchase of options to rent land without reference to section 3648, Revised Statutes, as amended, use or repair of private property, and other necessary expenses of combat maneuvers; civilian clothing not to exceed $30 in cost for each person upon each release from a military prison, each enlisted man discharged for unsuitability, inaptitude, or otherwise than honorably, each enlisted man sentenced by a civil court to confinement in a civil prison, and each enlisted man interned, or discharged without internment as an alien enemy; authorized issues of articles for use of applicants for enlistment and persons in military custody; payment of exchange fees and exchange losses incurred by Air Force disbursing officers or their agents; losses in the accounts of Air Force disbursing officers as authorized by law (31 U. S. C. 95a; 50 U. S. C. App. 1705–1707); care of the dead; chaplain and other welfare and morale supplies and equipment; conduct of school-rooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for enlisted men and patients not otherwise provided for; awards and decorations; expenses of courts, boards, and commissions; expenses for inter-American cooperation as authorized for the Navy by section 7208 of title 10, United States Code, for Latin-American cooperation; industrial mobilization, including maintenance of reserve plants and equipment and procurement planning; special services by contract or otherwise; rations (including commutation thereof) for applicants for enlistment; and not to exceed $6,200,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government; $4,053,975,000.
Military Personnel For pay, allowances, clothing, subsistence, transportation, interest on deposits of enlisted personnel, and travel in kind for cadets and permanent change of station travel for all other personnel of the Air Force of the United States on active duty including duty under sections 265 and 8033 of title 10, United States Code (other than personnel of the reserve components, including the Air National Guard, on active duty while undergoing Reserve training), including commutation of quarters, subsistence supplies for issue as rations to enlisted personnel, and clothing allowances, as authorized by law; and, in connection with personnel paid from this appropriation, for rental of camp sites and local procurement of utility services and other necessary expenses incident to individual or troop movements (including packing and unpacking and transportation of organizational equipment); ice, meals for recruiting parties, monetary allowances for liquid coffee for troops when supplied cooked or travel rations, and commutation of rations, as authorized by law, to enlisted personnel, including those sick in hospitals; transportation, as authorized by law, of dependents, baggage, and household effects (including storage thereof) of personnel paid from this appropriation; rations for prisoners of war and general prisoners; subsistence supplies for resale, as authorized by law; commutation of rations, as authorized by regulations, to general prisoners while sick in hospitals; subsistence of supernumeraries necessitated by emergent military circumstances; expenses of apprehension and delivery of deserters, prisoners, and members of the Air Force absent without leave, including payment of rewards (not to exceed $25 in any one case); confinement of military prisoners in nonmilitary facilities; and donations of not to exceed $25 to each civilian prisoner upon each release from a military prison, to each enlisted man discharged otherwise than honorably upon each release from confinement under court-martial sentence, and to each person discharged for fraudulent enlistment; $3,923,073,000.
Reserve Personnel For pay, allowances, clothing, subsistence, and travel for personnel of the Air Force Reserve and the Air Reserve Officers’ Training Corps, while on active duty undergoing Reserve training or while performing drills or equivalent duty, as authorized by law; and the procurement and issue of uniforms to institutions necessary for the training of the Air Reserve Officers’ Training Corps, as authorized by law; $53,746,000.
Air National Guard For pay, allowances, clothing, subsistence, transportation (including mileage, actual and necessary expenses, or per diem in lieu thereof), medical and hospital treatment and related expenses for members of the Air National Guard while undergoing Reserve training or while performing drills or equivalent duty, including officers on duty under sections 265, 8033, and 8496 of title 10, United States Code, as authorized by law; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, of Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; establishment, maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including construction of facilities, and additions, extensions, alterations, improvements, and rehabilitation of existing facilities, initiated in prior fiscal years; maintenance, operation, and modification of aircraft; transportation of things; purchase (not to exceed fifty-four, of which six shall be for replacement only) and hire of passenger motor vehicles; procurement and issue to the Air National Guard of the several States, Territories, and the District of Columbia of supplies, materials, and equipment, as authorized by law; 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: $240,335,000: Provided, That the number of caretakers authorized to be employed under the provisions of law (32 U. S. C. 709) may be such as is deemed necessary by the Secretary of the Air Force.
TITLE VI GENERAL PROVISIONS
Sec. 601.
During the current fiscal year, the Secretary of Defense
Experts or consultants.
and the Secretaries of the Air Force, Army, and Navy, respectively, if 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 15 of the Act of August 2, 1946 (5 U. S. C. 55a), but at rates
for individuals not in excess of $50 per day 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 station and return as may be authorized by law: Provided, That such contracts may be renewed annually.
Sec. 602.
During the current fiscal year, provisions of law prohibiting
Noncitizens.
the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense.
Sec. 603.
Appropriations contained in this Act shall be available
Availabi1ity of appropriations.
for insurance of official motor vehicles in foreign countries, when 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 of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with (1) instruction and training, including tuition, specifically approved by the Secretary of the department concerned and not otherwise provided for, of civilian employees, and (2) communication and other services and supplies as may be necessary to carry out the purposes of this Act: Provided, That no appropriation contained in this Act, and no funds available from prior appropriations to component departments and agencies of the Department of Defense, shall be used to pay tuition or to make other payments to educational institutions in connection with the instruction or training of file clerks, stenographers, and typists receiving, or prospective file clerks, stenographers, and typists who will receive compensation at a rate below the minimum rate of pay for positions allocated to grade GS–5 under the Classification Act of 1949, as amended.
Sec. 604.
Any appropriation available to the Air Force, Army, or
Prisoners of war, etc.
the Navy 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 Air Force, Army, or Navy custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation.
Sec. 605.
Appropriations available to the Department of Defense
Acquisition of land.
for the current fiscal year for maintenance or construction shall be available for acquisition of land as authorized by section 406 of the Act of August 3, 1956 (70 Stat. 1015).
Sec. 606.
Appropriations for the Department of Defense for the current
Schooling for dependents.
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 amounts not exceeding an average of $245 per student, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents;
Occupied areas.
Naval rewards.
(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
Payment of deficiency Judgments.
discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interest thereon arising out of condemnation proceedings; (e) for payment of rentals at the seat of government or elsewhere, and, in administering the provisions of 43
U. S. C. 315q, rentals may be paid in advance.
Sec. 607.
No part of any appropriation contained in this Act shall
Canal Zone.
Citizenship requirements.
be used directly or indirectly except for temporary employment in case of emergency, for the payment of any civilian for services rendered by him on the Canal Zone while occupying a skilled, technical, clerical, administrative, executive, or supervisory position unless such person is a citizen of the United States of America or the Republic of Panama: Provided, however, (1) That, notwithstanding the provision in the Act approved August 11, 1939 (53 Stat. 1409), limiting employment in the abovementioned positions to citizens of the United States from and after the date of approval of said Act, citizens of
Panamanian citizens.
Panama may be employed in such positions; (2) that at no time shall the number of Panamanian citizens employed in the abovementioned positions exceed the number of citizens of the United States so employed, if United States citizens are available in continental United
Employees with 15 or more years of service.
States or on the Canal Zone; (3) that nothing in this Act shall prohibit the continued employment of any person who shall have rendered fifteen or more years of faithful and honorable service on the Canal Zone; (4) that in the selection of personnel for skilled, technical, administrative, clerical, supervisory, or executive positions the controlling factors in filling these positions shall be efficiency, experience, training, and education; (5) that all citizens of Panama and the United States rendering skilled, technical, clerical, administrative, executive, or supervisory service on the Canal Zone under the terms of
Hours of employment; pay rate.
this Act (a) shall normally be employed not more than forty hours per week, (b) may receive as compensation equal rates of pay based upon rates paid for similar employment in continental United States plus 25 per centum: (6) this entire section shall apply only to persons employed in skilled, technical, clerical, administrative, executive, or supervisory positions on the Canal Zone directly or indirectly by any branch of the United States Government or by any corporation or company whose stock is owned wholly or in part by the United
Suspension of compliance.
States Government: Provided further, That the President may suspend from time to time in whole or in part compliance with this section if he should deem such course to be in the public interest.
Sec. 608.
Insofar as practicable, the Secretary of Defense shall assist
Assistance to American small business.
American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.
Sec. 609.
No appropriation contained in this Act shall be available
Mass operations.
for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from non-appropriated 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 reimbursement of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a
Travel-status
rate.
per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.25 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 deductions from the pay of civilian employees.
Sec. 610.
No part of any appropriation contained in this Act shall
Availability of appropriations.
be available until expended unless expressly so provided elsewhere in this or some other appropriation Act.
Sec. 611.
Not more than $49,000,000 of the amounts received during
Proceeds from sale of scrap.
the current fiscal year by the Department of Defense as proceeds from the sale of scrap, salvage or surplus materials, shall be available during the current fiscal year for reimbursement to appropriations for operation and maintenance for expenses of disposal of military supplies, equipment, and materiel: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to the Committees on Appropriations of the 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 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.
During the current fiscal year, the President may exempt
Exemption from apportionment.
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, whenever he deems such action to be necessary in the interest of national defense.
Sec. 613.
No appropriation contained in this Act shall be available
Commissary stores.
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 transportation outside the United States) and maintenance of operating equipment 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 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:
Restriction.
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.
Sec. 614.
No funds appropriated in titles I, III, IV, and V of this
Civilian employee ceiling.
Act shall be used for the payment in excess of 470,000 full-time graded civilian employees (including (a) the full-time equivalent of part-time employment, (b) persons who are described as “consultants” or who are compensated on a “when actually employed” basis if such persons are employed on a contract basis or are paid on a per diem basis, and (c) persons employed without compensation if they are reimbursed
Exception.
for expenses) at any one time during the current fiscal year: Provided, That whenever, in the opinion of the Secretary of the Military Department concerned, the direct substitution of civilian personnel for an equivalent or greater number of military personnel will result in economy without adverse effect upon national defense, such substitution may be accomplished without regard to the foregoing limitation, and such funds as may be required to accomplish the substitution may be transferred from the appropriate military personnel appropriation to, and merged with, the appropriation charged with compensation of such civilian personnel.
Sec. 615.
Notwithstanding any other provision of law, executive
Proficiency flying.
order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying except in accordance with the regulations issued by the Secretaries of the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and
Flight pay for certain officers.
minimum flying hours for this purpose: Provided, That without regard to any provision of law or executive order prescribing minimum flight requirements, such regulations may provide for the payment of flight pay at the rates prescribed in section 204 (b) of the
Career Compensation Act of 1949 (63 Stat. 802) to certain members of the Armed Forces otherwise entitled to receive flight pay during the fiscal year 1959 (1) who have held aeronautical ratings or designations for not less than twenty years, or (2) whose particular assignment outside the United States makes it impractical to participate in regular aerial flights.
Sec. 616.
No part of any appropriation contained in this Act shall
Household goods.
be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in excess of eleven thousand pounds net in any one
Nonapplicabi1ity.
shipment: Provided, That the limitations imposed herein shall not be applicable in the case of members transferred to or serving in stations outside the continental United States or in Alaska under orders relieving them from a duty station within the United States prior to July 10, 1952, and who are returned to the United States under orders relieving them from a duty station beyond the United States or in Alaska on or after July 1, 1953.
Sec. 617.
Vessels under the jurisdiction of the Department of
Transfer of vessels.
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 or the agency having jurisdiction of the vessels concerned.
Sec. 618.
None of the funds provided in this Act shall be available
Legal training.
for training in any legal profession nor for the payment of tuition for training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 623 of this Act.
Sec. 619.
Funds provided in this Act for public information and
Public information, etc.
public relations shall not exceed $2,755,000.
Sec. 620.
Not more than 20 per centum of the appropriations in this
Obligated funds, 1959.
Act which are limited for obligation during fiscal year 1959 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. 621.
During the fiscal year 1959, the agencies of the Department
Acceptance of property from foreign countries.
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 appropriation therefor: Provided, That within
Reports to Congress and Budget Bureau.
thirty days after the end of each quarter the Secretary of Defense shall render to the Committees on Appropriations of the Senate and the House of Representatives and to the Bureau of the Budget a full report of such property, supplies, and commodities received during such quarter.
Sec. 622.
During the current fiscal year, appropriations available
Research and development.
to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned.
Sec. 623.
No appropriation contained in this Act shall be available
Tuition payments, etc.
for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training.
Sec. 624.
No part of the funds appropriated herein shall be expended
ROTC.
for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers’ Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense.
Sec. 625.
No part of any appropriation contained in this Act
Loyalty requirement.
shall be available for the procurement of any article of food, clothing, cotton, spun silk yarn for cartridge cloth, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) 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, spun silk yam for cartridge cloth, or wool 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 continental United States, except the Territories of Hawaii and Alaska, for the personnel attached thereto: Provided, 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.
Sec. 626.
None of the funds appropriated in this Act shall be used
Procurement of U.S. products.
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. 627.
During the current fiscal year, appropriations of the Department
Bakeries, laundries, etc.
of Defense shall be available for reimbursement to the Post Office Department for payment of costs of commercial air transportation of military mail between the United States and foreign countries.
Sec. 628.
Appropriations of the Department of Defense available
Air mail.
for the payment of rental allowances shall be available for the leasing of quarters in foreign countries constructed under the authority of
Foreign quarters.
section 302 of Public Law 534, approved July 14, 1952, for assignment as public quarters to military personnel of the Department of Defense.
Sec. 629.
Appropriations contained in this Act shall be available
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. 630.
During the current fiscal year appropriations available to
Furnishings.
the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by the Act
Uniforms.
of September 1, 1954, as amended (5 U. S. C. 2131).
Sec. 631.
During the current fiscal year, the Secretary of Defense
Promotion of rifle practice.
shall, upon requisition of the National Board for the Promotion of Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine.
Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers’ Training Corps attending regional, national or international rifle matches.
Sec. 632.
Funds provided in this Act for legislative liaison activities
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 $2,110,000.
Sec. 633.
Hereafter, any appropriation available to the agencies
Payment of claims.
concerned for the pay and allowances of members of the uniformed services may be utilized for the payment of claims as authorized by Public Law 85–255, approved September 2, 1957.
Sec. 634.
Of the funds made available by this Act for the services
Civil air carriers.
of the Military Air Transport Service, $80,000,000 shall be available only for procurement of commercial air transportation service; and the Secretary of Defense shall utilize the services of civil air carriers which qualify as small businesses to the fullest extent found practicable.
Sec. 635.
This Act may be cited as the “Department of Defense
Short title.
Appropriation Act, 1959”.
Approved August 22, 1958.