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TITLE I MILITARY PERSONNEL MILITARY PERSONNEL, A R M Y

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $7,780,263,000. MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $5,679,810,000. MILITARY PERSONNEL, NAVY, 1969,

1971

(Liquidation of Deficiencies) For an additional amount for "Military personnel. Navy" for fiscal year 1969, $7,976,000; and fiscal year 1971, $35,380,000; for liquidation of obligations incurred and chargeable to those accounts: Provided, That the fiscal years 1971 and 1973 Military personnel. Navy accounts shall be adjusted to reflect all payments authorized by Public Law 92-570 on behalf of the fiscal year 1971 account. INIiLiTARY P E R S O N N E L, M A R I N E

CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $1,695,456,000. MILITARY PERSONNEL, A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the xlir Force on active duty (except members of reser\e components provided for elsewhere), cadets, and aviation cadets; $7,229,531,000. RESERVE PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty

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under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $493,800,000. RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $211,900,000. RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $66,800,000. RESERVE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Air Reserve Officers' Training Corps, as authorized by law; $147,865,000. NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by lavv*: $660,800,000. NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the xlir National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $204,527,000. TITLE II RETIRED MILITARY PERSONNEL RETIRED P A Y, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps,

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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and the Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Keserve, and payments under section 4 of Public Law 92-425 and chapter 73 of title 10, United J,l "^^ '^^^ States Code; $6,040,600,000. lo use i431. TITLE III OPERATION AND M A I N T E N A N C E OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,689,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $6,137,532,000, of which not less than $355,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $3,707,000 can be used for emergencies and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $7,151,175,000, of which not less than $235,000,000 shall be available only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,130,000,000 shall be available for the performance of such work in Navy shipyards. OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $449,284,000, of which not less than $50,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $2,293,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $7,062,030,000, of which not less than $350,000,000 shall be available only for the maintenance of real property facilities.

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OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as authorized by law; as follows: foi- the Secretary of Defense activities, $752,643,0b, of which $489,0,00 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $201,932,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $10,924,000; for the Office of Information for the Armed Forces, $14,356,000; for the Defense Contract Audit xVgency, $66,193,000; for the Defense Investigative Service, $25,401,000; for the Defense Mapping Agency, $170,801,000; for the Defense Nuclear Agency, $21,215,000; for the Defense Supply Agency, $761,453,000; and for Intelligence and communications activities, $527,173,000; in all: $2,350,159,000: Provided, That of the total amount of this appropriation, not to exceed $6,518,000 can be used for emergencies and extraordinary expenses, to be expended on the approval oi" authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $19,500,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $276,600,000, of which not less than $18,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $245,200,000, of which not less than $11,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $11,700,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities.

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OPERATION AND MAINTENANCE, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $286,680,000, of which not less than $4,200,000 shall be available only for the maintenance of real property facilities. OPERATION ANU MAINTENANCE,

ARMY

NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and I'epairs to structures and facilities; hire of passenger motor vehic-es; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $589,500,000, of which not less than $13,500,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A I R NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in nonFederal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, or Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief. National Guard Bureau; $642,500,000, of which not "less than $5,000,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION or RIFLE PRACTICE, ARMY

For the necessary expenses of construction, ecpiipment, and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $10,000 for incidental expenses of the National Board; $178,000: Provided, That travel expenses of civilian members of the National i° use 4308 Board shall be paid in accordance with the Standardized Govern- "°"'" ment Travel Regulations, as amended.

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text: The Boys of Columbia High on the River/Chapter 14


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NAVAL PETROLEUM RESERVE

For expenses of exploration, prospecting, conservation, development, production, use and operation of the naval petroleum and oil shale reserves as authorized by law, $69,400,000, to remain available for obligation until June 30, 1976. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $54,600,000. CONTINGENCIES, DEFENSE

For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States Court of Military Appeals; $1,065,000. TITLE IV PROCUREMENT AIRCRAFT PROCUREMENT, ARMY

40 USC 255.

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 855, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $242,800,000, and in addition, $7,000,000, which shall be derived by transfer from "Aircraft Procurement, Army, 1974/1976", to remain available for obligation until June 80, 1977. MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section

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355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $416,500,000, and in addition, $15,000,000, of which $10,000,000 shall be derived by transfer from "Missile Procurement, Army, 1974/1976" and $5,000,000 shall be derived by transfer from "Missile Procurement, Army, 1973/1975", to remain available for obligation until June 30, 1977. PROCUREMENT or WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; training devices; expansion of public and private plants, mcluding the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $344,800,000, and in addition, $3,000,000, which shall be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army, 1974/1976", to remain available for obligation until June 30, 1977. PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $720,200,000, and in addition, $170,000,000, of which $111,400,000 shall be derived by transfer from "Procurement of Ammunition Army, 1973/1975" and $58,600,000 shall be derived by transfer from "Procurement of Ammunition, Army, 1974/1976", to remain available for obligation until June 30, 1977. OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand four hundred and sixtynine passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $681,100,000, and in addition.

1219 40 USC 255.

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$3,000,000, which shall be derived by transfer from "Other Procurement, Army, 1974/1976", to remain available for obligation until June 30, 1977. AIRCRAFT PROCUREMENT, NAVT

40 USC 255.

For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,775,400,000, to remain available for obligation until June 30, 1977. WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $729,500,000, and in addition, $10,000,000, which shall be derived by transfer from "Weapons Procurement, Navy, 1974/1976", to remain available for obligation until June 30, 1977. SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows: for the Trident program, $1,166,800,000; for the SSN-688 nuclear attack submarine, $502,500,000; for the DLGN nuclear powered guided missile frigate program, $244,300,000, which shall be available only for construction of DLGN 41 and for advance procurement funding for DLGN 42, both ships to be constructed as follow ships of the DLGN 38 class; for the DD-963 program, $457,100,000; for the patrol hydrofoil missile program, $92,300,000; for the patrol frigate program, $186,000,000; for a destroyer tender, $116,700,000; for a fleet ocean tug, $10,800,000; for the Poseidon conversion of fleet ballistic-missile submarines, $104,600,000; for conversion of a submarine tender, $18,300,000; for craft, $22,000,000; for pollution abatement craft, $10,400,000; for outfitting material, $24,900,000; for post delivery, $30,400,000; and for escalation on prior year programs, $71,900,000; in all: $3,059,000,000, and in addition $70,000,000 for escalation and cost growth on prior year programs which shall be derived by transfer from "Shipbuilding and Conversion, Navv 1973/1977". to remain available for obligation until June 3, 1979: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign ship-

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yards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVT

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed seven hundred and twenty-four passenger motor vehicles, for replacement only, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $1,582,600,000, and in addition, $20,800,000, of which $10,200,000 shall be derived by transfer from "Other Procurement, Navy, 1973/1975" and $10,600,000 shall be derived by transfer from "Other Procurement, Navy, 1974/1976", to remain available for obligation until June 30, 1977. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants; and vehicles for the Marine Corps, including purchase of not to exceed fifty-five passenger motor vehicles, for replacemeiit only; $207,800,000, and in addition, $10,000,000, of which $5,000,000 shall be derived by transfer from "Procurement, Marine Corps, 1973/1975" and $5,000,000 shall be derived by transfer from "Procurement, Marine Corps, 1974/ 1976", to remain available for obligation until June 30, 1977. AIRCRAFT PROCUREMENT, A I R FORCE

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $3,062,800,000, and in addition, $153,600,000, of which $106,800,000 shall be derived by transfer from "Aircraft Procurement, Air Force 1974/1976" and $46,800,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1973/1975", to remain available for obligation until June 30. 1977. INIissiLE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor,

'*° "sc 255.

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Page:Aesthetic Papers.djvu/205

Rh made up chiefly of editors, and men who are politicians by profession; but I think, what is it to any independent, intelligent, and respectable man what decision they may come to, shall we not have the advantage of his wisdom and honesty, nevertheless? Can we not count upon some independent votes? Are there not many individuals in the country who do not attend conventions? But no: I find that the respectable man, so called, has immediately drifted from his position, and despairs of his country, when his country has more reason to despair of him. He forthwith adopts one of the candidates thus selected as the only available one, thus proving that he is himself available for any purposes of the demagogue. His vote is of no more worth than that of any unprincipled foreigner or hireling native, who may have been bought. Oh for a man who is a man, and, as my neighbor says, has a bone in his back which you cannot pass your hand through! Our statistics are at fault: the population has been returned too large. How many men are there to a square thousand miles in this country? Hardly one. Does not America offer any inducement for men to settle here? The American has dwindled into an Odd Fellow,—one who may be known by the development of his organ of gregariousness, and a manifest lack of intellect and cheerful self-reliance; whose first and chief concern, on coming into the world, is to see that the alms-houses are in good repair; and, before yet he has lawfully donned the virile garb, to collect a fund for the support of the widows and orphans that may be; who, in short, ventures to live only by the aid of the mutual insurance company, which has promised to bury him decently.

It is not a man's duty, as a matter of course, to devote himself to the eradication of any, even the most enormous wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it, and, if he gives it no thought longer, not to give it practically his support. If I devote myself to other pursuits and contemplations, I must first see, at least, that I do not pursue them sitting upon another man's shoulders. I must get off him first, that he may pursue his contemplations too. See what

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[88 STAT.

ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of ^itile as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,533,700,000, and in addition, $5,000,000, which shall be derived by transfer from "Missile Procurement, Air Force, 1974/1976", to remain available for obligation until June 30, 1977. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand three hundred and thirty-eight passenger motor vehicles for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $1,776,500,000, and in addition, $12,600,000, of which $500,000 shall be derived by transfer from "Other Procurement, Air Force, 1973/1975" and $12,100,000 shall be derived by transfer from "Other Procurement, Air Force, 1974/1976", to remain available for obligation until June 30, 1977. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; purchase of three hundred and eightysix passenger motor vehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $98,416,000, to remain available for obligation until June 30, 1977. TITLE V R E S E A R C H, DEVELOPMENT, T E S T, AND E V A L U A T I O N RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,779,339,000, to remain available for obligation until June 30, 1976.

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RESEARCH, DEVELOPMENT, T?:ST, AND EVALUATION. NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,006,914,000, to remain available for obligation until June 30. 1976. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,274,360,000, to remain available for obligation until June 30, 1976. RESEARCH, DEVELOPMENT, TEST, AND EVALU.ITION, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $491,057,000, to remain available for obligation until June 30, 1976: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred. DIRECTOR OF TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith, $25,000,000, to remain available for obligation until June 30, 1976. TITLE VI S P E C I A L FOREIGN C U R R E N C Y PROGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law, $2,900,000, to remain available for obligation until June 30, 1976: Provided, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing currencies.

Transfer of funds.

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PUBLIC LAW 93.437-OCT. 8, 1974

[88 STAT.

TITLE VII MILITARY ASSISTANCE, SOUTH VIETNAMESE FORCES For necessary expenses to support South Vietnamese military forces, to be obligated only by the issuance of orders by the Secretary of Defense for such support, $700,000,000: Provided. That this appropriation shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind for South Vietnamese military forces, which obligations shall in the case of non-excess materials and supplies to be furnished from the inventory of the Department of Defense be equal to the replacement costs thereof at the time such obligation is incurred and in the case of excess materials and supplies be equal at the actual value thereof at the time such obligation is incurred: Provided further. That none of the funds appropriated in this title shall be used for compensation or allowances of more than 2,850 citizens of the United States in South Viet Nam who are members of the Armed Services or employees of or under contract to the Armed Services or the Department of Defense or any departments or- .agencies thereof. TITLE VIII GENERAL PROVISIONS ^"^^L'^da °'^

"^^'^^ • ^^^^" ^*^ P^^'"^ °^ ^^^y appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Experts or SEC. 802. During the current fiscal year, the Secretary of Defense consu tants. .^^^^ ^j^^ Secrctarics of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. Employment of gj,(.^ gQg^ During the curreut fiscal year, provisions of law prohibit31 USC 700. ing the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. avtu^'abTiuyl'""'' SEC. 804. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. Prisoners of g^^ gQ;^^ Any appropriation available to the Army, Navy, or the 31 USC 649a. Air ForcB may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and

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 88 STAT. ]

PUBLIC LAW 93-437-OCT. 8, 1974

1225

allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 806. Appropriations available to the Department of Defense for. "-and acquisithe current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code. SEC. 807. Appropriations for the Department of Defense for the ^^^^^f/^'^'""'' current fiscal year shall be available, (a) except as authorized by the '"' °° '"^' Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $202,343,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty p a y: Provided further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of defi- •^^^''^ents^^ ciency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including pay- Leasing. ment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for main- TOOIS and fatenance of tools and facilities for twelve months beginning at any ^^^^^^• time during the fiscal year; (g) maintenance of defense access roads Access roads. certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for ^'^^ program. enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended. 22 USC 2335. SEC. 808. Appropriations for the Department of Defense for the incidental excurrent fiscal year shall be available for: (a) donations of not to To'ijsc'TsT"'' exceed $25 to each prisoner upon each release from confinement in note. military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and

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 1226

10 USC 807 note.

Small b u s i n e s s assistance.

Mess operations

liJuta'tfo/^^'^ Reimbursable appropriations.

Report to e o n g re ss

50 USC looa.

PUBLIC LAW 93-437-OCT. 8, 1974

[88 STAT.

supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 809. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act. gj,^_ g|Q^ -^^ appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. ^^^' ^^^' ^^ P^^^ ^^ ^^y appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 812. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further, That no funds available to agencies of the Department of Defense shall be used for the

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 STAT.]

PUBLIC LAW 93-437-OCT. 8, 1974

operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sw^eating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 813. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 814. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 815. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with

1227

Funds, apportionment exemption. 31 USC 665.

Airborne alert expenses.

Military personnel i n c r e a s e s, expenses.

Report to Congress.

Commissary stores.

Free u t i l i t i e s outside U.S. and in A l a s k a.

Proficiency flying.

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 1228

goods!^ °

traTit^fer^^' 40 USC 483a.

fundi'Tgys limitation.

Foreign real property, use.

31 USC 700a.

Report to Conof Management and Budget. Research and funds?^""^"

pensesr'r'e°rtr1ction.

qu^i^m'en°r^'^

requirements 10 USC 2103 10 note

PUBLIC LAW 93-437-OCT. 8, 1974

[88 STAT.

regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 816. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. Ec. 817. Vcsscls under the jurisdiction of the Department of Commcrcc, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 818. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. gj,(. g]^9 During the currcut fiscal year the agencies of the Departmcut of Dcfcnsc may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. jj^ addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further. That within thirty days after the end of each quarter the Sccrctary of Defcusc shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. gj,^ §20, During the currcut fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 821. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 822. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the

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 STAT.]

PUBLIC LAW 93-437-OCT. 8, 1974

senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyaUy oath in such form as shall be prescribed by the Secretary of Defense. SEC. 823. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further. That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 824. Xone of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 825. During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 826. Appropriations contained in this Act shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 827. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 828. During the current fiscal year, the Secretary of Defense shall, upon requisition of the National Board for the Promotion of

1229

Procurement restrictions.

Service facilities.

Airmail reimbursement.

Furnishings and automobiles, purchase.

Ammunition, transfer.

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 1230

Travel expenses

lia'ison'^act^i^itri

Civil reserve air fleet.

Civilian cloth-

ing

Defense cont r a c to r s ' adver tising c o s t s, re

strictions.

New facilities,

PUBLIC LAW 93-437-OCT. 8, 1974

[88 STAT.

Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the board ammunition from stock or which has been procured for the purposes in such amounts as he may determine. Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the Reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. ^^^' ^^^' ^ u u d s provided in this Act for congressional liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,320,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 830. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft ©iterated by the civil air fleet. gj,^^ gg]^ During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 832. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advcrtlsing for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall fee promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap O * surplus materials acquired by the contractor in the perT formance of a defense contract. Q^^^^ g^^^ Fuuds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $50,000: Provided. That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section.

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PUBLIC LAW 93-437-OCT. 8, 1974

SEC. 834. During the current fiscal year upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same tune period, as the appropriation or fund to which transferred: Prodded^ That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated, and in no case where the item for which funds are requested has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 835. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 836. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such afmounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget. SEC. 837. No part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 838. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 839. None of the funds herein appropriated may be obligated or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia. SEC. 840. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 841. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects. SEC. 842. Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical

L231 Transfer of funds.

Notice to Congress. Contract payments in foreign countries.

Working c a p i t a l funds.

Convicted rioters.

Campus d i s rupters.

Vietnam, L a o s, or Cambodia, combat a c t i v i t i e s

Heating plant conversion. Involuntary experimental subjects.

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 1232

Reprogramming of funds.

Petroleum fuels to Southeast Asia. Space and services furnished by GSA, c h a r g e s.

40 USC 490. Pay or allowances of commissioned officers on active duty.

PUBLIC LAW 93-437-OCT. 8, 1974

Enlisted a i d e s, limitation. O T H radar s y s tem, s i t e acquisition or construction. War m a t e r i a l s, transfer.

STAT.

and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 843. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress. SEC. 844. None of the funds contained in this Act shall be used to furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals. SEC. 845. No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended for space and services. SEC. 846. (a) During the last quarter of the fiscal year 1975, no funds appropriated by this Act shall be used for the pay, compensation, or allowances of commissioned officer personnel on active duty in the Armed Forces (excluding Reserve officers on active duty training or Reserve officers and Retired officers ordered to active duty for periods of thirty days or less) in excess of the following numbers in each grade: Ranks O-IO: General or admiral 0 - 9: Lieutenant general or vice a d m i r a l 0 - 8: Major general or rear a d m i r a l 0 - 7: Brigadier general or rear admiral 0 - 6: Colonel or captain of the Navy 0 - 5: Lieutenant colonel or commander 0 - 4: Major or lieutenant command e r.

U.S. military forces abroad, support.

[88

Department of Defense 36 128 436 576 15, 282 32, 986 54, 623

(b) Vacancies within the allowances prescribed by subsection (a) of this section for any grade may be assigned to any lower grade or grades. SEC. 847. None of the funds appropriated by this Act shall be available for use after May 31, 1975, to support United States military forces stationed or otherwise assigned to duty outside the United States in any number greater than 452,500, not including military personnel assigned to duty aboard United States naval vessels. SEC. 848. None of the funds appropriated by this Act may be used to support more than five hundred enlisted aides in the United States Armed Forces. SEC. 849. None of the funds appropriated by this Act may be used for site acquisition or construction of the Conus Over-The-Horizon ( O T H) radar system receiver antenna during the period beginning with the date of enactment of this Act and ending May 31, 1975. SEC. 850. No funds appropriated to the Department of Defense in this Act may be used to transfer war materials to any foreign country, unless such transfers are specifically authorized by law.

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 88 STAT. ]

PUBLIC LAW 93-438-OCT. 11, 1974

1233

TITLE IX—RELATED AGENCY D E F E N S E MANPOWER COMMISSION For necessary expenses of the Defense Manpower Commission in carrying out the provisions of title VII of the Department of Defense Appropriation Authorization Act, 1974, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and hire of passenger motor vehicles, $800,000: Provided, That the unobligated balance of the appropriation granted under this heading for the Fiscal Year 1974 shall remain available during the current fiscal year. This Act may be cited as the "Department of Defense Appropriation Act, 1975". Approved October 8, 1974.

10 USC 131 note. 5 USC 5332 note.

Short title.

Public Law 93-438 AN ACT

To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

1. This Act may be cited as the "Energy Reorganization Act of 1974". SECTIOX

October 11, 1974 [H.R. 11510]

Energy Reorganization Act of 1974, ''^ "^^ ^^°^

DECLARATION OF PURPOSE

SEC. 2. (a) The Congress hereby declares that the general welfare ''^ use ssoi. and the common defense and security require effective action to develop, and increase the efficiency and reliability of use of, all energy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its position in regard to international trade, to make the Nation self-sufficient in energy, to advance the goals of restoring, protecting, and enhancing environmental quality, and to assure public health and safet3^ (b) The Congress finds that, to best achieve these objectives, improve ^""^y Government operations, and assure the coordinated and effective veTopme^nt development of all energy sources, it is necessary to establish an ^'^^'"i^'®^'"^"°"> Energy Research and Development Administration to bring together establishment. "" ""^ " ^ and direct Federal activities relating to research and development on the various sources of energy, to increase the efficiency and reliability in the use of energy, and to carry out the performance of other functions, including but not limited to the Atomic Energy Commission's military and production activities and its general basic research

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AEc^iiTen°s'ing and regulatory functions.

Small b u s i n e s s participation.

Priorities.

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[88 STAT.

activities. In establisliing an E n e r ^ Research and Development Administration to achieve these objectives, the Congress intends that all possible sources of energy be developed consistent with warranted priorities. (c) The Congress finds that it is in the public interest that the Hccnsing and related regulatory functions of the Atomic Energy Commission be separated from the performance of the other functions of the Commission, and that this separation be effected in an orderly manner, pursuant to this Act, assuring adequacy of technical and other resources necessary for the performance of each. (d) The Congress declares that it is in the public interest and the policy of Congress that small business concerns be given a reasonable opportunity to participate, insofar as is posssible, fairly and equitably in grants, contracts, purchases, and other Federal activities relating to research, development, and demonstration of sources of energy efficiency, and utilization and conservation of energy. In carrying out this policy, to the extent practicable, the iVdministrator shall consult with the Administrator of the Small Business Administration. (e) Determination of priorities which are warranted should be based on such considerations as power-related values of an energy source, preservation of material resources, reduction of pollutants, export market potential (including reduction of imports), among others. On such a basis, energy sources warranting priority might include, but not be limited to, the various methods of utilizing solar energy. TITLE I — E N E R G Y R E S E A R C H AND DEVELOPMENT ADMINISTRATION ESTABLISHMENT

42 USC 5811.

gj,^_ -^Q-^^ There is hereby established an independent executive agency to be known as the Energy Research and Development Administration (hereinafter in this Act referred to as the "Administration"). OFFICERS

Administrator. 42 USC 5812.

Deputy Administrator.

SEC. 102. (a) There shall be at the head of the Administration an Administrator of Energy Research and Development (hereinafter in this Act referred to as the "Administrator"), who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. A person may not be appointed as Administrator within two years after release from active duty as a commissioned officer of a regular component of an Armed Force. The Administration shall be administered under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration. (j^^ Tlicre shall bc in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.

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PUBLIC LAW 93-438-OCT. 11, 1974

(c) The President shall appoint the Administrator and Deputy Administrator from among individuals who, by reason of their general background and experience are specially qualified to manage a full range of energy research and development programs. (d) There shall be in the Administration six Assistant Administrators, one of whom shall be responsible for fossil energy, another for nuclear energy, another for environment and safety, another for conservation, another for solar, geothermal, and advanced energy systems, and another for national security. The iVssistant Administrators shall be appointed by the President, by and with the advice and consent of the Senate. The President shall appoint each Assistant Administrator from among individuals who, by reason of general background and experience, are specially qualified to manage the energy technology area assigned to such Assistant Administrator. (e) There shall be in the Administration a General Counsel who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator. (f) There shall be in the Administration not more than eight additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic Energy Act. (g) The Division of Military Application transferred to and established in the Administration by section 104(d) of this Act shall be under the direction of a Director of Military Application, who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade. The functions, qualifications, and compensation of the Director of Military Application shall be the same as those provided under the Atomic Energy Act of 1954, as amended, for the Assistant General Manager for Military Application. (h) Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall delegate to one such officer the special responsibility for international cooperation in all energy and related environmental research and development. (i) The Deputy Administrator (or in the absence or disability of the Deputy Administrator, or in the event of a vacancy in the office of the Deputy Administrator, an Assistant Administrator, the General Counsel or such other official, determined according to such order as the Administrator shall prescribe) shall act for and perform the functions of the Administrator during any absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator. RESPONSIBILITIES

OF THE

Assistant Administrators.

General Counsel. Additional officers.

Director of Military Application.

42 USC 2011 note.

International cooperation.

Order of succession.

ADMINISTRATOR

SEC. 103. The responsibilities of the Administrator shall include, but not be limited to— (1) exercising central responsibility for policy planning, coordination, support, and management of research and development

42 USC 5813.

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 CHAPTER XV

WHERE THE SPRING CROSSED THE ROAD

eye was glued upon the leading shells.

Bellport was out of it, being an even length behind Clifford. But the latter had commenced to shoot up on Columbia, and was gaining fast!

Many a faithful Columbia heart stood still in that dreadful moment, when hope fled from its throne, and they saw defeat staring them in the face.

There was only one chance. Frank immediately increased his stroke to the limit, and so guided the boat that the pull of the four oars against three would not be apt to throw them out of a straight line.

Jonsey, with his last effort, had thrown his spoon-oar far aside, and it had been left behind in that mad dash for the line. Still the Clifford boat shoved up. Now Frank could see its nose passing him, and he shut his teeth hard; but there was no remedy. Perhaps they might yet be saved by the nearness of Rh


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[88 STAT.

programs respecting all energy sources, including assessing the requirements for research and development in regard to various energy sources in relation to near-term and long-range needs, policy planning in regard to meeting those requirements, undertaking programs for the optimal development of the various forms of energy sources, managing such programs, and disseminating information resulting therefrom; (2) encouraging and conducting research and development, including demonstration of commercial feasibility and practical applications of the extraction, conversion, storage, transmission, and utilization phases related to the development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources; (3) engaging in and supporting environmental, biomedical, physical, and safety research related to the development of energy sources and utilization technologies; (4) taking into account the existence, progress, and results of other public and private research and development activities, including those activities of the Federal Energy Administration relating to the development of energy resources using currently available technology in promoting increased utilization of energy resources, relevant to the Administration's mission in formulating its own research and development programs; (5) participating in and supporting cooperative research and development projects which may involve contributions by public or private persons or agencies, of financial or other resources to the performance of the work; (6) developing, collecting, distributing, and making available for distribution, scientific and technical information concerning the manufacture or development of energy and its efficient extraction, conversion, transmission, and utilization; (7) creating and encouraging the development of general information to the public on all energy conservation technologies and energy sources as they become available for general use, and the Administrator, in conjunction with the Administrator of the Federal P^nergy Administration shall, to the extent practicable, disseminate such information through the use of mass communications; (8) encouraging and conducting research and development in energy conservation, which shall be directed toward the goals of reducing total energy consumption to the maximum extent practicable, and toward maximv^m possible improvement in the efficiency of energy use. Development of new and improved conservation measures shall be conducted with the goal of the most expeditious possible application of these measures; (9) encouraging and participating in international cooperation in energy and related environmental research and development; (10) helping to assure an adequate supply of manpower for the accomplishment of energy research and development programs,

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by sponsoring and assisting in education and training activities in institutions of higlier education, vocational schools, and other institutions, and by assuring the collection, analysis, and dissemination of necessary manpower supply and demand data; (11) encouraging and conducting research and development in clean and renewable energy sources. A B O L r r i O N A N D TRANSFERS

SEC. lOL (a) The Atomic Energy Commission is hereby abolished. c^mmTssion.*"^*^^ Sections 21 and 22 of the Atomic Energy Act of 1954, as amended (42 42 USC 5814. U.S.C. 2031 and 2082) are repealed. ' ^"^P"^^(b) All other functions of the Commission, the Chairman and ^^'^^'^"^^^'^ °^ members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse i^ursuant to the provisions of this Act. (c) There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this Act. (d) The General Advisory Committee established pursuant to section 26 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2036), the Patent Compensation Board established pursuant to section 157 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2187), and the Divisions of Military Application and Naval Reactors established pursuant to section 25 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2035), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 27 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2037), are transferred to the Administrator. (e) There are hereby transferred to and vested in the Administrator tnentTunctio'^ns''.'^*' such functions of the Secretary of the Interior, the Department of the Interior, and officers and components of such department— (1) as relate to or are utilized by the Office of Coal Research established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30 U.S.C.661-668); (2) as relate to or are utilized in connection with fossil fuel energy research and development programs and related activities conducted by the Bureau of Mines "energy centers" and synthane plant to provide greater efficiency in the extraction, processing, and utilization of energy resources for the purpose of conserving those resources, developing alternative energy resources, such as oil and gas secondary and tertiary recovery, oil shale and synthetic fuels, improving methods of managing energyrelated wastes and pollutants, and providing technical guidance needed to establish and administer national energy policies; and (3) as relate to or are utilized for underground electric power transmission research. The Administrator shall conduct a study of the potential energy "euum applican.

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applications ot helium and, within six months from the date of the

tions study.

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 1238 Report to P r e s i d e n t and Congress. National Science Foundation functions.

Environmental Protection Agency functions.

Use of other agencies' capabilities.

PUBLIC LAW 93-438-OCT. 11, 1974

[88

STAT.

enactment of this Act, report to the President and Congress his recommendations concerning the management of the Federal helium programs, as they relate to energy. (f) There are hereby transfen-ed to and vested in the Administi-ator such functions of the National Science Foundation as relate to or are utilized in connection with— (1) solar heating and cooling development; and (2) geothermal power development. (g) There are hereby transferred to and vested in the Administrator such functions of the Environmental Protection Agency and the officers and components thereof as relate to or are utilized in connection with T-esearch, development, and demonstration, but not assessment or monitoring for regulatory purposes, of alternative automotive power systems. (h) To the extent necessary or appropriate to perform functions and carry out programs transferred by this Act, the Administrator and Commission may exercise, in relation to the functions so transferred, any authority oi- part thereof available by law. including appropriation Acts, to the official or agency from which such functions were transferred. (i) In the exercise of his responsibilities under section 103, the Administrator shall utilize, with their consent, to the fullest extent he determines advisable the technical and management capabilities of other executive agencies having facilities, personnel, or other resouT'ces which can assist or advantageously be expanded to assist in carrying out such responsibilities. The Administrator shall consult with the head of each agency with respect to such facilities, personnel, or other resources, and may assign, with their consent, specific programs or projects in energy research and development as appropriate. In making such assignments under this subsection, the head of each such agency shall insure that— (1) such assignments shall be in addition to and not detract from the basic mission responsibilities of the agency, and (2) such assignments shall be carried out undei- such guidance as the Administrator deems appropriate. ADMINISTRATIVE TROVISIONS

Regulations. 42 USC 5815..

Policy planning and e v a l u a t i o n.

Delegation of functions.

Organization.

Field offices.

SEC. 105. (a) The Adn)inistrator is authorized to prescribe such policies, standards, criteria, procedures, I'ules, and regulations as he may deem to be necessary or appropriate to perform functions now or hereafter vested in him. (b) The Administrator shall engage in such policy planning, and perform such program evaluation analyses and other studies, as may be necessary to promote the efficient and coordinated administration of the Admmistration and properly assess progress toward the achievement of its missions. (c) Except as otherwise expressly provided by law, the Administrator may delegate any of his functions to such officers and employees of the Administration as he may designate, and may authorize such successive redelegations of such functions as he may deem to be necessary or appropriate. (d) Except as provided in section 102 and in section 104(d), the Administrator may organize the Administration as he may deem to be necessary or appropriate. (e) The Administrator is authorized to establish, maintain, alter, or discontinue such State, regional, district, local, or other field offices as he may deem to be necessary or appropriate to perform functions now or hereafter vested in him.

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(f) The Administrator shall cause a seal of office to be made for the Administration of such device as he shall approve, and judicial notice shall be taken of such seal. (g) The Administrator is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interests of economy and efficiency. There shall be transferred to the fund the stocks of supplies, equipment, assets other than real property, liabilities, and unpaid obligations relating to the services which he determines will be performed through the fund. Appropriations to the fund, in such amounts as may be necessary to provide additional working capital, are authorized. The working capital fund shall recover, from the appropriations and funds for which services are performed, either in advance or by way of reimbursement, amounts which will approximate the costs incurred, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from the sale or exchange of its property, and receipts in payment for loss or damage to property owned by the fund. (h) Each department, agency, and instrumentality of the executive branch of the Government is authorized to furnish to the Administrator, upon his request, any information or other data which the Administrator deems necessary to carry out his duties under this title.

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Working c a p i t a l fund.

Informal ion from other a gen-

r E K S O N X K I. AND SERVICES Appointment SEC. 106. (a) The Administrator is authorized to select, appoint, and pay. employ, and fix the compensation of such officers and employees, 42 USC 5816 including attorneys, pursuant to section 161 d. of the Atomic Energy xVct of 1954, as amended (42 II.S.C. 2201(d)) as are necessary to perform the functions now or hereafter vested in him and to prescribe their functions. t and (b) The Administrator is authorized to obtain services as provided c oE x p etra s t s. nsul n by section 3109 of title 5 of the United States Code. (c) The Administrator is authorized to provide for participation Military perof military personnel in the performance of his functions. Members s o n n e l. of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Administration by the appropriate military Secretary, pursuant to cooi^erative agreements with the Secretary, for service in the Administration in positions other than a position the occupant of which must be approved by and with the advice and consent of the Senate. (d) Appointment, detail, or assignment to, acceptance of, and service in, any appointive or other position in the Administration under this section shall in no way affect the status, office, rank, or grade which such officers or enlisted men may occupy or hold, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. A member so appointed, detailed, or assigned shall not be subject to direction or control by his Armed Force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to wiich appointed, detailed, or assigned. (e) The Administrator is authorized to pay transportation expenses, Transportation and per diem in lieu of subsistence expenses, in accordance with " P""" '^'^'"• chapter 57 of title 5 of the United States Code for travel between s use 5701 places of recruitment and duty, and while at places of duty, of persons appointed for emergency, temporary, or seasonal services in the field service of the Administration.

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