An act to authorize appropriations for fiscal year 1980 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty component and the Selected Reserve of each Reserve component of the Armed Forces and for civilian personnel of the Department of Defense, to authorize the military training student loads, to authorize appropriations for fiscal year 1980 for civil defense, and for other purposes.
PL 96-107 (S.428), enacted 11/09/1979

PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 803 
Public Law 96-107 
96th Congress 
An Act 
To authorize appropriations for fiscal year 1980 for procurement of aircraft, mis- —JNov. V, 197^— 
siles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and 
[S. 428] 
for research, development, test, and evaluation for the Armed Forces, to prescribe 
the authorized personnel strength for each active duty component and the Se-
lected Reserve of each Reserve component of the Armed Forces and for civilian 
personnel of the Department of Defense, to authorize the military training stu-
dent loads, to authorize appropriations for fiscal year 1980 for civil defense, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be Department of 
cited as the "Department of Defense Authorization Act, 1980". AutlTorization 
TITLE I—PROCUREMENT 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1980 for the use of the Armed Forces of the United States for 
procurement of aircraft, missiles, naval vessels, tracked combat 
vehicles, torpedoes, and other weapons, as authorized by law, in 
amounts as follows: 
AIRCRAFT 
For aircraft: for the Army, $1,002,600,000; for the Navy and 
the 
Marine 
Corps, 
$4,534,900,000; 
for 
the 
Air 
Force, 
$7,842,340,000. 
MISSILES 
For missiles: for the Army, $1,202,900,000; for the Navy, 
$1,575,100,000; for the Marine Corps, $20,500,000; for the Air 
Force, $2,263,800,000. 
NAVAL VESSELS 
For naval vessels: for the Navy, $6,706,800,000. 
TRACKED COMBAT VEHICLES 
For tracked combat vehicles: for the Army, $1,679,000,000; for 
the Marine Corps, $13,000,000. 
TORPEDOES 
For torpedoes and related support equipment: for the Navy, 
$336,800,000. 
OTHER WEAPONS 
For other weapons: for the Army, $170,500,000; for the Navy, 
$153,000,000; for the Marine Corps, $25,200,000. 
Act, 1980. 
93 STAT. 804 
PUBLIC LAW 96-107—NOV. 9, 1979 
Report to 
Congress. 
REPORT ON B-52 AIRCRAFT MODIFICATION PROGRAM 
SEC. 102. Of the amount authorized to be appropriated under 
section 101 for procurement of aircraft for the Air Force, $431,900,000 
is authorized for the procurement of avionics and cruise missile 
integration for the B-52 aircraft modification program subject to the 
condition that the Secretary of Defense provide to the Congress at the 
earliest possible date, and not later than November 30,1979, a report 
on— 
(1) all uncertainties in the effectiveness of the B-52 aircraft as 
a cruise missile carrier over the next decade, including any 
degradation of defense penetration capabilities of the B-52 
aircraft which could result from possible air defense advances by 
the Soviet Union; and 
(2) the requirement for maintaining the defense penetration 
capability of the B-52 aircraft and the options available during 
the next decade to maintain such capability. 
AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTION TO AIRBORNE 
WARNING AND CONTROL SYSTEM (AWACS) FOR NATO 
SEC. 103. There is authorized to be appropriated for fiscal year 1980 
the sum of $243,100,000 to be available only for contribution by the 
United States of its share of the cost for such fiscal year of the 
acquisition by the North Atlantic Treaty Organization of the Air-
borne Early Warning and Control System (AWACS). 
CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN CONNECTION 
WITH THE NATO AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 
PROGRAM 
SEC. 104. (a) During fiscal year 1980, the Secretary of Defense, in 
carrying out the Multilateral Memorandum of Understanding 
Between the North Atlantic Treaty Organization (NATO) Ministers 
of Defence on the NATO E-3A Cooperative Programme, signed by the 
Secretary of Defense on December 6,1978, may— 
Waivers. 
(1) waive reimbursement for the cost of the following functions 
performed by personnel other than personnel employed in the 
United States Air Force Airborne Warning and Control System 
(AWACS) program office: 
(A) auditing; 
(B) quality assurance; 
(C) codification; 
(D) inspection; 
(E) contract administration; 
<-
(F) acceptance testing; 
(G) certification services; and 
(H) planning, programming, and management services; 
(2) waive any surcharge for administrative services otherwise 
chargeable; and 
(3) in connection with the NATO E-3A Cooperative Pro-
gramme for fiscal year 1980, assume contingent liability for— 
(A) program losses resulting from the gross negligence of 
any contracting officer of the United States; 
(B) identifiable taxes, customs duties, and other charges 
levied within the United States on the program; and 
(C) the United States share of the unfunded termination 
liability. 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 805 
(b) Authority under this section to enter into contracts shall be 
effective for any fiscal year only to such extent or in such amounts as 
are provided in appropriation Acts. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. Funds are hereby authorized to be appropriated for fiscal 
year 1980 for the use of the Armed Forces of the United States for 
research, development, test, and evaluation, as authorized by law, in 
amounts as follows: 
For the Army, $2,866,461,000, of which $3,000,000 is authorized 
only for the performance and completion of a feasibility demon-
stration of launching Heliborne Missiles (HELLFIRE) from 
UH-60 helicopters. 
For the Navy (including the Marine Corps), $4,542,992,000, of 
which (1) $60,000,000 is authorized only for the continued 
research, development, test, and evaluation of the 3,000-ton 
prototype Surface Effect Ship (SES), and (2) $30,000,000 is author-
ized only for joint Navy/Air Force full-scale engineering develop-
ment of the Air-to-Ground Standoff Missile system which is to be 
available for production on or before December 31,1984. 
For the Air Force, $4,994,046,000, of which (1) $670,000,000 is 
authorized only for the concurrent full-scale engineering devel-
opment of the missile basing mode known as the Multiple 
Protective Structure (MPS) system and the MX missile, as 
provided in section 202 of the Department of Defense Supplemen-
tal Appropriation Authorization Act, 1979 (Public Law 96-29), 
and (2) $30,000,000 is authorized only for the research, develop-
ment, test, and evaluation required for competitive hardware 
demonstration of the Strategic Weapons Launcher and a deriva-
tive of a military aircraft or a commercial aircraft, in order to 
establish not later than September 30, 1981, the utility of these 
aircraft as cruise missile carriers. 
For the Defense Agencies, $1,110,618,000, of which $42,500,000 
is authorized for the activities of the Director of Test and 
Evaluation, Defense. 
Heliborne 
Missiles. 
Surface Effect 
Ship. 
Air-to-Ground 
Standoff Missile 
system. 
Multiple 
Portective 
Structure 
system. 
MX missile. 
Strategic 
Weapons 
Launcher. 
Ante, p. 79. 
REPORT ON NEW BASING MODE FOR INTERCONTINENTAL BALLISTIC 
MISSILES 
SEC. 202. The Secretary of Defense shall submit to the Congress in 
writing, not later than March 1, 1980, a report evaluating in detail 
the ability of the basing mode for land-based intercontinental ballis-
tic missiles known as the Multiple Protective Structure (MPS) system 
to survive foreseeable attempts by the Soviet Union to neutralize 
such system. 
RESTRICTION ON THE USE OF FUNDS FOR DEVELOPMENT OF THE 
EXTREMELY LOW FREQUENCY COMMUNICATION SYSTEM 
SEC. 203. None of the funds authorized to be appropriated by this 
Act for the development of the Extremely Low Frequency (ELF) 
communication system may be obligated or expended for the develop-
ment of such system unless the President certifies to the Congress in 
writing that the use of funds for such purpose is in the national 
interest, that a site has been selected for the deployment of such 
Report to 
Ck)ngress. 
Presidential 
certification to 
Congress. 
93 STAT. 806 
PUBLIC LAW 96-107—NOV. 9, 1979 
system, and that the President has approved such site for the 
deplo)rment of such system, and in no event may any of the funds 
authorized to be appropriated by this Act be used for full scale 
development or construction of another test-bed facility for an 
Extremely Low Frequency (ELF) communication system. 
TITLE III—ACTIVE FORCES 
AUTHORIZATION OF END STRENGTHS 
SEC. 301. The Armed Forces are authorized strengths for active 
duty personnel as of September 30,1980, as follows: 
(1) The Army, 776,700. 
(2) The Navy, 528,000. 
(3) The Marine Corps, 189,000. 
(4) The Air Force, 558,000. 
AUTHORIZED STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS 
SEC. 302. (a) Section 3218 of title 10, United States Code, is amended 
by striking out "and those serving in the National Guard Bureau" 
and inserting in lieu thereof "those serving in the National Guard 
Bureau, and those counted under section 3202 of this title". 
10 use 5457. 
(b) Section 5457(a) of such title is amended by inserting after "rear 
admiral" a comma and "exclusive of those counted under section 
5442 of this title,". 
10 use 5458. 
(c) Section 5458(a) of such title is amended by inserting after 
"combined" a comma and "exclusive of those counted under section 
5443 of this title,". 
10 use 8218. 
(d) Section 8218 of such title is amended by striking out "and those 
serving in the National Guard Bureau" and inserting in lieu thereof 
"those serving in the National Guard Bureau, and those counted 
under section 8202 of this title". 
Repeal. 
10 u s e 686. 
10 u s e 138. 
Report to 
eongress. 
ANNUAL OFFICER GRADE DISTRIBUTION REPORT AND PROMOTION PLAN 
TO BE INCLUDED AS PART OF THE ANNUAL MANPOWER REQUIRE-
MENTS REPORT RATHER THAN AS A SEPARATE REPORT 
SEC. 303. (a)(1) Section 686 of title 10, United States Code, providing 
for an annual officer grade distribution report, is repealed. 
(2) The table of sections at the beginning of chapter 39 of such title 
is amended by striking out the item relating to section 686. 
O
b
) Paragraph (3) of section 138(c) of such title, providing for an 
annual manpower requirements report, is amended to read as 
follows: 
"(3)(A) The Secretary of Defense shall submit to Congress a written 
report, not later than February 15 of each fiscal year, recommending 
the annual active duty end strength level for each component of the 
armed forces for the next fiscal year and the annual civilian 
personnel end strength level for each component of the Department 
of Defense for the next fiscal year, and shall include in that report 
justification for the strength levels recommended and an explanation 
of the relationship between the personnel strength levels recom-
mended for that fiscal year and the national security policies of the 
United States in effect at the time. The justification and explanation 
shall specify in detail for all military forces (including each land force 
division, carrier and other major combatant vessel, air wing, and 
other comparable unit) the— 
"(i) unit mission and capability; 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 807 
"(ii) strategy which the unit supports; and 
"(iii) area of deployment and illustrative areas of potential 
deployment, including a description of any United States com-
mitment to defend such areas. 
"(B) The Secretary of Defense shall also include in the report 
required under subparagraph (A) a detailed discussion of— 
"(i) the manpower required for support and overhead functions 
within the armed forces and the Department of Defense; 
"(ii) the relationship of the manpower required for support and 
overhead functions to the primary combat missions and support 
policies; and 
"(iii) the manpower required to be stationed or assigned to duty 
in foreign countries and aboard vessels located outside the 
territorial limits of the United States, its territories, and 
possessions. 
"(C) In such report, the Secretary of Defense shall also identify, 
define, and group by mission and by region the types of military 
bases, installations, and facilities and shall provide an explanation 
and justification of the relationship between this base structure and 
the proposed military force structure together with a comprehensive 
identification of base operating support costs and an evaluation of 
possible alternatives to reduce such costs. 
"(D) The Secretary of Defense shall also include in such report with 
respect to each armed force under the jurisdiction of the Secretary of 
a military department— 
"(i) the estimated requirements in members on active duty 
during the next fiscal year; 
"(ii) the estimated number of commissioned officers in each 
grade on active duty and to be promoted during the next fiscal 
year; and 
"(iii) an analysis of the distribution by grade of commissioned 
officers on active duty at the time the report is prepared.". 
TITLE IV-RESERVE FORCES 
AUTHORIZATION OF STRENGTHS 
SEC. 401. (a) For fiscal year 1980, the Selected Reserve of the reserve 
components of the Armed Forces shall be programmed to attain 
average strengths of not less than the following: 
(1) The Army National Guard of the United States, 355,700. 
(2) The Army Reserve, 197,400. 
(3) The Naval Reserve, 87,000. 
(4) The Marine Corps Reserve, 33,600. 
(5) The Air National Guard of the United States, 92,500. 
(6) The Air Force Reserve, 57,300. 
(7) The Coast Guard Reserve, 11,700. 
Ot)) Within the average strengths prescribed by subsection (a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 1980, the following number of Reserves to be serving 
on full-time active duty for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 6,244. 
(2) The Army Reserve, 4,288. 
(3) The Naval Reserve, 707. 
(4) The Marine Corps Reserve, 67. 
(5) The Air National Guard of the United States, 1,560. 
(6) The Air Force Reserve, 681. 
93 STAT. 808 
PUBLIC LAW 96-107—NOV. 9, 1979 
Reduction. 
(c) The average strength prescribed by subsection (a) for the 
Selected Reserve of any reserve component shall be proportionately 
reduced by (1) the total authorized strength of units organized to 
serve as units of 
the Selected Reserve of 
such component which are on 
active duty (other than for training) at any time during the fiscal 
year, and (2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such component 
who are on active duty (other than for training or for unsatisfactory 
participation in training) without their consent at any time during 
the fiscal year. Whenever such units or such individual members are 
released from active duty during any fiscal year, the average strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be proportionately increased by the total 
authorized strength of such units and by the total number of such 
individual members. 
AMENDMENTS TO SELECTED RESERVE EDUCATIONAL ASSISTANCE 
PROGRAM 
SEC. 402. (a) Section 2131(bXl) of title 10, United States Code, is 
amended by striking out "50 percent" and inserting in lieu thereof 
"100 percent". 
1
0 use 2133. 
(b) Section 21330)) of such title is amended to read as follows: 
"(bXD A member who fails to participate satisfactorily in training 
with his unit, if he is a member of a unit, during a term of enlistment 
for which the member entered into an agreement under section 
2132(aX4) of this title shall refund an amount computed under 
paragraph (2) unless the failure to participate in training was due to 
reasons beyond the control of the member. Any refund by a member 
under this section shall not affect the period of obligation of such 
member to serve as a Reserve. 
"(2) The amount of any refund under paragraph (1) shall be the 
amount equal to the product o
f
— 
"(A) the number of months of obligated service remaining 
during that term of enlistment divided by the total number of 
months of obligated service of that term of enlistment; and 
"(B) the total amount of educational assistance provided to the 
member under section 2131 of 
this title.". 
1
0 use 2131 
(c) The amendments made by this section shall apply only to 
^°^- 
individuals enlisting in the Reserves after September 30, 1979. 
DISCRETIONARY AUTHORFFY OF SECRETARY CONCERNED TO RETAIN 
CERTAIN RESERVE OFFICERS ON ACTIVE DUTY UNTIL AGE 60 
SEC 403. (a) Section 3855 of title 10, United States Code, is amended 
by inserting "Veterinary Corps," after "Dental Corps,". 
1
0 use 8855. 
(b) Section 8855 of such title is amended by inserting "veterinary 
officer," after "dental officer,". 
REPEAL OF AUTHORFFY FOR ADDFHONAL PAY FOR PERFORMANCE OF AD-
MINISTRATIVE FUNCTIONS BY OFFICERS OF THE NATIONAL GUARD 
AND RESERVE COMPONENTS 
Repeal. 
SEC. 404. (aXD Section 309 of title 37, United States Code, is 
repealed. 
(2) The table of sections at the beginning of chapter 5 of such title is 
amended by striking out the item relating to section 309. 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 809 
(b) The amendments made by this section shall apply only with 
respect to administrative functions performed after September 30, 
1980. 
TITLE V—CIVILIAN PERSONNEL 
37 u s e 309 note. 
AUTHORIZATION OF END STRENGTH 
SEC. 501. (a) The Department of Defense is authorized a strength in 
civilian personnel, as of September 30,1980, of 983,600. 
Q3) The strength for civilian personnel prescribed in subsection (a) 
shall be apportioned among the Department of the Army, the 
Department of the Navy (including the Marine Corps), the Depart-
ment of the Air Force, and the agencies of the Department of Defense 
(other than the military departments) in such numbers as the 
Secretary of Defense shall prescribe. The Secretary of Defense shall 
report to the Congress within sixty days after the date of the 
enactment of this Act on the manner in which the initial allocation qf 
civilian personnel is made among the military departments and the 
agencies of the Department of Defense (other than the military 
departments) and shall include the rationale for each allocation. 
(c) In computing the strength for civilian personnel, there shall be 
included all direct-hire and indirect-hire civilian personnel employed 
to perform military functions administered by the Department of 
Defense (other than those performed by the National Security 
Agency) whether employed on a full-time, part-time, or intermittent 
basis, but excluding special employment categories for students and 
disadvantaged youth such as the stay-in-school campaign, the tempo-
rary summer aid program and the Federal junior fellowship program, 
and personnel participating in the worker-trainee opportunity pro-
gram. Whenever a function, power, or duty, or activity is transferred 
or assigned to a department or agency of the Department of Defense 
from a department or agency outside of the Department of Defense, 
or from another department or agency within the Department of 
Defense, the civilian personnel end strength authorized for such 
departments or agencies of the Department of Defense affected shall 
be adjusted to reflect gmy increases or decreases in civilian personnel 
required £is a result of 
such transfer or assignment. 
(d) When the Secretary of Defense determines that such action is 
necessary in the national interest, he may authorize the employment 
of civilian personnel in excess of the number authorized by subsection 
(a), but such additional number may not exceed VA percent of the 
total number of civilian personnel authorized for the Department of 
Defense by subsection (a). The Secretary of Defense shall promptly 
notify the Congress of any authorization to increase civilian person-
nel strength under the authority of 
this subsection. 
(e) During fiscal year 1980, the Secretary of Defense shall manage 
the manpower resources of the Department of Defense in a manner 
that will insure that those functions of the Department of Defense 
involving maintenance, construction, engineering acquisition, or 
repair activities will be provided civilian manpower resources suffi-
cient to fulfill the work requirements for which funds have been 
appropriated on a schedule consistent with the requirements of 
national security and military readiness. 
Report to 
Congress. 
Personnel 
increase, 
limitation. 
Notification to 
Congress. 
93 STAT. 810 
PUBLIC LAW 96-107—NOV. 9, 1979 
TITLE VI-MILITARY TRAINING STUDENT LOADS 
AUTHORIZATION OP TRAINING STUDENT LOADS 
SEC. 601. (a) For fiscal year 1980, the components of the Armed 
Forces are authorized average military training student loads as 
follows: 
(1) The Army, 54,865. 
(2) The Navy, 61,913. 
(3) The Marine Corps, 22,618. 
(4) The Air Force 43 249. 
(5) The Army Nationai Guard of the United States, 7,985. 
(6) The Army Reserve, 4,772. 
(7) The Naval Reserve, 906. 
(8) The Marine Corps Reserve, 3,156. 
(9) The Air National Guard of the United States, 1,958. 
(10) The Air Force Reserve, 1,276. 
(b) In addition to the number authorized for the Army, the Army 
National Guard of the United States, and the Army Reserve in 
subsection (a), such components are authorized military training 
student loads of not less than the following numbers to be utilized 
solely for one station unit training: 
(1) The Army, 19,603. 
(2) The Army National Guard of the United States, 6,631. 
(3) The Army Reserve, 1,556. 
Apportionment 
(c) The average military training student loads for the Army, the 
adjustment. 
Navy, the Marine Corps, and the Air Force and the Reserve compo-
nents authorized in subsection (a) for fiscal year 1980 shall be 
adjusted consistent with the manpower strengths authorized in titles 
III, IV, and V of this Act. Such adjustment shall be apportioned 
among the Army, the Navy, the Marine Corps, and the Air Force and 
the Reserve components in such manner as the Secretary of Defense 
shall prescribe. 
TITLE VII—CIVIL DEFENSE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 701. There is authorized to be appropriated for fiscal year 1980 
for the purpose of carrying out the provisions of the Federal Civil 
Defense Act of 1950 (50 U.S.C. App. 2251-2297) the sum of 
$106,800,000. 
INCREASE IN AMOUNTS THAT MAY BE APPROPRIATED FOR CONTRIBU-
TIONS TO STATES FOR PERSONNEL AND ADMINISTRATIVE EXPENSES 
SEC. 702. The last proviso of section 408 of the Civil Defense Act of 
1950 (50 U.S.C. App. 2260) is amended by striking out everything after 
the last semicolon and inserting in lieu thereof "and appropriations 
for contributions to the States for personnel and administrative 
5
0 use app. 
expenses under section 205 shall not exceed $40,000,000 per annum.". 
2286. 
TITLE Vni—GENERAL PROVISIONS 
AMENDMENTS TO THE UNIFORM CODE OF MILITARY JUSTICE 
SEC. 801. (a) Section 802 of title 10, United States Code (article 2 of 
the Uniform Code of Military Justice), is amended— 
(1) by inserting "(a) before "The" at the beginning of such 
section; and 
(2) by adding at the end thereof the following new subsections: 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 811 
"(b) The voluntary enlistment of any person who has the capacity 
to understand the significance of enlisting in the armed forces shall 
be valid for purposes of jurisdiction under subsection (a) of this 
section and a change of status from civilian to member of the armed 
forces shall be effective upon the taking of the oath of enlistment. 
"(c) Notwithstanding any other provision of law, a person serving 
with an armed force who— 
"(1) submitted voluntarily to military authority; 
"(2) met the mental competency and minimum age qualifica-
tions of sections 504 and 505 of this title at the time of voluntary 
submission to military authority; 
"(3) received military pay or allowances; and 
"(4) performed military duties; 
is subject to this chapter until such person's active service has been 
terminated in accordance with law or regulations promulgated by the 
Secretary concerned.". 
(b) Section 836(a) of such title (article 36(a) of the Uniform Code of 10 USC 836. 
Military Justice) is amended by striking out "The procedure, includ-
ing modes of proof, in cases before courts-martial, courts of inquiry, 
military commissions, and other military tribunals" and inserting in 
lieu thereof "Pretrial, trial, and post-trial procedures, including 
modes of proof, for cases arising under this chapter triable in courts-
martial, military commissions and other military tribunals, and 
procedures for courts of inquiry,". 
WAIVER OF APPLICABILITY OF 0MB CIRCULAR A-76 TO CONTRACTING 
OUT OF CERTAIN RESEARCH AND DEVELOPMENT ACTIVITIES 
SEC. 802. (a) Except as provided in subsection (b), neither the lO USC 138 note, 
implementing instructions for, nor the provisions of. Office of Man-
agement and Budget Circular A-76 (issued on August 30, 1967, and 
reissued on October 18,1976, June 13,1977, and March 29,1979) shall 
control or be used for policy guidance for the obligation or expendi-
ture of any funds which under section 138(a)(2) of title 10, United 
States Code, are required to be specifically authorized by law. 
(b) Funds which under section 138(a)(2) of title 10, United States 
Code, are required to be specifically authorized by law may be 
obligated or expended for operation or support of installations or 
equipment used for research and development (including mainte-
nance support of laboratories, operation and maintenance of test 
ranges, and maintenance of test aircraft and ships) in compliance 
with the implementing instructions for and the provisions of such 
Office of Management and Budget Circular. 
(c) No law enacted after the date of the enactment of this Act shall 
be held, considered, or construed as amending, superseding, or 
otherwise modifying any provision of this section unless such law 
does so by specifically and explicitly amending, repealing, or super-
seding this section. 
AMENDMENTS RELATING TO THE UNIFORMED SERVICES UNIVERSITY OF 
THE HEALTH SCIENCES 
SEC. 803. (a) Section 2112(b) of title 10, United States Code, is 
amended by adding at the end thereof the following new sentence: 
"In so prescribing the number of persons to be graduated from the 
University, the Secretary of Defense shall, upon recommendation of 
the Board of Regents, institute actions necessary to ensure the 
maximum number of first-year enrollments in the University consist-
93 STAT. 812 
PUBLIC LAW 96-107—NOV. 9, 1979 
ent with the academic capacity of the University and the needs of the 
uniformed services for medical personnel.". 
1
0 use 2114. 
(b) Section 2114(b) of such title is amended by striking out "uni-
form" in the first sentence of such section and inserting in lieu 
thereof "uniformed". 
1
0 use 2115. 
(cXD The first two sentences of section 2115 of such title are 
amended to read as follows: "The Secretary of Defense may allow not 
more than 20 percent of the graduates of each class at the University 
to perform civilian Federal service for not less than seven years 
following the completion of their professional education in lieu of 
active duty in a uniformed service if the needs of the uniformed 
services do not require that such graduates perform active duty in a 
uniformed service and as long as the Secretary of Defense does not 
recall such persons to active duty in the uniformed services. Such 
persons who execute an agreement in writing to perform such 
civilian Federal service may be released from active duty following 
the completion of their professional education.". 
(2) The section heading of such section is amended to read as 
follows: 
"§2115. Graduates: limitation on number permitted to perform 
civilian Federal service". 
(3) The item relating to section 2115 in the table of sections at the 
beginning of chapter 104 of such title is amended to read as follows: 
"2115. Graduates: limitation on number permitted to perform civilian Federal 
service.". 
AMENDMENTS RELATING TO COMPENSATION OF HEALTH PROFESSIONALS 
SEC. 804. (a) Section 2121(d) of title 10, United States Code, relating 
to stipends for members of the Armed Forces Health Professions 
Scholarship program, is amended to read as follows: 
"(d) Except when serving on active duty pursuant to subsection (c), 
a member of the program shall be entitled to a stipend at the rate in 
effect under paragraph (IXB) of section 751(g) of the Public Health 
Service Act (42 U.S.C. 294t(g)) for students in the National Health 
Service Corps Scholarship program.". 
(b) Section 313(a) of title 37, United States Code, relating to special 
pay for medical officers who execute active duty agreements, is 
amended— 
(1) by striking out clause (4) and redesignating clauses (5) and 
(6) as clauses (4) and (5), respectively; and 
(2) by inserting after the first sentence of such subsection the 
following new sentence: "However, while serving an active duty 
obligation resulting from a medical education program leading to 
appointment or designation as a medical officer, such an officer 
shall be paid $9,000 (rather than an amount determined under 
the preceding sentence) for each year of the active duty 
agreement.". 
Effective date. 
(c) The amendments made by this section shall take effect on 
1
0 use 2121 
October 1,1979. 
note. 
SIX-YEAR SERVICE OBUGATION FOR PERSONS ENUSTING AFTER AGE 26 
SEC. 805. (a) Section 511(d) of title 10, United States Code, is 
amended— 
(1) by striking out "who is under 26 years of age,"; and 
(2) by striking out the comma after "in an armed force". 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 813 
(b) Section 651 of such title is amended by striking out "before his lo use 651. 
twenty-sixth birthday". 
(c) The amendments made by this section shall apply only to l
O use 511 note. 
individuals who become members of an Armed Force after the date of 
the enactment of 
this Act. 
RESTRICTION ON CONVERTING PERFORMANCE OF COMMERCIAL AND IN-
DUSTRIAL TYPE FUNCTIONS FROM DEPARTMENT OF DEFENSE PERSON-
NEL TO PRIVATE CONTRACTORS 
SEC. 806. (a) During fiscal year 1980, no commercial or industrial 
type function of the Department of Defense that on the date of the 
enactment of this Act is being performed by Department of Defense 
personnel may be converted to performance by a private contractor— 
(1) to circumvent any civilian personnel ceiling; and 
(2) unless the Secretary of Defense shall provide to the Con-
gress in a timely manner— 
(A) notification of any decision to study such commercial 
or industrial type function for possible performance by a 
private contractor, together with a certification that the 
government in-house cost calculation for the function is 
based on an estimate of the most efficient and cost effective 
organization for in-house performance; 
(B) if a decision is made to convert to contract perform-
ance, upon completing the study described in subparagraph 
(A) and before contracting for the performance of such 
function by a private contractor, a report showing— 
(i) the potential economic effect on employees affected, 
and the potential economic effect on the local commu-
nity and Federal Government if more than 50 employees 
are involved, of contracting for performance of such 
function; 
(ii) the effect of contracting for performance of such 
function on the military mission of such function; and 
(iii) the amount of the bid accepted for the perform-
ance of such function by the private contractor whose 
bid is accepted and the cost of performance of such 
function by Department of Defense personnel, together 
with costs and expenditures which the Government will 
incur because of 
the contract. 
(h) The Secretary of Defense shall submit a written report to the 
Congress by February 1, 1980, describing the extent to which com-
mercial and industrial type functions were performed by Department 
of Defense contractors during fiscal year 1979. The Secretary shall 
also include in such report an estimate of the percentage of commer-
cial and industrial type functions of the Department of Defense that 
will be performed by Department of Defense personnel and the 
percentage of such functions that will be performed by private 
contractors during 
fiscal 
year 1980. 
10 u s e 2304 
note. 
Notification and 
certification to 
Congress. 
Report to 
Congress. 
Report to 
Congress. 
ADVANCE PAYMENT OF STATION HOUSING ALLOWANCES FOR MEMBERS 
OF THE UNIFORMED SERVICES ASSIGNED OVERSEAS 
SEC 807. (a) Section 405 of title 37, United States Code, relating to 
allowances for members on duty outside the United States or in 
Alaska or Hawaii, is amended by inserting after the third sentence in 
such section the following new sentence: "A station housing allow-
ance prescribed under this section may be paid in advance.". 
93 STAT. 814 
PUBLIC LAW 96-107-NOV. 9, 1979 
Wf?^n^A^r^^\ 
(b) The amendment made by subsection (a) shall take effect on 
3
7 use 405 note. Qctober 1,1979. 
ANNUAL REPORT ON NATO READINESS 
Report to 
ggc. 808. (a) Each year the Secretary of Defense shall assess, and 
coStteer 
make findings with respect to, the readiness status of the military 
1
0 use 131 note, forces of the North Atlantic Treaty Organization and shall submit a 
report of such assessment and findings to the Committees on Armed 
Services and on Appropriations of the Senate and House of Repre-
sentatives on the same date that the President transmits to the 
Congress the Budget. The first such report shall be submitted on the 
date the Budget for fiscal year 1981 is transmitted. 
(b) The annual assessment by the Secretary of Defense under 
subsection (a) shall include the assessment and findings of the 
Secretary of Defense with respect to— 
(1) deficiencies in the readiness of the North Atlantic Treaty 
Organization (including an analysis of such deficiencies in each 
member nation of the North Atlantic Treaty Organization) with 
respect to— 
(A) war reserve stocks; 
(B) command, control, and communications systems 
(including the susceptibility of such systems to degradation 
by potential overt activities of 
the Warsaw Pact); 
(C) electronic warfare capabilities; 
(D) offensive and defensive chemical warfare capabilities; 
(E) air defense capabilities (including ground and air 
systems and the integration of ground systems with air 
systems); 
(F) armor and anti-armor capabilities; 
(G) 
firepower 
capabilities; 
(H) forward deployed units and the proximity of such units 
to assigned general defensive positions; 
(I) the availability of ammunition; 
(J) the availability, responsiveness, and overall effective-
ness of reserve forces; 
(K) airlift capabilities to meet reinforcement and resupply 
requirements; 
(L) the ability to protect, cross-service, and stage air assets 
from allied air fields; 
(M) the maritime force capabilities (including sealift, 
minelaying, and minesweeping capabilities); 
(N) logistical support arrangements (including the avail-
ability of ports, air fields, transportation, and host nation 
support); 
(O) training (including the availability of the facilities and 
equipment needed to conduct realistic operational exercises); 
and 
(P) the compatibility of operational doctrine and proce-
dures among armed forces of the member nations; 
(2) planned corrections in the identified readiness deficiencies 
of the United States with respect to the North Atlantic Treaty 
Organization and that portion of the Budget transmitted to the 
Congress by the President on the date such report is transmitted 
which is allocated for such corrections; and 
(3) commitments made by other member nations of the North 
Atlantic Treaty Organization to correct readiness deficiencies of 
such nations (including any deficiencies of such nations in the 
items listed in paragraph (1)) and an identification of particular 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 815 
improvements to be made in readiness by weapons system, 
program, or activity. 
QUARTERLY SELECTED ACQUISITION REPORTS TO CONGRESS 
SEC. 809. Section 811(a) of the Department of Defense Appropri- lo use 1
3
9 note. 
ation Authorization Act, 1976 (Public Law 94-106; 89 Stat. 539) is 
amended to read £is follows: 
"(a) Beginning with the quarter ending December 31, 1979, the Reports to 
Secretary of Defense shall submit quarterly to the Congress written lo uscf 
1
3
9 note 
selected acquisition reports for those major defense systems which 
are estimated to require a total cumulative financing for research, 
development, test, and evaluation in excess of $75,000,000 or a 
cumulative production investment in excess of $300,000,000. The 
report for the quarter ending on December 31 of any fiscal year shall 
be submitted within 20 days after the President transmits the Budget 
to the Congress for the following fiscal year, and the reports for the 
other three quarters of any fiscal year shall be submitted within 30 
days after the end of the quarter. If a preliminary report is submitted 
for any quarter, then the final report for such quarter shall be 
submitted to the Congress within 15 days after the submission of such 
preliminary report.". 
AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE FOR 1980 
OLYMPIC WINTER GAMES 
SEC. 810. There is authorized to be appropriated to the Secretary of 
Defense for fiscal year 1980 an amount not to exceed $10,000,000 for 
the purpose of providing assistance for the 1980 Olympic winter 
games, as authorized by section 816(a) of the Department of Defense 
Appropriation Authorization Act, 1979 (Public Law 95-485; 92 Stat. 
1626). Except for funds used for pay and nontravel related allowances 
of members of the Armed Forces, no funds may be obligated or 
expended for the purpose of carrying out such section unless specifi-
cally appropriated for such purpose. The costs for pay and nontravel 
related allowances of members of the Armed Forces may not be 
charged to appropriations made pursuant to this authorization. 
PRESIDENTIAL RECOMMENDATIONS FOR SELECTIVE SERVICE REFORM 
SEC. 811. (a) The President shall prepare and transmit to the Plan, 
Congress a plan for a fair and equitable reform of the existing law ^^^^^g*^^ *° 
providing for registration and induction of persons for training and 50 i^cfapp. 451 
service in the Armed Forces. Such plan shall include recommenda- note. 
tions with respect to— 
(1) the desirability and feasibility of resuming registration 
under the Military Selective Service Act as in existence on the 
date of 
the enactment of this Act; 
(2) the desirability and feasibility of establishing a method of 
automatically registering persons under the Military Selective 
Service Act through a centralized, automated system using 
existing records, together with a discussion of the impact of such 
method, or of alternative methods of establishing such a registra-
tion system, on privacy rights under the Constitution and under 
statutes protecting such rights (including section 552a of title 5, 
United States Code, commonly referred to as the "Privacy Act") 
and any proposal for reform of such Privacy Act or other 
statutes, relevant court decisions relating to Selective Service 
93 STAT. 816 
PUBLIC LAW 96-107—NOV. 9, 1979 
Legislative 
proposals, 
transmittal to 
Congress. 
procedures, and the impact of such alternative methods on other 
constitutional issues; 
(3) the desirability of the enactment of authority for the 
President to induct persons registered under such Act for train-
ing and service in the Armea Forces during any period with 
respect to which the President determines that such authority is 
required in the interest of the national defense; 
(4) whether women should be subject to registration under 
such Act and to induction for training and service in the Armed 
Forces under such Act; 
(5) the desirability and feasibility of 
providing authority for the 
President to induct persons into the Individual Ready Reserve; 
(6) whether persons registered under such Act shoiud also be 
immediately classified and examined or whether classification 
and examination of registrants should be subject to the discre-
tion of 
the President; 
(7) such changes in the organization and operation of the 
Selective Service System as the President determines are neces-
sary to enable the Selective Service System to meet the personnel 
requirements of the Armed Forces during a mobilization in a 
more efficient and expeditious manner than is presently 
possible; 
(8) the desirability, in the interest of preserving discipline and 
morale in the Armed Forces, of establishing a national youth 
service program permitting volunteer work, for either public or 
private public service agencies, as an alternative to military 
service; 
(9) such other changes in existing law relating to registration, 
classification, selection, and induction as the President considers 
appropriate; and 
(10) other possible procedures that could be established to 
enable the Armed Forces to meet their personnel requirements. 
(b) The President shall transmit with the plan required by subsec-
tion (a) proposals for such legislation as may be necessary to imple-
ment the plan and to revise and modernize the Military Selective 
Service Act. 
(c) The plan required by subsection (a), together with the proposed 
legislation required by subsection (b), shall be transmitted to the 
Congress not later than January 15, 1980, or the end of the three-
month period beginning on the date of the enactment of this Act, 
whichever is later. 
PRESERVATION OF SELECTIVE SERVICE SYSTEM AS AN INDEPENDENT 
AGENCY 
SEC. 812. Section 1 of the Military Selective Service Act (50 U.S.C. 
App. 451) is amended by adding at the end thereof the following new 
subsection: 
"(f) The Congress further declares that the Selective Service 
System should remain administratively independent of any other 
agency, including the Department of Defense.". 
Report to 
congressional 
committees. 
STUDY OF TITAN II MISSILE SYSTEMS 
SEC. 813. The Secretary of the Air Force shall conduct an investiga-
tion of Titan II missile systems located within the United States to 
assess the physical condition of those facilities and components 
thereof as well as relevant maintenance procedures. Not later than 
180 days after the date of the enactment of this Act, the findings of 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 817 
that investigation, along with recommendations for any needed 
I)hysical or procedural improvements to protect the public safety 
(including the safety of military personnel assimed to those systems) 
shall be reported to the Committees on Armed Services of the Senate 
and House of Representatives. 
UMITATION ON OVERSEAS TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR DEPENDENTS 
SEC. 814. Section 406 of title 37, United States Code, relating to 
travel and transportation allowances for dependents, is amended— 
(1) by strilang out "A" at the beginning of subsection (a) of such 
section and inserting in lieu thereof "Except as provided in 
subsection (i) of this section, a"; 
(2) by striking out "In" at the beginning of subsection (h) of 
such section and inserting in lieu thereof "Except as provided in 
subsection (i) of this section, in"; and 
(3) by adding at the end of such section the following new 
subsection: 
"(i)(l) After September 30, 1980, and except as provided in para-
graph (3) of this subsection, the allowance and transportation author-
ized by subsection (a) and subsection (h) of this section for travel and 
transportation of dependents may not be provided with respect to 
travel and transportation of any dependent of a member of the Army, 
Navy, Air Force, or Marine Corps from any place inside the United 
States to any place outside the United States, or from any place 
outside the United States to any place inside the United States, 
during any period in which the number of dependents accompanying 
members of the Army, Navy, Air Force, and Marine Corps who are 
stationed outside the United States and who are authorized by the 
Secretary concerned to receive such allowance or transportation for 
dependents exceeds 325,000. 
(2)(A) The Secretary of Defense shall allocate among the three 
military departments the limitation established by paragraph (1) 
with respect to the total number of dependents who may be accompa-
nying members of the Army, Navy, Air Force, and Marine Corps 
stationed overseas who are entitled under subsection (a) or (h) to 
travel and transportation for dependents before the allowance for 
such travel and transportation is suspended under such paragraph. 
"(B) The Secretary of each military department, in his discretion, 
shall administer the limitation on the number of dependents who 
may be provided travel and transportation under subsections (a) and 
(h) allocated to his military department under subparagraph (A) in 
such manner as the Secretary considers to be fair and in the best 
interest of the United States. 
"(3) Paragraph (1) does not prohibit the provision of travel and 
transportation under subsection (a) or subsection (h) of this section 
for travel and transportation of dependents from a place outside the 
United States to a place inside the United States if the travel and 
transportation of such dependents to such place outside the United 
States was authorized under subsection (a) or subsection (h) of this 
section at the time of the travel and transportation of such depend-
ents to such place outside the United States.". 
PURCHASES OP GASOHOL AS A FUEL FOR MOTOR VEHICLES 
SEC. 815. To the maximum extent feasible and consistent with lo use 2388 
overall defense needs and sound vehicle management practices, as "
°
^
® 
determined by the Secretary of Defense, the Department of Defense is 
59-194 O — 81 
54 : QL3 
93 STAT. 818 
PUBLIC LAW 96-107—NOV. 9, 1979 
authorized and directed to enter into contracts by competitive bid, 
subject to appropriations, for the purchase of domestically produced 
alcohol or alcohol-gasoline blends containing at least 10 percent 
domestically produced alcohol for use in motor vehicles owned or 
operated by the Department of Defense. 
EXTENSION OP PERIOD FOR CERTAIN RESERVISTS TO ELECT COVERAGE 
UNDER SURVIVOR BENEFIT PLAN 
SEC. 816. Section 208 of the Uniformed Services Survivors' Benefits 
Amendments of 1978 (Public Law 95-397; 10 U.S.C. 1447 note) is 
amended— 
(1) by striking out "the end of the nine-month period beginning 
on the effective date of this title" and inserting in lieu thereof 
"January 1,1980"; and 
(2) by striking out "at the end of the one-year period beginning 
on the effective date of this title" and inserting in lieu thereof 
"on March 31,1980". 
EXTENSION OF PERIOD FOR REDUCTION IN NUMBER OF SENIOR-GRADE 
CIVIUAN EMPLOYEES OF DEPARTMENT OF DEFENSE 
SEC. 817. Paragraphs (1) and (2) of section 811(a) of the Department 
of Defense Appropriation Authorization Act, 1978 (10 U.S.C. 131 
note), are amended to read as follows: 
"(1) After October 1, 1980, the total number of commissioned 
officers on active duty in the Army, Air Force, and Marine Corps 
above the grade of colonel, and on active duty in the Navy above the 
grade of captain, may not exceed 1,073. 
"(2) After September 30,1981, the total number of civilian employ-
5 use 5332 note, ges of the Department of Defense in grades GS-13 through GS-18 
(including positions authorized under section 1581 of title 10, United 
States Code) may not exceed the number equal to the number of such 
employees employed by the Department of Defense on July 30,1977, 
reduced by the same percentage as the percentage by which the total 
number of commissioned officers on active duty in the Army, Air 
Force, and Marine Corps above the grade of colonel, and on active 
duty in the Navy above the grade of captain, is reduced below 1,141 
during the period beginning on October 1, 1977, and ending on 
September 30,1980.". 
SENSE OF CONGRESS CONCERNING IMPORTATION OF STRATEGIC AND 
CRITICAL MATERIALS FROM ZIMBABWE-RHODESIA 
22 use 287c 
SEC. 818. It is the sense of the Congress that the United States 
^°^- 
should have unlimited access to strategic and critical materials which 
are vital to the defense and security of the United States and that 
every effort should be made to remove artificial impediments against 
the importation of such materials into the United States from 
Zimbabwe-Rhodesia. 
REPORTING REQUIREMENT REGARDING SALARIES OF OFFICERS OF 
FEDERAL CONTRACT RESEARCH CENTERS 
SEC. 819. (a)(1) Chapter 139 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
1
0 use 2359. 
"§2359. Salaries of officers of Federal contract research centers: 
reports to Congress 
"The Secretary of Defense shall notify the Congress not later than 
January 31 of each year of any officer or employee of a Federal 
PUBLIC LAW 96-107—NOV. 9, 1979 
93 STAT. 819 
contract research center the amount of whose compensation paid out 
of Federal funds during the preceding calendar year exceeded the 
annual rate of basic pay authorized (without regard to any limitation 
on the payment of such pay) for level II of the Executive Schedule 
under section 5313 of title 5 on the last day of such year. Such 
notification shall include a detailed statement of the reasons for the 
payment of such amount of compensation to each such officer or 
employee.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"2359. Salaries of officers of Federal contract research centers: reports to 
Congress.". 
(b) The first notification under section 2359 of title 10, United lo use 2359 
States Code, as added by subsection (a), shall be made not later than "
°
*
®
-
January 31,1980. 
(c) Section 407 of Public Law 91-121 (83 Stat. 208; 10 U.S.C. 2358 Repeal. 
note) is repealed. 
iote ^^ ^^^^ 
TECHNICAL AMENDMENTS TO TFTLES 5 AND 10, UNITED STATES CODE, TO 
REFLECT CHANGES MADE BY THE DEPARTMENT OF DEFENSE REORGA-
NIZATION ORDER OF MARCH 7, 1978 
SEC. 820. (a) Section 136(a) of title 10, United States Code, relating 
to the Assistant Secretaries of Defense, is amended by striking out 
"nine" and inserting in lieu thereof "seven". 
(b) Section 3013 of such title, relating to the Under Secretary and lo use 30i3. 
Assistant Secretaries of the Army, is amended by striking out "five" 
and inserting in lieu thereof "four". 
(c) Section 5034(a) of such title, relating to the Assistant Secretaries lo use 5034. 
of the Navy, is amended by striking out "four" and inserting in lieu 
thereof "three". 
(d) Section 8013 of such title, relating to the Under Secretary and lo use 8013. 
Assistant Secretaries of the Air Force, is amended by striking out 
"four" and inserting in lieu thereof "three". 
(eXl) Paragraphs (13), (14), (15), and (16) of section 5315 of title 5, 
United States Code, relating to positions at level IV of the Executive 
Schedule, are amended to read as follows: 
"(13) Assistant Secretaries of Defense (7). 
"(14) Assistant Secretaries of the Air Force (3). 
"(15) Assistant Secretaries of the Army (4). 
"(16) Assistant Secretaries of the Navy (3).". 
(2) Paragraph (96) of section 5316 of such title, relating to positions 5 use 5
3
X
6
. 
at level V of the Executive Schedule, is amended to read as follows: 
"(96) Deputy Under Secretaries of Defense for Research and 
Engineering, Department of Defense (4).". 
93 STAT. 820 
PUBLIC LAW 96-107—NOV. 9, 1979 
CORRECTION OF ERRONEOUS SECTION DESIGNATION 
SEC. 821. (a) The last section in chapter 49 of title 10, United States 
Code, relating to military unions (as added by Public Law 95-610; 92 
1
0 use 976. 
Stat. 3085), is redesignated as section 976. 
O
b
) The item relating to such section in the table of sections at the 
beginning of such chapter is amended by striking out "975" and 
inserting in lieu thereof "976". 
Approved November 9, 1979. 
LEGISLATIVE HISTORY: 
. 
HOUSE REPORTS: No. 96-166 accompanying H.R. 4040 (Comm. on Armed Services) 
and Nos. 96-521 and 96-546 (Comm. of Conference). 
SENATE REPORTS: No. 96-197 (Comm. on Armed Services) and No. 96-371 (Comm. 
of Conference). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 11-13, considered and passed Senate. 
Sept. 12-14, H.R. 4040, considered and passed House; passage vacated and 
S. 428, amended, passed in lieu. 
Oct. 24, Senate agreed to conference report. 
Oct. 26, House agreed to conference report.