Department of Defense Appropriation Act
PL 95-111 (H.R.7933), enacted 09/21/1977

91 STAT. 886 
PUBLIC LAW 95-111—SEPT. 21, 1977 
Public Law 95-111 
95th Congress 
An Act 
Sept. 21, 1977 
Making appropriations for the Department of Defense for the fiscal year ending 
[H.R. 7933] 
September 30, 1978, and for other purposes. 
Be it enacted hy the SeTiate and House of Representatives of the 
Department of 
United States of America in Congress assembled, That the following 
Defense 
sums are appropriated, out of any money in the Treasury not otherwise 
Appropnation 
appropriated, for the fiscal year ending September 30,1978, for mill-
Act, 1978. 
|.g^j,y functions administered by the Department of Defense, and for 
other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of tem-
porary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components 
provided for elsewhere); $8,741,800,000. 
MiLriARY P E R S O N N E L , N A V Y 
For pay, allowances, individual clothing, subsistence, interest on 
f 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members 
of the Navy on active duty (except members of the Reserve provided 
for elsewhere), midshipmen, and aviation cadets; $6,169,662,000. 
MIUTARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members 
of the Marine Corps on active duty (except members of the Reserve 
provided for elsewhere); $1,918,400,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members 
of the Air Force on active duty (except members of reserve compo-
nents provided 
for 
elsewhere), cadets, and 
aviation 
cadets; 
$7,199,900,000. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 887 
KESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3019, and 3033 of title 10, United States Code, or 
while undergoing reserve training or while performing drills or 
equivalent duty, and for members of the Reserve Officers' Training 
Corps, as authorized by law; $555,600,000. 
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 ,-$206,075,000. 
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 author-
ized by law; $78,700,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 265, 8019, and 8033 of title 10, United States Code, or 
while undergoing reserve training, or while performing drills or 
equivalent duty, and for members of the Air Reserve Officers' Training 
Corps, as authorized by law; $171,400,000. 
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 per-
forming drills or equivalent duty, as authorized by law; $782,500,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while undergoing training, or while perform-
ing drills or equivalent duty, as authorized by law; $231,800,000. 
91 STAT. 888 
PUBLIC LAW 95-111—SEPT. 21, 1977 
TITLE II 
RETIKED MILITARY PERSONNEL 
RETIRED PAY, DEFENSE 
For retired pay and retirement pay, as authorized by law, of mili-
tary personnel on the retired lists of the Army, Navy, Marine Corps, 
and the Air Force, including the reserve components thereof, retainer 
pay for personnel of the Inactive Fleet Reserve, and payments under 
10 use 1448 
section 4 of Public Law 92-425 and chapter 73 of title 10, United 
note. 
States Code: $9,010,000,000. 
10 use 1431 et 
5 V , 
, 
, 
seq. 
TITLE III 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance of the Army, as authorized by law; and not to 
exceed $3,219,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secre-
tary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $8,139,413,000, of which 
not less than $490,000,000 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 $1,507,000 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; 
$10,743,263,000, of which not less than $275,000,000 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 $2,000,000,000 
shall be available for the performance of such work in Navy ship-
yards of which not less than $22,000,000 shall be available for such 
work only at the Ship Repair Facilities, Guam: Provided 
further, 
That such amounts of the funds available for work only at the Ship 
Repair Facilities, Guam, may be used for work in other Navy ship-
yards in amounts equal to the amount of work placed at the Ship 
Repair Facilities, Guam, funded from other sources. 
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; 
$615,628,000, of which not less than $86,650,000 shall be available only 
for the maintenance of real property facilities. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 889 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the operation 
and maintenance of the Air Force, as authorized by law; and not 
to exceed $2,538,000 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; $8,335,279,000, of which 
not less than $509,000,000 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, $2,827,574,000: Provided^ 
That not to exceed $3,743,000 can be used for emergencies and extraor-
dinary 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 $38,600,000 of the total amount of this appropriation 
shall be available only for the maintenance of real property facilities: 
Provided further^ That $845,662,000 shall be available only for the 
Defense Logistics Agency and $614,583,000 shall be available only for 
the Civilian Health and Medical Program of the Uniformed Services: 
Provided further^ That during fiscal year 1978 the Department of 
Defense may guarantee loans pursuant to Title III of the Defense 
Production Act of 1950 as amended (50 U.S.C., Appendix 2091, 64 
Stat. 800) in an amount not to exceed $5,000,000: Provided further^ 
That of this appropriation, not more than $350,000 may be obligated 
to support the personnel and activities of the Assistant Secretary of 
Defense for Health Affairs prior to February 1,1978. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
; 
For expenses, not otherwise provided for, necessary for the opera-
tion and maintenance, including training, organization, and adminis-
tration, of the Army Eeserve; repair of facilities and equipment; hire 
of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; 
and communications; $380,796,000, of w^hich not less than $23,050,000 
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 passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; 
and communications; $316,290,000, of which not less than $13,600,000 
shall be available only for the maintenance of real property facilities. 
91 STAT. 890 
PUBLIC LAW 95-111—SEPT. 21, 1977 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided^ for, necessary for the opera-
tion and maintenance, including training, organization, and adminis-
tration, 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; $16,528,000, of which not less than 
$900,000 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 adminis-
tration, of the Air Force Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of 
the dead; recruiting; procurement of services, supplies, and equip-
ment; and communications; $374,349,000, of which not less than 
$11,000,000 shall be available only for the maintenance of real prop-
erty 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; 
personnel services in the National Guard Bureau; travel expenses 
(other than mileage), as authorized by law for Army personnel on 
active duty, for Army National Guard division, regimental, and bat-
talion commanders while inspecting units in compliance with National 
Guard regulations when specifically authorized by the Chief, National 
Guard Bureau; supplying and equipping the Army National Guard 
as authorized by law; and expenses of repair, modification, mainte-
nance, and issue of supplies and equipment (including aircraft); 
$745,666,000, of which not less than $17,500,000 shall be available only 
for the maintenance of real property facilities. 
OPERATION AND MAINTENANCE, A I R NATIONAL GUARD 
For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things; hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by 
law for the Air National Guard; and expenses incident to the main-
tenance and use of supplies, materials, and equipment, including such 
as may be furnished from stocks under the control of agencies of the 
Department of Defense; travel expenses (other than mileage) on the 
same basis as authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders while 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 891 
inspecting units in compliance with National Guard regulations when 
specifically 
authorized 
by the Chief, National 
Guard 
Bureau; 
$825,207,000, of which not less than $18,000,000 shall be available only 
for the maintenance of real property facilities. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, A R M Y 
For the necessary expenses, in accordance with law, for construction, 
equipment, and maintenance of rifle ranges; the instruction of citizens 
in marksmanship; the promotion of rifle practice; and the travel of 
rifle teams, military personnel, and individuals attending regional, 
national, and international competitions; $365,000, of which amount 
not to exceed $7,500 shall be available for incidental expenses of the 
National Board; and from other funds provided in this Act, not to 
exceed $329,000 worth of ammunition may be issued under authority of 
title 10, United States Code, section 4311. 
CLAIMS, DEFENSE 
For payment, not otherwise provided for, of claims authorized by 
law to be paid Ijy the Department of Defense (except for civil func-
tions) , including claims for damages arising under training contracts 
with carriers, and repayment of amounts determined by the Secretary 
concerned, or officers designated by him, to have been erroneously 
collected from military and civilian personnel of the Department of 
Defense, or from States, territories, or the District of Columbia, or 
members of the National Guard units thereof; $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 
Secretary of Defense, and payments may be made on his certificate of 
necessity for confidential military purposes; $2,500,000. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $1,735,000. 
SECRETARY OF DEFENSE READINESS F U N D 
For transfer by the Secretary of Defense to any appropriation 
contained in title III of this Act, to be merged with and to be avail-
able for the same purpose as the appropriation to which transferred 
upon determination by the Secretary of Defense that funds are neces-
sary for high priority items directly associated with maintaining or 
improving military readiness of the active forces or reserve com-
ponents of the Department of Defense, and in no case for items or 
programs for which funds have been denied or reduced by the Con-
gress; $100,000,000: Provided, 
That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to this 
authority: Provided 
further, 
That transfer authority provided herein 
shall be in addition to that provided in section 833 of this Act. 
Funds, transfer 
and merger. 
Notice to 
Congress. 
91 STAT. 892 
PUBLIC LAW 95-111—SEPT. 21, 1977 
TITLE IV 
PEOCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and mod-
ernization of aircraft, equipment, including ordnance, ground handling 
equipment, spare parts, and accessories therefor; specialized equip-
ment and training devices; expansion of public and private plants, 
including the land necessary therefor, without regard to section 4774, 
title 10, United States Code, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction prose-
cuted thereon prior to approval of title as required by section 355, 
40 use 255. 
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; $657,100,000, to remain available for 
obligation 
until 
September 30,1980. 
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 equipment layaway; and other expenses necessary for the fore-
going purposes; $536,883,000, to remain available for obligation until 
September 30,1980. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and modification of 
. . ' • 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
the land necessary therefor, without regard to section 4774, title 10, 
United States Code, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title as required by section 355, Revised 
Statutes, as amended; and procurement and installation of equip-
, / 
ment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment lay-
away ; and other expenses necessary for the foregoing purposes; 
$1,421,200,000, to remain available for obligation until September 30, 
1980. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 893 
PROCUREMENT OF AMMUNITION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
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 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 
40 USC 255. 
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 ; $1,179,300,000, and in addition, $57,500,000, of which $37,200,000 
shall be derived by transfer from "Procurement of Ammunition, 
Army, 1976/1978", and $20,300,000 which shall be derived by transfer 
from "Procurement of Ammunition, Army, 1977/1979", to remain 
available for obligation until September 30,1980. 
OTHER PROCUREMENT, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, and modification -of 
vehicles, including tactical, support, and nontracked combat vehicles; 
the purchase of not to exceed two thousand five hundred and sixteen 
passenger motor vehicles for replacement only; communications and 
electronic equipment; other support equipment; spare parts, ordnance 
and accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, without regard to section 4774, title 10, United States Code, 
for the foregoing purposes, and such lands and 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 jjlant and Government and 
contractor-owned equipment layaway; and other expenses necessary 
for the foregoing purposes; $1,403,325,000, and in addition, $2,700,000 
which shall be derived by transfer from "Other Procurement, Army, 
1977/1979", to remain available for obligation until September 30, 
1980. 
OTHER PROCUREMENT, ARMY, 1973/1975 
(LIQUIDATION OF DEFICIENCY) 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for "Other Procurement, Army, 1973/ 
1975", for liquidation of obligations incurred and chargeable to that 
account, $21,000,000, to be derived by transfer from "Aircraft Pro-
curement, Army, 1975/1977", $8,000,000, from "Missile Procurement, 
Army, 1975/1977", $8,000,000, and from "Procurement of Ammuni-
tion, Army, 1975/1977", $5,000,000. 
91 STAT. 894 
PUBLIC LAW 95-111—SEPT. 21, 1977 
AIRCRAFT PROCUREMENT, 
NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, modification, and mod-
ernization of aircraft, equipment including ordnance, spare parts, and 
accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title as required by section 355, Revised 
40 use 255. 
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; 
$3,479,000,000, to remain available for obligation until September 30, 
1980. 
WEAPONS PROCUREMENT, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, production, modification, and mod-
ernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title as required by section 
355, Revised Statutes, as amended; and procurement and installation 
of equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned equip-
ment layaway; $2,181,900,000, and in addition, $52,700,000, of which 
$4,565,000 shall he derived by transfer from "Weapons Procurement, 
Navy, 1976/1978", $25,435,000 shall be derived by transfer from 
"Weapons Procurement, Navy, 197T/1978", and $22,700,000 shall be 
derived by transfer from "Weapons Procurement, Navy, 1977/1979", 
to remain available for obligation until September 30, 1980. 
SHIPBUILDING AND CONVERSION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
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, 
$1,703,200,000; for the SSN-688 nuclear attack submarine program, 
$278,500,000; for the CGN-42 nuclear-powered AEGIS cruiser pro-
gram, $180,000,000; for the aircraft carrier service life extension pro-
gram, $30,000,000; for the DDG^7 guided missile destroyer program, 
$930,000,000; for the DDG-2 guided missile destroyer modernization 
program, $94,500,000; for the DD-963 program, $310,000,000; for the 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 895 
F F G - 7 guided missile frigate program, $1,163,300,000, and in addi-
tion, $42,000,000 to be derived by transfer from "Shipbuilding and 
Conversion, Navy, 1977/1981"; for the A O fleet oiler program, 
$322,700,000; for the T - A T F fleet ocean tug program, $52,700,000; 
for craft, outfitting, post delivery and cost growth on prior year pro-
grams, $695,600,000; in all: $5,760,500,000, and in addition, $42,000,000 
in transfer as hereinbefore provided, to remain available for obliga-
tion until September 30,1982: 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 for-
eign shipyards for the construction of major components of the hull 
or superstructure of such vessel: Provided 
further, 
That none of the 
funds herein provided shall be used for the construction of any naval 
vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
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); the purchase of not to exceed eight 
hundred and seventy-one passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land neces-
sary 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 procure- 40 USC 255. 
ment and installation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government and contrac-
tor-owned 
equipment layaway; 
$2,176,410,000, and in 
addition, 
$10,000,000 which shall be derived by transfer from "Other Procure-
ment, Navv, 1977/1979", to remain available for obligation until Sep-
tember 30,\980. 
PROCUREMENT, MARINE CORPS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the procurement, manufacture, and modi-
fication of missiles, armament, ammunition, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment lay-
away ; and vehicles for the Marine Corps, including purchase of not 
to exceed one hundred and eighty-eight passenger motor vehicles for 
replacement only; $440,400,000, and in addition, $9,800,000 which shall 
be derived by transfer from "Procurement, Marine Corps, 1977/1979", 
to remain available for obligation until September 30, 1980. 
AIRCRAFT PROCUREMENT, A I R FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
91 STAT. 896 
PUBLIC LAW 95-111—SEPT. 21, 1977 
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, Kevised 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; $6,262,000,000, of which $62,000,000 shall be available 
only for the procurement of C-130H aircraft for the Air National 
Guard, and in addition, $34,400,000, of which $15,100,000 shall be 
derived by transfer from "Aircraft Procurement, Air Force, 1976/ 
1978", and $19,300,000 shall be derived by transfer from "Other Pro-
curement, Air Force, 1977/1979", to remain available for obligation 
until September 30,1980. 
MISSILE PROCUREMENT, AIR FORCE 
(INCLUDING TRANSFER 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 public 
and private plants. Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land 
without regard to section 9774 of title 10, United States Code, for the 
foregoing purposes, and such lands and interests therein, may be 
-. 
acquired, and construction prosecuted thereon prior to the approval of 
title as required by section 355, Revised Statutes, as amended; reserve 
plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes including rents 
and transportation of things; $1,700,600,000, and in addition, 
$44,600,000 which shall be derived by transfer from "Missile Procure-
ment, Air Force, 1977/1979", to remain available for obligation until 
September 30, 1980. 
OTHER PROCUREMENT, AIR FORCE 
(INCLUDING TRANSFEROF FUNDS) 
For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 
one thousand one hundred and thirty-nine passenger motor vehicles 
for replacement only; and expansion of public and private plants. 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land without regard to sec-
tion 9774 of title 10, United States Code, for the foregoing purposes, 
and such lands and interests therein may be acquired, and construction 
prosecuted thereon prior to the approval of title as required by section 
355, Revised Statutes, as amended; reserve plant and Government and 
contractor-owned equipment layaway; $2,337,345,000, and in addition, 
$4,800,000 which shall be derived by transfer from "Other Procure-
ment, Air Force, 1977/1979", to remain available for obligation until 
September 30,1980. 
, 
. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 897 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of Defense 
(other than the military departments and the Defense Civil Prepared-
ness Agency) necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts therefor, not other-
wise provided for; the purchase of not to exceed two hundred and 
forty-five passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to the approval of title as 
required by section 355, Eevised Statutes, as amended; reserve 40 USC 255. 
plant and Government and contractor-owned equipment layaway; 
$327,826,000, to remain available for obligation until September 30, 
1980. 
T I T L E 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; $2,417,882,000, of which $13,481,000 shall be available for food 
research programs, to remain available for obligation until Septem-
ber 30, 1979. 
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; $3,991,791,000: Provided, That none of the funds appropriated 
for the Shipboard Intermediate Range Combat System program shall 
be available unless expended in compliance with existing acquisition 
policies and procedures prescribed in Office of Management and Budget 
Circular A-109, to remain available for obligation until September 30, 
1979. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized by 
law; $3,917,766,000, to remain available for obligation until Septem-
ber 30, 1979. 
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-
ness Agency), necessary for basic and applied scientific research, devel-
opment, test, and evaluation; advanced research projects as may be 
designated and determined by the Secretary of Defense, pursuant to 
91 STAT. 898 
Funds, 
transfer and 
merger. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
law; maintenance, rehabilitation, lease, and operation of facilities 
and equipment, as authorized by law; $745,278,000, to remain avail-
able for obligation until Septeinber 30, 1979: Provided, 
That such 
amounts as may be determined by the Secretary of Defense to have 
been made available in other appropriations available to the Depart-
ment of Defense during the current fiscal year for programs related 
to advanced research may be transferred to and merged with this 
appropriation to be available for the same purposes and time period: 
Provided 
further, 
That such amounts of this appropriation as may be 
determined by the Secretary of Defense may be transferred to carry 
out the purposes of advanced research to those appropriations for 
military functions under the Department of Defense which are being 
utilized for related programs to be merged with and to be available 
for the same time period as the appropriation to which transferred. 
DIRECTOR OF TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Director of Defense Test and Evaluation in the direction and 
supervision of test and evaluation, including initial operational testing 
and evaluation; and performance of joint testing and evaluation; and 
administrative expenses in connection therewith; $25,000,000, to 
remain available for obligation until September 30, 1979. 
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; $2,480,000, to remain available for 
obligation until September 30, 1979: Provided, 
That this appropria-
tion shall be available in addition to other appropriations to such 
Department, for payments in the foregoing currencies. 
T I T L E V I I 
W O R K I N G C A P I T A L F U N D S 
ARMY STOCK F U N D 
For the Army stock fund, $100,000,000. 
NAVY STOCK F U N D 
For the Navy stock fund, $30,000,000. 
MARINE CORPS STOCK F U N D 
For the Marine Corps stock fund, $1,900,000. 
AIR FORCE STOCK F U N D 
For the Air Force stock fund, $34,600,000. 
DEFENSE STOCK F U N D 
For the Defense Agencies stock fund, $4,300,000. 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 899 
TITLE VIII 
GENEKAL PROVISIONS 
SEC. 801. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 802. 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 
section 3109 of title 5, United States Code, under regulations pre-
scribed by the Secretary of Defense, and to pay in connection there-
with travel expenses of individuals, including actual transportation 
and per diem in lieu of subsistence while traveling from their homes 
or places of business to official duty station and return as may be 
authorized by law: Provided^ That such contracts may be renewed 
annually. 
SEC. 803. During the current fiscal year, provisions of law prohibit-
ing the payment of compensation to, or employment of, any person 
not a citizen of the United States shall not apply to personnel of the 
Department of Defense. 
SEC. 804. Appropriations contained in this Act shall be available 
for insurance of official motor vehicles in foreign countries, when 
required by laws of such countries; payments in advance of expenses 
determined by the investigating officer to be necessary and in accord 
with local custom for conducting investigations in foreign countries 
incident to matters relating to the activities of the department con-
cerned ; reimbursement of General Services Administration for secu-
rity guard services for protection of confidential files; and all necessary 
expenses, at the seat of government of the United States of America or 
elsewhere, in connection with communication and other services and 
supplies as may be necessary to carry out the purposes of this Act. 
SEC. 805, Any appropriation available to the Army, Navy, or the 
Air Force may, under such regulations as the Secretary concerned may 
prescribe, be used for expenses incident to the maintenance, pay, and 
allowances of prisoners of war, other persons in Army, Navy, or Air 
Force custody whose status is determined by the Secretary concerned 
to be similar to prisoners of war, and persons detained in such custody 
pursuant to Presidential proclamation. 
SEC. 806. Appropriations available to the Department of Defense 
for the current fiscal year for maintenance or construction shall be 
available for acquisition of land or interest therein as authorized by 
section 2672 or 2675 of title 10, United States Code. 
SEC. 807. Appropriations for the Department of Defense for the 
current fiscal year shall be available, (a) except as authorized by the 
Act of September 30, 1950 (20 U.S.C. 236-244), for primary and sec-
ondary schooling for minor dependents of military and civilian per-
sonnel of the Department of Defense residing on military or naval 
installations or stationed in foreign countries, as authorized for the 
Navy by section 7204 of title 10, United States Code, in an amount not 
exceeding $266,750,000, when the Secretary of Defense finds that 
schools, if any, available in the locality, are unable to provide ade-
quately for the education of such dependents: Provided^ That under 
such regulations as may be issued by the Secretary of Defense, such 
schooling in a school operated by the Department of Defense under 
Publicity or 
propaganda. 
Experts or 
consultants. 
Noncitizens, 
employment. 
31 use 700. 
Prisoners 
of war. 
31 u s e 649a. 
Land acquisition. 
Dependents' 
schooling. 
91 STAT. 900 
PUBLIC LAW 95-111—SEPT. 21, 1977 
Deficiency 
judgments. 
Leasing. 
Tools, 
maintenance. 
Access roads. 
Milk program. 
22 u s e 2385. 
Incidental 
expenses, 
payment. 
10 u s e 858 
note. 
10 u s e 807 
note. 
Small business 
assistance. 
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 fur-
ther^ That where such personnel die subsequent to January 11, 1971, 
such schooling must be continued or commenced within one year after 
the date of death; (b) for expenses in connection with administration 
of occupied areas; (c) for payment of rewards as authorized for the 
Navy by section 7209(a) of title 10, United States Code, for informa-
tion leading to the discovery of missing naval property or the recovery 
thereof; (d) for payment of deficiency judgments and interests 
thereon arising out of condemnation proceedings; (e) for leasing of 
buildings and facilities including payment of rentals for special pur-
pose space at the seat of government, and in the conduct of field exer-
cises and maneuvers or, in administering the provisions of title 43, 
United States Code, section 315q, rentals may be paid in advance; (f) 
payments under contracts for maintenance of tools and facilities for 
twelve months beginning at any time during the fiscal year; (g) main-
tenance of defense access roads certified as important to national 
defense in accordance with section 210 of title 23, United States Code; 
(h) for the purchase of milk for enlisted personnel of the Department 
of Defense heretofore made available pursuant to section 1446a, title 7, 
United States Code, and the cost of milk so purchased, as determined 
by the Secretary of Defense, shall be included in the value of the com-
muted ration; (i) transporting civilian clothing to the home of record 
of selective service inductees and recruits on entering the military serv-
ices; (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 section 625(d) (1) of the Foreign Assistance 
Act of 1961, as amended. 
SEC. 808. 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 fraudu-
lent enlistment; (b) authorized issues of articles to prisoners, appli-
cants for enlistment and persons in military custody; (c) subsistence 
of selective service registrants called for induction, applicants for 
enlistment, prisoners, civilian employees as authorized by law, and 
supernumeraries when necessitated by emergent military circum-
stances ; (d) reimbursement for subsistence of enlisted personnel while 
sick in hospitals; (e) expenses of prisoners confined in nonmilitary 
facilities; (f) military courts, boards, and commissions; (g) utility 
services for buildings erected at private cost, as authorized by law, 
and buildings on military reservations authorized by regulations to 
be used for welfare and recreational purposes; (h) exchange fees, 
and losses in the accounts of disbursing oflficers or agents in accord-
ance with law; (i) expenses of Latin American cooperation as author-
ized 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. 809. Insofar as practicable, the Secretary of Defense shall 
assist American small business to participate equitably in the furnish-
ing of commodities and services financed with funds appropriated 
under this Act by making available or causing to be made available 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 901 
to suppliers in the United States, and particularly to small independ-
ent 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 furnishing of commodities and services financed with funds 
appropriated by this Act. 
SEC. 810. No appropriation contained in this Act shall be available Mess operations, 
for expenses of operation of messes (other than organized messes the 
operating expenses of which are financed principally from nonappro-
priated funds) at which meals are sold to officers or civilians, except 
under regulations approved by the Secretary of Defense, which shall 
(except under unusual or extraordinary circumstances) establish rates 
for such meals sufficient to provide reimbursements of operating 
expenses and food costs to the appropriations concerned: Provided^ 
That officers and civilians in a travel status receiving a per diem allow-
ance in lieu of subsistence shall be charged at the rate of not less than 
$2.50 per day: Provided further^ That for the purposes of this section 
payments for meals at the rates established hereunder may be made 
in cash or by deduction from the pay of civilian employees: Provided 
further^ That members of organized nonprofit youth groups sponsored 
at either the national or local level, when extended the privilege of 
visiting a military installation and permitted to eat in the general 
mess by the commanding officer of the installation, shall pay the com-
muted ration cost of such meal or meals. 
SEC. 811. 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. 812. 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^ Report to 
That a report of receipts and disbursements under this limitation shall Congress, 
be made quarterly to Congress: Provided further^ That no funds avail- 50 USC 100a. 
able to agencies of the Department of Defense shall be used for the 
operation, acquisition, or construction of new facilities or equipment 
for new facilities in the continental limits of the United States for 
metal scrap baling or shearing or for melting or sweating aluminum 
scrap unless the Secretary of Defense or an Assistant Secretary of 
Defense designated by him determines, with respect to each facility 
involved, that the operation of such facility is in the national interest. 
SEC. 813. (a) During the current fiscal year, the President may Funds, 
exempt appropriations, funds, and contract authorizations, available apportionment, 
for military functions under the Department of Defense, from the exemption, 
provisions of subsection (c) of section 3679 of the Revised Statutes, as 
amended, whenever he deems such action to be necessary in the interest 31 USC 665. 
of national defense. 
(b) Upon determination by the President that such action is neces- Airborne alert 
sary, the Secretary of Defense is authorized to provide for the cost expenses, 
of an airborne alert as an excepted expense in accordance with the 
provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). 
Fiscal year 
limitation. 
91 STAT. 902 
PUBLIC LAW 95-111—SEPT. 21, 1977 
Active duty 
military 
personnel 
increases. 
Monthly 
reports to 
Congress. 
Commissary 
stores. 
Free utilities 
outside U.S. 
and in Alaska. 
Proficiency 
flying. 
Household goods. 
Vessels, transfer. 
40 u s e 483a. 
• (c) Upon determination by the President that it is necessary to 
increase the number of military personnel on active dutj^ 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 section 3732 of the Eevised Statutes (41 
U.S.C. 11). 
(d) The Secretary of Defense shall immediately advise Congress of 
the exercise of any authority granted in this section, and shall report 
monthly on the estimated obligations incurred pursuant to subsec-
tions (b) and (c). 
SEC. 814. 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 main-
tenance 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 con-
trol of such commissary stores, except as authorized under regulations 
promulgated by the Secretaries of the military departments concerned 
with the approval of the Secretary of Defense, which regulations shall 
provide for reimbursement therefor to the appropriations concerned 
and, notwithstanding any other provision of law, shall provide for the 
adjustment of the sales prices in such commissary stores to the extent 
necessary to furnish sufficient gross revenue from sales of commissary 
stores to make such reimbursement: Provided^ That under such regu-
lations 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 appropria-
tion contained in this Act shall be available in connection with the 
operation of commissary stores within the continental United States 
unless the Secretary of Defense has certified that items normally pro-
cured from commissary stores are not otherwise available at a reason-
able distance and a reasonable price in satisfactory quality and 
quantity to the military and civilian employees of the Department of 
Defense. 
SEC. 815. 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 
Department of Defense Directive 1340.4, except in accordance with 
regulations prescribed by the Secretary of Defense. Such regulations 
(1) may not require such flying except that required to maintain 
proficiency in anticipation of a member's assignment to combat opera-
tions 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.^ 816. No part of any appropriation contained in this Act shall 
be available for expense of transportation, packing, crating, temporary 
storage, drayage, and unpacking of household goods and personal 
effects in any one shipment having a net weight in excess of thirteen 
thousand five hundred pounds. 
SEC. 817. Vessels under the jurisdiction of the Department of Com-
merce, the Department of the Army, the Department of the Air 
Force, or the Department of the Navy may be transferred or otherwise 
made available without reimbursement to any such agencies upon 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 903 
the request of the head of one agency and the approval of the agency 
having jurisdiction of the vessels concerned. 
SEC. 818. Not more than 20 per centum of the appropriations in this 
Act vt^hich are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year: Pro-
vided^ That this section shall not apply to obligations for support of 
active duty training of civilian components or summer-camp training 
of the Reserve Officers' Training Corps. 
SEC. 819. 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 agen-
cies 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 coun-
tries for the use of the United States in accordance with mutual defense 
agreements or occupational arrangements and such agencies may use 
the same for the support of the United States forces in such areas, 
without specific appropriations therefor: Provided^ That the foregoing 
authority shall not be available for the conversion of heating plants 
from coal to oil at defense facilities in Europe: Provided further^ That 
within thirty days after the end of each quarter the Secretary of 
Defense shall render to Congress and to the Office of Management 
and Budget a full report of such property, supplies, and commodi-
ties received during such quarter. 
SEC. 820. 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 expendi-
tures are specifically authorized in other appropriations of the service 
concerned. 
SEC. 821. _
N
"
o 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. 822. No part of the funds appropriated herein shall be expended 
for the support of any formally enrolled student in basic courses of 
the senior division, Reserve Officers' Training Corps, who has not 
executed a certificate of loyalty or loyalty oath in such form as shall 
be prescribed by the Secretary of Defense. 
SEC. 823. No part of any appropriation contained in this Act, except 
for small purchases in amounts not exceeding $10,000, shall be avail-
able for the procurement of any article of food, clothing, cotton, woven 
silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic 
fabric or coated synthetic fabric, or wool (whether in the forni 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 
woA^en silk blends, spun silk yarn for cartridge cloth, synthetic fabric 
Obligated 
funds, limitation. 
Foreign real 
property, use. 
31 u s e 700a. 
Quarterly report 
to G>ngress and 
0MB. 
Research and 
development 
funds. 
Education 
expenses, 
limitation. 
ROTC loyalty 
requirements. 
10 u s e 2103 
note. 
Procurement 
limitations. 
91 STAT. 904 
PUBLIC LAW 95-111—SEPT. 21, 1977 
22 u s e 2776. 
89 Stat. 540. 
Service facilities. 
Airmail 
reimbursement. 
Furnishings and 
automobiles, 
purchase. 
Uniforms. 
Legislative 
liaison activities. 
or coated synthetic fabric, wool, or specialty metals including stainless 
steel flatware, grown, reprocessed, reused, or produced in the United 
States or its possessions cannot be procured as and when needed at 
United States market prices and except procurements outside the 
United States in support of combat operations, procurements by ves-
sels in foreign waters, and emergency procurements or procurements 
of perishable foods by establishments located outside the United 
States for the personnel attached thereto: Provided^ That nothing 
herein shall preclude the procurement of specialty metals produced 
outside the United States or its possessions when such procurement is 
necessary to comply with agreements with foreign governments requir-
ing the United States to purchase supplies from foreign sources for 
the purposes of offsetting sales made by the United States Government 
or United States firms under approved programs serving defense 
requirements or where such procurement is necessary in furtherance 
of the standardization and interoperability of equipment requirements 
within NATO so long as such agreements with foreign governments 
comply, where applicable, with the requirements of section 36 of the 
Arms Export Control Act and with section 814 of the Department of 
Defense Appropriation Authorization Act, 1976: Provided further^ 
That nothing herein shall preclude the procurement of foods manu-
factured or processed in the United States or its possessions: PTO-
vided further^ That no funds herein appropriated shall be used for the 
payment of a price differential on contracts hereafter made for the 
purpose of relieving economic dislocations: Provided further, That 
none of the funds appropriated in this Act shall be used except that, 
so far as practicable, all contracts shall be awarded on a formally 
advertised competitive bid basis to the lowest responsible bidder. 
SEC. 824. None of the funds appropriated in this Act shall be used 
for the construction, replacement, or reactivation of any bakery, laun-
drj^, or drycleaning facility in the United States, its territories or 
possessions, as to which the Secretary of Defense does not certify in 
writing, giving his reasons therefor, that the services to be furnished 
by such facilities are not obtainable from commercial sources at rea-
sonable rates. 
SEC. 825. 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 
transportation of military mail between the United States and for-
eign countries. 
SEC. 826. Appropriations contained in this Act shall be available for 
the purchase of household furnishings, and automobiles from military 
and civilian personnel on duty outside the continental United States, 
for the purpose of resale at cost to incoming personnel, and for pro-
viding 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. 827. 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. 828. 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 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 905 
Defense shall not exceed $6,900,000 for fiscal year 1978: 
Provided, 
That this amount shall be available for apportionment to the Depart-
ment of the Army, the Department of the Navy, the Department of 
the Air Force, and the Office of the Secretary of Defense as deter-
mined by the Secretary of Defense. 
SEC. 829. 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 modern 
aircraft operated by the civil air fleet. 
SEC. 830. 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. 831. 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. 832. Funds appropriated in this Act for maintenance and repair 
of facilities and installations shall not be available for acquisition 
of new facilities, or alteration, expansion, extension, or addition of 
existing facilities, as defined in Department of Defense Directive 
7040.2, dated January 18, 1961, in excess of $75,000: Provided, 
That 
the Secretary of Defense may amend or change the said directive 
during the current fiscal year, consistent with the purpose of this 
section. 
SEC. 833. 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 
transfer may not be used unless for higher priority items, based on 
unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which funds are 
requested has been denied by Congress: Provided 
further. 
That the 
Civil reserve 
air fleet. 
Civilian clothing. 
Defense 
contractors' 
advertising costs, 
limitation. 
New facilities, 
limitation. 
Funds, transfer. 
Notice to 
Congress. 
91 STAT. 906 
PUBLIC LAW 95-111—SEPT. 21, 1977 
Contract 
payments in 
foreign countries. 
Working capital 
fund. 
Transfers. 
Notification 
to G)ngress. 
Prime contractors, 
report. 
10 u s e 2304 
note. 
Annual report 
to Congress. 
Convicted 
rioters. 
Campus 
disrupters. 
Heating plant 
conversion. 
Involuntary 
experimental 
subjects. 
Secretary of Defense shall notify the Congress promptly of all 
transfers made pursuant to this authority. 
SEC. 834. 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. 835. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided^ That transfers may be made 
between such funds in such amounts as may be determined by the Sec-
retary of Defense, with the approval of the Office of Management and 
Budget, except that transfers between a stock fund account and an 
industrial fund account may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds 
in this Act, no obligations may be made against a working capital fund 
to procure war reserve material inventory, unless the Secretary of 
Defense has notified the Congress prior to any such obligation. 
SEC. 836. (a) The Secretary of Defense shall require all prime con-
tractors receiving contract awards of $500,000 or more from the 
Department of Defense to file a report with the Secretary at the end 
of the year showing the amount of Department of Defense work (in 
terms of dollars) each such contractor had performed by subcon-
tractors during such year and to identify the State or States in which 
each subcontractor performed the work subcontracted to it. 
(b) The Secretary of Defense shall submit a report annually to the 
Congress showing, on a State-by-State basis, the total amount of 
Department of Defense funds paid to subcontractors, during the year 
for which the report is submitted, by the prime contractors described 
in subsection (a). 
SEC. 837. 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 inciting, 
promoting, or carrying on a riot, or any group activity resulting in 
material damage to property or injury to persons, found to be in viola-
tion of Federal, State, or local laws designed to protect persons or 
property in the community concerned. 
SEC. 838. 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 appli-
cant 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 
institution of higher education to prevent officials or students at such 
an institution from engaging in their duties or pursuing their studies. 
SEC. 839. 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. 840. None of the funds appropriated by this Act shall be avail-
able for any research involving uninformed or nonvoluntary human 
beings as experimental subjects. 
SEC. 841. Appropriations for the current fiscal year for operation 
and maintenance of the active forces shall be available for medical 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 907 
and dental care of personnel entitled thereto by law or regulation 
(including charges of private facilities for care of military personnel, 
except elective private treatment); welfare and recreation; hire of 
passenger motor vehicles; repair of facilities; modification of personal 
property; design of vessels; industrial mobilization; installation of 
equipment in public and private plants; military communications facil-
ities on merchant vessels; acquisition of services, special clothing, sup-
plies, and equipment; and expenses for the Reserve Officers' Training 
Corps and other units at educational institutions. 
SEC. 842. No part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropriations for the 
reprogramming of funds, unless for higher priority items, based on 
unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which reprogramming 
is requested has been denied by the Congress. 
SEC. 843. 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. 844. 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 communicated 
back to the physician who made such referral; (b) special education, 
except when provided as secondary to the active psychiatric treatment 
on an institutional inpatient basis; (c) therapy or counseling for sex-
ual dysfunctions or sexual inadequacies; (d) treatment of obesity 
when obesity is the sole or major condition treated; or (e) reconstruc-
tive surgery justified solely on psychiatric needs including, but not 
limited to, mammary augmentation, face lifts, and sex gender changes; 
(f) reimbursement of any physician or other authorized individual 
provider of medical care in excess of the seventy-fifth percentile of 
the customary charges made for similar services in the same locality 
where the medical care was furnished; or (g) any service or supply 
which is not medically or psychologically necessary to diagnose and 
treat a mental or physical illness, injury, or bodily malfunction as 
diagnosed by a physician, dentist, or a clinical psychologist, as appro-
priate, except as authorized by section 1079(a) (4) of Title 10, United 
States Code. 
SEC. 845. 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. 846. None of the funds appropriated in this Act shall be avail-
able 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. 
SEC. 847. None of the funds appropriated by this Act shall be avail-
able to pay any member of the uniformed service for unused accrued 
leave pursuant to section 501 of title 37, United States Code, for more 
Funds, 
reprogramming. 
Health program, 
limitations. 
Unused accrued 
leave. 
91 STAT. 908 
PUBLIC LAW 95-111—SEPT. 21, 1977 
Claim payments. 
Report to 
Congress. 
Enlisted aides, 
limitation. 
Public affairs 
activities. 
22 
use 
2777. 
22 
use 
2761. 
Base operating 
support 
functions. 
Medical care. 
than sixty days of such leave, less the number of days for which 
payment was previously made under section 501 after February 9, 
1976. 
SEC. 848. 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. 849. 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. 850. No appropriation contained in this Act may be used 
to pay for the cost of public affairs activities of the Department of 
Defense in excess of $25,000,000. 
SEC. 851. None of the funds provided in this Act shall be available 
for the planning or execution of programs which utilize amounts 
credited, during the current fiscal year, to Department of Defense 
appropriations or funds pursuant to the provisions of section 37(a) of 
the Arms Export Control Act representing payment for the actual 
value of defense articles specified in section 21(a)(1) of that Act: 
Provided^ 
That such amounts so credited shall be deposited in the 
Treasury as miscellaneous receipts as provided in 31 U.S.C. 484. 
SEC. 852. (a) None of the funds appropriated by this Act may be 
used to (1) convert base operating support functions, excluding real 
property maintenance and repair, to commercial contract during the 
period October 1, 1977, through September 30, 1978, or (2) to fund 
continued performance during fiscal year 1978 of base operating 
support contracts, excluding real property maintenance and repair, 
awarded between the date of enactment of this Act and September 30, 
1977, which convert base operating support activities performed by 
employees of the Government of the United States to commercial 
contract. 
(b) None of the funds appropriated by this Act may be obligated 
for commercial contracts to be physically performed at an installa-
tion or facility including leased facilities for the following types of 
work: (1) weapons system engineering and logistical support; (2) 
ship, aircraft, missile, automotive and tracked vehicle intermediate 
level maintenance or depot maintenance; or (3) research, develop-
ment, test, and evaluation, if the work to be physically performed at 
an installation or facility during fiscal year 1978 by commercial con-
tracts would result in a reduction of employees of the Government 
of the United States at that installation or facility. 
SEC. 853. None of the funds appropriated by this Act or available 
in any working capital fund of the Department of Defense shall be 
available to pay the expenses attributable to lodging of any person 
on official business away from his designated post of duty, or in the 
case of an individual described under section 5703 of title 5, United 
States Code, his home or regular place of duty, when adequate govern-
ment quarters are available, but are not occupied by svich person. 
SEC. 854. During the current fiscal year, for the purpose of conducting 
a test to evaluate a capitation approach to providing medical care 
and to that end for the purpose of providing adequate funds in Depart-
ment of Defense Medical Regions 1 and 9 for medical care, including 
the expenses of the Civilian Health and Medical Program of the 
TTniformed Services, funds available to the Department of Defense in 
the appropriation "Operation and Maintenance, Defense Agencies" 
for expenses of the Civilian Health and Medical Program of the 
PUBLIC LAW 95-111—SEPT. 21, 1977 
91 STAT. 909 
Uniformed Services may be transferred to appropriations available 
to the military departments for operation and maintenance, and funds 
available to the military departments for operation and maintenance 
may be transferred between such appropriations: Provided^ That funds 
transferred pursuant to this authority shall be merged with and 
made available for the same purpose as the appropriation to which 
transferred: Provided further^ That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to this 
authority: Provided further^ That transfer authority provided herein 
shall be in addition to that provided in section 833 of this Act. 
SEC. 855. Effective October 1, 1977, no appropriation contained in 
this Act shall be available to fund any costs of a Senior Reserve 
Officers' Training Corps unit—except to complete training of person-
nel enrolled in Military Science 4—which in its junior year class 
(Military Science 3) has for the four preceding academic years, and as 
of September 30,1977, enrolled less than (a) seventeen students where 
the institution prescribes a four-year or a combination four- and 
two-year program; or (b) twelve students where the institution pre-
scribes a two-year program: Provided^ That, notwithstanding the 
foregoing limitation, funds shall be available to maintain one Senior 
Reserve Officers' Training Corps unit in each State and at each 
State-operated maritime academy: Provided further^ That units under 
the consortium system shall be considered as a single unit for purposes 
of evaluation of productivity under this provision. 
SEC. 856. (a) None of the funds appropriated by this Act shall be 
available to pay the retainer pay of any enlisted member of the Regu-
lar Navy, the Naval Reserve, the Regular Marine Corps, or the Marine 
Corps Reserve who is transferred to the Fleet Reserve or the Fleet 
Marine Corps Reserve under section 6330 of title 10, United States 
Code, on or after December 31, 1977, if the provisions of section 6330 
(d) of title 10, are utilized in determining such member's eligibility 
for retirement under section 6330(b) of title 10: Provided^ That 
notwithstanding the foregoing, time creditable as active service for a 
completed minority enlistment, and an enlistment terminated within 
three months before the end of the term of enlistment under section 
6330(d) of title 10, prior to December 31, 1977, may be utilized in 
determining eligibility for retirement. 
(b) None of the funds appropriated by this Act shall be available 
to pay that portion of the retainer pay of any enlisted member of the 
Regular Navy, the Naval Reserve, the Regular Marine Corps, or the 
Marine Corps Reserve who is transferred to the Fleet Reserve or the 
Fleet Marine Corps Reserve under section 6330 of title 10, United 
States Code, on or after December 31, 1977, which is attributable 
under section 6330(d) of title 10 to time w^hich, after December 31, 
1977, is not actually served hy such member. 
SEC. 857. None of the funds appropriated in this Act for programs 
of the Central Intelligence Agency shall remain available for obliga-
tion beyond the current fiscal year. 
SEC. 858. None of the funds appropriated in this Act may be used for 
the consolidation or realignment of advanced undergraduate pilot 
training squadrons of the Navy as currently proposed by the Depart-
ment of Defense. 
SEC. 859. None of the funds provided by this Act may be used to pay 
the salaries of any person or persons who authorize the transfer of 
unobligated and deobligated appropriations into the Reserve for 
Contingencies of the Central Intelligence Agency. 
Transfers, notice 
to Congress. 
Senior ROTC 
unit, limitation. 
Effective date. 
Enlisted members, 
transfer; 
retainer pay. ^ 
CIA programs, 
fiscal year 
limitation. 
Pilot training 
squadrons. 
91 STAT. 910 
PUBLIC LAW 95-111—SEPT. 21, 1977 
SEC. 860. The appropriation, "Shipbuilding and Conversion, Navy", 
which would expire for obligation on September 30,1977, shall remain 
available for obligation until September 30, 1979. 
SEC. 861. None of the funds appropriated in this Act may be used 
to support more than 10,201 full-time and 2,603 part-time military per-
sonnel assigned to or used in the support of Morale, Welfare and 
Eecreation activities as described in Department of Defense Instruc-
tion 7000.12 and its enclosures, dated July 17,1974. 
TITLE IX 
EELATED AGENCIES 
INTELLIGENCE COMMUNITY STAFF 
For necessary expenses for the Intelligence Community Staff, 
$8,950,000. 
PAYMENT TO THE CENTRAL INTELLIGENCE AGENCY KETIEEMENT AND 
DISABILITY FUND 
For payment to the Central Intelligence-Agency Eetirement and 
Disability Fund, to maintain proper funding level for continuing the 
operation of the Central Intelligence Agency Eetirement and Dis-
ability System, $35,100,000. 
OFFICE OF FEDERAL PROCUREMENT POLICY 
For expenses of the Office of Federal Procurement Policy, 
$1,000,000: Provided^ That upon enactment of this Act, this amount 
shall be transferred to and merged with appropriations provided 
under the same head in the Treasury, Postal Service and General Gov-
ernment Appropriations Act, 1978. 
Short title. 
This Act may be cited as the "Department of Defense Appropria-
tion Act, 1978". 
Approved September 21, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-451 (Comm. on Appropriations) and No. 95-565 (Comm. of 
Conference). 
SENATE REPORT No. 95-325 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
June 24, 28, 30, considered and passed House. 
July 18, 19, considered and passed Senate, amended. 
Sept. 8, House agreed to conference report; receded and concurred in Senate 
amendments with amendments. 
Sept. 9, Senate agreed to conference report and concurred in House amendments.