An Act to authorize appropriations during the fiscal year 1976, and the period beginning July 1, 1976, and ending September 30, 1976, 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 the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes.
PL 94-106 (H.R.6674), enacted 10/07/1975

PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 531 
Public Law 94-106 
94th Congress 
An Act 
To authorize appropriations during tlie fiscal year 1976, and ttie period begin-
ning July 1, 1976, and ending September 30, 1976, 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 component of the Armed Forces 
and of civilian personnel of the Department of Defense, and to authorize the 
military training student loads and for other purposes. 
Be it enacted hy the Senate and HoviMe of Representatives of the 
United States of America in Congress assembled, 
TITLE I—PROCUEEMENT 
SEC. 101. Funds are hereby authorized to be appropriated during the 
fiscal year 1976 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, $337,500,000; for the Navy and the 
Marine Corps, $2,997,800,000; for the Air Force, $4,119,000,000, of 
which amount not to exceed $64,000,000 is authorized for the procure-
ment of only long lead items for the B-1 bomber aircraft. None of the 
funds authorized by this Act may be obligated or expended for the 
purpose of entering into any production contract or any other con-
tractual arrangement for production of the B-1 bomber aircraft unless 
the production of such aircraft is hereafter authorized by law. The 
funds authorized in this Act for long lead items for the B-1 bomber 
aircraft do not constitute a production decision or a commitment on the 
part of Congress for the future production of such aircraft. 
MISSILES 
For 
missiles: for 
the Army, $431,000,000; for the Navy, 
$990,400,000; for the Marine Corps, $52,900,000; for the Air Force, 
$1,765,000,000, of which $265,800,000 shall be used only for the procure-
ment of Minuteman III missiles. 
Oct. 7, 1975 
[H.R. 66741 
Department of 
Defense 
Appropriation 
Authorization 
Act, 1976. 
NAVAL VESSELS 
For Naval vessels: for the Navy, $3,899,400,000. 
TRACKED COMBAT VEHICLES 
For tracked combat vehicles: for the Army, $864,000,000, of which 
$379,400,000 shall be used only for the procurement of M-60 series 
tanks; for the Marine Corps, $101,500,000. 
89 STAT. 532 
PUBLIC LAW 94-106—OCT. 7, 1975 
Reduction. 
Report to 
Congress. 
TORPEDOES 
For torpedoes and, related support equipment: for the Navy, 
$189,500,000. 
OTHER WEAPONS 
For other, weapons: for the Army, $74,300,000; for the Navy, 
$17,700,000; for the Marine Corps, $100,000. 
TITLE II—RESEAKCH, DEVELOPMENT, TEST, AND 
EVALUATION 
SEC. 201. Funds are hereby authorized to be appropriated during 
the fiscal year 1976 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, $2,028,933,000; 
For the Naw (including the Marine Corps), $3,318,649,000; 
P'or the Air Force, $3,737,001,000; and 
For the Defense Agencies, $588,700,000, of which $25,000,000 is 
authorized for the activities of the Director of Test and Evalua-
tion, Defense. 
TITLE III—ACTIVE FORCES 
SEC. 301. (a) For the fiscal year beginning July 1,1975, and ending 
June 30, 1976, each component of the Armed Forces is authorized an 
end strength for active duty personnel as follows: 
(1) The Army, 785,000; 
(2) The Navy, 528,651; 
(3) The Marine Corps, 196,303; 
(4) The Air Force, 590,000. _ 
(b) The end strength for active duty personnel prescribed in sub-
section (a) of this section shall be reduced by 9,000. Such reduction 
shall be apportioned among the Army, Navy, including the Marine 
Corps, and the Air Force in such numbers as the Secretary of Defense 
shaU prescribe. The Secretary of Defense shall report to Congress 
within 60 days after the date of enactment of this Act on the manner 
in which this reduction is to be apportioned among the Armed Forces 
and shall include the rationale for each reduction. 
Reduction. 
TITLE IV—RESERVE FORCES 
SEC. 401. (a) For the fiscal year beginning July 1,1975, and ending 
June 30, 1976, 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, 400,000; 
(2) The Army Reserve, 219,000; 
(3) The Naval Reserve, 106,000; 
(4) The Marine Corps Reserve, 32,481; 
(5) The Air National Guard of the United States, 94,879; 
(6) The Air Force Reserve, 51,789; 
(7) The Coast Guard Reserve, H,700. 
(b) The average strength prescribed by subsection (a) of this 
section for the Selected Reserve of any Reserve component shall be pro-
portionately reduced by (1) the total authorized strength of units 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 533 
organized to serve as units of the Selected Eeserve of such component 
which are on active duty (other than for training) at any time during 
the fiscal year; and (2) the total number of individual members not 
in units organized to serve as units of the Selected Eeserve of such 
component who are on active duty (other than for training or for 
unsatisfactory participation in training) without their consent at any 
time during the fiscal year. Whenever such units or such individual 
members are released from active duty during any fiscal year, the 
average strength prescribed for such fiscal year for the Selected 
Reserve of such Reserve component shall be proportionately increased 
by the total authorized strength of such units and by the total number 
of such individual members. 
TITLE V—CIVILIAN PERSONNEL 
SEC. 501. (a) For the fiscal year beginning July 1,1975, and ending 
June 30,1976, the Department of Defense is authorized an end strength 
for civilian personnel of 1,058,000. 
(b) The end strength for civilian personnel prescribed in subsec-
tion (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 Report to 
shall report to the Congress within 60 days after the date of enactment Congress, 
of this Act on the manner in which the 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 for each allocation. 
(c) In computing the authorized end strength for civilian person-
nel there shall be included all direct-hire and indirect-hire civilian 
personnel employed to perform military functions administered by 
the Department of Defense (other than those performed by the 
National Security Agency) whether employed on a full-time, part-
time, or intermittent basis, but excluding special employment cate-
gories for students and disadvantaged youth such as the stay-in-school 
campaign, the temporary summer aid program and the Federal junior 
fellowship program and personnel participating in the worker-trainee 
opportunity program. Whenever a function, power, or duty, or activity 
is transferred or assigned to a department or agency of the Depart-
ment of Defense from a department or agency outside of the Depart-
ment of Defense or from a department or agency within the 
Department of Defense, the civilian personnel end strength author-
ized 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 one-half of 
one per centum of the total number of civilian personnel authorized 
for the Department of Defense by subsection (a) of this section. The Notice to 
Secretary of Defense shall promptly notify the Congress of any Congress, 
authorization to increase civilian personnel strength under the author-
ity of this subsection. 
89 STAT. 534 
PUBLIC LAW 94-106—OCT. 7, 1975 
TITLE VI—MILITAEY TEAINING STUDENT LOADS 
SKC. 601. (a) For the fiscal year beginning July 1,19T5, and ending 
June 30, 1976, each component of the Armed Forces is authorized an 
average military training student load as follows: 
(1) The Army, 83,101; 
(2) The Navy, 69,513; 
(3) The Marine Corps, 26,489; 
^4) The Air Force, 51,225; 
(5) The Army National Guard of the United States, 9,788; 
(6) The Army Keserve, 7,359; 
(7) The Naval Reserve, 1,661; 
(8) The Marine Corps Reserve, 2,769; 
(9) The Air National Guard of the United States, 1,952; and 
(10) The Air Force Reserve, 810. 
(b) The average military training student loads for the Army, the 
Navy, the Marine Corps, and the Air Force and the Reserve com-
ponents prescribed in subsection (a) of this section for the fiscal year 
ending June 30, 1976, shall be adjusted consistent with the manpower 
strengths provided in titles III, IV, and V of this Act. Such adjust-
ment shall be apportioned among the Army, the Navy, the Marine 
Corps, and the Air Force and the Reserve Components in such manner 
as the Secretary of Defense shall prescribe. 
TITLE VII—AUTHORIZATION FOR THE PERIOD BEGIN-
NING JULY 1, 1976, AND ENDING SEPTEMBER 30, 1976 
SEC. 701. PROCUREMENT.—Funds are hereby authorized to be appro-
priated for the period July 1, 1976, to September 30,1976, 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, $59,400,000; for the Navy and the 
Marine Corps, $585,500,000; for the Air Force, $858,000,000, of which 
amount not to exceed $23,000,000 is authorized for the procurement 
of only long lead items for the B-1 bomber aircraft. 
MISSILES 
For missiles: for the Army, $56,500,000; for the Navy, $308,600,000; 
for the Marine Corps, $10,700,000; for the Air Force, $252,200,000. 
Naval Vessels 
For naval vessels: for the Navy, $474,200,000. 
TRACKED COMBAT VEHICLES 
For tracked combat vehicles: for the Army, $245,300,000, of which 
$133,000,000 shall be used only for the procurement of M-60 series 
tanks; for the Marine Corps, $400,000. 
TORPEDOES 
For torpedoes and related support equipment: for the Navy, 
$19,200,000. 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 535 
OTHER WEAPONS 
For other weapons: for the Army, $9,700,000; for the Navy, 
$1,400,000. 
SEC. 702. EESEARCH, DEVELOPMENT, TEST, AND EVALTJATION.—^Funds 
are hereby authorized to be appropriated for the period July 1,1976, 
to September 30, 1976, 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, $513,326,000; 
For the Navy (including the Marine Corps), $849,746,000; 
For the Air Force, $965,783,000; and 
For the Defense Agencies, $144,768,000, of which $5,000,000 is 
authorized for the activities of the Director of Test and Evalua-
tion Defense. 
SEC. 703. ACTIVE FORCES.—(a) For the period beginning July 1, 
1976, and ending September 30, 1976, each component of the Armed 
Forces is authorized an end strength for active duty personnel as 
follows: 
(1) The Army, 793,000; 
(2) The Navy, 535,860; 
(3) The Marine Corps, 196,498; 
(4) The Air Force, 590,000. 
(b) The end strength for active duty personnel prescribed in sub-
section (a) of this section shall be reduced by 9,000. Such reduction 
shall be apportioned among the Army, Navy, including the Marine 
Corps, and Air Force in such numbers as the Secretary of Defense 
shall prescribe. The Secretary of Defense shall report to Congress 
within 60 days after the date of enactment of this Act on the manner 
in which this reduction is to be apportioned among the Armed Forces 
and shall include the rationale for each reduction. 
Sec. 704. RESERVE FORCES.—(a) For the period beginning July 1, 
1976, and ending September 30, 1976, 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, 400,000; 
(2) The Army Reserve, 219,000; 
(3) The Naval Reserve, 106,000; 
(4) The Marine Corps Reserve, 33,013; 
(5) The Air National Guard of the United States, 94,543; 
(6) The Air Force Reserve, 53,642; 
(7) The Coast Guard Reserve, 11,700. 
(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 period; and (2) the total number of individual members not in 
units organized to serve as units of the Selected Reserve of such com-
ponent who are on active duty (other than for training or for unsatis-
factory participation in training) without their consent at any time 
during the period. Whenever such units or such individual members 
are released from active duty during the period, the average strength 
for such period 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. 705. CIVILIAN PERSONNEL.—(a) For the period beginning 
July 1, 1976, and ending September 30, 1976, the Department of 
Reduction. 
Report to 
Congress. 
Reduction. 
89 STAT. 536 
PUBLIC LAW 94-106—OCT. 7, 1975 
Defense is authorized an end strength for civilian personnel of 
1,064,400. 
(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 
Report to 
the Secretary of Defense shall prescribe. The Secretary of Defense 
Congress. 
shall report to the Congress within 60 days after the date of enact-
ment of this Act on the manner in which the allocation of civilian per-
sonnel is made among the military departments and the agencies of 
the Department of Defense (other than the military departments) and 
shall include the rationale for each allocation. 
(c) In computing the authorized end strength for civilian personnel 
there shall be included all direct-hire and indirect hire civilian per-
sonnel employed to perform military functions administered by the 
Department of Defense (other than those performed by the National 
Security Agency) whether employed on a full-time, part-time, or 
intermittent basis, but excluding special employment categories for 
students and disadvantaged youth such as the stay-in-school cam-
paign, the temporary summer aid program and the Federal junior 
fellowship program and personnel participating in the worker-trainee 
opportunity program. Whenever a function, power, or duty or 
activity is transferred or assigned to a department or agency of the 
Department of Defense from a department or agency outside of the 
Department of Defense or from a department or agency within the 
Department of Defense, the civilian personnel end strengtli 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 one-
half of 1 per centum of the total number of civilian personnel author-
ized for the Department of Defense by subsection (a) of this section. 
Notice to 
The Secretary of Defense shall promptly notify the Congress of any 
Congress. 
authorization to increase civilian personnel strength under the author-
ity of this subsection. 
SEC. 706. MILITARY TRAINING STUDENT LOADS.—(a) For the period 
beginning July 1, 1976, and ending September 30, 1976, each com-
ponent of the Armed Forces is authorized an average military training 
student load as follows: 
(1) The Army, 75,185; 
(2) The Navy, 70,571; 
(3) The Marine Corps, 26,788; 
(4) The Air Force, 52,280; 
(5) The Army National Guard of the United Slates, 9,481; 
(6) The Army Reserve, 5,518; 
(7) The Naval Reserve, 2,106; 
(8) The Marine Corps Reserve, 4,088; 
(9) The Air National Guard of the United States, 2,180; and 
(10) The Air Force Reserve, 836. 
(b) The average military training student loads for the Army, the 
Navy, the Marine Corps, and the Air Force and the Reserve com-
ponents prescribed in subsection (a) of this section for the period 
beginning July 1, 1976, and ending September 30, 1976, shall be 
adjusted consistent with the manpower strengths provided in sections 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 537 
703, 704, and 705 of this Act. Such adjustment shall be apportioned 
among the Army, the Navy, the Marine Corps, and the Air Force and 
the Reserve components in such manner as the Secretary of Defense 
shall prescribe. 
TITLE VIII—GENERAL PROVISIONS 
SEC. 801. (a) Section 138 of title 10, United States Code, is amended 
as follows: 
(1) Subsection (a) of such section is amended— 
(A) by striking out "or" at the end of paragraph (4) ; 
(B) by inserting "or" after the semicolon at the end of para-
graph (5);and 
(C) by inserting immediately after paragraph (5) the follow-
ing new paragraph: 
"(6) military construction (as defined in subsection (e) of this 
section) ;". 
(2) Such section is amended by adding at the end thereof the fol- "Military 
lowing new subsection: 
construction. 
"(e) For purposes of subsection (a)(6) of this section, the term 
'military construction' includes any construction, development, con-
version, or extension of any kind which is carried out with respect to 
any military facility or installation (including any Government-
owned or Government-leased industrial facility used for the produc-
tion of defense articles and any facility to which section 2353 of this 
title applies) but excludes any activity to which section 2673 or 2674, 
or chapter 133, of this title apply, or to which section 406(a) of Public 
Law 85-241 (71 Stat. 556) applies.". 
42 USC 1594i. 
(b) The amendment provided by paragraph (2) of subsection (a) 10USC138note. 
above with respect to funds not heretofore required to be authorized 
shall only apply to funds authorized for appropriation for fiscal year 
1977 and thereafter. 
SEC. 802. (a) The second sentence of section 511(d) of title 10, 
United States Code, is amended by striking out "four months" and 
inserting in lieu thereof "twelve weeks". 
(b) Section 671 of title 10, United States Code, is amended by strik-
ing out "four months" and inserting in lieu thereof "twelve weeks". 
(c) The sixth paragraph of section 4(a) of the Military Selective 
Service Act (50 U.S.C. App. 454(a)) is amended by striking out 
"four months" each time it appears in such paragraph and inserting 
in lieu thereof in each case "twelve weeks". 
(d) The third sentence of section 6(c)(2)(A) of the Military Selec-
tive Service Act (50 U.S.C. App. 456(c)(2)(A)) is amended by 
striking out "four consecutive months" and inserting in lieu thereof 
"twelve consecutive weeks". 
SEC. 803. (a) Notwithstanding any other provision of law, in the 10 U
S
C 4342 
administration of chapter 403 of title 10, United States Code (relat- note, 
ing to the United States Military Academy), chapter 603 of such 
title (relating to the United States Naval Academy), and chapter 903 
of such title (relating to the United States Air Force Academy), the 
Secretary of the military department concerned shall take such action 
as may be necessary and appropriate to insure that (1) female indi-
viduals shall be eligible for appointment and admission to the service 
academy concerned, beginning witj\ appointments to such academy for 
the class beginning in calendar year 1976, and (2) the academic and 
other relevant standards required for appointment, admission, train-
89 STAT. 538 
PUBLIC LAW 94-106—OCT. 7, 1975 
10 use 4342 
note. 
10 use 140. 
Report to 
cong 
committees. 
Repeal. 
ing, graduation, and commissioning of female individuals shall be the 
same as those required for male individuals, except for those minimum 
essential adjustments in such standards required because of physio-
logical differences between male and female individuals. 
(b) Title 10, United States Code, is amended as follovrs: 
(1) Sections 4342, 6954, and 9342 are each amended by striking 
out the word "sons" wherever it appears therein and inserting in 
place thereof in each instance the word "children". 
(2) Section 6956(d) is amended by striking out the word "men" 
wherever it appears therein and inserting in place thereof in 
each instance the word "members". 
(c) It is the sense of Congress that, subject to the provisions of sub-
section (a), the Secretaries of the military departments shall, under 
the direction of the Secretary of Defense, continue to exercise the 
authority granted them in chapters 403, 603 and 903 of title 10, United 
States Code, but such authority must be exercised within a program 
providing for the orderly and expeditious admission of women to the 
academies, consistent with the needs of the services, with the imple-
mentation of such program upon enactment of this Act. 
SEC. 804. (a) Chapter 4 of title 10, United States Code, is amended 
by adding the following new section after section 139 and inserting a 
corresponding item in the chapter analysis: 
*'§ 140. Emergencies and extraordinary expenses 
"(a) Subject to the limitations of subsection (c) of this section, and 
within the limitation of appropriations made for the purpose, the Sec-
retary of Defense and the Secretary of a military department within 
his department, may provide for any emergency or extraordinary 
expense which cannot be anticipated or classified.' When it is so pro-
vided in such an appropriation, the funds may be spent on approval or 
authority of the Secretary concerned for any purpose he determines 
to be proper, and such a determination is final and conclusive upon the 
accounting officers of the United States. The Secretary concerned may 
certify the amount of any such expenditure authorized by him that 
he considers advisable not to specify, and his certificate is sufficient 
voucher for the expenditure of that amount. 
"(b) The authority conferred by this section may be delegated by 
the Secretary of Defense to any pereon in the Department of Defense 
or by the Secretary of a military department to any person within 
his department, with or without the authority to make successive 
redelegations. 
"(c) In any case in which funds are expended under the authority 
of subsections (a) and (b) of this section, the Secretary of Defense 
shall submit a report of such expenditures on a quarterly basis to the 
Committees on Armed Services and Appropriations of the Senate and 
the House of Representatives.". 
(b) Section 7202 of title 10, United States Code, and the correspond-
ing item in the analysis of such chapter are repealed. 
SEC. 805. Section 139(b) of title 10, United States Code, is amended 
by deleting the word "sixty" and inserting in lieu thereof the word 
"ninety". 
SEC. 806. Section 1401a of title 10, United States Code, is amended 
by adding at the end thereof a new subsection as follows: 
"(f) Notwithstanding any other provision of law, the monthly 
retired or retainer pay of a member or a former member of an armed 
force who initially became entitled to that pay on or after January 1, 
1971, may not be less than the monthly retired or retainer pay to which 
he would be entitled if he had become entitled to retired or retainer 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 539 
pay at an earlier date, adjusted to reflect any applicable increases in 
such pay under this section. In computing the amount of retired or 
retainer pay to which such a member would have been entitled on that 
earlier date, the computation shall, subject to subsection (e) of this 
section, be based on his grade, length of service, and the rate of basic 
pay applicable to him at that time. This subsection does not authorize 
any increase in the monthly retired or retainer pay to which a member 
was entitled for any period prior to the effective date of this 
subsection.". 
SEC. 807. In any case in which funds are unavailable for the pay-
ment of a claim arising under a contract entered into prior to July 1, 
1974, for the construction or conversion of any naval vessel, the Sec-
retary of the Navy is authorized to settle such claim, but the settle-
ment thereof shall be made subject to the authorization and 
appropriation of funds therefor. The Secretary of the Navy shall 
promptly forward to the Committees on Armed Services and Appro-
priations of the Senate and the House of Representatives copies of all 
claim settlements made under this section. 
SEC. 808. Concurrent with the submission of the President's budget 
for the fiscal year commencing October 1, 1976, the Secretary of 
Defense shall submit a five-year naval ship new construction and con-
version program. Thereafter, concurrent with the annual submission 
of the President's budget, the Secretary of Defense shall report to 
the Committees on Armed Services of the Senate and the House of 
Representatives any changes to such a five-year program as he deems 
necessary for the current year, and for the succeeding years, based 
upon, but not limited to, alterations in the defense strategy of the 
United States and advances in defense technology. This section does 
not in any way change existing law with respect to the annual 
authorization of the construction and conversion of naval vessels. 
SEC. 809. The restrictive language contained in section 101 of the 
Department of Defense Appropriations Authorization Act, 1975 
(Public Law 93-365), and in section 101 of the Department of 
Defense Appropriations Authorization Act, 1974 (Public Law 
93-155), under the heading "Naval Vessels", which relates to the use 
of funds for the DLGN nuclear guided missile frigate program, shall 
not apply with respect to $101,000,000 of long lead funding provided 
for in such Acts for the DLGN-42 nuclear guided missile frigate. 
SEC. 810. No funds authorized for appropriation to the Department 
of Defense shall be obligated under a contract for any multiyear pro-
curement as defined in section 1-322 of the Armed Services Procure-
ment Regulations (as in effect on September 26, 1972) where the 
cancellation ceiling for such procurement is in excess of $5,000,000 
unless the Congress, in advance, approves such cancellation ceiling by 
statute. 
SEC. 811. (a) Beginning with the quarter ending December 31,1975, 
the Secretary of Defense shall submit to the Congress within 30 days 
after the end of each quarter of each fiscal year, written selected 
acquisition reports for those major defense systems which are esti-
mated to require the total cumulative financing for research, develop-
ment, test, and evaluation in excess of $50,000,000 or a cumulative 
production investment in excess of $200,000,000. If the reports received 
are j)reliminary then final reports are to be submitted to the Congress 
within 45 days after the end of each quarter. 
(b) Any report recjuired to be submitted under subsection (a) shall 
include, but not be limited to, the detailed and summarized informa-
tion included in reports required by section 139 of title 10, United 
States Code. 
10 u s e 7291 
note. 
Report to 
congressional 
committees. 
88 Stat. 400. 
87 Stat. 605. 
Reports to 
Congress. 
10 u s e 139 note. 
89 STAT. 540 
PUBLIC LAW 94-106—OCT. 7, 1975 
Report to 
congressional 
committees. 
10 u s e 133 note. 
Report to 
Congress. 
10 u s e 133 note. 
88 Stat. 401. 
Report to 
eongress. 
Petroleum supply 
to Armed Forces, 
discrimination, 
prohibited. 
10 u s e 2304 
note. 
SEC. 812. The Secretary of Defense, after consultation with the Sec-
retary of State, shall prepare and submit to the Committees on Armed 
Services of the Senate and the House of Kepresentatives a written 
annual report on the foreign policy and military force structure of 
the United States for the next fiscal year, how such policy and force 
structure relate to each other, and the justification for each. Such 
report shall be submitted not later than January 31 of each year. 
SEC. 81O. 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, 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; and 
(2) the adequacy of reimbursements to cover, at the time of 
replenishment to United States' inventories, the full replacement 
costs of those items sold or transferred. 
SEC. 814. (a) It is the sense of the Congress that equipment, pro-
cedures, ammunition, fuel and other military impedimenta for land, 
air and naval forces of the United States stationed in Europe under 
the terms of the North Atlantic Treaty should be standardized or 
made interoperable with that of other members of the North Atlantic 
Treaty Organization to the maximum extent feasible. In carrying out 
such policy the Secretary of Defense shall, to the maximum feasible 
extent, initiate and carry out procurement procedures that provide 
for the acquisition of equipment which is standardized or interoper-
able with equipment of other members of the North Atlantic Treaty 
Organization whenever such equipment is designed primarily to be 
used by personnel of the Armed Forces of the United States stationed 
in Europe under the terms of the North Atlantic Treaty. 
(b) The report required under section 302(c) of Public Law 
93-365 shall include a listing of the initiation of procurement action on 
any new major system not in compliance with the policy set forth in 
section (a). 
(c) Section 302(c) of Public Law 93-365 is amended by deleting 
the last two sentences and inserting in lieu thereof the following: 
"The Secretary of Defense shall report annually, not later than 
January 31 of each year, to the Congress on the specific assessments 
and evaluations made under the above provisions as well as the results 
achieved with the North Atlantic Treaty Organization allies.". 
SEC. 815. Notwithstanding any other provision of law, the 
authority provided in section 501 of Public Law 91-441 (84 Stat. 909) 
is hereby extended until June 30, 1977; but no transfer of aircraft 
or other equipment may be made under the authority of such sec-
tion 501 unless funds have been previously appropriated for such 
transfer. 
SEC. 816. (a) The Armed Forces of the United States operate 
worldwide in maintaining international peace and in protecting the 
interests of the United States. It is essential to the effective operation 
of the Armed Forces that they receive adequate supplies of petroleum 
products. Citizens and nationals of the United States and corpora-
tions organized or ope'-ating within the United States enjoy the 
benefits of the United States flag and the protection of the Armed 
Forces and owe allegiance to the United States. It is the purpose of 
this section to provide a remedy for discrimination by citizens or 
nationals of the United States or corporations organized or operating 
within the United States, and by organizations controlled by them, 
against the Department of Defense in the supply of petroleum 
products. 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 541 
(b)(1) No supplier shall engage in discrimination (as defined in 
subsection (e) (2) of this section) in the supply, either within or out-
side the United States, of petroleum products for the Armed Forces 
of the United States. 
(2) The Secretary of Defense, whenever he has reason to believe Investigation, 
that there has been discrimination, shall immediately refer the mat-
ter to the Attorney General of the United States who shall immedi-
ately institute an investigation. 
(c) (1) The several district courts of the United States are invested Jurisdiction, 
with jurisdiction to prevent and restrain discrimination prohibited by 
subsection (b) (1) of this section; and it shall be the duty of the several 
United States attorneys, in their respective districts, under the direc-
tion of the Attorney General, to institute proceedings to prevent and 
restrain such discrimination. Such proceedings may be by way of peti-
tions setting forth the case and requesting that the discrimination be 
enjoined or otherwise prohibited. Pending such petition and before 
final decree, the court may at any time make such temporary restrain-
ing order or prohibition as it determines appropriate under the cir-
cumstances of the case. 
, 
(2) Whenever it shall appear to the court before which any pro-
ceeding under paragraph (1) of this subsection may be pending, that 
the ends of justice require that other parties should be brought before 
the court, the court may cause them to be summoned, whether they 
reside in the district in which the court is held or not; and subpenas 
to that end may be served in any district by the marshal thereof. 
(3) Any proceeding under paragraph (1) of th^s subsection against 
any corporation may be brought not only in the judicial district in 
which it is incorporated, but also in any district in which it may be 
found or transacts business; and all process in such cases may be served 
in the district in which it is incorporated, or wherever it may be found. 
(4) In any proceeding brought in any district court of the United 
States pursuant to this section, the Attorney General may file with the 
clerk of such court a certificate of the Secretary of Defense that, in his 
opinion, the proceeding is of critical importance to the effective opera-
tion of the Armed Forces of the United States and that immediate 
relief from the discrimination is necessary, a copy of which shall be 
immediately furnished by such clerk to the chief judge of the circuit 
(or, in his absence, the presiding circuit judge) in which the proceed-
ing is pending. Upon receipt of the copy of such certificate, it shall be 
the duty of the chief judge of the circuit or the presiding circuit judge, 
as the case may be, to designate immediately three judges in such cir-
cuit, of whom at least one shall be a circuit judge, to hear and deter-
mine such proceeding. Except as to causes which the court considers 
to be of greater urgency, proceedings before any district court under 
this section shall take precedence over all other causes and shall be 
assigned for hearing and trial at the earliest practicable date and 
expedited in every way. 
(5) In every proceeding brought in any district court of the United 
States under this section, an appeal from the final order of the district 
court will be only to the Supreme Court. 
(d) (1) For the purpose of any inves'^igation instituted by the 
Attorney General pursuant to subsection (b) of this section, he, or his 
designee, shall at all reasonable times (A) have access to the premises 
or property of, (B) haA'e access to and the right to copy the books, 
records, and other writings of, (C) have the right to take the sworn 
testimony of, and (D) have the right to administer oaths and affirma-
tions to, any person as may be necessary or appropriate, in his discre-
89 STAT. 542 
PUBLIC LAW 94-106—OCT. 7, 1975 
Rules and 
regulations. 
Witness fees. 
Penalty. 
Confidentiality. 
Penalty. 
Definitions. 
tion, to the enforcement of this section and the regulations or orders 
issued thereunder. 
(2) The Attorney General shall issue rules and regulations insuring 
that the authority of paragraph (1) of this subsection will be utilized 
only after the scope and purpose of the investigation, inspection, or 
inquiry to be made have been defined by competent authority, and it is 
assured that no adequate and authoritative data are available from any 
Federal or other responsible agency. In case of contumacy by, or 
refusal to obey a subpena served upon, any person with respect to any 
action taken by the Attorney General under paragraph (1) of this sub-
section, the district court of the United States for any district in which 
such person is found or resides or transacts business, upon application 
by the Attorney General, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony or to appear and 
produce documents, or both; and any failure to obey such order of the 
court maj'^ be punished by such court as a contempt thereof. 
(3) The production of any person's books, records, or other docu-
mentary evidence shall not be required at any place other than the 
place where such person usually keeps them, if, prior to the return 
date specified in the regulations, subpena, or other document issued 
with respect thereto, such person furnishes the Attorney General with 
a true copy of such books, records, or other documentary evidence 
(certified by such person under oath to be a true and correct copy) 
or enters into a stipulation with the Attorney General as to the 
information contained in such books, records, or other documentary 
evidence. Witnesses shall be paid the same fees and mileage that are 
paid witnesses in the courts of the United States. 
(4) Any person who willfully performs any act prohibited, or will-
fully fails to perform any act required, by paragraph (1) of this sub-
section, or any rule, regulation, or order issued under paragraph (2) 
of this subsection, shall upon conviction be fined not more than $1,000 
or imprisoned for not more than one year or both. 
(5) Information obtained under this section which the Attorney 
General deems confidential or with reference to which a request for 
confidential treatment is made by the person furnishing such infor-
mation shall not be published or disclosed unless the Attorney General 
determines that the withholding thereof is contrary to the interest of 
the national defense. Any person who willfully violates this subsection 
shall, upon conviction, be fined not more than $10,000, or imprisoned 
for not more than one year, or both. All information obtained by the 
Attorney General under this section and which he deems confidential 
shall not be published or disclosed, either to the public or to another 
Federal agency, not including the Congress or any duly authorized 
committee thereof in the performance of its functions, unless the 
Attorney General determines that the withholding thereof is contrary 
to the interests of the national defense, and any person willfully 
violating this provision shall, upon conviction, be fined not more than 
$10,000 or imprisoned for not more than one year, or both. 
(6) Any person subpenaed under this section shall have the right 
to make a record of his testimony and to be represented by counsel. 
(7) No individual who, having claimed his privilege against self-
incrimination, is compelled to testify or produce evidence, documentary 
or otherwise, under the provision of this section, may be prosecuted 
in any criminal proceeding of the offense of discrimination established 
by this section. 
(e) As used in this section— 
(1) The term "United States" when used in a geographical sense 
includes the several States, the possessions of the United States, 
the Canal Zone, and the District of Columbia. 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 543 
(2) The term "discrimination" means the willful refusal or 
failure of a supplier, when requested by the Secretary of Defense 
or his designee, to supply petroleum products for the use of the 
Armed Forces of the United States under the terms of any con-
tract or under the authority of the Defense Production Act, as 
amended (64 Stat. 798, 50 U.S.C. App. 2061-2166), the Emer-
gency Petroleum Allocation Act, as amended (Public Law 93-
159); or under the provisions of any other authority, on terms not 15 U
S
C 751 note, 
inconsistent with the applicable Armed Services Procurement 
Regulations, as amended from time to time, and at prices which 
are fair and reasonable and do not exceed prices received for simi-
lar products and quantities from other domestic or foreign cus-
tomers. Disagreements as to price or other terms or conditions 
shall be disputes as to questions of fact to be resolved in the man-
ner prescribed by the applicable Armed Services Procurement 
Regulations, as amended from time to time, for the settlement of 
disputes arising out of contracts and shall not be a basis for delay 
or refusal to supply petroleum products. 
(3) The term "supplier*' means any citizen or national of the 
United States, any corporation organized or operating within 
the United States, or any organization controlled by any United 
States citizen, national, or corporation organized or operating 
within the United States, engaged in producing, refining or 
marketing of petroleum or petroleum products. 
(f) Any supplier who willfully discriminates as prohibited by sub- Penalty, 
section (b) (1) of this section shall, upon conviction, be fined not more 
than $100,000 or imprisoned for not more than two years, or both. 
(g) If any provision of this section or the application thereof to 
any person or circumstances is held invalid, the validity of the remain-
ing provisions of this section and the application of such provision to 
other persons and circumstances shall not be affected thereby. 
(h) The provisions of this section shall expire two years after the Expiration, 
date of enactment of this Act, except that— 
(1) any supplier who, before the date of the expiration of this 
section, willfully violated any provision of this section shall be 
punished in accordance with the provisions of such section as in 
effect on the date the violation occurred; 
(2) any proceeding relating to any provision of this section 
which is pending at the time this section expires shall be continued 
by the Attorney General as if this subsection had not been 
enacted, and orders issued in any such proceeding shall continue 
in effect as if they had been effectively issued under this section 
before the expiration thereof or until otherwise terminated by 
appropriate action; 
(3) the expiration of this section shall not affect any suit, 
action, or other proceeding lawfully commenced before the expi-
ration of this section, and all such suits, actions, and proceedings 
shall be continued, proceedings therein had, appeals therein taken, 
and judgments therein rendered, in the same manner and with 
the same effect as if this section had not expired; and 
(4) the provisions of this section relating to the improper pub-
lication or disclosure of information shall continue in effect, in the 
same manner and with the same effect as if this section had not 
expired, with respect to any publication or disclosure (prohibited 
by such section before the expiration thereof) made after the 
expiration of such section if the information published or dis-
closed was obtained under authority of this section before the 
expiration of this section. 
89 STAT. 544 
PUBLIC LAW 94-106—OCT. 7, 1975 
Report to 
congressional 
committees. 
50 use 1511 
note. 
"Lethal binary 
chemical 
munitions." 
37 use 1009 
note. 
Enlisted aides. 
SEC. 817. The Secretary of Defense shall provide to the Committees 
on Armed Services of the Senate and the House of Representatives a 
plan that identifies the platform and funding for AEGIS fleet 
implementation. 
SEC. 818. (a) Notwithstanding any other provision of law, none of 
the funds authorized to be appropriated by this or any other Act shall 
be used for the purpose of production of lethal binary chemical muni-
tions unless the President certifies to Congress that the production of 
such munitions is essential to the national interest and submits a full 
report thereon to the President of the Senate and the Speaker of the 
House of Representatives as far in advance of the production of such 
munitions as is practicable. 
(b) For purposes of this section the term "lethal binary chemical 
munitions" means (1) any toxic chemical (solid, liquid, or gas) which, 
through its chemical properties, is intended to be used to produce injury 
or death to human beings, and (2) any unique device, instrument, 
apparatus, or contrivance, including any components or accessories 
thereof, intended to be used to disperse or otherwise disseminate any 
such toxic chemical. 
SEC. 819. (a) Notwithstanding any other provision of law, the 
aggregate amount of any upward adjustments in certain elements of 
compensation of members of the uniformed services required by sec-
tion 1009 of title 37, United States Code, may not exceed 5 per centum 
during the period from January 1,1975, through June 30,1976, except 
that no such restriction shall apply unless a 5 per centum restriction 
on the aggregate amount of upward adjustments of the General Sched-
ule of compensation for Federal classified employees as contained in 
section 5332 of title 5, United States Code, is also required during that 
period. 
(b) No reduction in compensation is required under subsection (a) 
of any upward adjustment that may have been put into effect under 
section 1009 of title 37, United States Code, between Januarj^ 1, 1975, 
and the date of enactment of this section. 
(c) Any upward adjustment in compensation which has been limited 
by subsection (a) of this section to an amount or amounts less than 
otherwise would have been in effect shall not be increased subsequent 
to June 30, r976— 
(1) in order to compensate a member for the difference between 
the amounts he has received under the provisions of subsection 
(a) and the amounts he would have otherwise received; or 
(2) except in accordance with the normal procedures and timing 
which would have been in effect for any such pay increase subse-
quent to June 30, 1976, without regard to any limitation under 
subsection (a) of this section. 
SEC. 820. (a) Notwithstanding any other provision of law, the 
total number of enlisted members of the Armed Forces of the United 
States that may be assigned or otherwise detailed to duty as enlisted 
aides on the personal staffs of officers of the Army, Navy, Marine Corps, 
Air Force, and Coast Guard (when operating as a service of the Navy) 
during any fiscal year shall be a number determined by (1) multiplying 
4 times the number of officers servin.q: on full-time active duty at the end 
of the fiscal year in the pay grade of O-IO, (2) multiplying 2 times the 
number of officers serving on full-time active duty at the end of the 
fiscal year in the pay grade of 0-9, and (3) adding the products 
obtained under clauses (1) and (2). 
PUBLIC LAW 94-106—OCT. 7, 1975 
89 STAT. 545 
(b) The Secretary of Defense shall allocate the aides authorized by 
subsection (a) of this section among officers of the Armed Forces, in 
such numbers as he determines appropriate, on the basis of the duties 
of such officers. 
(c) This section shall not apply with respect to the number of aides 
assigned to generals of the Army or admirals of the Fleet. 
SEC. 821. Notwithstanding any provision of section 2004 of title 10, 10 USC 2004 
United States Code, an officer in any pay grade who was in a missing note, 
status (as defined in section 551(2) of title 37, United States Code) 
after August 4,1964, and before May 8,1975, may be selected for detail 
for legal training under that section 2004 on other than a competitive 
basis and, if selected for that training, is not counted in computing, for 
the purpose of subsection (a) of that section 2004, the number of 
officers who may commence that training in any single fiscal year. For 
the purposes of determining eligibility under that section 2004, the 
period of time during which an officer was in that missing status may 
be disregarded in computing the period he has served on active duty. 
SEC. 822. This Act may be cited as the "Department of Defense Short title. 
Appropriation Authorization Act, 1976". 
Approved October 7, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-199 (Comm. on Armed Services) and Nos. 94-413 and 
94-488 (Comm. of Conference). 
SENATE REPORTS: No. 94-146 accompanying S. 920 (Comm. on Armed Services) and 
Nos. 94-334 and 94-385 (Comm. of Conference). 
CONGRESSIONAL RECORD, VoL 121 (1975): 
May 15, 19, 20, considered and passed House. 
May 22, June 2-5, S. 920 considered in Senate. 
June 6, considered and passed Senate, amended, in lieu of S. 920. 
July 30, House agreed to conference report. 
Aug. 1, Senate rejected conference report. 
Sept. 3, House disagreed to Senate amendments and asked for further conference 
with the Senate; Senate insisted upon its amendments and requested further 
conference with the House. 
Sept. 24, House agreed to conference report. 
Sept. 26, Senate agreed to conference report.