Volume 90 · 153
Public Law 94–212
Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, and for other purposes.
Approved February 9, 1976
Statutory text
An Act
Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, 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
Department of Defense Appropriation Act, 1976.
sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending June 30, 1970, and the period beginning July 1, 1976, and ending September 30, 1976, for military functions administered by the Department of Defense, and for other purposes, namely:
TITLE I MILITARY PERSONNEL
Military Personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $8,180,347,000. For “Military personnel, Army” for the period July 1, 1976, through September 30, 1976; $2,064,635,000.
Military Personnel, Navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $5,722,300,000. For “Military personnel, Navy” for the period July 1, 1976, through September 30, 1976; $1,451,668,000.
Military Personnel, Marine Corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere): $1,806,377,000. For “Military personnel, Marine Corps” for the period July 1, 1976, through September 30, 1976; $460,117,000.
Military Personnel, Ant Force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,251,524,000. For “Military personnel, Air Force” for the period July 1, 1976, through September 30, 1976; $1,776,677,000.
Reserve Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $468,879,000. For “Reserve personnel, Army” for the period July 1, 1976, through September 30, 1976; $165,299,000.
Reserve Personnel, Navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $200,035,000. For “Reserve personnel, Navy” for the period July 1, 1976 through September 30, 1976; $59,525,000.
Reserve Personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $70,652,000. For “Reserve personnel. Marine Corps” for the period July 1, 1976, through September 30, 1976; $28,082,000.
Reserve Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while, performing drills or equivalent duty, and for members of the Air Reserve Officers’ Training Corps, as authorized by law: $157,500,000. For “Reserve personnel. Air Force” for the period July 1, 1976, through September 30, 1976; $48,260,000.
National Guard Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title. 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law: $696,900,000. For “National Guard personnel, Army” for the period July 1, 1976, through September 30, 1976; $209,050,000.
National Guard Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $212,318,000. For “National Guard personnel, Air Force” for the period July 1, 1976, through September 30, 1976; $60,924,000.
TITLE II RETIRED MILITARY PERSONNEL
Retired Pay, Defense 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 section 4 of Public Law 92–425 and chapter 73 of tide 10, United States Code; $6,885,200,000. For “Retired pay, Defense” for the period July 1, 1976, through September 30, 1976; $1,775,100,000.
TITLE III OPERATION AND MAINTENANCE
Operation and Maintenance, Army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,629,000 can be used 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; $7,052,000,000, of which not less than $400,000,000 shall be available only for the maintenance of real property facilities: Provided, That not to exceed $42,214,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972: Provided further, That funds provided in this Act for the operation and the maintenance of the anti-ballistic-missile facility (other than funds provided for operation and maintenance of the Perimeter Acquisition Radar) may be used only for the purpose of the expeditious termination and deactivation of all operations of that facility. For “Operation and maintenance, Army” for the period July 1, 1976, through September 30, 1976; $1,779,000,000, of which not to exceed $658,000 can be used for emergencies and extraordinary expenses.
Operation and Maintenance, Navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,239,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary’ of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $8,069,400,000, of which not less than $200,000,000 shall be available only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,335,500,000 shall be available for the performance of such work in Navy shipyards: Provided further, That not to exceed $54,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972. For “Operation and maintenance, Navy” for the period July 1, 1976, through September 30, 1976; $2,133,557,000, of which not to exceed $1,060,000 can be used for emergencies and extraordinary expenses.
Operation and Maintenance, Marine Corps For expenses, not otherwise provided for, necessary for the operation and maintenance, of the Marine Corps, as authorized by law; $497,110,000, of which not less than $55,000,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Marine Corps” for the period July 1, 1976, through September 30, 1976; $125,506,000.
Operation and Maintenance, Air Force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $2,333,000 can be used 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; $7,498,679,000, of which not less than $340,000,000 shall be available, only for the maintenance of real property facilities: Provided, That not to exceed $67,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972. For “Operation and maintenance, Air Force” for the period July 1, 1976, through September 30, 1976; $1,897,495,000, of which not to exceed $527,000 can be used for emergencies and extraordinary expenses.
Operation and Maintenance, Defense Agencies For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities. $787,753,000, of which $515,041,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $211,391,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $11,599,000; for the Office of Information for the Armed Forces, $16,212,000; for the Defense Contract Audit Agency, $68,123,000; for the Defense Investigative Service, $25,397,000; for the Defense Mapping Agency, $185,032,000; for the Defense Nuclear Agency, $22,509,000; for the Uniformed Services University of the Health Sciences, $3,981,000; for the Defense Supply Agency, $789,654,000; and for intelligence and communications activities, $565,141,000; in all: $2,475,431,000: Provided, That of the total amount of this appropriation, not to exceed $9,208,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $26,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. For “Operation and maintenance, Defense agencies” for the period July 1, 1976, through September 30, 1976, as follows: for the Secretary of Defense activities, $195,365,000, of which $130,358,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $50,018,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $3,057,000; for the Office of Information for the Armed Forces, $4,097,000; for the Defense Contract Audit Agency, $17,342,000; for the Defense Investigative Service, $6,144,000; for the Defense Mapping Agency, $46,160,000; for the Defense Nuclear Agency, $5,603,000; for the Uniformed Services University of the Health Sciences, $1,254,000; for the Defense Supply Agency, $201,555,000; for intelligence and communications activities, $147,148,000; in all: $627,725,000, of which not to exceed $1,964,500 can be used for emergencies and extraordinary expenses: Provided, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority.
Operation and Maintenance. Amur Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles: travel and transportation; care of the dead; recruiting: procurement of services, supplies, and equipment; and communications; $310,710,000, of which not less than $20,000,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Army Reserve” for the period July 1, 1976, through September 30, 1976; $91,100,000.
Operation and Maintenance. Navy Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation: care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $284,425,000, of which not less than $11,500,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Navy Reserve” for the period July 1, 1976, through September 30, 1976; $73,250,000.
Operation and Maintenance, Marine Corps Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $12,000,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Marine Corps Reserve” for the period July 1, 1976, through September 30, 1976; $3,400,000.
Operation and Maintenance, Air Force Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $322,430,000, of which not less than $10,500,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Air Force Reserve” for the period July 1, 1976, through September 30, 1976; $81, 190,000.
Operation and Maintenance, Army National Guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; 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 as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $649,930,000, of which not less than $12,500,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Army National Guard” for the period July 1, 1976, through September 30, 1976; $173,285,000.
Operation and Maintenance, Air National Guard For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; 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; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard regulations When specifically authorized by the Chief, National Guard Bureau; $697,100,000, of which not less than $8,500,000 shall be available only for the maintenance of real property facilities. For “Operation and maintenance, Air National Guard” for the period July 1, 1976, through September 30, 1976; $181,200,000.
Army Stock Fund For the Army stock fund, $20,000,000.
Navy Stock Fund For the Navy stock fund, $10,000,000.
Marine Corps Stock Fund For the Marine Corps stock fund, $2,000,000.
Air Forge Stock Fund For the Air Force stock fund, $15,000,000.
Defense Stock Fund For the Defense stock fund, $88,000,000.
National Board for the Promotion of Rifle Practice, Army For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $233,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National Board; and from other funds provided in this Act, not to exceed $280,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311. For “National Board for the Promotion of Rifle Practice, Army” for the period July 1, 1976, through September 30, 1976; $93,000.
Naval Petroleum Reserve For expenses of exploration, prospecting, conservation, development, production, use and operation of the naval petroleum and oil shale reserves as authorized by law, $117,700,000. For “Naval petroleum reserve” for the period July 1, 1976, through September 30, 1976; $47,500,000.
Claims, Defense For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $71,600,090. For “Claims, Defense” for the period July 1, 1976, through September 30, 1976; $15,500,000.
Contingencies, Defense For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000. For “Contingencies, Defense” for the period July 1, 1976, through September 30, 1976; $725,000.
Court of Military Appeals, Defense For salaries and expenses necessary for the United States Court of Military Appeals; $1,134,000. For “Court of Military Appeals, Defense” for (he period July 1, 1976, through September 30, 1976; $285,000.
TITLE IV PROCUREMENT
Aircraft Procurement, Army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $333,500,000 to remain available for obligation until September 30, 1978. For “Aircraft procurement, Army” for the period July 1, 1076, through September 30, 1976; $59,400,000, to remain available for obligation until September 30, 1978.
Missile Procurement, Army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve, plant and Government and contractor-owner equipment layaway: and other expenses necessary for the foregoing purposes; $422,600,000, to remain available for obligation until September 30, 1978. For “Missile procurement. Army” for the period July 1, 1976, through September 30, 1976; $42,600,000, to remain available for obligation until September 30, 1978.
Procurement of Weapons and Tracked Combat Vehicles, Army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $881,400,000, of which $365,600,000 shall be available only for the production of M60A1 tanks, to remain available for obligation until September 30, 1978. For “Procurement of weapons and tracked combat vehicles. Army” for the period July 1, 1976, through September 30, 1976; $255,000,000, of which $150,900,000 shall be available only for the production of M60A1 tanks, to remain available for obligation until September 30, 1978.
Procurement of Ammunition, Army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip-ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes: Provided, That none of the funds provided in this Act may be obligated for construction or modernization of Government-owned contractor operated Army Ammunition Plants for the production of 105mm artillery projectile metal parts until a new study is made of such requirements by the Department of the Army; the Secretary of the Army certifies to Congress that such obligations are essential to national defense: and until approval is received from the Appropriations and Armed Services Committees of the House and the Senate, $637,200,000, to remain available for obligation until September 30, 1978. For “Procurement of ammunition, Army” for the period July 1, 1976, through September 30, 1976; $252,800,000, to remain available for obligation until September 30, 1978.
Other Procurement, Army For construction, procurement, production, and modification of vehicles, including tactical, support, and non tracked combat vehicles; the purchase of not to exceed two thousand three hundred and fifty-six passenger motor vehicles for replacement only; comm unit cations and electronic equipment; other support equipment; spare, parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 335, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and con tractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $912,300,000, to remain available for obligation until September 30, 1978. For “Other procurement, Army” for the period July 1, 1976, through September 30, 1976; $197,700,000, to remain available for obligation until September 30, 1978.
Aircraft Procurement, Navy For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $2,972,800,000, to remain available for obligation until September 30, 1978. For “Aircraft procurement, Navy” for the period July 1, 1976, through September 30, 1976; $605,500,000, to remain available for obligation until September 30, 1978.
Weapons Procurement, Navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may he acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $1,172,600,000, of which no more than $15,000,000 shall be available for the Condor missile program until the Secretary of Defense determines and advises the Congress that the Condor missile system has successfully completed testing and can be released for production, to remain available for obligation until September 30, 1978. For “Weapons procurement, Navy” for the period July 1, 1976, through September 30, 1976; $321,700,000, to remain available for obligation until September 30, 1978.
Shipbuilding and Conversion, Navy (including transfer of funds) For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government, and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows; for the Trident submarine program, $641,300, (W0; for the SSN–688 nuclear attack submarine program. $541,000,000; for completion of the second PHM patrol hydrofoil missile ship, $39,000,000; for nine PF patrol frigates, $802,500,000; for one AD destroyer tender, $201,900,000; for two AO fleet oilers. $239,400,000; for three T-ATF fleet ocean tugs, $41,400,000; for ship waste off loading barges, $11,500,000; for service craft, $1,400,000; for outfitting, $36,200,000; for post delivery. $19,700,000; for cost growth, $932.400,000: and for escalation on prior year programs, $345,300,000, and in addition, $75,000,000 which shall be derived by transfer from “Shipbuilding and conversion. Navy, 1975/1979”; in all; $3,853,000,000, and in addition $75,000,000 in transfers as hereinbefore provided, to remain available for obligation until September 30, 1980: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. For “Shipbuilding and conversion. Navy” for the period July 1, 1976, through September 30, 1976; as follows: for the Trident submarine program, $253,000,000; for the SSN–688 nuclear attack submarine program, $189,000,000; for the PHM patrol hydrofoil missile ship program, $24,200,000; and for outfitting, $5,000,000; in all: $471,200,000, to remain available for obligation until September 30, 1980.
Other Procurement, Navy For procurement, production, and modernization of support equipment and materials not otherwise, provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand and eighty-eight passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway.; $1,829,700,000, to remain available for obligation until September 30, 1978. For “Other procurement, Navy” for the period July 1, 1976, through September 30, 1976; $464,500,000, including purchase of not to exceed one hundred and fourteen passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978.
Procurement, Marine Corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants; reserve plant and Government and contractor-owned equipment lay-away: and vehicles for the Marine Corps, including purchase of not to exceed one hundred and fifty-seven passenger motor vehicles for replacement only; $281,000,000, to remain available for obligation until September 30, 1978. For “Procurement, Marine Corps” for the period July 1, 1976, through September 30, 1976; $40,400,000, to remain available for obligation until September 30, 1978.
Aircraft Procurement, Air Force (including transfer of funds) For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, 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 purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $3,933,700,000, of which $251,200,000 shall be available to fully fund only four E–3A Airborne Warning and Control System (AWACS) aircraft, and in addition, $24,300,000 which shall be derived by transfer from “Aircraft procurement, Air Force, 1975/1977”, to remain available for obligation until September 30, 1978. For “Aircraft procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $818,400,000, to remain available for obligation until September 30, 1978.
Missile Procurement, Air Force For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; 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 purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,723,900,000, to remain available for obligation until September 30, 1978. For “Missile procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $233,000,000, to remain available for obligation until September 30, 1978.
Other Procurement, Air Force For procurement, and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed six hundred and twelve passenger motor vehicles for replacement only; and 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 purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $2,046,400,000, to remain available for obligation until September 30, 1978. For “Other procurement, Air Force” for the period July 1, 1976, through September 30, 1976; $353,000,000, to remain available for obligation until September 30, 1978.
Procurement, Defense Adenoids For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefore, not otherwise provided for: purchase of five hundred and four passenger motor vehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $205,600,000, none of which, nor any other funds appropriated in this Act may be used for any activities involving Angola other than intelligence gathering, and which funds are to remain available for obligation until September 30, 1978. For “Procurement, Defense agencies” for the period July 1, 1976, through September 30, 1976; $39,600,000, including purchase of not to exceed seven passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978.
TITLE V RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,948,823,000, to remain available for obligation until September 30, 1977. For “Research, development, test, and evaluation, Army” for the period July 1, 1976, through September 30, 1976; $504,452,000, to remain available for obligation until September 30, 1977.
Research, Development, Test, and Evaluation, Navy For expenses necessary for basic and applied scientific, research, development, test, and evaluation, including maintenance, rehabilitation, lease, and Operation of facilities and equipment, as authorized by law; $3,238,390,000, to remain available for obligation until September 30, 1977. For “Research, development, test, and evaluation, Navy” for the period July 1, 1976, through September 30, 1976; $818,722,000, to remain available for obligation until September 30, 1977.
Research, Development, Test, and Evaluation, Air Force For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease., and operation of facilities and equipment, as authorized by law; $3,591,266,000, to remain available for obligation until September 30, 1977. For “Research, development, test, and evaluation, Air Force” for the period July 1, 1976, through September 30, 1976; $901,014,000, to remain available for obligation until September 30, 1977.
Research, Development, Test, and Evaluation, Defense Agencies For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $604,400,000, to remain available for obligation until September 30, 1977: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current, fiscal year for programs related to advanced research 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. For “Research, development, test, and evaluation, Defense agencies” for the period July 1, 1976, through September 30, 1976; $146,550,000, to remain available for obligation until September 30, 1977.
Director of Test and Evaluation, Defense For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $25,000,000, to remain available for obligation until September 30, 1977. For “Director of test and evaluation, Defense” for the period July 1, 1976, through September 30, 1976; $5,000,000, to remain available for obligation until September 30, 1977.
TITLE VI SPECIAL FOREIGN CURRENCY PROGRAM
For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law; $2,668,000, to remain available for obligation until September 30, 1977: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies.
For “Special foreign currency program” for the period July 1, 1976, through September 30, 1976; $37,000, to remain available for obligation until September 30, 1977.
TITLE VII GENERAL PROVISIONS
Sec. 701.
No part of any appropriation contained in this Act shall
Publicity or propaganda.
be used for publicity or propaganda purposes not authorized by the Congress.
Sec. 702.
During the current fiscal year, the Secretary of Defense
Experts or consultants.
and the Secretaries of the Army, Navy, and Air Force, 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 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense; and to pay in connection there-with 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. 703.
During the current fiscal year, provisions of law prohibiting 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. 704.
Appropriations contained in this Act shall be available 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 communication and other services and supplies as may be necessary to carry out the purposes of tins Act.
Sec. 705.
Any appropriation available to the Army, Navy, or the Air Force 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 Army, Navy, or Air Force 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 proclamations.
Sec. 706.
Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code.
Sec. 707.
Appropriations for the Department of Defense for the current 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 an amount not exceeding $211,391,000 for fiscal year 1976 and in an amount not exceeding $50.018,000 for the period July 1, 1976, through September 30, 1976, 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: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (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 discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests
Deficiency judgments. Leasing.
thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers, or in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities
Tools, maintenance. Access roads.
for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department
Milk program.
of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in tire value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at, any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for mid er section 625(d)(1) of the Foreign Assistance Act of 1961, as amended.
Incidental expenses, payment.
Sec. 708.
Appropriations for the Department of Defense for the current fiscal year shall be available for; (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment, and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officer’s or agents in accordance with law’; (i) expenses of Latin America cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension
and delivery of deserters, prisoner’s, and members absent without leave, including payment of rewards of not to exceed $25 in any one case.
Sec. 709.
Insofar as practicable, the Secretary of Defense shall
Small business assistance.
assist. 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 par-ticipate in the furnishing of commodities and services financed with funds appropriated by this Act.
Sec. 710.
No appropriation contained in this Act is mil be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from no 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 reimbursements of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2,50 per day: Provided further, That for the purposes of tills section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.
Sec. 711.
Unless otherwise expressly provided, appropriations contained in this Act shall remain available for obligation until September 30, 1976.
Sec. 712.
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 material, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as
Report to Congress.
proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to 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. 713.
During the current fiscal year, the President may exempt 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.
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 Revised Statutes 3732 (41 U.S.C. 11).
Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws 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).
The Secretary of Defense shall immediately advise Congress of
Report to Congress.
the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c).
Sec. 714.
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 prevision 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
Free utilities outside U.S. and in Alaska.
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 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. 715.
No part of the appropriations in this Act shall be available
Proficiency flying.
for any expense of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member’s assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more.
Sec. 716.
No part of any appropriation contained in this Act shall be
Household goods.
available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds.
Sec. 717.
Vessels under the jurisdiction of the Department of Commerce,
Vessels, transfer.
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 of the agency having jurisdiction of the vessels concerned.
Sec. 718.
Not more than 20 per centum of the appropriations in this
Obligated funds, 1976, limitation.
Act which are limited for obligation during the fiscal year 1976, 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. 719.
During the current fiscal year the agencies of the Department 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 appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating
Report to Congress and Office of Management and Budget.
plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management, and Budget a full report of such property, supplies, and commodities received during such quarter.
Sec. 720.
During the current fiscal year, appropriations available 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. 721.
No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of 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. 722.
No part of the funds appropriated herein shall he expended 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. 723.
No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, 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, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware 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 United States 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: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder.
Sec. 724.
None of the funds appropriated in this Act shall be used
Service facilities.
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. 725.
During the current fiscal year, appropriations of the
Airmail reimbursement.
Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries.
Sec. 726.
Appropriations contained in this Act shall be available
Furnishings and automobiles, purchase.
for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and 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. 727.
During the current fiscal year, appropriations available
Uniforms.
to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508).
Sec. 728.
Funds provided in this Act for congressional liaison
Congressional liaison activities.
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 $1,500,000 for fiscal year 1976, and $375,000 for the period July 1, 1976, through September 30, 1976: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense.
Sec. 729.
Of the funds made available by this Act for the services
Civil reserve air fleet
of the Military Airlift Command, $100,000,000 shall be available only for procurement, of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet.
Sec. 730.
During the current fiscal year, appropriations available
Civilian clothing.
to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government.
Sec. 731.
No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract.
Sec. 732.
Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7010.2, dated January 18, 1961, in excess of $75,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section.
Sec. 733.
Upon determination by the Secretary of Defense, that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed$750,000,000 during the fiscal year 1976, and $185,000,000 during the period July 1, 1976, through September 30, 1976, of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated, and in no case where the item for which funds
Notice to Congress.
are requested has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority.
Sec. 734.
None of the funds appropriated in tins Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.
Sec. 735.
During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget.
Sec. 736.
No part of the funds appropriated under this Act shall
Convicted rioters.
be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting; promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned.
Sec. 737.
No part of the funds appropriated under this Act shall
Campus disrupters.
be used to provide a loan, guarantee of a loan, or a grant to any applicant who hits been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies.
Sec. 738.
None of the funds herein appropriated may be obligated
Vietnam, Laos, or Cambodia, combat activities.
or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.
Sec. 739.
None of the funds available to the Department of Defense
Heating plant conversion.
shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe.
Sec. 740.
None of the funds appropriated by this Act shall be available
Involuntary experimental subjects.
for any research involving uninformed or non voluntary human beings as experimental subjects.
Sec. 741.
Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation: hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers’ Training Corps and other units at educational institutions.
Sec. 742.
No part of the funds in this Act shall be available to prepare
Reprogramming of funds.
or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress.
Sec. 743.
None of the funds contained in this Act shall be used to
Petroleum fuels to Southeast Asia.
furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals.
Sec. 744.
Obligations hereafter incurred for advance payments of
pay and allowances pursuant to section 1006 of title 37, United States Code, shall be recorded as obligations only in the fiscal year in which such payments are earned.
Sec. 745.
None of the funds appropriated by this Act may be used
Enlisted aides, limitation.
to support more than three hundred and ninety-six enlisted aides in the United States Armed Forces.
Sec. 746.
Funds made available for the period July 1, 1976, through September 30, 1976, shall be available for the same purposes as the corresponding appropriation for fiscal year 1976, and shall be subject to the provisions of this title applicable to fiscal year 1976, unless otherwise specifically provided.
Sec. 747.
Appropriations available to the Department of Defense for providing transportation of household effects of members of the armed forces pursuant to section 406(b) of title 37, United States Code, shall be available hereafter to pay a monetary allowance in place of such transportation, to a member who, under regulations prescribed by the Secretary of the military department concerned, participates in a program designated by the Secretaries in which his baggage and household effects are moved by privately owned or rental vehicle. Such allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of said baggage and household effects. However, the monetary allowance shall be in an amount which will provide savings to the government when the total cost of such movement is compared with the cost which otherwise would have been incurred under section 406(b).
Sec. 748.
None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than 60 days of such leave, less the number of days for which payment was previously made under section 501 after the effective date of this Act.
Sec. 749.
No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.
Sec. 750.
No funds appropriated in this Act shall be available to pay claims for non-emergency inpatient hospital care provided on or after January 1, 1976, under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patients residence.
Sec. 751.
None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselor, or family and child counselors, or marital counselors, except when these services are certified as not being available on the military base to which the member is assigned, or when the recipient resides within 40 miles of a military medical facility which certifies that these services are not available; (b) special education, except when provided as secondary to the active psychiatric, treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) reconstructive surgery justified solely on psychiatric needs including, but, not limited to, mammary augmentation, face lifts, and sex gender changes; or (f) any other service or supply which is not medically or psychologically necessary to diagnose and treat a mental or physical illness, injury, or bodily malfunction as diagnosed by a physician, dentist, or a clinical psychologist.
Sec. 752.
None of the funds appropriated in this Act may be
Ammunition plants, restriction.
expended by the Department of the Army for the design, procurement of plant equipment, or construction of new ammunition plant facilities except in areas in which existing ammunition plant facilities are being closed, placed in layaway, or at which production has been curtailed.
Sec. 753.
Unless otherwise specified and during the current fiscal
Compensation.
year, and the period July 1, 1976, through September 30, 1976, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence, or (5) South Vietnamese refugees paroled into the United States between January 1, 1975, and the date of enactment of this Act: Provided, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have, been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators; or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.
TITLE VIII RELATED AGENCIES
Defense Manpower Commission For necessary expenses of the Defense Manpower Commission in carrying out the provisions of title VII of the Department of Defense Appropriation Authorization Act, 1974, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18, and hire of passenger motor vehicles, $1,300,000. This Act may be cited as the “Department of Defense Appropriation Act, 1976”.
Approved February 9, 1976.