Department of Defense Appropriation Authorization Act
PL 95-79 (H.R.5970), enacted 07/30/1977

PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 323 
Public Law 95-79 
95th Congress 
An Act 
To authorize appropriations during the fiscal year 1978, for procurement 
of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and 
other weapons, and research, development, test, and evaluation for the 
Armed Forces, and to prescribe the authorized personnel strength for each 
active duty component and of the Selected Reserve of each Reserve compo-
nent of the Armed I'orces and of civilian personnel of the Department of 
Defense, to authorize the military training student loads, and to authorize 
appropriations for civil defense, and for other purposes. 
Be it enacted hy the Senate and House of Representatwes of the 
United States of America in Congress assertihled, 
TITLE I—PROCUREMENT 
SEC. 101. Funds are hereby authorized to be appropriated during 
the fiscal year 1978 for the use of the Armed Forces of the United 
States for procurement of aircraft, missiles, naval vessels, tracked 
combat vehicles, torpedoes, and other weapons, as authorized by law, 
in amounts as follows: 
AIRCRAFT 
For aircraft: for the Army, $682,600,000; for the Navy and the 
Marine Corps, $3,499,800,000; for the Air Force," $7,918,500,000, of 
which $3,000,000 may be obligated and expended only for converting 
an existing A-7D aircraft to a two-seat trainer version of such air-
craft. 
MISSILES 
For 
missiles: for 
the Army, $562,700,000; for the Navy, 
$1,865,500,000; for the Marine Corps, $110,600,000; for the Air Force, 
$1,826,700,000. 
NAVAL VESSELS 
For naval vessels: for the Navy, $6,191,200,000. 
TRACKED COMBAT VEHICLES 
For tracked combat vehicles: for the Army, $1,441,300,000; for the 
Marine Corps, $74,800,000. 
TORPEDOES 
For torpedoes and related support equipment: 
$326,700,000. 
OTHER WEAPONS 
for the Navy, 
For other purposes: for the Army, $96,000,000; for the Navy, 
$114,600,000; for the Marine Corps, $2,400,000. 
TITLE 
II—RESEARCH, 
DEVELOPMENT, 
TEST, 
AND 
EVALUATION 
SEC. 201. Funds are hereby authorized to be appropriated during 
the fiscal year 1978 for the use of the Armed Forces of the United 
States for research, development, test, and evaluation, as authorized 
by law, in amounts as follows: 
For the Army, $2,441,782,000; 
July 30, 1977 
[H.R. 5970] 
Department of 
Defense 
Appropriation 
Authorization 
Act, 1978. 
91 STAT. 324 
PUBLIC LAW 95-79—JULY 30, 1977 
For the Navy (including the Marine Corps), $3,844,518,000; 
of which $20,141,000 shall be available only for research and 
development of an extremely low frequency (ELF) system, and 
none of which shall be available for full-scale development or 
construction of a new test bed for such system; and of which no 
more than $40,000,000 shall be used for research and development 
relating to the CVV, VSS, and DD-963(H) ship development 
programs; but none of the funds authorized by this title may be 
obligated or expended for the CVV, VSS or DD-963 (H) program 
except for the purpose of conducting comprehensive evaluation 
studies of the costs and combat effectiveness of sea based aircraft 
platforms for both the short and long term needs of the Navy. 
Such studies shall include, but not be limited to, nuclear aircraft 
carriers, new design medium aircraft carriers (CVV), the refitting 
of existing aircraft carriers (Midway and other classes), and 
various types of VSTOL aviation ships (including VSS). The 
Secretary of the Navy shall take such actions as are required to 
insure that such studies are sufficientlv advanced with respect to 
a Nimitz class aircraft carrier, a CVV, a VSTOL aviation ship, 
and a DD-963 (H) so that any of such ships may be authorized in 
fiscal year 1979. This section shall not be construed as constituting 
an authorization for a CVN, a CVV, or a VSS ship. 
For the Air Force, $3,824,170,000, of which $15,700,000 may be 
obligated and expended only for the North Atlantic Treaty Orga-
nization Airborne Warning and Control System (AWACS) 
program, but such $15,700,000 may not be obligated or expended 
until at least one member country of the North Atlantic Treaty 
Organization (other than the United States) enters into a con-
tract to purchase the AWACS aircraft. 
For the defense agencies, $777,210,000, of which $25,000,000 is 
authorized for the activities of the Director of Test and Evalu-
ation, Defense; 
For the Director of Defense Research and Engineering, 
$401,051,000. 
SEC. 202. (a) The funds authorized to be appropriated under sec-
tion 201 for the Director of Defense Research and Engineering during 
fiscal year 1978 shall be obligated only for the following purposes: 
(1) An amount not to exceed $349,000,000 for the development 
of a cruise missile capable of being launched from a ship or from 
a submarine, with emphasis to be placed on early deployment of 
an antiship cruise missile, for the continued development of the 
Air Force AGM-86 air-launched cruise missile, and for the devel-
opment of a ground-launched cruise missile. 
Plan, submittal to 
(2) An amount not to exceed $52,051,000 for 5-inch and 155-
congressional 
millimeter guided projectiles, but no funds for such purpose shall 
committees. 
^^ obligated until the Secretary of Defense submits a plan to the 
Committees on Armed Services of the Senate and House of Rej)-
resentatives providing (A) for the immediate conduct of engi-
neering development of the 155-millimeter guided projectile 
and of the current Navy 5-inch guided projectile which shall pro-
vide for maximum implementation of common components for 
such projectiles and an initial operational capability for both such 
projectiles before January 1, 1980, and (B) for the immediate 
conduct of an effort by the Army and the Navy, to be performed 
by personnel of the Department of Defense, to validate the tech-
nical data packages for such projectiles to insure that such pack-
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 325 
ages are adequate for manufacture of such projectiles by a source 
j ; 
other than the developer. 
(b) Competitive cruise missile development programs shall continue 
until the Secretary of Defense certifies to the Committees on Armed 
Services of the Senate and House of Representatives that (1) a single 
airframe for the cruise missile can be selected which meets all opera-
tional requirements, and (2) cost data clearly establish that termina-
tion of the competitive cruise missile development programs will 
result in lower development and procurement costs for the cruise 
missile. 
SKC. 208. Of the funds authorized to be appropriated under section Design 
201 for the Navy (including the Marine Corps) for research, develop- specifications, 
ment, test, and evaluation, an amount not to exceed $3,894,000 shall 
be available only for (1) defining a set of design specifications for the 
Shipboard Intermediate Range Combat System (SIRCS) program, 
and (2) conducting an open competition, to be conducted after such 
design specifications have been defined and to be based on such 
specifications, to select a contractor or contractors for the advanced 
development phase of such program. In developing such design speci-
fications, the Secretary of the Navy shall include the best features of 
the designs developed by the three contractors which have been 
selected for the program before the date of enactment of this Act and 
such other features as the Secretary considers appropriate. A con-
tract entered into under the competition required by this section may 
be for development of the entire system or for development of any 
independent subsystem of the system. 
-* 
SEC. 204. No funds authorized to be appropriated under section 201 
shall be obligated for the fabrication of hardware required to accom-
modate a specific 120-millimeter gun in the XM-1 tank turret or for 
the installation of a 120-millimeter gun in an XM-1 tank full-scale 
engineering-development vehicle unless and until— 
(1) comparative testing of the 105-millimeter gun system with 
the candidate 120-millimeter gun systems of the United Kingdom 
and the Federal Republic of Germany is completed, if the gun 
systems of such countries are available for testing as currently 
scheduled; 
(2) the test results of such comparative testing are evaluated by 
the Secretary of the Army; 
(3) the Secretary of the Army makes a recommendation to the 
Congress, which shall be submitted no later than February 1,1978, 
consistent with such test results and evaluations for development 
and procurement of a specific 120-millimeter XM-1 tank main 
gun; and 
(4) thirty days, excluding periods of recess of more than three 
days by either House of Congress, elapse from the date on which 
the Secretary of the Army submits a recommendation under 
paragraph (3). 
SEC. 205. The Secretary of the Army shall submit to the Committees Plan, submittal to 
on Armed Services of the Senate and House of Representatives, no Congress, 
later than February 1, 1978, a plan for the funding and scheduling 
necessary to incorporate by October 1, 1980, collective system protec-
tion against chemical and radiological agents for all main battle tanks, 
mechanized infantry combat vehicles, armored personnel carriers, 
armored self-propelled artillery vehicles, armored self-propelled air 
defense artillery vehicles, and other such types of equipment associated 
with the above in combat operations which will be in development 
-
or procurement in fiscal year 1981. 
Recommendation, 
submittal to 
Congress. 
91 STAT. 326 
PUBLIC LAW 95-79—JULY 30, 1977 
SEC. 206. (a) The Secretary of the Army shall not obligate any funds 
authorized to be appropriated under this or any other Act for the 
improvement of the M-139 gun as an interim weapon system for use 
on the Mechanized Infantry Combat Vehicle (MICV). 
(b) The Secretary of the Army shall structure the development 
program for the Mechanized Infantry Combat Vehicle (MICV) to 
provide for initiation of production of such vehicle not later than 
May 31, 1981. 
TITLE III—ACTIVE FORCES 
SEC. 301. For the fiscal year beginning October 1, 1977, and ending 
September 30,1978, each component of the Armed Forces is authorized 
an end strength for active duty personnel as follows: 
(1) The Army, 787,000; 
(2) The Navy, 535,800; 
(3) The Marine Corps, 191,500; 
(4) The Air Force, 570,800. 
;SEC. 302. (a)(1) Section 201 of title 37, United States Code, 
relating to general rules for assignment to pay grades, is amended— 
(A) by striking out subsection (c) ; and 
(B) by redesignating subsections (d), (e), (f), and (g) as 
subsections (c), (d), (e), and (f), respectively. 
37 use 203. 
(2) Section 203 of such title, relating to rates of basic pay for 
members of the uniformed services, is amended by adding at the end 
thereof the following new subsection: 
"(c)(1) A cadet at the United States Military Academy, the 
United States Air Force Academy, or the Coast Guard Academy, or a 
midshipman at the United States Naval Academy, is entitled to 
monthly cadet pay, or midshipman pay, at the rate of $313.20. 
"(2) The rate of monthly cadet pay, or midshipman pay, under 
this subsection shall be adjusted in the manner and at the time the 
monthly basic pay of members of the uniformed services is adjusted 
37 use 1009. 
under section 1009 of this title.". 
37 use 209. 
(3) (A) Section 209(c) of such title is amended to read as follows: 
"(c) Each cadet or midshipman in the Senior Reserve Officers' 
Training Corps, while he is attending field training or practice cruises 
under section 2109 of title 10, and each applicant for membership in 
the Senior Reserve Officers' Training Corps, while he is attending field 
training or practice cruises to satisfy the requirements of section 
2104(b)(6)(B) of title 10 for admission to advanced training, is 
entitled, while so attending, to pay at the rate prescribed for cadets 
and midshipmen at the United States Military, Naval, and Air Force 
Supra. 
Academies under section 203(c) of this title.". 
(B) The heading of such section 209 is amended to read as follows: 
"§209. Members of precommissioning programs*'. 
(C) The item relating to section 209 in the analysis of chapter 3 
of such title is amended to read as follows: 
"209. Members of precommissioning programs.". 
(4) Section 555 of title 10, United States Code, is amended by 
striking out "section 201(d)" and inserting in lieu thereof "section 
201(c)". 
37 use 203 note. 
(b) Any cadet or midshipman who, on the date of enactment of this 
Act, or on any date thereafter, is— 
(1) admitted to the United States Military Academy, the 
United States Naval Academy, the United States Air Force 
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 327 
Ante, p. 326. 
Academy, or the Coast Guard Academy, as the case may be, or 
(2) enrolled in the Senior Eeserve Officers" Training Corps 
program and attending a field training encampment or practice 
cruise for which he is entitled to pay under section 209(c) of 
title 37, United States Code, 
shall, if otherwise entitled, receive the rate of pay prescribed by sec-
tion 201(c) of title 37, United States Code, as in effect on the day 
before the date of enactment of this Act, until the rate of pay author-
ized by section 203(c) of such title, as added by the amendments made Ante., p. 326. 
by subsection (a) of this section, is equal to or greater than the rate 
prescribed by section 201(c) of such title, as in effect on the day 
before the date of enactment of this Act. Thereafter, the rate of pay 
of such person shall be as prescribed by section 203(c) of such title, as 
added by the amendments made by subsection (a) of this section, or 
section 209(c) of such title, as amended by subsection (a) of this sec-
tion, as appropriate. 
(c) A person who, on the date of enactment of this Act, is an appli-
cant for membership in the Senior Reserve Officers' Training Corps 
and who, in order to satisfy the requirement of section 2104(b) (6) (B) 
of title 10, United States Code, is attending or will attend one of the 
field training encampments or practice cruises in a field training or 
practice cruise period Avhich is in progress on the date of enactment 
of this Act, is entitled to continue to receive pay at the rate prescribed 
by such section as in effect on the day before the date of enactment of 
this Act while such person is attending such field training or practice 
cruise period in progress on the date of enactment of this Act. There-
after, the entitlement of such person shall be as prescribed in sub-
section (b) of this section. 
SEC. 303. For the purpose of promoting equality and expanding job 
opportunities for the female members of the Armed Forces, the Secre-
tary of Defense shall Avithin six months from the enactment of this 
section, submit to the Congress a definition of the term "combat", 
together with recommendations on expanding job classifications to 
which female members of the armed services may be assigned, and 
recommendations on any changes in law necessary to implement these 
recommendations. 
Definition and 
recommenda-
tions, submittal to 
Congress. 
TITLE IV—RESERVE FORCES 
SEC. 401. (a) For the fiscal year beginning October 1, 1977, and 
ending September 30, 1978, the Selected Reserve of each Reserve 
component of the Armed Forces shall be programed to attain an 
average strength of not less than the following: 
(1) The Army National Guard of the United States, 382,000; 
(2) The Army Reserve, 211,300; 
(3) The Naval Reserve, 87,000; 
(4) The Marine Corps Reserve, 32,400 ; 
(5) The Air National Guard of the United States, 92,500; 
(6) The Air Force Reserve, 52,000; 
(7) The Coast Guard Reserve, 11,70€. 
(b) The average strength prescribed by subsection (a) of this sec-
tion for the Selected Reserve of any Reserve component shall be pro-
portionately reduced by (1) the total authorized strength of units 
organized to serve as units of the Selected Reserve of such component 
which are on active duty (other than for training) at any time during 
the fiscal year; and (2) the total number of individual members not 
Reduction. 
91 STAT. 328 
PUBLIC LAW 95-79—JULY 30, 1977 
in units organized to serve as units of the Selected Reserve of such 
component wlio are on active duty (other than for training or for 
unsatisfactory participation in training) without their consent at 
any time during the fiscal year. Whenever such units or such individual 
members are released from active duty during any fiscal year, the 
average strength prescribed for such fiscal year for the Selected 
Reserve of such Reserve component shall be proportionately increased 
by the total authorized strength of such units and by the total number 
of such individual members. 
SEC. 402. (a) Part III of subtitle A of title 10, United States Code, 
relating to training, is amended by adding after chapter 105 the follow-
ing new chapter: 
"Chapter 
106.—EDUCATIONAL 
ASSISTANCE 
FOR 
EN-
LISTED MEMBERS OF THE SELECTED RESERVE OF 
THE READY RESERVE 
10 use 2131. 
"Accredited 
institution." 
"Sec. 
"2131. Educational assistance program : establishment; amount. 
"2132. Eligibility for educational assistance. 
"2133. Termination of assistance ; refund by member. 
"2134. Reports to Congress. 
"2135. Termination of program. 
v 
\ 
"§2131. Educational assistance program: establishment; amount 
"(a) To encourage enlistments in units of the Selected Reserve of 
the Ready Reserve, the Secreary of each military department, under 
regulations prescribed by the Secretary of Defense, and the Secretary 
of Transportation, under regulations prescribed by him with respect 
to the Coast Guard when it is not operating as a service in the Navy, 
may establish and maintain a program to provide educational assist-
ance to enlisted members of the Selected Reserve of the Ready Reserve 
of the armed force under his jurisdiction. 
"(b)(1) An educational assistance program established under 
subsection (a) shall provide for payment by the Secretary concerned 
of 50 percent of tlie educational expenses incurred by a member for 
instruction at an accredited institution. Expenses for which payment 
may be made under this section include tuition, fees, books, laboratory 
fees, and shop fees for consumable materials used as part of classroom 
or shop instruction. Payments under this section shall be limited to 
those educational expenses normally incurred by students at the insti-
tution involved. 
"(2) To receive assistance under this section, a member nmst be 
eligible for such assistance under section 2132 and must submit an 
application for such assistance in such form and manner as the Secre-
tary concerned shall prescribe and be approved for such assistance by 
the Secretary concerned. 
"(c) Educational assistance may be provided to a member under 
this section until the member completes a course of instruction required 
for the award of a baccalaureate degree, or the equivalent evidence of 
completion of study, by an accredited institution, but the amount of 
educational assistance provided a member under this section may not 
exceed $500 in any twelve-month period, nor a total of $2,000. 
"(d) For purposes of this section, the term 'accredited institution' 
means a civilian college, university, or trade, technical, or vocational 
school in the United States (including the District of Columbia, Puerto 
Rico, Guam, and the Virgin Islands) that provides education at the 
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 329 
postsecondary level and that is accredited by a nationally recognized 
accrediting agency or association or by an accrediting agency or asso-
ciation recognized by the Commissioner of Education, Department of 
Health, Education, and Welfare. 
"§2132. Eligibility for educational assistance 
10 USC 2132. 
"(a) To be eligible for educational assistance under section 2131, a 
member must not be serving on active duty for more than thirty days 
and must— 
? ? < 
"(1) be an enlisted member of the Selected Reserve of the 
Ready Reserve of an armed force; 
"(2) have initially enlisted as a Reserve for service in a unit 
of the Selected Reserve of a reserve component after September 30, 
1977; 
" (3) never have served in an armed force before such enlistment; 
" (4) at the time of such enlistment have executed an agreement Agreement, 
as prescribed by subsection (b); 
" (5) be a graduate from secondary school; 
"(6) have completed the initial period of active duty for train-
ing required of such member; 
"(7) if the member is assigned to a unit, be participating satis-
factorily in training with such unit; and 
" (8) have served less than eight years as a Reserve. 
"(b) (1) An agreement referred to in subsection (a) (4) shall be in 
writing and shall provide that if the member accepts educational 
assistance under section 2131, the period of enlistment of such member 
shall be automatically extended by two years and if the member is 
discharged for the purpose of accepting an appointment as an oiScer, 
the member shall remain a member of the Ready Reserve until the 
eighth anniversary of such enlistment. 
, , 
"(2) A member who enlists after September 30, 1977, but before 
regulations to carry out this chapter are promulgated shall be eligible 
for educational assistance under section 2131 if he is otherwise eligible 
for such assistance under subsection (a) and if he executes an agree-
ment as described in paragraph (1) not later than one year after the 
date on which regulations to carry out this chapter are first 
promulgated. 
"(c) Educational assistance being provided a member under section 
2131 may be continued to a member who otherwise continues to qualify 
for such assistance if such member— 
" (1) is discharged in order to accept an immediate appointment 
as an oiScer in the Ready Reserve; or 
"(2) is no longer a member of the Selected Reserve, if such 
member is a member of the Ready Reserve and has served at least 
six years in the Selected Reserve of the Ready Reserve. 
"§2133. Termination of assistance; refund by member 
10 USC 2133. 
"(a) Educational assistance being provided a member under section 
2131 shall be terminated if— 
"(1) the member fails to participate satisfactorily in training 
with his unit, if he is a member of a unit; 
"(2) the member is separated from his armed force, unless he 
is separated in order to accept an immediate appointment as an 
officer in the Ready Reserve; 
" (3) the member completes eight years of service; or 
" (4) the member receives financial assistance under section 2107 
as a member of the Senior Reserve Officers' Training Corps. 
91 STAT. 330 
PUBLIC LAW 95-79—JULY 30, 1977 
"(b) A member who fails to participate satisfactorily in training 
with his unit, if he is a member of a unit, shall refund the amount of 
all educational assistance received by such member under section 2131 
unless the failure to participate in training was due to reasons beyond 
the control of the member. Any refund made by a member under this 
subsection shall not affect the period of obligation of such member to 
serve as a Reserve. 
10 use 2134. 
"§2134. Reports to Congress 
"The Secretary of Defense shall submit a report to the Congress 
every three months stating the number of members of the Selected 
Reserve of the Ready Reserve receiving educational assistance under 
this chapter at the time of such report and listing each unit of the 
Selected Reserve of the Ready Reserve to which any such member 
is assigned at the time of such report. The first such report shall be 
submitted not later than December 31,1977. 
10 use 2135. 
«§ 2135. Termination of program 
"No educational assistance may be provided under this chapter to 
any person enlisting as a Reserve after September 30,1978.". 
(b) The tables of chapters at the beginning of subtitle A of title 10, 
United States Code, and at the beginning of part III of such subtitle 
are amended by inserting after the item relating to chapter 105 the 
following new item: 
"106. Educational Assistance for Enlisted Members of the Selected Reserve 
of the Ready Reserve 
2131". 
SEC. 403. (a)(1) Chapter 5 of title 37, United States Code, is 
amended by inserting after section 308a of such chapter the following 
new section: 
37 use 308b. 
"§ 308b. Special pay: reenlistment bonus for members of the 
Selected Reserve 
" (a) An enlisted member of a reserve component who— 
"(1) initially enlisted in a reserve component (other than an 
enlistment in a reserve component under the delayed enlistment 
program for the active forces) ; 
" (2) has completed less than ten years of service as a member 
of a reserve component; and 
" (3) reenlists or voluntarily extends his enlistment for a period 
of three years or for a period of six years in a designated 
military skill, or in a designated unit, in the Selected Reserve 
of the Ready Reserve of an armed force; 
may be paid a bonus as provided in subsection (b). 
"(b) The bonus to be paid under subsection (a) shall be— 
"(1) an initial payment of— 
,, 
"(A) $450, in the case of a member who reenlists or vol-
untarily extends his enlistment for a period of three years; 
I 
or 
"(B) $900, in the case of a member who reenlists or vol-
H
= 
untarily extends his enlistment for a period of six years; 
and 
"(2) a subsequent payment of $150 upon the completion of 
each year of the period of such reenlistment or extension of 
enlistment during which such member has satisfactorily partici-
pated in training with his unit. 
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 331 
"(c) No member shall be paid more than one bonus under this 
section. 
"(d) A member who fails to participate satisfactorily in training 
with his unit during a term of enlistment for which a bonus is being 
paid to him under this section shall refund an amount equal to the 
amount by which the amount of such bonus exceeds the product of— 
"(1) the number of months during that term of enlistment 
during which such member participated satisfactorily in train-
ing with his unit; and 
"(2) $25. 
"(e) The Secretary of Defense shall submit a report to the Congress Report to 
every three months listing the units of the Selected Eeserve of the Congress. 
Ready Reserve which have been designated by him for purposes of 
subsection (a)(3) and stating the number of members of the Selected 
Reserve of the Ready Reserve who at the time of such report are 
serving a term of enlistment for which a bonus is being paid under 
this section. The first such repoit shall be submitted not later than 
December 31, 1977. 
"(f) This section shall be administered under regulations prescribed Regulations, 
by the Secretary of Defense for the armed forces under his jurisdiction 
and by the Secretary of Transportation for the Coast Guard when it 
is not operating as a service in the Navy. 
"(g) No bonus may be paid under this section to any enlisted mem-
ber who, after September 30, 1978, reenlists or voluntarily extends his 
enlistment in a reserve component.". 
(2) The analysis of chapter 5 of title 37, United States Code, is 
amended by inserting after the item relating to section 308a the fol-
lowing new item: 
"308b. Special pay: reenlistment bonus for members of the Selected Reserve.", 
(b) The amendments made by subsection (a) shall apply with 
respect to any reenlistment, or voluntary extension of an enlistment, in 
the Selected Reserve of any reserve component of the Armed Forces 
after September 30,1977. 
Effective date. 
37 use 308b 
note. 
TITLE V—CIVILIAN PERSONNEL 
SEC. 501. (a) For the fiscal year beginning October 1,1977, and end-
ing September 30, 1978, the Department of Defense is authorized an 
end strength for civilian personnel of 1,018,600. 
(b) The end strength for civilian personnel prescribed in subsection 
(a) of this section shall be apportioned among the Department of 
the Army, the Department of the Navy, including the Marine Corps, 
the Department of the Air Force, and the agencies of the Department 
of Defense (other than the military departments) in such numbers as 
the Secretary of Defense shall prescribe. The Secretary of Defense 
shall report to the Congress within 60 days after the date of enactment 
of this Act on the manner in which the initial allocation of civilian 
personnel is made among the military departments and the agencies 
of the Department of Defense (other than the military departments) 
and shall include the rationale of each allocation. 
(c) In computing the authorized end strength for civilian personnel 
there shall be included all direct-hire and indirect-hire civilian person-
nel employed to perform military functions administered by the 
Report to 
Congress. 
91 STAT. 332 
PUBLIC LAW 95-79—JULY 30, 1977 
Personnel 
increase, 
limitation. 
Notification to 
Congress. 
Department of Defense (other than those performed by the National 
Security Agency) whether employed on a full-time, part-time, or inter-
mittent basis, but excluding special employment categories for stu-
dents and disadvantaged youth such as the stay-in-school campaign, 
the temporary summer aid program and the Federal junior fellow-
ship program and personnel participating in the worker-trainee 
opportunity program. Whenever a function, power, duty, or activity is 
transferred or assigned to a department or agency of the Department 
of Defense from a department or agency outside of the Department of 
Defense, or from another department or agency within the Department 
of Defense, the civilian personnel end strength authorized for such 
departments or agencies of the Department of Defense affected shall be 
adjusted to reflect any increases or decreases in civilian personnel 
required as a result of such transfer or assignment. 
(d) When the Secretary of Defense determines that such action is 
necessary in the national interest, he may authorize the employment 
of civilian personnel in excess of the number authorized by subsection 
(a) of this section but such additional number may not exceed 
11/4 percent of the total number of civilian personnel authorized for 
the Department of Defense by subsection (a) of this section. The 
Secretarv of Defense shall promptly notify the Congress of an author-
ization to increase civilian personnel strength under the authority of 
this subsection. 
TITLE VI—MILITARY TRAINING STUDENT LOADS 
SEC. 601. (a) For the fiscal year beginning October 1, 1977, and 
ending September 30, 1978, each component of the Armed Forces is 
authorized an average military training student load as follows: 
(1) The Army, 77.711; • 
(2) The Navv, 60,767; 
(3) The Marine Corps, 24,020; 
' = 
(4) The Air Force, 50,356: 
(5) The Armv National Guard of the United States, 16,606; 
(6) The Armv Reserve, 11,136 J 
(7) The Naval Reserve, 1,065; 
(8) The Marine Corps Reserve, 3,449; 
(9) The Air National Guard of the United States, 2,598; 
(10) The Air Force Reserve, 1,186. 
(b) The average military training student loads for the Army, 
the Navy, the Marine Corps, and the Air Force and the Reserve com-
ponents authorized in subsection (a) of this section for the fiscal year 
ending September 30, 1978, shall be adjusted consistent with the man-
power strengths authorized in titles III, IV, and V of this Act. Such 
adjustment shall be apportioned among the Army, the Navy, the 
Marine Corps, and the Air Force and the Reserve components in 
such manner as the Secretary of Defense shall prescribe. 
SEC. 602. Section 2102 of title 10, United States Code, is amended 
by adding at the end thereof a new subsection as follows: 
"(d) The President shall cause to be established and maintained 
in each State at least one unit of the program if— 
"(1) a unit is requested by an educational institution in the 
State; 
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 333 
"(2) such request is approved by the Governor of the State in 
which the institution requesting the unit is located; and 
" (3) the Secretary of the military department concerned deter-
mines that there will be not less than 40 students enrolled in such 
unit and that the provisions of this section are otherwise 
satisfied.". 
TITLE VII—CIVIL DEFENSE 
SEC. 701. Funds are hereby authorized to be appropriated during 
fiscal year 1978 to carry out the provisions of the Federal Civil Defense 
Act of 1950, for programs of the Defense Civil Preparedness Agency, 
in the amount of $95,250,000. 
TITLE VIII—GENERAL PROVISIONS 
50 u s e app. 
2251 note. 
Claims, payment. 
Report to 
Congress. 
Effective date. 
10 u s e 651 note. 
SEC. 801. The President shall include in the budget for fiscal year 
1979 a request for funds sufficient to meet the total operation and 
maintenance costs of the Department of Defense for such year, includ-
ing reasonably foreseeable increases in both the private and public 
sector's in the cost of labor, material, and other goods and services. 
SEC. 802. None of the funds authorized to be appropriated by 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. 803. (a) Section 651(a) of title 10, United States Code, is 
amended by striking out "male" and "after August 9,1955," in the first 
sentence thereof. 
(b) The amendments made by subsection (a) shall take effect on 
the first day of the seventh calendar month beginning after the month 
in which this Act is enacted and shall apply to any female person who 
becomes a member of an Armed Force on or after stich day. 
SEC. 804. (a) Section 105(a) of title 32, United States Code, is 
amended— 
(1) by striking out "The Secretary of the Army shall have an Regulations 
inspection made at least once a year" and inserting in lieu thereof 
"Under regulations prescribed by him, the Secretary of the Army 
may have an inspection made"; and 
(2) by striking out "and" at the end of clause (4), striking out 
the period at the end of clause (5) and inserting in lieu thereof 
"; and", and inserting after clause (5) the following new clause: 
" (6) the accounts and records of each property and fiscal officer 
are properly maintained.", 
(b) Section 708 of title 32, United States Code, is amended— 
(1) by striking out subsection (d); 
(2) by redesignating subsections (e), (f), and (g) as subsec-
tions (d), (e),and (f),respectively; and 
(3) by striking out" (e)" in subsection (e) (as so redesignated) 
and inserting in lieu thereof "(d)". 
SEC. 805. Section 6485 (b) of title 10, United States Code, is amended 
by striking out "and shall be physically examined" and all that follows 
in such section and inserting in lieu thereof a period. 
91 STAT. 334 
PUBLIC LAW 95-79—JULY 30, 1977 
37 u s e 209 note. 
Israel, aircraft 
sales. 
DOD 
experiments and 
studies, report 
and accounting to 
congressional 
committees. 
50 u s e 1520. 
DOD commercial 
or industrial 
functions, 
performance 
review. 
10 u s e 2304 
note. 
SEC. 806. The Act entitled "An Act to provide subsistence allow-
ances for members of the Marine Corps officer candidate programs", 
approved November 24, 1971 (85 Stat. 491; 37 U.S.C. 209 note), is 
amended by striking out "June 30, 1977" and inserting in lieu thereof 
"September 30, 1978". 
SEC. 807. (a) Notwithstanding any other provision of law, the 
authority provided in section 501 of Public Law 91-441 (84 Stat. 909) 
is hereby extended until Octo^ber 1,1979; but no transfer of aircraft or 
other equipment may be made under the authority of such section 501 
unless funds have been previously appropriated for such transfer. 
(b) Section 501 of Public Law 91-441 (84 Stat. 909) is amended by 
adding at the end thereof a new sentence as follows: "In any case in 
which aircraft or other equipment is transferred under authority of 
this section and such aircraft or equipment is taken from the inventory 
of the Armed Forces of the United States or is scheduled to be 
included in such inventory, the Secretary of Defense shall, as soon as 
practicable and as authorized by law, restock the inventory of the 
Armed Forces of the United States with equivalent quantities of air-
craft and other equipment so transferred.". 
SEC. 808. (a) (1) The Secretary of Defense shall supply the Com-
mittees on Armed Services of the Senate and House of Representatives, 
not later than October 1 of each year, a full accounting of all experi-
ments and studies conducted by the Department of Defense in the 
preceding twelve-month period, whether directly or under contract, 
which involve the use of human subjects for the testing of chemical or 
biological agents. 
(2) Not later than thirty days after final approval within the 
Department of Defense of plans for any experiment or study to be con-
ducted by the Department of Defense, whether directly or under 
contract, involving the use of human subjects for the testing of chemi-
cal or biological agents, the Secretary of Defense shall supply the 
Committees on Armed Services of the Senate and House of Represent-
atives with a full accounting of such plans for such experiment or 
study, and such experiment or study may then be conducted only after 
the expiration of the thirty-day period beginning on the date such 
accounting is received by such committees. 
(b) (1) The Secretary of Defense may not conduct any test or 
experiment involving the use of any chemical or biological agent on 
civilian populations unless local civilian officials in the area in which 
the test or experiment is to be conducted are notified in advance of 
such test or experiment, and such test or experiment may then be con-
ducted only after the expiration of the thirty-day period beginning 
on the date of such notification. 
(2) Paragraph (1) shall apply to tests and experiments conducted 
by Department of Defense personnel and tests and experiments con-
ducted on behalf of the Department of Defense by contractors. 
SEC. 809. (a) The Secretary of Defense and the Director of the 
Office of Management and Budget shall jointly conduct a complete 
and comprehensive review of the criteria used in determining whether 
commercial or industrial type functions at Department of Defense 
installations located in any State, the District of Columbia, the Com-
monwealth of Puerto Rico, and Guam should be performed by Depart-
ment of Defense personnel or by private contractors. The review shall 
include— 
PUBLIC LAW 95-79—JULY 30, 1977 
91 STAT. 335 
(1) an evaluation of the basis for, and assumptions underlying, 
Department of Defense methods for conducting cost analyses with 
respect to decisions to contract for performance of commercial 
or industrial type functions; 
(2) an evaluation of the differences between private contractors 
and the Department of Defense in their procedures and policies 
relating to personnel compensation and other differences affecting 
their analysis of the cost of personnel; 
(3) identification of the defense mission essential functions 
identified by the Secretary of Defense as not suitable for perform-
ance by private contractors; and 
(4) an evaluation, to be made by the Director of the Office of 
Management and Budget, of all aspects of 0MB Circular A-76 
and of the implementation of such circular. 
(b) A detailed repoii describing the results of the review required 
by subsection (a) shall be submitted to the Committees on Armed 
Services of the Senate and House of Kepresentatives before January 1, 
1978. No commercial or industrial type function of the Department 
of Defense which on the date of enactment of this Act is being per-
formed by Department of Defense personnel shall be converted to 
performance by private contractors before the earlier of March 15, 
1978, or the end of the 90-day period beginning on the date the report 
required by this section is received by such committees. The prohibition 
in the preceding sentence shall not apply to the conversion to per-
formance by private contractors of any commercial or industrial 
type function at any Department of Defense installation referred to in 
subsection (a) if such conversion would have been made under policies 
and regulations in effect before June 30,1976. 
(c)(1) The Secretary of Defense shall, before January 1, 1978, 
submit a report to the Committees on Armed Services of the Senate 
and House of Representatives (A) detailing the rationale of the 
Department of Defense for the establishment of goals for the per-
centage of work at defense research installations to be performed 
by private contractors, and (B) detailing the rationale for any direc-
tion in effect on the date of enactment of this Act (i) establishing a 
minimum or maximum percentage for the allocation of work at any 
defense research installation to be performed by private contractors, 
or (ii) directing a change in any such allocation in effect on the date 
of enactment of this Act. 
(2) Until March 15,1978, or the end of the 90-day period beginning 
on the date the report required by this subsection is received by such 
committees, whichever is earlier, the percentage of all research and 
exploratory development work to be performed at or by any Depart-
ment of Defense research installation which is to be performed by 
private contractors may not exceed the percentage of such work that 
was performed by private contractors during the period beginning 
on July 1, 1975, and ending on September 30, 1976. 
SEC. 810. N"o funds authorized or appropriated under this or any 
other Act shall be expended to purchase advertising of any sort for 
the purpose of advertising the existence of the special discharge review 
program for certain individuals who served in the Armed Forces of 
the United States between August 4, 1964, and March 28, 1973, which 
was established by order of the Secretary of Defense on April 5,1977. 
SEC. 811. (a) (1) The total number of commissioned officers on active 
duty in the Army, Marine Corps, and Air Force above the grade of 
Report to 
congressional 
committees. 
Private 
performance 
conversion, 
temporary 
prohibition. 
Report to 
congressional 
committees. 
Special discharge 
review program, 
advertising 
prohibition. 
50 u s e app. 
462 note. 
Commissioned 
officers on active 
duty and 
civilians, ceilings. 
10 u s e 131 note. 
29-194 0 -
91 STAT. 336 
PUBLIC LAW 95-79—JULY 30, 1977 
Suspension 
during national 
emergency. 
Materiel 
readiness 
requirements, 
report to 
congressional 
committees. 
10 use 2203 
note. 
colonel, and on active duty in the Navy above the grade of captain, 
may not exceed 1,073 after October 1, 1980, and the total number of 
civilian employees of the Department of Defense in grades GS-13 
through GS-18, including positions authorized under section 1581 of 
title 10, United States Code, shall be reduced during the fiscal year 
beginning October 1, 1977, by the same percentage as the number of 
officers on active duty in the Army, Marine Corps, and Air Force 
above the grade of colonel and on active duty in the Navy above the 
grade of captain is reduced below 1,141 during such fiscal year, and 
during the fiscal years beginning October 1,1978, and October 1,1979, 
by a percentage equal to the percentage by which the number of com-
missioned officers on active duty in the Army, Marine Corps, and Air 
Force above the grade of colonel and on active duty in the Navy above 
the grade of captain is reduced during such fiscal year below the total 
number of such officers on active duty on October 1, 1978, and Octo-
ber 1,1979, respectively. 
(2) On and after October 1, 1980, the total number of civilian 
employees of the Department of Defense in the grades and positions 
descrii3ed in paragraph (1) may not exceed the number employed in 
such grades and positions on the date of enactment of this subsection 
reduced as provided in paragraph (1). 
(3) In time of war, or of national emergency declared by Congress, 
the President may suspend the operation of paragraphs (1) and (2). 
(b)(1) Subsection (b) of section 5231 of title 10, United States 
Code, is amended to read as follows: 
"(b) The number of officers serving in the grades of admiral and 
vice admiral under subsection (a) of this section and section 5081 of 
this title may not be more than 15 percent of the number of officers on 
the active list of the Navy above the grade of captain. Of the number 
of officers that may serve in the grades of admiral and vice admiral, as 
determined under this subsection, not more than 25 percent may serve 
in the grade of admiral.". 
'.; 
(2) Such section 5231 is fuiiher amended— 
(A) by striking out subsection (c) ; 
(B) by redesignating subsections (d), (e), and (f) as subsec-
tions (c), (d), and (e), respectively; and 
(C) by striking out "numbers authorized under subsections (b) 
and (c)" in subsections (c) and (d) (as redesignated by subpara-
graph (B)) and inserting in lieu thereof "number authorized for 
that grade under subsection (b)". 
(3) Subsection (b) of section 5232 of title 10, United States Code, 
is amended to read as follows: 
"(b) The number of officers serving in the grades of general and 
lieutenant general may not be more than 15 percent of the number of 
officers on the active list of the Marine Corps above the grade of 
colonel.". 
(4) The second sentence of subsection (c) of such section is amended 
by striking out the period and inserting in lieu thereof a comma and 
the following: "and while in that grade he is in addition to the num-
ber authorized for that grade under subsection (b) of this section.". 
SEC. 812. The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives, 
not later than February 15, 1978, a report setting forth quantifiable 
and measurable materiel readiness requirements for the Armed Forces, 
including the Reserve components thereof, the monthly readiness 
PUBUC LAW 95-79—JULY 30, 1977 
91 STAT. 337 
status of the Armed Forces, including the reserve components thereof, 
during fiscal year 1977, and any changes in such requirements and 
status projected for fiscal years 1978 and 1979 and in the 
five-year 
defense program. The Secretary of Defense shall also inform such com-
mittees of any subsequent changes in the aforementioned materiel 
readiness requirements and the reasons for such changes. The budget 
for the Department of Defense submitted to the Congress for fiscal 
year 1979 and subsequent fiscal years shall include data projecting the 
effect of the appropriations requested for materiel readiness require-
ments. 
SEC. 813. In authorizing procurement under section 101 of this Act 
and research and development under section 201 of this Act, Congress 
asserts its readiness to consider, in accordance with the processes set 
forth in the Congressional Budget and Impoundment Control Act of 
1974 and the Budget and Accounting Act, 1921, such modifications in 
United States strategic arms programs as the President may recom-
mend to facilitate either negotiation or agreement in the Strategic 
Arms Limitation Talks. 
SEC, 814, Section 813 of the Department of Defense Appropriation 
Authorization Act, 1976, is amended to read as follows: 
"SEC. 813, In the case of any letter of offer to sell or any proposal to 
transfer defense articles which are valued at $25,000,000 or more from 
the United States active forces' inventories or from current produc-
tion, the Secretary of Defense shall submit a report to the Congress 
setting forth— 
" (1) the impact of such sales or transfers on the current readi-
ness of United States forces; 
"(2) the adequacy of reimbursements to cover, at the time of 
replenishment of United States inventories, the full replacement 
costs of those items sold or transferred: and 
"(3) for each article to be sold (A) the initial issue quantity 
requirement for United States forces for that article, (B) the per-
centage of such requirement already delivered to such forces or 
contracted for at the time of the report, (C) the timetable for 
meeting: such requirement absent the proposed sale, and (D) the 
timetable for meeting such requirement if the sale is approved,". 
SEC. 815. (a) Chapiter 141 of title 10, ITnited States Code, relating 
to miscellaneous procurement provisions, is amended by adding after 
section 2389 the following new section: 
"§ 2390. Suggestions for improving procurement policies 
"(a) The Secretai-y of Defense shall request each commissioned 
officer, and each civilian employee above grade GS-12, who is sched-
uled for retirement and wlio is, or was at any time within one year 
prior to such scheduled retirement, assigned to, or employed in, mili-
tary procurement to submit suggestions for methods to improve pro-
curement policies, including suggestions for improving competitive 
bidding procedures and for reducing or eliminating any inequities 
that may exist. Such request shall be made of each such commissioned 
officer or employee not less than 30 days preceding his release from 
active duty or his separation. Submission of suggestions shall be at 
the option of each such commissioned officer or employee, and each 
such officer or employee shall be allowed reasonable time during work-
ing hours to prepare such suggestions, if such officer or employee 
chooses to make suggesitions under this section. 
Changes, 
information to 
congressional 
committees. 
10 use 2203 
note. 
31 use 1301 
note. 
31 use 1. 
Sale or transfer of 
defense articles, 
report to 
Congress. 
10 u s e 133 note. 
10 u s e 2390. 
91 STAT. 338 
PUBLIC LAW 95-79—JULY 30, 1977 
Semiannual 
"(b) The Secretary of Defense shall submit a semiannual report to 
report to 
the Committees on Armed Services of the Senate and House of Repre-
congressional 
sentatives containing a copy of each suggestion submitted under sub-
committees, 
section (a) during the preceding six-month period and the response of 
the Department of Defense to each such suggestion.". 
(b) The table of sections at the beginning of chapter 141 of title 
10, United States Code, is amended by adding after the item relating 
to section 2389 the following new item: 
"2390. Suggestions for improving procurement policies.". 
Short title. 
SEC. 816. This Act may be cited as the "Department of Defense 
Appropriation Authorization Act, 1978". 
Approved July 30, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-194 (Comm. on Armed Services) and No. 95-446 (Coram, of 
\ o 
T
i 
I 
c 
rc 
1
1 
cc I 
SENATE REPORTS: No. 95-129 (Coram, on Armed Services) and No. 95-282 (Comra. 
of Conference). 
CONGRESSIONAL RECORD, VoL 123 (1977): 
Apr. 21, 22, 25, considered and passed House. 
May 16, 17, considered and passed Senate, amended. 
July 13, House agreed to conference report. 
July 14, Senate agreed to conference report.