Department of Defense Appropriation Act
PL 95-457 (H.R.13635), enacted 10/13/1978

PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1231 
Public Law 95-457 
95th Congress 
An Act 
Making appropriations for the Department of Defense for the fiscal year ending 
iSeptember 30,1979, and for other purposes. 
Be it enacted hy 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 other-
wise appropriated, for the fiscal year ending September 30, 1979, 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 mem-
bers of the Army on active duty (except members of reserve com-
ponents provided for elsewhere), cadets, and aviation cadets; 
$9,154,325,000. 
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 tem-
porary 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; $6,461,600,000. 
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); $2,014,975,000. 
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> 
MILITARY PERSONNEL, AIR FORCE 
i 
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 tem-
porary 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; $7,525,001,000. 
Oct. 13, 1978 
[H.R. 13635] 
Department of 
Defense 
Appropriation 
Act, 1979. 
92 STAT. 1232 
PUBLIC LAW 95-457—OCT. 13, 1978 
E E S E R V E P E R S O N N E L , A R M Y ., 
•.^•. _ ^ 
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For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Eeserve 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 equiv-
alent duty or other duty, and for members of the Reserve Officers' 
Training Corps, and expenses authorized by section 2131 of title 10, 
United States Code, as authorized by law; $547,350,000. 
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_ 
RESERVE PERSONNEL, NAVY'""'• 
I' "
. '^ 
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, and expenses author-
ized by section 2131 of title 10, United States Code, as authorized by 
law; $227,025,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, alloAvances, 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 under-
going reserve training, or while performing drills or equivalent duty, 
and for members of Marine Corps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as author-
ized by law; $84,125,000. 
RESERVE PERSONNEL, A I R 
FORCE 
For pay, alloAvances, 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 or other duty, and for members of the Air Reserve 
Officers' Training Corps, and expenses authorized by section 2131 
of title 10, United States Code, as authorized by law; $186,850,000. 
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 or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as author-
ized by law; $755,500,000. 
ti 
NATIONAL GUARD PERSONNEL, A I R 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 per-
forming drills or equivalent duty or other duty, and expenses author-
ized by section 2131 of title 10, United States Code, as authorized by 
law; $256,477,000. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1233 
• - ^'' -'' 
•• TITLE II 
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RETIRED MILITARY PERSONNEL 
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RETIRED PAY, DEFENSE 
' For retired pay and retirement pay, as authorized by law, of mili-
tary personnel on the retired lists of the Army, Navy, Marine Corps, 
and 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 title 10, United 1^ USC 1448 
States Code; $10,139,838,000. 
To%SC 1431 
••'' TITLE III 
'-•^^^->"'^^i-->^-^^'••••-^ 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance of the Army, as authorized by law; and not to 
exceed $3,332,000 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; $9,115,000,000, of which not less 
than $580,200,000 shall be available only for the maintenance of real 
property facilities. 
OPERATION AND MAINTENANCE, NAVY 
* • 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance of the Navy and the Marine Corps, as authorized 
by law; and not to exceed $1,526,000 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; 
$11,691,000,000, of which not less than $380,300,000 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 
$2,100,000,000 shall be available for the performance of such work in 
Navy shipyards of which not less than $22,000,000 shall be available 
for such work only at the Ship Repair Facilities, Guam: Provided 
further^ That such amounts of the funds available for work only at 
the Ship Repair Facilities, Guam, may be used for work in other 
Navy shipyards in amounts equal to the amount of work placed at the 
Ship Repair Facilities, Guam, funded from other sources. 
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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; 
$733,000,000, of which not less than $107,500,000 shall be available 
only for the maintenance of real property facilities. 
et seq. 
92 STAT. 1234 
PUBLIC LAW 95-457—OCT. 13, 1978 
OPERATION AND MAINTENANCE, A I R FORCE 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance of the Air Force, as authorized by law; and 
not to exceed $2,556,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
©f the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $9,243,000,000, of which 
not less than $592,200,000 shall be available only for the maintenance 
of lea] property facilities. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
J 
For expenses, not otherwise provided for, necessary for the opera-
tion 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; $3,034,000,000: Pro-
vided, That not to exceed $3,716,000 can be used for emergencies 
and extraordinary expenses, to be expended on the approval or author-
ity 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 $52,500,000 of the total amount of this 
appropriation shall be available only for the maintenance of real 
property facilities: Provided further, That $968,600,000 shall be avail-
able only for the Defense Logistics Agency and $453,500,000 shall be 
available only for the Civilian He«lth and Medical Program of the 
Uniformed Services. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance, including training, organization, and admin-
istration, 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 equip-
ment; and communications; $416,900,000, of which not less than 
$32,000,000 shall be available only for the maintenance of real prop-
erty facilities. 
. 
. 
. 
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 pas-
senger motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equipment; and 
communications; $382,900,000, of which not less than $15,400,000 shall 
be available only for the maintenance of real property facilities. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oi)eration 
and maintenance, including training, organization, and administra-
tion, of the Marine Corps Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transpoitation; care of 
the dead; recruiting; procurement of services, supplies, and equip-
ment; and communications; $19,900,000, of which not less than 
$1,200,000 shall bo available only for the maintenance of real property 
facilities. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1235 
OPERATION AND MAINTENANCE, A I R FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance, including training, organization, and adminis-
tration, 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 equip-
ment; and communications; $384,700,000, of which not less than 
$12,000,000 shall be available only for the maintenance of real property 
facilities. 
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; person-
nel 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 aircraift); $789,700,000, of which 
not less than $15,400,000 shall be available only for the maintenance 
of real property facilities. 
OPERATION AND MAINTENANCE, A I R NATIONAL GUARD 
For operation and maintenance of the Air National Guard, includ-
ing medical and hospital treatment and related expenses in non-Fed-
eral 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 passen-
ger motor vehicles; supplies, materials, and equipment, as authorized 
by law for the Air National Guard; and expenses incident to the main-
tenance 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; 
$932,700,000, of Avhich not less than $20,000,000 shall be available only 
for the maintenance of real property facilities. 
NATIONAL BOARD TOR 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; $365,000, 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 $329,000 worth of ammunition may be issued under authority of 
title 10, United States Code, section 4311. 
92 STAT. 1236 
PUBLIC LAW 95-457—OCT. 13, 1978 
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 con-
tracts 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; 
$87,500,000. 
,•,,-••,:-•: 
CONTINGENCIES, DEFENSE 
. 
; • 
For emergency and extraordinary expenses arising in the Depart-
ment 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. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the LTnited States Court 
of Military Appeals; $1,750,000, and not to exceed $1,500 can be used 
for official representation purposes. 
.jr 
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FOREIGN CURRENCY FLUCTUATIONS, DEFENSE 
For transfer by the Secretary of Defense to or from appropria-
tions available for military functions of the Department of Defense 
for fiscal year 1979, or thereafter, for the expenses of military person-
nel or operation and maintenance, in order to maintain the budgeted 
level of operations for such appropriations and thereby eliminate 
substantial gains and losses to such appropriations caused by fluctua-
tions in foreign currency exchange rates that vary substantially 
from those used in preparing budget submissions; $500,000,000, to 
remain available until expended: Provided^ That funds transferred 
from this appropriation shall be merged with and be available for 
the same purpose, and for the same time period, as the appropriation 
to w^hich transferred, and funds transferred to this appropriation 
shall be merged wuth, and be available for the purpose of this appro-
priation until expended: Provided 
jurtlier^ 
That transfers may be 
made from time to time from this appropriation to the extent the 
Secretary of Defense determines it may be necessary to do so to reflect 
downward fluctuations in the currency exchange rates from those used 
in preparing the budget submissions for such appropriations, but 
transfers shall be made from such appropriations to this appropriation 
to reflect upward fluctuations in currency exchange rates to prevent 
substantial net gains in such appropriations: Provided 
further^ 
That 
restrictions contained within appropriations or other provisions of 
law limiting the amounts that may be obligated or expended for 
rentals, construction, or other services or supplies are hereby increased 
to the extent necessary to reflect downward fluctuations in currency 
exchange rates from those used in preparing the applicable budget 
submission: Provid'ed 
further^ 
That contracts or other obligations 
entered into payable in foreign currencies may be recorded as obliga-
tions based on the currency exchange rates used in preparing budget 
submissions, and adjustments to reflect 
fluctuations 
to currency 
exchange rates may be recorded as disbursements are made: 
Provided 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1237 
further, That the Secretary of Defense shall provide an annual report 
to the Congress on all transfers made to or from this appropriation. 
X I I I OLYMPIC WINTER GAMES 
For logistical support and personnel services to the X I I I Olympic 
Winter Games; $2,000,000. During the currejit fiscal year, the Secre-
tary of Defense may transfer the funds made available for this pur-
pose to any appropriation contained in Title I or Title I I I of this Act 
or any subdivision thereof: Provided, 
That funds transferred pur-
suant to this authority shall be merged with and made available for 
the same purpose as the appropriation to which transferred: 
Provided 
further, 
That transfer authority provided herein shall be in addition 
to that provided in section 834 of this Act. 
T I T L E I V 
P R O C U R E M E N T 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and mod-
ernization of aircraft, equipment, including ordinance, ground han-
dling 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 sec-
tion 355, Revised Statutes, as amended; and procurement and 
40 USC 255. 
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 fore-
going purposes; $949,709,000, to remain available for obligation until 
September 30,1981. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and mod-
ernization of missiles, equipment, including ordinance, ground han-
dling 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 sec-
tion 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 equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses; 
$736,900,000, to 
remain 
available 
for 
obligation 
until 
September 30,1981. 
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 train-
92 STAT. 1238 
PUBLIC LAW 95-457—OCT. 13, 1978 
ing 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 
40 use 255. 
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; $1,511,100,000, to 
remain available for obligation until September 30, 1981. 
PROCUREMENT or AMMUNITION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and train-
ing devices; expansion of public and private plants, including ammu-
nition facilities authorized in military construction authorization Acts, 
and 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, appli-
ances, 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; $1,218,100,000, and in 
addition, $30,000,000 shall be derived Dy transfer from "Procurement 
of Ammunition, Army, 1976/1978", to remain available for obligation 
; 
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until September 30, 1981. 
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OTHER PROCUREMENT, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat vehicles; 
the purchase of not to exceed one hundred and thirty passenger motor 
vehicles for replacement only; communications and electronic equip-
ment ; 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, with-
out regard to section 4774, title 10, United States Code, for the fore-
going purposes, and such lands and interests therein, may be ac(juired, 
and construction prosecuted thereon prior to approval of title as 
required by section 355, Revised Statutes, as amended; and procure-
ment 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; $1,642,250,000, and in addition, $40,000,000 
which shall be derived by transfer from "Other Procurement, Army, 
1976/1978", to remain available for obligation until September 30, 
1981. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and mod-
ernization of aircraft, equipment including ordnance, spare parts, and 
accessories therefor; specialized equipment; expansion of public and 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1239 
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, 
40 USC 255. 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
$4,358,700,000, to remain available for obligation until September 30, 
1981. 
W E A P O N S PROCURiiMENT, N A V Y 
For construction, procurement, production, modification, and mod-
ernization 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 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 equip-
ment layaway; $1,955,600,000, to remain available for obligation until 
September 30, 198L 
SHIPBUILDING AND CONVERSION , NAVY 
For expenses necessary for the construction, acquisition, or con-
version of vessels as authorized by law, including armor and arma-
ment 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 leadtime components and designs for vessels to be con-
structed 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, 
$198,000,000; for the SSN-688 nuclear attack submarine program, 
$351,900,000; for the aircraft carrier service life extension program, 
$32,200,000; for the DDG-2 guided missile destroyer modernization 
program, $128,000,000; for the F F G - 7 guided missile frigate pro-
gram, 
$1,493,100,000; 
for 
the 
A D 
destroyer 
tender 
program, 
$318,000,000; for the T-ARC cable laying ship program, $191,000,000; 
for the T-AGOS SURTASS ship program, $69,000,000; for craft, 
outfitting, post delivery, and cost growth on prior year programs, 
$978,400,000; in all: $3,759,600,000, to remain available for obligation 
until September 30, 1983: 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. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for, Navy ordnance and 
ammunition (except ordnance for new aircraft, new ships, and ships 
92 STAT. 1240 
PUBLIC LAW 95-457—OCT. 13, 1978 
authorized for conversion); the purchase of not to exceed six hundred 
and seventy-one passenger motor vehicles for replacement only; expan-
sion of public and private plants, including the land necessary there-
)' M • for, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title as required 
40 use 255. 
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; $2,641,600,000, to remain available for obligation 
until September 30,1981. 
PROCUREMENT, MARINE CORPS 
' 
; : 
For expenses necessary for the procurement, manufacture, and modi-
fication of missiles, armament, ammunition, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment lay-
away ; and vehicles for the Marine Corps, including purchase of not to 
exceed two hundred and twenty-four passenger motor vehicles for 
replacement only; $356,000,000, to remain available for obligation until 
September 30,1981. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling 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 pur-
poses, and such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to the approval of title as required 
by section 355, Revised Statutes, as amended; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transporta-
tion of things; $6,893,307,000, to remain available for obligation until 
September 30, 1981. 
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 lay-
away ; and other expenses necessary for the foregoing purposes includ-
ing rents and transportation of things; $1,579,800,000, to remain avail-
able for obligation until September 30,1981. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1241 
OTHER PROCUREMENT, AIR FORCE 
J 
(INCLUDING IT.ANSFER OF FUNDS) 
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 
one hundred and eight passenger motor vehicles for replacement only; 
and expansion of public and private plants, Government-owned equip-
ment 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 equip- 40 USC 255. 
ment layaway; $2,362,250,000, and in addition, $37,000,000, which 
shall be derived by transfer from "Other Procurement, Air Force, 
1978/1980", to remain available for obligation until September 30,1981. 
PROCUREMENT, DEFENSE AGENCIES 
; 
For expenses of activities and agencies of the Department of Defense 
(other than the military departments and the Defense Civil Prepared-
ness Agency) necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts therefor, not other-
wise provided for; the purchase of not to exceed seventy-four passen-
ger motor vehicles for replacement only; expansion of public and 
• ; , 
r 
private plants, equipment, and installation thereof in such plants, 
v- ' 
;. 
erection of structures, and acquisition of land for the foregoing pur-
poses, and such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to the approval of title as required 
by section 355, Revised Statutes, as amended; reserve plant and Gov-
ernment and contractor-owned equipment layaway; $273,800,000, to 
remain available for obligation until September 30,1981. 
T I T L E V 
; R E S E A R C H , D E V E L O P M E N T , T E S T , AND E V A L U A T I O N 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized by 
law; $2,635,864,000, to remain available for obligation until Septem-
ber 30,1980. 
RESEARCH, DEVELOPMENT, T'EST, AND EVALUATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
92 STAT. 1242 
PUBLIC LAW 95-457—OCT. 13, 1978 
by law; $4,468,871,000, and in addition, $15,000,000 which shall be 
derived by transfer from "Research, Development, Test, and Evalua-
tion, Navy, 1977/1978", to remain available for obligation until Sep-
tember 30,' 1980. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized by 
law; $4,131,040,000, to remain available for obligation until Septem-
ber 30, 1980. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES 
:; ' ] Is* 
p o r expenses of activities and agencies of the Department of Defense 
(other than the military departments and the Defense Civil Prepared-
ness Agency), necessary for basic and applied scientific research, devel-
opment, 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; $892,887,000, to remain available 
for obligation until September 30,1980: 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 
Transfer and 
to be available for the same purposes ancTtime period: Provided 
fur-
merger of funds, 
ther, That such amounts of this appropriation as may be determined 
by the Secretary of Defense may be transferred to carry out the pur-
poses of advanced research to those appropriations for military func-
tions 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. 
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; $27,600,000, to 
remain available for obligation until September 30, 1980. 
T I T L E V I 
S P E C I A L F O R E I G N C U R R E N C Y PROGRAM 
For payment in foreign currencies which the Treasury Department 
determines to be excess to the normal requirements of the United 
States for expenses in carrying out programs of the Department of 
Defense, as authorized by law; $14,362,000, to remain available for 
obligation until September 30,1980: Provided, That this appropriation 
shall be available in addition to other appropriations to such Depart-
ment, for payments in the foregoing currencies. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1243 
_:, 
TITLE VII 
i 
WORKING CAPITAL FUNDS 
ABMY STOCK FUND 
For the Army stock fund, $74,000,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fund, $26,800,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 801. None of the funds appropriated or otherwise made avail-
able in this Act shall be obligated or expended for salaries or expenses 
during the current fiscal year in connection with the demilitarization 
of any arms as advertised by the Department of Defense, Defense 
Logistics Agency sale number 31-8118 issued January 24, 1978, and 
listed as "no longer needed by the Federal Government". 
SEC. 802. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 803. During the current fiscal year, the Secretary of Defense 
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 sec-
tion 3109 of title 5, United States Code, 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 stations and return as may be authorized by 
law: Provided^ That such contracts may be renewed annually. 
SEC. 804. During the current fiscal year, provisions of law prohibit-
ing 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. 805. Appropriations contained in this Act shall be available 
for insiirance 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 con-
cerned ; reimbursement to General Services Administration for secu-
rity guard services for protection of confidential files; 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 
this Act. 
SEC. 806. Any appropriation available to the Army, Navy, or 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 
Publicity or 
propaganda. 
Experts or 
consultants. 
Employment of 
noncitizens. 
31 use 700. 
Appropriations 
availability. 
31 u s e 649a. 
39-194 O—80—pt. 1 
82 : QL3 
92 STAT. 1244 
PUBLIC LAW 95-457—OCT. 13, 1978 
Land acquisition. 
Dependents' 
schooling. 
Deficiency 
judgments. 
Leasing. 
Tools, 
maintenance. 
Access roads. 
22 u s e 2385. 
10 u s e 858 note. 
to be similar to prisoners of war, and persons detained in such custody 
pursuant to Presidential proclamation. 
SEC. 807. 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. 808. 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 sec-
ondary schooling for minor dependents of military and civilian per-
sonnel 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 $298,682,000, when the Secretary of Defense finds that 
schools, if any, available in the locality, are unable to provide ade-
quately 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 und'^r 
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: Promded 
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 informa-
tion leading to the discovery of missing naval property or the recovery 
thereof; (d) for payment of deficiency judgments and interests 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) pay-
ments under contracts for maintenance of tools and facilities 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 
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 the value of the com-
muted 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 per-
sonnel detailed to International Military Headquarters and Organiza-
tions, at rates provided for under section 625(d) (1) of the Foreign 
Assistance Act of 1961, as amended. 
SEC. 809. 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 enlist-
ment; (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 supemumer-
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1245 
Small business 
assistance. 
aries when necessitated by emergent military circumstances; (d) reim-
bursement for subsistence of enlisted personnel while sick in hospitals; 
,,. , .. • , 
(e) expenses of prisoners confined in non-military facilities; (f) mili-
tary 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 officers or agents in accordance with law; (i) expenses of 
Latin American cooperation as authorized for the Xavy by law (10 
U.S.C. 7208) ; (j) expenses of apprehension and delivery of deserters, 10USC807note, 
prisoners, and members absent without leave, including payment of 
rewards of not to exceed $25 in any one case; and (k) expenses of 
arrangements with foreign countries for cryptologic support. 
SEC. 810. The Secretary of Defense and each purchasing and con-
tracting agency of the Department of Defense shall assist American 
small and minority-owned business to participate equitably in the 
furnishing of commodities and services financed with funds appro-
priated under this Act by increasing, to an optimum level, the resources 
and number of personnel jointly assig-ned to promoting both small and 
minority business involvment in purchases financed with funds 
appropriated herein, and by making available or causing to be made 
available to such businesses, information, as far in advance as possible, 
with respect to purchases proposed to be financed with funds appro-
priated under this Act, and by assisting small and minority business 
concerns to participate equitably as subcontractors on contracts 
financed with funds appropriated herein, and by otherwise advocating 
and providing small and minority business opportunities to participate 
in the furnishing of commodities and services financed with funds 
appropriated by this Act. 
SEC. 811. No appropriation contained in this Act shall be available Mess operations, 
for expenses of operation of messes (other than organized messes the 
operating expenses of which are financed principally from nonappro-
priated 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 allow-
ance 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 this 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. 812. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 813. Appropriations of the Department of Defense available 
for operation and maintenance may be reimbursed during the current 
fiscal year for all expenses involved in the preparation for disposal and 
for the disposal of military supplies, equipment, and materiel, and for 
all expenses of production of lumber or timber products pursuant to 
section 2665 of title 10, United States Code, from amounts received as 
proceeds from the sale of any such property: Provided, That a report Report to 
Congress. 
Fiscal year 
limitation. 
Reimbursable 
appropriations. 
92 STAT. 1246 
PUBLIC LAW 95-457—OCT. 13, 1978 
50 u s e 100a-
31 u s e 665. 
Airborne alert 
expenses. 
Military 
personnel 
increases, 
expenses. 
Report to 
eongress. 
eommissary 
stores. 
Free utilities 
outside U.S.A. 
and in Alaska. 
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 
bailing or shearing or for melting or sweating aluminum scrap unless 
the Secretary of Defense or an Assistant Secretary of Defense desig-
nated by him determines, with respect to each facility involved, that 
the operation of such facility is in the national interest. 
SEC. 814. (a) 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, when ever he deems such action to be necessary in the 
interest of national defense. 
(b) Upon determination by the President that such action is neces-
sary, the Secretary of Defense is authorized to provide for the cost 
of an airborne alert as an excepted expense in accordance with the pro-
visions of section 3732 of the Revised Statutes (41 U.S.C. 11). 
(c) 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 section 3732 of the Revised 
Statutes (41 U.S.C. 11). 
(d) The Secretary of Defense shall immediately advise Congress 
of the exercise of any authority granted in this section, and shall 
report monthly on the estimated obligations incurred pursuant to sub-
sections (b) and (c). 
SEC. 815. No appropriation contained in this Act shall be available 
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 transporation outside the United States) and main-
tenance of operating ec^uipment 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 regula-
tions promulgated by the Secretaries of the military departments 
concerned with the approval of the Secretary of Defense, which regu-
lations 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 revenues from 
sales of commissary stores to make such reimbursement: Provided, 
That under such regulations as may be issued pursuant to this section 
all utilities may be furnished without cost to the commissary stores 
outside the continental United States and in Alaska: Provided further, 
That no appropriation contained in this Act shall be available in 
connection with the operation of commissary stores within the con-
tinental 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. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1247 
SEC. 816. No part of the appropriations in this Act shall be available 
for any expense of operating aircraft under the jurisdiction of the 
armed forces for the purpose of proficiency flying, as defined in De-
partment of Defense Directive 1340.4, except in accordance with regu-
lations prescribed by the Secretary of Defense. Such regulations (1) 
may not require such flying except that required to maintain pro-
ficiency 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. 817. No part of any appropriation contained in this Act shall 
be available for expense of transportation, packing, crating, tempo-
rary 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. 818. Vessels under the jurisdiction of the Department of Com-
merce, 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 juris-
diction of the vessels concerned. 
SEC. 819. Not more than 20 per centum of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
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 train-
ing of the Reserve Officers' Training Corps. 
SEC. 820. During the current fiscal year the agencies of the Depart-
ment 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 heat-
ing plants from coal to oil at defense facilities in Europe: Provided 
further, That within thirty days after the end of each quarter the Sec-
retary of Defense shall render to Congress and to the Office of Manage-
ment and Budget a full report of such property, supplies, and com-
modities received during such quarter. 
SEC. 821. 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 Oode, and 
for purposes related to research and development for which expendi-
tures are specifically authorized in other appropriations of the service 
concerned. 
SEC. 822. 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 
Proficiency 
flying. 
Household goods. 
Vessels, transfer. 
40 u s e 483a. 
Obligated funds, 
limitation. 
Foreign real 
property, use. 
31 u s e 700a. 
Report to 
eongress and 
Office of 
Management and 
Budget. 
Research and 
development 
funds. 
Education 
expenses, 
restrictions. 
92 STAT. 1248 
PUBLIC LAW 95-457—OCT. 13, 1978 
ROTC loyalty 
requirements. 
10 u s e 2103 
note. 
Procurement 
restrictions. 
Service facilities. 
Inactive duty 
training pay. 
such training for commissioned personnel who do not agree to remain 
on active duty for two years after completion of such training. 
SEC. 823. No part of the funds appropriated herein shall be 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 ceitificate of loyalty or loyalty oath in such form as shall be pre-
scribed by the Secretary of Defense. 
SEC. 824. No part of any appropriation contained in this Act, except 
for small purchases in amounts not exceeding $10,000, shall be avail-
able 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 manufac-
tured 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 Depart-
ment concerned shall determine that a satisfactory quality and suffi-
cient 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 pro-
duced 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, procure-
ments 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 specialty metals or 
chemical warfare protective clothing produced outside the United 
States or its possessions when such procurement is necessary to comply 
with agreements with foreign governments requiring the United States 
to purchase supplies from foreign sources for the purposes of offsetting 
sales made by the United States Government or United States firms 
under approved programs serving defense requirements or where such 
procurement is necessary in furtherance of the standardization and 
mteroperability of equipment requirements within NATO so long as 
such agreements with foreign governments comply, where applicable, 
with the requirements of section 36 of the Arms Export Control Act 
and with section 814 of the Department of Defense Appropriation 
Authorization Act, 1976: Provided further, 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 differ-
ential on contracts hereafter made for the purpose of relieving eco-
nomic dislocations: Provided further, That none of the funds appro-
priated 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. 825. None of the funds appropriated by this Act shall be used 
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 rea-
sonable rates. 
SEC. 826. None of the funds appropriated by this Act may be obli-
gated under section 206 of title 37, United States Code, for inactive 
i'jsp^a^-
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1249 
duty training pay of a member of the National Guard or a member of 
a reserve component of a uniformed service for more than four periods 
of equivalent training, instruction, duty or appropriate duties that are 
performed instead of that member's regular period of instruction or 
regular period of appropriate duty. 
SEC. 827. Appropriations contained in this Act shall be available 
for the purchase of household furnishings, and automobiles from mili-
tary 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. 828. During the current fiscal year, appropriations available 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; SOStat. 508). 
SEC. 829. Funds provided in this Act for 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 $6,900,000 for fiscal year 1979: Provided, 
That this amount shall be available for apportionment to the Depart-
ment 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. 830. Of the funds made available by this Act for the services 
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 ^hall specify in such procurement, 
performance characteristics for aircraft to be used based upon modern 
aircraft operated by the civil reserve air fleet. 
SEC. 831. During the current fiscal year, appropriations available 
to the Department of Defense for operation may be used for civilian 
clothing, not to exceed $40 in cost for enlisted personnel: (1) dis-
charged for misconduct, 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; or (3) discharged prior to 
completion of recruit training under honorable conditions for depend-
ency, hardship, minority, disability, or for the convenience of the 
Government. 
SEC. 832. 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 adver-
tising 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 con-
tractor for the performance of a defense contract, or (3) the disposal 
of scrap or surplus materials acquired by the contractor in the per-
formance of a defense contract. 
Furnishings and 
automobiles, 
purchase. 
Uniforms. 
Legislative 
liaison activities. 
Civil reserve air 
fleet. 
Civilian clothing. 
Defense 
contractors' 
advertising cosl3, 
restrictions. 
92 STAT. 1250 
PUBLIC LAW 95-457—OCT. 13, 1978 
New facilities, 
SEC. 833. Funds appropriated in this Act for maintenance and repair 
restriction. 
of facilities and installations shall not be available for acquisition of 
new facilities, or alteration, expansion, extension, or addition of exist-
ing facilities, as defined in Department of Defense Directive 7040.2, 
dated January 18, 1961, in excess of $100,000: Provided^ That the 
ha 
Secretary of Defense may amend or change the said directive during 
the current fiscal year, consistent with the purpose of this section. 
Transfer of funds. 
SEC. 834. During the current fiscal year, upon determination by the 
Secretary of Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management and Budget, 
transfer not to exceed $750,000,000 of the appropriations or funds 
made available in this Act to the Department of Defense for military 
functions (except military construction) between such appropriations 
or funds or any subdivision thereof, to lie merged with and to be avail-
;
=
v «jj 
able for the same purposes, and for the same time period, as the appro-
priation 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 ap-
propriated and in no case where the item for which funds are requested 
has been denied by Congress: Provided further, That the Secretary 
of Defense shall notify me Congress promptly of all transfers made 
pursuant to this authority. 
SEC. 835. None of the funds appropriated by this Act may be used 
to make payments under contracts for any program, project, or activ-
ity 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. 836. 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 Sec-
retary of Defense, with the approval of the Office of Management and 
Budget, except that transfers between a stock fund account and an 
industrial fund account may not be made unless the Secretary of De-
fense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund 
to procure war reserve material inventory, unless the Secretary of 
Defense has notified the Congress prior to anv such obligation. 
SEC. 837. Not more than $170,600,000 of the funds appropriated by 
this Act shall be made available for payment to the Federal Employ-
ees Compensation Fund, as established by 5 U.S.C. 8147. 
SEC. 838. No part of the funds appropriated under this Act shall 
be used to pay salaries of any Federal employee who is convicted in 
any Federal, State, or local court of competent jurisdiction, of incit-
ing, pronjoting, 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. 
Campus 
SEC. 839. No part of the funds appropriated under this Act shall 
disrupters. 
jjg used to provide a loan, guarantee of a loan, or a grant to any 
applicant who has 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 
Notification to 
Congress. 
Contract 
payments in 
foreign countries. 
Working capital 
fund. 
Federal 
Employees 
Compensation 
Fund. 
Convicted rioters. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1251 
an institution of higher education to prevent officials or students at such 
an institution from engaging in their duties or pursuing their studies. 
SEC. 840. None of the funds available to the Department of Defense 
shall be utilized for the conversion of heating plants from coal to oil 
at defense facilities in Europe. 
SEC. 841. None of the funds appropriated by this Act shall be 
available for any research involving uninformed or nonvoluntary 
human beings as experimental subjects. 
SEC. 842. Appropriations for the current fiscal year for operation 
and maintenance oi the active forces shall be available for medical and 
dental care of personnel entitled thereto by law or regulation (includ-
ing charges of private facilities for care of military personnel, except 
elective private treatment); welfare and recreation; hire of passen-
ger motor vehicles; repair of facilities; modification of personal 
property; design of vessels; industrial mobilization; installation of 
equipment in public and private plants; military communications 
facilities on merchant vessels; acquisition of services, special cloth-
ing, supplies, and equipment; and expenses for the Reserve Officers' 
Training Corps and other units at educational institutions. 
SEC. 843. No part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropriations for the 
reprogramming of funds, unless for higher priority items, based on 
unforeseen military requirements, than those for which originally 
appropriated and in no case where tlie item for which reprogramming 
is requested has been denied by the Congress. 
SEC. 844. No funds appropriated by this Act shall be available to 
pay claims for nonemergency inpatient hospital care provided 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 patient's residence. 
SEC. 845. 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 counselors, or family 
and child counselors, or marital counselors unless the patient has been 
referred to such counselor by a medical doctor for treatment of a spe-
cific problem with results of that treatment to be communicated back 
to the physician who made such referral; (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 sur-
gery justified solely on psychiatric needs including, but not limited to, 
mammary augmentation, face lifts and sex gender changes; (f) reim-
bursement of any physician or other authorized individual provider 
of medical care in excess of the eightieth percentile of the customary 
charges made for similar services in the same locality where the medi-
cal care was furnished; or (g) any service or supply which is not 
medically or psychologically necessary to prevent, diagnose, or treat 
a mental or physical illness, injury, or bodily malfunction as assessed 
or diagnosed by a physician, dentist, clinical psychologist, or certified 
nurse-midwife, as appropriate, except as authorized by section 1079 
(a) (4) of title 10, United States Code. 
SEC. 846. Funds appropriated in this Act shall be available for the 
appointment, pay, and support of persons appointed as cadets and 
midshipmen in the two-year Senior Reserve Officers' Training Corps 
course in excess of the 20 percent limitation on such persons imposed 
Heating plant 
conversion. 
Involuntary 
experimental 
subjects. 
Reprogramming 
of funds. 
Health prograra, 
restrictions. 
92 STAT. 1252 
PUBLIC LAW 95-457—OCT. 13, 1978 
Unused accrued 
leave. 
Enlisted aides, 
limitation. 
Public affairs 
activities. 
22 use 2777. 
22 use 2761. 
Medical care 
evaluation test. 
Transfer and 
merger of funds. 
Notification of 
Congress. 
Senior Reserve 
Officers' Training 
Corps. 
by section 2107 (a) of title 10, United States Code, but not to exceed 
60 percent of total authorized scholarships. 
SEC. 847. None of the funds appropriated by this Act shall be avail-
able 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 sixty days of such leave, less the number of days for which pay-
ment was previously made under section 501 after February 9, 1976. 
SEC. 848. None of the funds appropriated by this Act may be used 
to support more than 300 enlisted aides for officers in the United States 
Armed Forces. 
SEC. 849. No appropriation contained in this Act may be used to 
pay for the cost of public affairs activities of the Department of 
Defense in excess of $25,000,000. 
SEC. 850. None of the funds provided in this Act shall be available 
for the planning or execution of programs which utilize amounts 
credited to Department of Defense appropriations or funds pursuant 
to the provisions of section 37(a) of the Arms Export Control Act 
representing payment for the actual value of defense articles specified 
in section 21(a)(1) of that Act: Provided^ That such amounts so 
credited shall be deposited in the Treasury as miscellaneous receipts 
as provided in 31 U.S.C. 484. 
SEC. 851. During the current fiscal year, for the purpose of conduct-
ing a test to evaluate a capitation approach to providing medical care 
and to that end for the purpose of providing adequate funds in Depart-
ment of Defense Medical Regions 1 and 9 for medical care, including 
the expenses of the Civilian Health and Medical Program of the Uni-
formed Services, funds available to the Department of Defense in the 
appropriation "Operation and Maintenance, Defense Agencies" for 
expenses of the Civilian Health and Medical Program of the Uni-
formed Services may be transferred to appropriations available to the 
military departments for operation and maintenance, and funds avail-
able to the military departments for operation and maintenance may 
be transferred between such appropriations: Provided^ That funds 
transferred pursuant to this authority shall be merged with and made 
available for the same purpose as the appropriation to which trans-
ferred : Provided further^ That the Secretary of Defense shall notify 
the Congress promptly of all transfers made pursuant to this author-
ity : Provided further^ That transfer authority provided herein shall 
be in addition to that provided in section 834 of this Act. 
SEC. 852. No appropriation contained in this Act shall be available 
to fund any costs of a Senior Reserve Officers' Training Corps unit— 
except to complete training of personnel enrolled in Military Science 
4—which in its junior year class (Military Science 3) has for the four 
preceding academic years, and as of September 30, 1978, enrolled less 
than (a) seventeen students where the institution prescribes a four-
year or a combination four- and two-year program; or (b) twelve_stu-
dents where the institution prescribes a two-year program: Provided^ 
That, notwithstanding the foregoing limitation, funds shall be avail-
able to maintain one Senior Reserve Officers' Training Corps unit in 
each State and at each State-operated maritime academy: Provided 
further^ That units under the consortium system shall be considered as 
a single unit for purposes of evaluation of productivity under this 
provision. 
SEC. 853. None of the funds appropriated by this Act shall be obli-
gated under the Competitive Rate Program of the Department of 
Defense for the transportation of household goods to or from Alaska 
or Hawaii. 
PUBLIC LAW 95-457—OCT. 13, 1978 
92 STAT. 1253 
SEC. 854. (a) None of the funds appropriated by this Act or available Limitation, 
in any working capital fund of the Department of Defense shall be 
available to pay the expenses attributable to lodging of any person on 
official business away from his designated post of duty, or in the case 
of an individual described under section 5703 of title 5, United States 
Code, his home or regular place of duty, when adequate government 
quarters are available, but are not occupied by such person. 
(b) The limitation set forth in subsection (a) is not applicable to 
employees whose duties require official travel in excess of fifty percent 
of the total number of the Ijasic administrative work weeks during the 
current fiscal year. 
SEC. 855. (a) None of the funds appropriated by this Act shall be Retainer pay. 
available to pay the retainer pay of any enlisted member of the Regu-
lar Navy, the Naval Reserve, the Regular Marine Corps, or the Marme 
Corps Reserve who is transferred to the Fleet Reserve or the Fleet 
Marine Corps Reserve under section 6330 of title 10, United States 
Code, on or after December 31, 1977, if the provisions of section 6330 
(d) of title 10, are utilized in determining such member's eligibility 
for retirement under section 6330(b) of title 10: Provided^ That not-
withstanding the foregoing, time creditable as active service for a com-
pleted minority enlistment, and an enlistment terminated within three 
months before the end of the term of enlistment under section 6330(d) 
of title 10, prior to December 31,1977, may be utilized in determining 
eligibility for retirement: Provided further^ That notwithstanding the 
foregoing, time may be credited as active service in determining a 
member's eligibility for retirement under section 6330(b) of title 10 
pursuant to the provisions of the first sentence of section 6330(d) of 
title 10 for those members who had formally requested transfer to the 
Fleet Reserve or the Fleet Marine Corps Reserve on or before October 
1, 1977. 
(b) None of the funds appropriated by this Act shall be available 
to pay that portion of the retainer pay of any enlisted member of the 
Regular Navy, the Naval Reserve, the Regular Marine Corps, or the 
Marine Corps Reserve who is transferred to the Fleet Reserve or the 
Fleet Marine Corps Reserve under section 6330 of title 10, United 
-— 
States Code, on or after December 31,1977, which is attributable under 
the second sentence of section 6330(d) of title 10 to time which, after 
December 31, 1977, is not actually served by such member. 
SEC. 856. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obliga-
tion beyond the current fiscal year. 
SEC. 857. None of the funds provided by this Act may be used to pay 
the salaries of any person or persons who authorize the transfer of 
unobligated and deobligated appropriations into the Reserve for Con-
tingencies of the Central Intelligence Agency. 
SEC. 858. None of the funds appropriated by this Act may be used to 
support more than 9,901 full-time and 2,603 part-time military person-
nel assigned to or used in the support of Morale, Welfare, and Recrea-
tion activities as described in Department of Defense Instruction 
7000.12 and its enclosures, dated July 17,1974. 
SEC. 859. During the current fiscal year, i\v? Department of Defense Loan guaranteei 
may guarantee loans pursuant to Title III of the Defense Production 
Act of 1950 as amended (50 U.S.C. App. 2091. 64 Stat. 800) in an 
amount not to exceed $30,000,000. 
SEC. 860. None of the funds appropriated by this Act may be used 
for the consolidation or realignment of advanced or undergraduate 
pilot training squadrons of the Navy as currently proposed by the 
Department of Defense. 
Central 
Intelligence 
Agency. 
Morale, welfare, 
and recreation 
activities. 
92 STAT. 1254 
PUBLIC LAW 95-457—OCT. 13, 1978 
Dependent travel 
entitlements, 
limitation. 
Abortion, 
limitations. 
SEO. 861. All obligations incurred in anticipation of the appropria-
tions and authority provided in this Act are hereby ratified and con-
firmed if otherwise in accordance with the provisions of this Act. 
SEC. 862. None of the funds appropriated by this Act shall be used 
to pay for dependent travel entitlements to overseas areas if such pay-
ment would increase the total number of military dependents overseas 
above 350,000. 
SEC. 863. None of the funds appropriated by this Act shall be used 
to perform abortions except where the life of the mother would be 
endangered if the fetus were carried to term; or except for such medi-
cal procedures necessary for the victims or rape or incest, when such 
rape or incest has been reported promptly to a law enforcement agency 
or public health service; or except in those instances where severe and 
long-lasting physical health damage to the mother would result if the 
pregnancy were carried to term when so determined by two physicians. 
Nor are payments prohibited for drugs or devices to prevent implanta-
tion of the fertilized ovum, or for medical procedures necessary for 
the termination of an ectopic pregnancy. 
Short title. 
TITLE IX 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$12,000,000. 
PAYMENT TO THE CENTRAL INTELLIGENCE AGENCY RETIREMENT 
AND D I S A B I L I T Y 
F U N D 
For payment to the Central Intelligence Agency Retirement and 
Disability Fund, to maintain proper funding level for continuing the 
operation of the Central Intelligence Agency Retirement and Dis-
ability System; $43,500,000. 
This Act may be cited as the "Department of Defense Appropriation 
Act, 1979". 
Approved October 13, 1978. 
' 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1398 (Comm. on Appropriations) and No. 95-1764 (Comm. 
of Conference). 
-!«5?j.«iBi,'S n 
SENATE REPORT No. 95-1264 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
Aug. 4, 7, 9, considered and passed House. 
Oct. 4, 5, considered and passed Senate, amended. 
Oct. 12, House agreed to conference report; receded and concurred in certain 
Senate amendments; receded and concurred in others with amendments; Senate 
agreed to conference report; concurred in House amendments.