An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes.
PL 94-419 (H.R.14262), enacted 09/22/1976

PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1279 
Public Law 94-419 
94th Congress 
An Act 
Making appropriations for the Department of Defense for tlie fiscal year ending 
September 30,1977, and for other purposes. 
Be it enacted hy the Seriate 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, 1977, for 
military functions administered by the Department of Defense, and 
for other purposes, namely: 
T I T L E I 
M I L I T A R Y P E R S O N N E L 
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 tem-
porary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components pro-
vided for elsewhere); $8,564,011,000. 
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; $6,002,268,000. 
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 tem-
porary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve pro-
vided for elsewhere); $1,854,334,000. 
MILITARY PERSONNEL, A I R FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 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; $7,136,706,000. 
Sept. 22, 1976 
[H.R. 14262] 
Department of 
Defense 
Appropriation 
Act, 1977. 
90 STAT. 1280 
PUBLIC LAW 94-419—SEPT. 22, 1976 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3019, and 3033 of title 10, United States Code, or 
while undergoing reserve training or w^hile performing drills or equiv-
alent duty, and for members of the Reserve Officers' Training Corps, 
as authorized by law; $469,919,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Naval Reserve on active duty 
under section 265 of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty, and 
for members of the Reserve Officers' Training Corps, as authorized by 
law; $215,010,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 265 of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent duty, 
and for members of the Marine Corps platoon leaders class, as 
authorized by law; $78,173,000. 
RESERVE PERSONNEL, A I R FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the iVir 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 equiv-
alent duty, and for members of the Air Reserve Officers' Training 
Corps, as authorized by law; $163,807,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while 
on duty under sections 265, 3033, or 3496 of title 10 or section 708 
of title 32, United States Code, or while undergoing training, or 
while performing drills or equivalent duty, as authorized by law; 
$714,665,000. 
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 w^hile undergoing training, or while perform-
ing drills or equivalent duty, as authorized by law; $219,515,000. 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1281 
T I T L E I I 
E E T I R E D M I L I T A E Y P E R S O N N E L 
RETIRED P A T , DEFENSE 
For retired pay and retirement pay, as authorized by law, of military 
personnel on the retired lists of the Army, Navy, Marine Corps, and 
the Air Force, including the reserve components thereof, retainer 
pay for personnel of the Inactive Fleet Reserve, and payments under 
section 4 of Public Law 92-425 and chapter 73 of title 10, United 10 USC 1448 
States Code; $8,381,700,000. 
note. 
' 
' 
' 
' 
10 USC 1431 et 
T I T L E I I I 
""9 
O P E R A T I O N AND M A I N T E N A N C E 
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 $2,929,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes; $7,898,285,000, of which not less 
than $480,000,000 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 $4,462,000 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; 
$9,565,164,000, of which not less than $243,000,000 shall be available 
only for the maintenance of real property facilities: Provided, 
That 
of the total amount of this appropriation made available for the altera-
tion, overhaul, and repair of naval vessels, not more than $1,733,085,000 
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. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance of the Marine Corps, as authorized by law; 
$569,288,000, of which not less than $74,000,000 shall be available only 
for the maintenance of real property facilities. 
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 
90 STAT. 1282 
PUBLIC LAW 94-419—SEPT. 22, 1976 
to exceed $2,393,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $8,107,077,000, of which 
not less than $380,000,000 shall be available only for the maintenance 
of real property facilities. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
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; as follows: for the Sec-
retary of Defense activities, $897,130,000, of which $581,830,000 shall 
be available only for the Civilian Health and Medical Program of the 
Uniformed Services, and $242,800,000 shall be available only for 
Overseas Dependents Education; for the organization of the Joint 
Chiefs of Staff, $13,100,000; for the Office of Information for the 
Armed Forces, $17,600,000; for the Defense Contract Audit Agency, 
$72,500,000; for the Defense Investigative Service, $28,000,000; for 
the Defense Mapping Agency, $198,400,000; for the Defense Nuclear 
Agency, $24,500,000; for the Uniformed Services LTniversity of the 
Health 
Sciences, $5,600,000; for 
the Defense 
Supply 
Agency, 
$839,800,000; and for intelligence and communications activities, 
$622.270,000; in all: $2,718,900,000: Provided, That of the total amount 
of this appropriation, not to exceed $8,384,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of Defense, and payments may be 
made on his certificate of necessity for confidential military purposes: 
Provided further, That not less than $30,000,000 of the total amount of 
this appropriation shall be available only for the maintenance of real 
Transfers, notice 
property facilities: Provided 
further. 
That the Secretary of Defense 
to Congress. 
may transfer up to 3 per centum of the amount of any subdivision of 
this appropriation to any other subdivision of this appropriation, 
but no subdivision may thereby be increased by more than 5 per centum 
and the Secretary of Defense shall notify the Congress promptly of all 
transfers made pursuant to this authority. 
OPERATION AND MAINTENANCE, A R M Y 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; $356,100,000, of which not less than 
$22,800,000 shall be available only for the maintenance of real property 
facilities. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance, including training, organization, and adminis-
tration, of the Navy Reserve; repair of facilities and equipment; hire 
of pas<5enger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; 
and communications; $288,000,000, of which not less than $13,500,000 
shall be available only for the maintenance of real property facilities. 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1283 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the operation 
and maintenance, including training, organization, and administra-
tion, of the Marine Corps Reserve; repair of facilities and equip-
ment ; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $14,800,000, of which not less than 
$500,000 shall be available only for the maintenance of real property 
facilities. 
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 admin-
istration, 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; $350,700,000, of which not less than 
$8,000,000 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; per-
sonnel 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 Armv National Guard as author-
ized by law; and expenses of repair, modification, maintenance, and 
issue of supplies and equipment (including aircraft); $706,200,000, of 
^ 
which not less than $15,800,000 shall be available only for the mainte-
nance 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, opera-
tion, and modification of aircraft; transportation of things; hire of 
passenger motor vehicles; supplies, materials, and equipment, as 
authorized by law for the Air National Guard; and expenses incident 
to the maintenance and use of supplies, materials, and equipment, 
including such as may be furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other than 
mileage) on the same basis as authorized by law for Air National 
Guard personnel on active Federal duty, for Air National Guard 
commanders while inspecting units in compliance with National 
Guard regulations when specifically authorized by the Chief, National 
Guard Bureau; $774,600,000, of which not less than $8,800,000 shall 
be available only for the maintenance of real property facilities. 
90 STAT. 1284 
PUBLIC LAW 94-419—SEPT. 22, 1976 
A R M Y STOCK F U N D 
For the Army stock fund, $100,000,000. 
NAVY STOCK F U N D 
For the Navy stock fund, $32,000,000. 
MARINE CORPS STOCK F U N D 
For the Marine Corps stock fund, $6,200,000. 
A I R FORCE STOCK F U N D 
For the Air Force stock fund, $58,800,000. 
DEFENSE STOCK F U N D 
For the Defense Agencies stock fund, $22,800,000. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses, in accordance with law, for construc-
tion, 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; $291,000, 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. 
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 erro-
neously collected from military and civilian personnel of the Depart-
ment of Defense, or from States, territories, or the District of 
Columbia, or members of the National 
Guard 
units 
thereof; 
$82,500,000. 
CONTINGENCIES, DEFENSE 
For emergency and extraordinary expenses arising in the Depart-
ment of Defense, to be expended on the approval or authority of the 
Secretar;y^ 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 United States Court of 
Military Appeals; $1,239,000. 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1285 
! 
f 
T I T L E IV 
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 ordnance, 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 construc-
tion 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 foregoing 
purposes; $541,900,000, to remain available for obligation until Sep-
tember 30, 1979. 
MISSILE PROCUREMENT, 
ARMY 
For construction, procurement, production, modification, and mod-
ernization of missiles, equipment, including ordnance, 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 construc-
tion 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 ; $497,400,000, to remain available for obligation until September 
30, 1979. 
PROCUREMENT or 
WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and train-
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 interest 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title as required by section 355, Revised Statutes, as 
amended; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,089,800,000, and in 
addition $27,800,000 which shall be derived by transfer from "Pro-
curement of Weapons and Tracked Combat Vehicles, Army, eTuly 1, 
1976/1978", to remain available for obligation until September 30, 
90 STAT. 1286 
PUBLIC LAW 94-419—SEPT. 22, 1976 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts, and the land necessary therefor, without regard to section 
4774, title 10, United States Code, for the foregoing purposes, and 
such lands and interest therein, may be acquired, and construction 
prosecuted thereon prior to approval of title as required by section 
40 use 255. 
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 ; $902,900,000, to remain available for obligation until September 
30,1979. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat vehicles; 
the purchase of not to exceed two thousand seven hundred and sixty-
five passenger motor vehicles for replacement only; communications 
and electronic equipment; other support equipment; spare parts, ord-
nance and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including the land 
necessary therefor, without regard to section 4774, title 10, United 
States Code, for the foregoing purposes, and such lands and interest 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title as required by section 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; $1,366,600,000, to 
remain available for obligation until September 30, 1979. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment including ordnance, spare parts, 
and accessories therefor; specialized equipment, expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction prose-
cuted thereon prior to approval of title as required by section 355, 
Revised Statutes, as amended; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment lay-
away; $2,843,500,000, to remain available for obligation until Septem-
ber 30,1979. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, 
and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may 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 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1287 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $2,022,200,000, to remain available for obligation 
until September 30, 1979. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or conver-
sion of vessels as authorized by law, including; armor and armament 
thereof, plant equipment, appliances, and machine tools and installa-
tion thereof in public and private plants; reserve plant and Govern-
ment 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, 
40 USC 255. 
$791,500,000; for the 88^-688 nuclear attack submarine program, 
$958,700,000; for the CG-26 IT.S.S. Belknap conversion program, 
$213,000,000; for the CVIS" nuclear attack aircraft carrier program, 
$350,000,000; for the U.S.S. Long Beach conversion 
program, 
$371,000,000; 
for 
the 
F F G 
guided 
missile 
frigate 
program, 
$1,179,500,000; for the AD destroyer tender program, $260,400,000; 
for the AS submarine tender program, $260,900,000; for the AO fleet 
oiler program, $102,300,000; for service craft, outfitting, post delivery, 
cost growth, and escalation on prior year programs, $1,707,700,000, in 
all: $6,195,000,000, to remain available for obligation until Septem-
ber 30,1981: 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 pro-
vided 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 
authorized for conversion), purchase of not to exceed nine hundred 
and forty-nine passenger motor vehicles for replacement only; expan-
sion of public and private plants, including the land necessary there-
for, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title as required 
by section 355, Revised Statutes, as amended; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $2,173,400,000, to remain available for obliga-
tion until September 30,1979. 
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 pulalic and private j)lants; 
reserve plant and Government and contractor-owned equipment lay-
away ; and vehicles for the Marine Corps, including purchase of not to 
90 STAT. 1288 
PUBLIC LAW 94-419—SEPT. 22, 1976 
' 
exceed one hundred and fifty-four passenger motor vehicles for 
replacement only; $328,400,000, to remain available for obligation 
until September 30, 1979. 
AiRCRArr PROCUREMENT, A I R FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground 
handling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land without regard 
to section 9774 of title 10, United States Code, for the foregoing pur-
poses, and such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to the approval of title as required 
40 use 255. 
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; $6,067,700,000, and in addition, $21,500,000, of which 
$8,600,000 shall be derived by transfer from "Aircraft Procurement, 
Air Force, 1976/1978", and $12,900,000 which shall be derived by trans-
V 
fer from "Aircraft Procurement, Air Force, July 1, 1976/1978", to 
remain available for obligation until September 30, 1979. Until Feb-
ruary 1, 1977, the obligation of funds appropriated in this Act for 
the procurement of the B-1 bomber shall be limited to a cumulative 
rate of not to exceed $87,000,000 per month. 
MISSILE PROCUREMENT, AIR FORCE 
(INCLUDING T R A N S F E R OF FUNDS) 
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 pub-
lic and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land 
without regard to section 9774 of title 10, United States Code, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to the approval of 
title as required by section 355, Revised Statutes, as amended; reserve 
plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes including rents 
and transportation of things; $1,827,700,000, and in addition, 
$33,300,000, which shall be derived by transfer from "Missile Procure-
ment, Air Force, 1976/1978", to remain available for obligation until 
September 30, 1979. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic 
and communication equipment), and supplies, materials, and spare 
parts therefor, not otherwise provided for; the purchase of not to 
exceed one thousand two hundred and fifteen passenger motor vehicles 
of which one thousand one hundred and ninety-four shall be for 
replacement only; and expansion of public and private plants. Govern-
ment-owned equipment and installation thereof in such plants, erec-
tion of structures, and acquisition of land without regard to section 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1289 
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 40 USC 255. 
and contractor-owned equipment layaway; $2,309,700,000, to remain 
available for obligation until September 30, 1979. 
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; purchase of three hundred and eighty-seven 
passenger motor vehicles for replacement only; expansion of public 
and private plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the foregoing pur-
poses, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to the approval of title as 
required by section 355, Revised Statutes, as amended; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
$250,100,000, to remain available for obligation until September 
30,1979. 
TITLE V 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabilita- 
' 
tion, lease, and operation of facilities and equipment, as authorized 
by law; $2,280,816,000, to remain available for obligation until Septem-
ber 30,1978. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY 
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; $3,722,792,000, to remain available for obligation until Septem-
ber 30,1978. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE 
i 
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; $3,749,530,000, to remain available for obligation until 
September 30,1978. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of Defense 
(other than the military departments and the Defense Civil Prepared-
90 STAT. 1290 
PUBLIC LAW 94-419—SEPT. 22, 1976 
ness Agency), necessary for basic and applied scientific research, 
development, test, and evaluation; advanced research projects as may 
be designated and determined by the Secretary of Defense, pursuant to 
< 
law; maintenance, rehabilitation, lease, and operation of lacilities and 
equipment, as authorized by law; $651,280,000, to remain available for 
obligation until September 30, 1978: Provided^ That such amounts as 
may be determined by the Secretary of Defense to have been made 
available in other appropriations available to the Department of 
Defense during the current fiscal year for programs related to advanced 
research may be transferred to and merged with this appropriation to 
Transfer and 
be available for the same purposes and time period: Provided further, 
merger of funds. 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to carry out the purposes of 
advanced research to those appropriations for military functions under 
the Department of Defense which are being utilized for related pro-
grams to be merged with and to be available for the same time period 
as the appropriation to which transferred. 
DIRECTOR or 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; $30,000,000, to 
remain available for obligation until September 30,1978. 
TITLE VI 
SPECIAL FOREIGN CURRENCY PROGRAM 
For payment in foreign currencies which the Treasury Department 
determines to be excess to the normal requirements of the United 
States for expenses in carrying out programs of the Department of 
Defense, as authorized by law; $3,665,000, to remain available for 
obligation until September 30, 1978: Provided, That this appropria-
tion shall be available in addition to other appropriations to such 
Department, for payments in the foregoing currencies. 
TITLE VII 
Publicity or 
Experts or 
consultants. 
Employment of 
noncitizens. 
31 use 700. 
GENERAL PROVISIONS 
SEC. 701. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 702. 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 station and return as may be authorized by 
law: Provided, That such contracts may be renewed annually. 
SEC. 703. During the current fiscal year, provisions of law prohibit-
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1291 
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. 704. Appropriations contained in this Act shall be available for 
insurance of official motor vehicles in foreign countries, when required 
by laws of such countries; payments in advance of expenses deter-
mined by the investigating officer to be necessary and in accord with 
local custom for conducting investigations in foreign countries incident 
to matters relating to the activities of the department concerned; reim-
bursement of General Services Administration for security guard 
services for protection of confidential files; reimbursement of the Fed-
eral Bureau of Investigation for expenses in connection with investi-
gation of defense contractor personnel; and all necessary expenses, at 
the seat of government of the United States of America or elsewhere, 
in connection with communication and other services and supplies as 
may be necessary to carry out the purposes of this Act. 
SEC. 705. Any appropriation available to the Army, Navy, or the 
Air Force may, under such regulations as the Secretary concerned 
may prescribe, be used for expenses incident to the maintenance, pay, 
and allowances of prisoners of war, other persons in Army, Navy, or 
Air Force custody whose status is determined by the Secretary con-
cerned to be similar to prisoners of war, and persons detained in such 
custody pursuant to Presidential proclamation. 
SEC. 706. Appropriations available to the Department of Defense for 
the current fiscal year for maintenance or construction shall be avail-
able for acquisition of land or interest therein as authorized by sec-
tions 2672 or 2675 of title 10, United States Code. 
SEC. 707. Appropriations for the Department of Defense for the 
current fiscal vear shall be available, (a) except as authorized by the 
Act of September 30, 1950 (20 U.S.C. 236-244), for primary and 
secondary schooling for minor dependents of military and civilian 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 $248,000,000, when the Secretary of the Department 
concerned finds that schools, if any, available in the locality, are unable 
to provide adequately for the education of such dependents: Provided^ 
That under such regulations as may be issued by the Secretary of 
Defense, such schooling in a school operated by the Department of 
Defense under this section may be provided without tuition for minor 
dependents of civilian and military personnel of the Department of 
Defense who died while entitled to compensation or active duty pay: 
Provided, further^ That where such personnel die subsequent to Janu-
ary 11, 1971, such schooling must be continued or commenced within 
one year after the date of death; (b) for expenses in connection with 
administration of occupied areas; (c) for payment of rewards as 
authorized for the Navy by section 7209(a) of title 10, United States 
Code, for information leading to the discovery of missing naval prop-
erty 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 con-
duct of field exercises and maneuvers or, in administering the provi-
sions of title 43, United States Code, section 315q, rentals may be paid 
in advance; (f) payments 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 impor-
tant to national defense in accordance with section 210 of title 23, 
Appropriations, 
availability. 
Prisoners of war. 
31 u s e 649a. 
Land acquisition. 
Dependents' 
schooling. 
Deficiency 
judgments. 
Leasing. 
Tools, 
maintenance. 
Access roads. 
90 STAT. 1292 
PUBLIC LAW 94-419—SEPT. 22, 1976 
22 use 2385. 
Incidental 
expenses, 
payment. 
10 use 858 note. 
Milk program. 
United States Code; (h) for the purchase of milk for enlisted person-
nel of the Department of Defense heretofore made available pursuant 
to section 1446a, title 7, United States Code, and the cost of milk so pur-
chased, as determined by the Secretary of Defense, shall be included 
in the value of the commuted ration; (i) transporting civilian clothing 
to the home of record of selective service inductees and recruits 
on entering the military services; (j) payments under leases for 
real or personal property for twelve months beginning at any time 
during the fiscal year; and (k) pay and allowances of not to exceed 
nine persons, including personnel detailed to International Military 
Headquarters and Organizations, at rates provided for under sec-
tion 625(d) (1) of the Foreign Assistance Act of 1961, as amended. 
SEC. 708. Appropriations for the Department of Defense for the 
current fiscal year shall be available for: (a) donations of not to 
exceed $25 to each prisoner upon each release from confinement in 
military or contract prison and to each person discharged for 
fraudulent enlistment; (b) authorized issues of articles to prisoners, 
applicants for enlistment and persons in military custody; (c) sub-
sistence of selective service registrants called for induction, applicants 
for enlistment, prisoners, civilian employees as authorized by law, 
and supernumeraries when necessitated by emergent military circum-
stances; (d) reimbursement for subsistence of enlisted personnel 
while sick in hospitals; (e) expenses of prisoners confined in non-
military facilities; (f) military courts, boards, and commissions; 
(g) utility services for buildings erected at private cost, as authorized 
by law, and buildings on military reservations authorized by regula-
tions 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 Navy by law (10 U.S.C. 7208) ; (j) expenses of 
apprehension and delivery of deserters, 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 coun-
tries for cryptologic support. 
SEC. 709. Insofar as practicable, the Secretary of Defense shall assist 
American small business to participate equitably in the furnishing 
of commodities and services financed with funds appropriated under 
this Act by making available or causing to be made available to 
suppliers in the United States, and particularly to small independent 
enterprises, information, as far in advance as possible, with respect to 
purchases proposed to be financed with funds appropriated under this 
Act, and by making available or causing to be made available to 
purchasing and contracting agencies of the Department of Defense 
information as to commodities and services produced and furnished 
by small independent enterprises in the United States, and by other-
wise helping to give small business an opportunity to participate in the 
furnishings of commodities and services financed with funds appro-
priated by this Act. 
Mess operations. 
SEC. 710. No appropriation contained in this Act shall be available 
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 
allowance in lieu of subsistence shall be charged at the rate of not less 
10 use 807 note. 
Small business 
assistance. 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1293 
than $2.50 per day: Promded 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: 
Promded further^ That members of organized nonprofit youth groups 
sponsored at either the national or local level, when extended the 
privilege of visiting a military installation and permitted to eat in the 
general mess by the commanding officer of the installation, shall pay 
the commuted ration cost of such meal or meals. 
SEC. 711. 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. 712. Appropriations of the Department of Defense available 
for operation and maintenance may be reimbursed during the current 
fiscal year for all expenses involved in the preparation for disposal 
and for the disposal of military supplies, equipment, and materiel, 
and for all expenses of production of lumber or timber products pur-
suant 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 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 equip-
ment for new facilities in the continental limits of the United States 
for metal scrap baling or shearing or for melting or sweating alumi-
num scrap unless the Secretary of Defense or an Assistant Secretary 
of Defense designated by him determines, with respect to each facility 
involved, that the operation of such facility is in the national interest. 
SEC. 713. (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, whenever 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 
provisions of Revised Statutes 3732 (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 accord-
ance with the provisions of Revised Statutes 3732 (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 
subsections (b) and (c). 
SEC. 714. 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 transportation outside the United States) and 
maintenance of operating equipment and supplies, and for the actual 
or estimated cost of utilities as may be furnished by the Government 
and of shrinkage, spoilage, and pilferage of merchandise under the 
control of such commissary stores, except as authorized under regu-
lations promulgated by the Secretaries of the military departments 
concerned with the approval of the Secretary of Defense, which regu-
Fiscal year 
limitation. 
Reimbursable 
appropriations. 
Report to 
Congress. 
50 u s e 100a. 
•, *i* 
Funds, 
apportionment 
exemption. 
31 use 665. 
Airborne alert 
expenses. 
Military 
personnel 
increases, 
expenses. 
Report to 
Congress. 
Lommissary 
stores. 
90 STAT. 1294 
PUBLIC LAW 94-419—SEPT. 22, 1976 
Free utilities 
outside U.S. and 
in Alaska. 
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 
Congress and 
Office of 
Management and 
Budget. 
lations shall provide for reimbursement therefor to the appropria-
tions concerned and, notwithstanding any other provision of law, 
shall provide for the adjustment of the sales prices in such commissary 
stores to the extent necessary to furnish sufficient gross revenue from 
sales of commissary stores to make such reimbursement: Provided, 
That under such regulations as may be issued pursuant to this section 
all utilities may be furnished without cost to the commissary stores 
outside the continental United States and in Alaska: 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 other-
wise available at a reasonable distance and a reasonable price in 
satisfactory quality and quantity to the military and civilian 
employees of the Department of Defense. 
SEC. 715. No part of the appropriations in this Act shall be available 
for any expense of operating aircraft under the jurisdiction of the 
armed forces for the purpose of proficiency flying, as defined in Depart-
ment of Defense Directive 1340.4, except in accordance with regula-
tions prescribed by the Secretary of Defense. Such regulations (1) 
may not require such flying except that required to maintain profi-
ciency in anticipation of a member's assignment to combat operations 
and (2) such flying may not be permitted in cases of members who 
have been assigned to a course of instruction of ninety days or more. 
SEC. 716. No part of any appropriation contained in this Act shall 
be available for expense of transporation, packing, crating, temporary 
storage, drayage, and unpacking of household goods and personal 
effects in any one shipment having a net weight in excess of thirteen 
thousand five hundred pounds. 
SEC. 717. Vessels under the jurisdiction of the Department of Com-
merce, the Department of the Army, Department of the Air Force, 
or the Department of the Navy may be transferred or otherwise made 
available without reimbursement to any such agencies upon the request 
of the head of one agency and the approval of the agency having 
jurisdiction of the vessels concerned. 
SEC. 718. Not more than 20 per centum of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year. 
SEC. 719. 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 IJnited 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 
Secretary of Defense shall render to Congress and to the Office of 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1295 
Management and Budget a full report of such property, supplies, 
and commodities received during such quarter. 
SEC. 720. During the current fiscal year, appropriations available 
to the Department of Defense for research and development may be 
used for the purposes of section 2353 of title 10, United States Code, 
and for purposes related to research and development for which 
expenditures are specifically authorized in other appropriations of 
the service concerned. 
SEC. 721. No appropriation contained in this Act shall be available 
for the payment of more than 75 per centum of charges of educational 
institutions for tuition or expenses of off-duty training of military 
personnel, nor for the payment of any part of tuition or expenses 
for such training for commissioned personnel who do not agree to 
remain on active duty for two years after completion of such training. 
SEC. 722. No part of the funds appropriated herein shall be expended 
for the support of any formally enrolled student in basic courses of 
the senior division, Reserve Officers' Training Corps, Avho has not 
executed a certificate of loyalty or loyalty oath in such form as shall 
be prescribed by the Secretary of Defense. 
SEC. 723. No part of any appropriation contained in this Act, except 
for small purchases in amounts not exceedina: $10,000, shall be avail-
able for the procurement of any article of food, clothing, cotton, woven 
silk or w^oven silk blends, spun silk yarn for cartridge cloth, synthetic 
fabric or coated synthetic fabric, or wool (whether in the form of 
fiber or yarn or contained in fabrics, materials, or manufactured 
articles), or specialty metals including stainless steel flatware, not 
grown, reprocessed, reused, or produced in the United States or its 
possessions, except to the extent that the Secretary of the Department 
concerned shall determine that a satisfactory quality and sufficient 
quantity of any articles of food or clothing or any form of cotton, 
woven silk and woven silk blends, spun silk yarn for cartridge cloth, 
synthetic fabric or coated synthetic fabric, wool, or specialty metals 
including stainless steel flatware, grown, reprocessed, reused, or pro-
duced in the United States or its possessions cannot be procured as 
and when needed at United States market prices and except procure-
ments outside the United States in support of combat operations, pro-
curements by vessels in foreign waters, and emergency procurements 
or procurements of perishable foods by establishments located outside 
the United States for the personnel attached thereto: Provided, 
That 
nothing herein shall preclude the procurement of foods manufactured 
or processed in the United States or its possessions: Provided 
further. 
That no funds herein appropriated shall be used for the payment of 
a price differential on contracts hereafter made for the purpose of 
relieving economic dislocations: Provided 
further, 
That none of the 
funds apDropriated in this Act shall be used except that, so far as 
practicable, all contracts shall be awarded on a formally advertised 
competitive bid basis to the lowest responsible bidder. 
SEC. 724. None of the funds appropriated in this Act shall be used 
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 writina:, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at rea-
sonable rates. 
SEC. 725. During the current fiscal year, appropriations of the 
Department of Defense shall be available for reimbursement to the 
United States Postal Service for payment of costs of commercial air 
Research and 
development 
funds. 
Education 
expenses, 
restriction. 
ROTC loyalty 
requirements. 
10 u s e 2103 
note. 
Procurement 
restrictions. 
Service facilities. 
Airmail 
reimbursement. 
aa iQ>i n
TB
n»
-t
OK
90 STAT. 1296 
PUBLIC LAW 94-419—SEPT. 22, 1976 
Furnishings and 
automobiles, 
purchase. 
Uniforms. 
Legislative 
liaison activities. 
Civil reserve air 
fleet. 
Civilian clothing. 
Defense 
contractors' 
advertising costs, 
restrictions. 
New facilities, 
restriction. 
transportation of military mail between the United States and foreign 
countries. 
SEC. 726. 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. 727. 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; 80 Stat._508\. 
SEC. 728. 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 $5,000,000 for fiscal year 1977: Provided, That this 
amount shall be available for apportionment to the Department of 
the Army, the Department of the Navy, the Department of the Air 
Force, and the Office of the Secretary of Defense as determined by 
the Secretary of Defense. 
SEC. 729. Of the funds made available by this Act for the services 
of the Military Airlift Command, $100,000,000 shall be available only 
for procurement of commercial transportation service from carriers 
participating in the civil reserve air fleet program; and the Secretary 
of Defense shall utilize the services of such carriers which qualify as 
small businesses to the fullest extent found practicable: Provided, 
That the Secretary of Defense shall specify in such procurement, per-
formance characteristics for aircraft to be used based upon modem 
aircraft operated by the civil air fleet. 
SEC. 730. 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, unfitness, unsuitability, or otherwise than 
honorably; (2) sentenced by a civil court to confinement in a civil 
prison or interned or discharged as an alien enemy; or (3) discharged 
prior to completion of recruit training under honorable conditions for 
dependency, hardship, minority, disability, or for the convenience of 
the Government. 
SEC. 731. No part of the funds appropriated herein shall be avail-
able for paying the costs of advertising by any defense contractor, 
except advertising for which payment is made from profits, and such 
advertising shall not be considered a part of any defense contract cost. 
The prohibition contained in this section shall not apply with respect 
to advertising conducted by any such contractor, in compliance with 
regulations which shall be promulgated by the Secretary of Defense, 
solely for (1) the recruitment by the contractor of personnel required 
for the performance by the contractor of obligations under a defense 
contract, (2) the procurement of scarce items required by the 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. 
SEC. 732. Funds appropriated in this Act for maintenance and repair 
of facilities and installations shall not be available for acquisition of 
new facilities, or alteration, expansion, extension, or addition of exist-
ing facilities, as defined in Department of Defense Directive 7040.2, 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1297 
dated January 18,1961, in excess of $75,000: Provided^ That the Secre-
tary of Defense may amend or change the said directive during the 
current fiscal year, consistent with the purpose of this section. 
SEC. 733. During the current fiscal year, upon determination by the 
Secretary of Defense that such action is necessary in the national 
interest, he may, with the approval of the Office of Management and 
Budget, transfer not to exceed $750,000,000 of the appropriations or 
funds available to the Department of Defense for military functions 
(except military construction) between such appropriations or funds 
or any subdivision thereof, to be merged with and to be available for 
the same purposes, and for the same time period, as the appropriation 
or fund to which transferred: Provided^ That such authority to trans-
fer may not be used unless for higher priority items, based on 
unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which funds are 
requested has been denied by Congress: Provided further, That the 
Secretary of Defense shall notify the Congress promptly of all trans-
fers made pursuant to this authority. 
SEC. 734. None of the funds appropriated in this Act may be used 
to make payments under contracts for any program, project, or activity 
in a foreign country unless the Secretary of Defense or his designee, 
after consultation with the Secretary of the Treasury or his designee, 
certifies to the Congress that the use, by purchase from the Treasury, 
of currencies of such country acquired pursuant to law is not feasible 
for the purpose, stating the reason therefor. 
SEC. 735. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to 
be made from such funds: Provided, That transfers may be made 
between such funds in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management 
and Budget, except that transfers between a stock fund account and 
an industrial fund account may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. No obliga-
tions 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 any such obligation. 
SEC. 736. 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, promoting, or carrying on a riot, or any group activity resulting 
in material damage to property or injury to persons, found to be in 
violation of Federal, State, or local laws designed to protect persons 
or property in the community concerned. 
SEC. 737. No part of the funds appropriated under this Act shall be 
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 an insti-
tution of higher education to prevent officials or students at such an 
institution from engaging in their duties or pursuing their studies. 
SEC. 738. None of the funds 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. 739. None of the funds appropriated by this Act shall be avail-
able for any research involving uninformed or nonvoluntary human 
beings as experimental subjects. 
Transfer of funds. 
Notice to 
Congress. 
Contract 
payments in 
foreign countries. 
Working capital 
funds. 
Convicted rioters. 
Campus 
disrupters. 
Heating plant 
conversion. 
Involuntary 
experimental 
subjects. 
90 STAT. 1298 
PUBLIC LAW 94-419—SEPT. 22, 1976 
Reprogramming 
of funds. 
Health program, 
restrictions. 
Ammunition 
plants, 
restriction. 
SEC. 740. Appropriations for the current fiscal year for operation 
and maintenance of the active forces shall be available for medical 
and dental care of personnel entitled thereto by law or regulation 
(including charges of private facilities for care of military personnel, 
except elective private treatment); welfare and recreation; hire of 
passenger motor vehicles; repair of facilities; modification of 
personal property; design of vessels; industrial mobilization; installa-
tion of equipment in public or private plants; military communica-
tions facilities on merchant vessels; acquisition of services, special 
clothing, supplies, and equipment; and expenses for the Reserve 
Officers' Training Corps and other units at educational institutions. 
SEC. 741. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations for 
the reprograming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which reprograming 
is requested has been denied by the Congress. 
SEC. 742. No funds appropriated in 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. 743. 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 specific problem with results of that treatment to be communi-
cated 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 coun-
seling for sexual dysfunctions or sexual inadequacies; (d) treatment 
of obesity when obesity is the sole or major condition treated; 
(e) reconstructive surgery justified solely on psychiatric needs includ-
ing, but not limited to, mammary augmentation, face lifts, and sex 
gender changes; or (f) any other service or supply which is not medi-
cally necessary to diagnose and treat a mental or physical illness, 
injury, or bodily malfunction as diagnosed by a physician, dentist, or 
a clinical psychologist, as appropriate. 
SEC. 744. None of the funds appropriated in this Act may be 
expended by the Department of the Army for the design, procurement 
of plant equipment, or construction of new ammunition plant facilities 
except in areas in which existing ammunition plant facilities are being 
closed, placed in layaway, or at which production has been curtailed. 
SEC. 745. 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 
by section 2107(a) of title 10, United States Code, but not to exceed 
60 percent of total authorized scholarships. 
SEC. 745a. None of the funds appropriated in this Act shall be 
available for the operation and support of more than four Naval 
districts as established by sections 5221 and 5222, title 10, United 
States Code, after June 30, 1977. 
PUBLIC LAW 94-419—SEPT. 22, 1976 
90 STAT. 1299 
SEC. 746. None of the funds appropriated by this Act shall be 
available to pay any member of the uniformed service for unused 
accrued leave pursuant to section 501 of title 37, United States Code, 
for more than sixty days of such leave, less the number of days for 
which payment was previously made under section 501 after Febru-
ary 9, 1976. 
SEC. 747. None of the funds appropriated in this Act may be used 
to pay any claim over $5,000,000 against the United States, unless 
such claim has been thoroughly examined and evaluated by officials 
of the Department of Defense responsible for determining such 
claims and a report is made to the Congress as to the validity of these 
claims. 
SEC. 748. 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. 749. 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 $24,000,000. 
SEC. 750. Unless otherwise specified and during the current fiscal 
year, no part of any appropriation contained in this or any other 
Act shall be used to pay the compensation of any officer or employee 
of the Government of the United States (including any agency the 
majority of the stock of which is owned by the Government of the 
United States) whose post of duty is in continental United States 
unless such person (1) is a citizen of the United States, (2) is a 
person in the service of the United States on the date of enactment 
of this Act, who, being eligible for citizenship, has filed a declaration 
of intention to become a citizen of the United States prior to such 
date and is actually residing in the United States, (3) is a person 
who owes allegiance to the United States, (4) is an alien from Cuba, 
Poland, or the Baltic countries lawfully admitted to the United 
States for permanent residence, or (5) South Vietnamese refugees 
paroled into the United States between January 1,1975, and the date 
of enactment of this Act: Provided^ That, for the purpose of this 
section, an affidavit signed by any such person shall be considered 
prima facie evidence that the requirements of this section with respect 
to his status have been complied with: Provided further^ That any 
person making a false affidavit shall be guilty of a felony, and, upon 
conviction, shall be fined not more than $4,000 or imprisoned for not 
more than one year, or both: Provided further^ That the above penal-
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further^ That any payment made 
to any officer or employee contrary to the provisions of this section 
shall be recoverable in action by the Federal Government. This section 
shall not apply to citizens of the Republic of the Philippines or to 
nationals of those countries allied with the United States in the 
current defense effort, or to temporary employment of translators, 
or to temporary employment in the field service (not to exceed sixty 
days) as a result of emergencies. 
TITLE VIII—RELATED AGENCY 
INTELLIGENCE COMMUNITY OVERSIGHT 
For necessary expenses for intelligence community oversight, 
$5,600,000. 
Unused accrued 
leave. 
Claim payments, 
restriction. 
Enlisted aides, 
limitation. 
Public affairs 
activities. 
Compensation. 
31 u s e 699b. 
90 STAT. 1300 
PUBLIC LAW 94-419—SEPT. 22, 1976 
CENTRAii INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
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, $28,300,000, subject to the enactment of legislation 
authorizing such payment. 
Short title. 
This Act may be cited as the ''Department of Defense Appropria-
tion Act, 1977". 
Approved September 22, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1231 (Comm. on Appropriations) and No. 94-1475 (Coram. 
of Conference). 
SENATE REPORT No. 94-1046 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
, 
June 17, considered and passed House. 
' 
Aug. 2, 9, considered and passed Senate, amended. 
Sept. 9, House agreed to conference report; receded and concurred with 
amendments to certain Senate amendments. 
Sept. 13, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 39: 
Sept. 22, Presidential statement.