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Page:United States Statutes at Large Volume 91.djvu/912

 91 STAT. 878

^

'•

PUBLIC LAW 95-109—SEPT. 20, 1977 Without limiting the general application ot tue foregoing, the following conduct is a violation of this section: "(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. " (2) The false representation of— "(A) the character, a.mount, or legal status of any debt; or "(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. "(3) The false representation or implication that any individual is an attorney or that any comnumication is from an attorney. "(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. " (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. "(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to— "(A) lose any claim or defense to payment of the debt; or "(B) become subject to any practice prohibited by this title. "(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. "(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. "(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. "(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. "(11) Except as otherwise provided for communications to acquire location information under section 804, the failure to disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. "(12) The false representation or implication that accounts have been turned over to innocent purchasers for value. "(13) The false representation or implication that documents are legal process. "(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. "(l''^) The false representation or implication that documents are not legal process forms or do not require action by the consvimer.

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Page:United States Statutes at Large Volume 91.djvu/913

 PUBLIC LAW 95-109~SEPT. 20, 1977

91 STAT. 879

"(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act. 15 USC 1681a. "§ 808. Unfair practices 15 USC I692f. "A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: "(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. "(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. " (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. " (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. " (5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. "(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if— " (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; "(B) there is no present intention to take possession of the property; or "(C) the property is exempt by law from such dispossession or disablement. "(7) Communicating with a consumer regarding a debt by post card. "(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. "§ 809. Validation of debts 15 USC I692g. "(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing— "(1) the amount of the debt; "(2) the name of the creditor to whom the debt is owed; '" "(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or anj'^ portion thereof, the debt will be assumed to be valid by the debt collector;

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Page:United States Statutes at Large Volume 91.djvu/914

 91 STAT. 880

^

15 USC I692h.

15 USC I692i.

f' 15 USC 1692J.

PUBLIC LAW 95-109—SEPT. 20, 1977 " (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and " (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. " (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. "(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "§ 810. Multiple debts " I f any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions. "§ 811. Legal actions by debt collectors " (a) Any debt collector who brings any legal action on a debt against any consumer shall— " (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, b r i n g such action only in a judicial district or similar legal entity in which such real property is located; or " (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity— " (A) in which such consumer signed the contract sued upon; or " (B) in which such consumer resides at the commencement of the action. " (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. "§ 812. Furnishing certain deceptive forms " (a) I t is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. " (b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

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Page:United States Statutes at Large Volume 91.djvu/915

 PUBLIC LAW 95-109—SEPT. 20, 1977

91 STAT. 881

"§ 813. Civil liability 15 USC 1692k. " (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of— " (1) any actual dama<j;e sustained by such person as a result of such failure; " (2)(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or " (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and " (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs, " (b) I n determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors— " (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or " (2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. " (c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. " (d) A n action to enforce any liability created by this title may be Jurisdiction. brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. " (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. "§ 814. Administrative enforcement 15 USC 1692/. " (a) Compliance with this title shall be enforced by the Commission, except to the extent that enforcement of the requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a 15 USC 58. violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/95

Rh and light. He thus entered into the country of a rajah called Jesrat. This rajah was so particular about his water that he guarded his tanks very jealously, allowing no beasts to drink in them. Now the old folks, exhausted by their journey, clamoured for water, so Servan put them down and went to fetch them some. And just as he was reaching over the tank the rajah, who happened to be near and took him in the dark for a wild animal, struck him on the head with a bamboo and killed him. The poor old parents cried out all night for their son, and the next day died for want of food and drink, and the banghi turned into stone and is still to be seen at Pachmari. As to Servan's murderer, Jesrat, soon after the deed he felt a sharp pain in one of his fingers. A splint from the bamboo had pierced the flesh, and the place festered and hurt him very much.

The Rescue of Sita.

Now the Rajah Jesrat had three wives: Kassilla, who had a son called Rāmā; Kakahi, who had two boys, Churat and Bhurat; and Samantra who had one son, Lakshman. Jesrat's finger was so painful that in order to try and draw out the splint his three wives took it in turn to suck the place, each keeping awake several hours in the night to perform this office. And when Kakahi, his second wife, was sucking, the splint came out, and the rajah experienced much relief and fell asleep. The next day he was very pleased, and bade Kakahi ask for whatever she would like and he would grant her wish. Kakahi at first replied she had diamonds, pearls, and gold, and in fact all she cared for already. But upon being pressed by her husband she at last said, "I should like the sons of your other wives, the youths Rāmā and Lakshman, to be driven away into the jungle, and only my two boys to be rearad up and kept in the palace." At this the rajah grieved greatly, but as he had given his word to grant her wish he agreed it should be done. One evening when Rāmā and Lakshman returned home together from a two days' chase they were refused admittance into the


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Page:United States Statutes at Large Volume 91.djvu/916

 91 STAT. 882 15 USC 58.

PUBLIC LAW 95-109—SEPT. 20, 1977

the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this
 * j;.,

title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. "(b) Compliance with any requirements imposed under this title shall be enforced under— 12 USC 1818. "(1) section 8 of the Federal Deposit Insurance Act, in the case of— "(A) national banks, by the Comptroller of the Currency; "(B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and "(C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation; 12 USC 1464. "(2) section 5(d) of the Home Owners Loan Act of 1933, sec12 USC 1730. tion 407 of the National Housing Act, and sections 6(i) and 17 12 USC 1426, of the Federal Home Loan Bank Act, by the Federal Home Loan 1437. Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions; 12 USC 1751. "(3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union; " (4) the Acts to regulate commerce, by the Interstate Commerce Commission with respect to any common carrier subject to those Acts; 49 USC 1301 "(5) the Federal Aviation Act of 1958, by the Civil Aeronautics note. Board with respect to any air carrier or any foreign air carrier subject to that Act; and 7 USC 181. "(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with 7 USC 226, 227. respect to any activities subject to that Act. "(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall s;i be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law, except as provided in subsection (d). "(d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title. 15 USC 1692m. "§ 815. Reports to Congress by the Commission " (a) Not later than one year after the effective date of this title and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this ' ' title, including such; recommendations as the C(pimission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this title

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Page:United States Statutes at Large Volume 91.djvu/917

 PUBLIC LAW 95-109—SEPT. 20, 1977 is being achieved and a summary of the enforcement actions taken by the Commission under section 814 of this title. "(b) In the exercise of its functions under this title, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 814 of this title. "§ 816. Relation to State laws "This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title. "§ 817. Exemption for State regulation "The Commission shall by regulation exempt from the requirements of this title any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this title, and that there is adequate provision for enforcement. "§ 818. Effective date "This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date.". Approved September 20, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-131 (eomtn. on Banking, Finance, and Urban Affairs). SENATE REPORT No. 95-382 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 4, considered and passed House. Aug. 5, considered and passed Senate, amended. Sept. 8, House agreed to Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 39: Sept. 20, Presidential statement.

91 STAT. 883

15 USC 1692n.

15 USC 16920.

15 USC 1692 note.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/94

84 The Bold Baby.

A rajah was once playing with his baby son, when the infant, who was very young, suddenly clutched at his father's beard and pulled it so violently the rajah exclaimed for pain, and angrily cried out, "Take the child away and kill it." The vizier interposed, and said, "Sir, this is a very brave child, and will do what you would not dare. You must spare him." "What?" cried the rajah; "that infant do what I would not dare?" "Yes," said the vizier, "and I will prove it you." And he ordered a great snake to be brought to the palace; and the baby, when put down on the ground near it, clutched with his little hands at the snake's tail and tried to put it to his mouth. The rajah smiled upon this, and thus the vizier saved the baby's life.

Servan.

There was once a good man who, as his parents were poor and old, had them to live with him. But his wife grudged the old people their food, which she had to cook; so she went to the potter and bade him make her a cooking pan with a partition in the middle. This the potter did; and ever afterwards this wicked woman used to cook the rice in sour buttermilk on the one side and in sweet fresh milk on the other, and she always gave the old people the buttermilk side. One day Servan came home earlier than usual from his bath, and as the old folk were hungry he took the rice off the fire and doled some out to them, chancing upon the good side of the pan. The poor old parents thus found their food much better than other days, and, greatly relishing it, called down the blessings of God upon their son. "Surely this is the same as you always have?" cried he, surprised. "Oh no!" replied they, "our food is always sour." Servan's wife, who just then came in, angrily cried out, "We all eat out of the same pot." But Servan's suspicions were roused, and he examined the pot, and discovering the trickery was so angry with his wife that he led her into the jungle and there left her. Then he put his old parents in a banghi and carried them away, they were so thin


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Page:United States Statutes at Large Volume 91.djvu/918

 PUBLIC LAW 9 5 - 1 1 0 — S E P T. 20, 1977

9 1 STAT. 8 8 4

Public Law 95-110 95th Congress An Act Sept. 20, 1977 [S. 1153]

Atomic Energy Act of 1954, amendment. 42 USC 2011.

To abolish the Joint Committee on Atomic Energy and to reassign certain functions and authorities thereof, and for other purposes.

Be it United Energy adding

enacted by the Senate and House of Representatives of the States of America in Congress assembled, That the Atomic Act of 1954 (Public Law 83-703), as amended, is amended by at the end thereof the following new chapter:

" C H A P T E R 20. JOINT COMMITTEE O N A TO M I C E N E R G Y ABOLISHED; FUNCTIONS AND RESPONSIBILITIES REASSIGNED 42 USC 2258.

Records, transfer.

" SEC. 301. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED.—

"a. The Joint Committee on Atomic Energy is abolished. "b. Any reference in any rule, resolution, or order of the Senate or the House of Representatives or in any law, regulation, or Executive order to the Joint Committee on Atomic Energy shall, on and after the date of enactment of this section, be considered as I'eferring to the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matter of such reference. "c. All records, data, charts, and files of the Joint Committee on Atomic Energy are transferred to the committees of the Senate and House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matters to which such records, data, charts, and files relate. I n the event that any record, data, chart, or file shall be within the jurisdiction of more than one committee, duplicate copies shall be provided upon request. " SEC. 302. TRANSFERS OF CERTAIN F U N C T I O N S OF THE JOINT COMMITTEE ON ATOMIC ENERGY AND CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS.—

Repeal. 42 USC 2251 et seq. Repeal. 42 USC 2315. 31 USC 1302. Repeal. Repeal. 2 USC 190j. 42 USC 2259.

"a. Effective on the date of enactment of this section, chapter 17 of this Act is repealed. "b. Section 103 of the Atomic Energy Community Act of 1955, as amended, is repealed. "c. Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by— " (1) striking the subsection designation ' (a) '; and " (2) repealing subsection (b). "d. Section 2 5 2 (a)(3) of the Legislative Reorganization Act of 1970 is repealed. " SEC. 303. INFORMATION COMMITTEES.—

AND

ASSISTANCE

TO

CONGRESSIONAL

"a. The Secretary of Energy and the Nuclear Regulatory Commission shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the functions of the Secretary or the Commission, fully and currently informed with respect to the activities of the Secretary and the Commission.

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Page:United States Statutes at Large Volume 91.djvu/919

 PUBLIC LAW 95-110—SEPT. 20, 1977 "b. The Department of Defense and Department of State shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over national security considerations of nuclear energy, fully and currently informed with respect to such matters within the Department of Defense and Department of State relating to national security considerations of nuclear technology which are within the jurisdiction of such committees. "c. Any Government agency shall furnish any information requested by the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, with respect to the activities or responsibilities of such agency in the field of nuclear energy which are within the jurisdiction of such committees. "d. The committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, are authorized to utilize the services, information, facilities, and personnel of any Government agency which has activities or responsibilities in the field of nuclear energy which are within the jurisdiction of such committees: Provided, however, That any utilization of personnel by such committees shall be on a reimbursable basis and shall require, with respect to committees of the Senate, the prior written consent of the Committee on Rules and Administration, and with respect to committees of the House of Representatives, the prior written consent of the Committee on House Administration,". SEC. 2. (a) The table of contents of the Atomic Energy Act of 1954 is amended— (1) by striking out the items relating to chapter 17; and (2) by adding at the end thereof the following: "OHAPTEB 20. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED; FUNCTIONS AND RESPONSIBILITIES REASSIGNED

"Sec. 301. Joint Committee on Atomic Energy Abolished. "Sec. 302. Transfers of Certain Functions of the Joint Committee on Atomic Energy and Conforming Amendments to Certain Other Laws. "Sec. 303. Information and Assistance to Congressional Committees.".

(b) The table of contents of the Atomic Energy Community Act of 1955 is amended by striking out the item relating to section 103. Approved September 20, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, VoL 123 (1977): Mar. 3 1, considered and passed Senate. Aug. 5, considered and passed House, amended; Senate agreed to House amendments.

91 STAT. 885

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Page:United States Statutes at Large Volume 91.djvu/920

 91 STAT. 886

PUBLIC LAW 95-111—SEPT. 21, 1977

Public Law 95-111 95th Congress An Act Sept. 21, 1977 [H.R. 7933]

Department of Defense Appropnation Act, 1978.

Making appropriations for the Department of Defense for the fiscal year ending September 30, 1978, and for other purposes.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1978, for mill|.g^j,y functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONNEL MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $8,741,800,000. MiLriARY P E R S O N N E L,

f

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; $6,169,662,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $1,918,400,000. MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,199,900,000.

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Page:United States Statutes at Large Volume 91.djvu/921

 PUBLIC LAW 95-111—SEPT. 21, 1977 KESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law; $555,600,000. RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, as authorized by law,-$206,075,000. RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $78,700,000. 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; $171,400,000. NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033 or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training, or while performing drills or equivalent duty, as authorized by law; $782,500,000. NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training, or while performing drills or equivalent duty, as authorized by law; $231,800,000.

91 STAT. 887

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Page:United States Statutes at Large Volume 91.djvu/922

 91 STAT. 888

PUBLIC LAW 95-111—SEPT. 21, 1977 TITLE II R E T I K E D MILITARY PERSONNEL RETIRED PAY, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and payments under 10 USC 1448 section 4 of Public Law 92-425 and chapter 73 of title 10, United note. States Code: $9,010,000,000. 10 USC 1431 et 5 V,,, seq. TITLE III OPERATION AND MAINTENANCE 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 $3,219,000 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; $8,139,413,000, of which not less than $490,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $1,507,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $10,743,263,000, of which not less than $275,000,000 shall be available only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $2,000,000,000 shall be available for the performance of such work in Navy shipyards of which not less than $22,000,000 shall be available for such work only at the Ship Repair Facilities, Guam: Provided further, That such amounts of the funds available for work only at the Ship Repair Facilities, Guam, may be used for work in other Navy shipyards in amounts equal to the amount of work placed at the Ship Repair Facilities, Guam, funded from other sources. OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $615,628,000, of which not less than $86,650,000 shall be available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 91.djvu/923

 PUBLIC LAW 95-111—SEPT. 21, 1977

91 STAT. 889

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $2,538,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $8,335,279,000, of which not less than $509,000,000 shall be available only for the maintenance of real property facilities. • OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For expenses, not otherwise provided for, necessary for the 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, $2,827,574,000: Provided, That not to exceed $3,743,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $38,600,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That $845,662,000 shall be available only for the Defense Logistics Agency and $614,583,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services: Provided further, That during fiscal year 1978 the Department of Defense may guarantee loans pursuant to Title III of the Defense Production Act of 1950 as amended (50 U.S.C., Appendix 2091, 64 Stat. 800) in an amount not to exceed $5,000,000: Provided further, That of this appropriation, not more than $350,000 may be obligated to support the personnel and activities of the Assistant Secretary of Defense for Health Affairs prior to February 1, 1978. OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Eeserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $380,796,000, of which not less than $23,050,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the 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; $316,290,000, of which not less than $13,600,000 shall be available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 91.djvu/924

 91 STAT. 890

PUBLIC LAW 95-111—SEPT. 21, 1977 OPERATION AND M A I N T E N A N C E, M A R I N E 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 d e a d; recruiting; procurement of services, supplies, and equipment; and communications; $16,528,000, of which not less than $900,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the A i r 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; $374,349,000, of which not less than $11,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A R M Y NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National G u a r d B u r e a u; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National G u a r d division, regimental, and battalion commanders while inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National G u a r d B u r e a u; supplying and equipping the Army National G u a r d as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including a i r c r a f t); $745,666,000, of which not less than $17,500,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R NATIONAL GUARD

For operation and maintenance of the A i r National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the t r a i n i n g and administration of the A i r National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of t h i n g s; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the A i r National G u a r d; 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 G u a r d personnel on active Federal duty, for A i r National G u a r d commanders while

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Page:United States Statutes at Large Volume 91.djvu/925

 PUBLIC LAW 95-111—SEPT. 21, 1977

91 STAT. 891

inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National Guard B u r e a u; $825,207,000, of which not less than $18,000,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION OF R I F L E PRACTICE, A R M Y

For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in m a r k s m a n s h i p; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $365,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National B o a r d; and from other funds provided in this Act, not to exceed $329,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid Ijy the Department of Defense (except for civil functions), including claims for damages arising under t r a i n i n g 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 G u a r d units thereof; $82,500,000. CONTINGENCIES, D E F E N S E

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 A P P E A L S, D E F E N S E

For salaries and expenses necessary for the United States Court of Military A p p e a l s; $1,735,000. SECRETARY OF D E F E N S E READINESS F U N D

For transfer by the Secretary of Defense to any appropriation contained in title III of this Act, to be merged with and to be available for the same purpose as the appropriation to which transferred upon determination by the Secretary of Defense that funds are necessary for high priority items directly associated with maintaining or improving military readiness of the active forces or reserve components of the Department of Defense, and in no case for items or programs for which funds have been denied or reduced by the Congress; $100,000,000: Provided, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority: Provided further, That transfer authority provided herein shall be in addition to that provided in section 833 of this Act.

Funds, transfer and merger.

Notice to Congress.

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Page:United States Statutes at Large Volume 91.djvu/926

 91 STAT. 892

PUBLIC LAW 95-111—SEPT. 21, 1977 TITLE IV PEOCUREMENT 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 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $657,100,000, to remain available for obligation until September 30, 1980. 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 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the foregoing purposes; $536,883,000, to remain available for obligation until September 30, 1980. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of .. ' • weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip, / ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $1,421,200,000, to remain available for obligation until September 30, 1980.

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Page:United States Statutes at Large Volume 91.djvu/927

 PUBLIC LAW 95-111—SEPT. 21, 1977

91 STAT. 893

PROCUREMENT OF AMMUNITION, A R M Y (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and t r a i n i n g devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts, and the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon p r i o r to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation 40 USC 255. of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment l a y a w a y; and other expenses necessary for the foregoing purposes; $1,179,300,000, and in addition, $57,500,000, of which $37,200,000 shall be derived by transfer from "Procurement of Ammunition, Army, 1976/1978", and $20,300,000 which shall be derived by transfer from "Procurement of Ammunition, Army, 1977/1979", to remain available for obligation until September 30, 1980. OTHER PROCUREMENT, A R M Y (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, and modification -of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand five hundred and sixteen passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve jjlant and Government and contractor-owned equipment l a y a w a y; and other expenses necessary for the foregoing purposes; $1,403,325,000, and in addition, $2,700,000 which shall be derived by transfer from " Other Procurement, Army, 1977/1979", to remain available for obligation until September 30, 1980. OTHER PROCUREMENT, A R M Y, 1973/1975 (LIQUIDATION OF DEFICIENCY) (INCLUDING TRANSFER OF FUNDS)

For an additional amount for "Other Procurement, Army, 1973/ 1975", for liquidation of obligations incurred and chargeable to that account, $21,000,000, to be derived by transfer from "Aircraft P r o curement, Army, 1975/1977", $8,000,000, from "Missile Procurement, Army, 1975/1977", $8,000,000, and from "Procurement of Ammunition, Army, 1975/1977", $5,000,000.

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Page:United States Statutes at Large Volume 91.djvu/928

 91 STAT. 894

PUBLIC LAW 95-111—SEPT. 21, 1977 AIRCRAFT PROCUREMENT,

NAVY

(INCLUDING TRANSFER OF FUNDS)

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 and private plants; reserve plant and Government and contractor-owned equipment layaway; $3,479,000,000, to remain available for obligation until September 30, 1980. WEAPONS PROCUREMENT, NAVY (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $2,181,900,000, and in addition, $52,700,000, of which $4,565,000 shall he derived by transfer from "Weapons Procurement, Navy, 1976/1978", $25,435,000 shall be derived by transfer from "Weapons Procurement, Navy, 197T/1978", and $22,700,000 shall be derived by transfer from "Weapons Procurement, Navy, 1977/1979", to remain available for obligation until September 30, 1980. SHIPBUILDING AND CONVERSION, NAVY (INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the construction, acquisition, or 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; reserve plant and Government and contractor-owned equipment layaway; 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 interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended, as follows: for the Trident submarine program, $1,703,200,000; for the SSN-688 nuclear attack submarine program, $278,500,000; for the CGN-42 nuclear-powered AEGIS cruiser program, $180,000,000; for the aircraft carrier service life extension program, $30,000,000; for the D D G ^ 7 guided missile destroyer program, $930,000,000; for the DDG-2 guided missile destroyer modernization program, $94,500,000; for the DD-963 program, $310,000,000; for the

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Page:United States Statutes at Large Volume 91.djvu/929

 PUBLIC LAW 95-111—SEPT. 21, 1977

91 STAT. 895

F F G - 7 guided missile frigate program, $1,163,300,000, and in addition, $42,000,000 to be derived by transfer from "Shipbuilding and Conversion, Navy, 1977/1981"; for the A O fleet oiler program, $322,700,000; for the T - A T F fleet ocean t u g program, $52,700,000; for craft, outfitting, post delivery and cost growth on prior year programs, $695,600,000; in a l l: $5,760,500,000, and in addition, $42,000,000 in transfer as hereinbefore provided, to remain available for obligation until September 30, 1982: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY (INCLUDING TRANSFER OF FUNDS)

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed eight hundred and seventy-one passenger motor vehicles for replacement only; expansion of public and private plants, including the land 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 procure- 40 USC 255. ment and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; $2,176,410,000, and in addition, $10,000,000 which shall be derived by transfer from "Other Procurement, Navv, 1977/1979", to remain available for obligation until September 30,\980. PROCUREMENT, M A R I N E CORPS (INCLUDING TRANSFER OF FUNDS)

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 and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and vehicles for the Marine Corps, including purchase of not to exceed one hundred and eighty-eight passenger motor vehicles for replacement only; $440,400,000, and in addition, $9,800,000 which shall be derived by transfer from "Procurement, Marine Corps, 1977/1979", to remain available for obligation until September 30, 1980. AIRCRAFT PROCUREMENT, A I R FORCE (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and t r a i n i n g devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private

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Page:United States Statutes at Large Volume 91.djvu/930

 91 STAT. 896

40 USC 255.

PUBLIC LAW 95-111—SEPT. 21, 1977 plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $6,262,000,000, of which $62,000,000 shall be available only for the procurement of C-130H aircraft for the Air National Guard, and in addition, $34,400,000, of which $15,100,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1976/ 1978", and $19,300,000 shall be derived by transfer from "Other Procurement, Air Force, 1977/1979", to remain available for obligation until September 30, 1980. MISSILE PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

-.

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,700,600,000, and in addition, $44,600,000 which shall be derived by transfer from "Missile Procurement, Air Force, 1977/1979", to remain available for obligation until September 30, 1980. OTHER PROCUREMENT, AIR FORCE (INCLUDING TRANSFEROF FUNDS)

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand one hundred and thirty-nine passenger motor vehicles for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $2,337,345,000, and in addition, $4,800,000 which shall be derived by transfer from "Other Procurement, Air Force, 1977/1979", to remain available for obligation until September 30, 1980. ,.

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Page:United States Statutes at Large Volume 91.djvu/931

 PUBLIC LAW 95-111—SEPT. 21, 1977 PROCUREMENT, D E F E N S E

91 STAT. 897

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 part s therefor, not otherwise provided for; the purchase of not to exceed two hundred and forty-five passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve 40 USC 255. plant and Government and contractor-owned equipment layaway; $327,826,000, to remain available for obligation until September 30, 1980. TITLE V

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, T E S T, 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; $2,417,882,000, of which $13,481,000 shall be available for food research programs, to remain available for obligation until September 30, 1979. RESEARCH, DEVELOPMENT, T E S T, 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; $3,991,791,000: Provided, That none of the funds appropriated for the Shipboard Intermediate Range Combat System program shall be available unless expended in compliance with existing acquisition policies and procedures prescribed in Office of Management and Budget Circular A-109, to remain available for obligation until September 30, 1979. RESEARCH, DEVELOPMENT, T E S T, 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; $3,917,766,000, to remain available for obligation until September 30, 1979. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, D E F E N S E 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

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Page:United States Statutes at Large Volume 91.djvu/932

 9 1 STAT. 8 9 8

Funds, transfer and merger.

PUBLIC LAW 9 5 - 1 1 1 — S E P T. 21, 1977 law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $745,278,000, to remain available for obligation until September 30, 1979: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for program s 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 T E S T AND EVALUATION, D E F E N S E

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $25,000,000, to remain available for obligation until September 30, 1979.

TITLE VI SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Department of Defense, as authorized by law; $2,480,000, to remain available for obligation until September 30, 1979: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VII WORKING CAPITAL FUNDS A R M Y STOCK F U N D

For the Army stock fund, $100,000,000. NAVY STOCK F U N D

For the Navy stock fund, $30,000,000. M A R I N E CORPS STOCK F U N D

For the Marine Corps stock fund, $1,900,000. A I R FORCE STOCK F U N D

For the A i r Force stock fund, $34,600,000. D E F E N S E STOCK F U N D

For the Defense Agencies stock fund, $4,300,000.

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Page:United States Statutes at Large Volume 91.djvu/933

 PUBLIC LAW 95-111—SEPT. 21, 1977

91 STAT. 899

TITLE VIII GENEKAL PROVISIONS SEC. 801. No part of any appropriation contained in this Act shall Publicity or be used for publicity or propaganda purposes not authorized by the propaganda. Congress. SEC. 802. During the current fiscal year, the Secretary of Defense Experts or and the Secretaries of the Army, Navy, and Air Force, respectively, consultants. 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. SEC. 803. During the current fiscal year, provisions of law prohibit- Noncitizens, ing the payment of compensation to, or employment of, any person employment. not a citizen of the United States shall not apply to personnel of the 31 USC 700. Department of Defense. SEC. 804. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 805, Any appropriation available to the Army, Navy, or the Prisoners Air Force may, under such regulations as the Secretary concerned may of war. prescribe, be used for expenses incident to the maintenance, pay, and 31 USC 649a. 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 Land acquisition. for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code. SEC. 807. Appropriations for the Department of Defense for the Dependents' current fiscal year shall be available, (a) except as authorized by the schooling. 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 $266,750,000, when the Secretary of Defense 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

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Page:United States Statutes at Large Volume 91.djvu/934

 91 STAT. 900

Deficiency judgments. Leasing.

Tools, maintenance. Access roads. Milk program.

22 USC 2385. Incidental expenses, payment. 10 USC 858 note.

10 USC 807 note.

Small business assistance.

PUBLIC LAW 95-111—SEPT. 21, 1977 this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to 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 deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the 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 maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the 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. SEC. 808. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for 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 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 oflficers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208); (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case; and (k) expenses of arrangements with foreign countries for cryptologic support. 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

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Page:United States Statutes at Large Volume 91.djvu/935

 PUBLIC LAW 95-111—SEPT. 21, 1977 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. SEC. 810. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from 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. SEC. 811. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 812. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products 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 operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 813. (a) During the current fiscal year, the President may 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 section 3732 of the Revised Statutes (41 U.S.C. 11).

91 STAT. 901

Mess operations,

Fiscal year limitation.

Report to Congress, 50 USC 100a.

Funds, apportionment, exemption, 31 USC 665. Airborne alert expenses,

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Page:United States Statutes at Large Volume 91.djvu/936

 91 STAT. 902 Active duty military personnel increases.

Monthly reports to Congress. Commissary stores.

Free utilities outside U.S. and in Alaska.

Proficiency flying.

Household goods.

Vessels, transfer. 40 USC 483a.

PUBLIC LAW 95-111—SEPT. 21, 1977 • (c) Upon determination by the President that it is necessary to increase the number of military personnel on active dutj^ subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to 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 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. SEC. 817. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon

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Page:United States Statutes at Large Volume 91.djvu/937

 PUBLIC LAW 95-111—SEPT. 21, 1977 the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 818. Not more than 20 per centum of the appropriations in this Act vt^hich are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: 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. SEC. 819. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 820. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 821. _ " appropriation contained in this Act shall be available No for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 822. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 823. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000, shall be 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 forni of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or' any form of cotton, woven silk and woA^en silk blends, spun silk yarn for cartridge cloth, synthetic fabric

91 STAT. 903

Obligated funds, limitation.

Foreign real property, use.

31 USC 700a.

Quarterly report to G>ngress and OMB.

Research and development funds.

Education expenses, limitation.

ROTC loyalty requirements. 10 USC 2103 note. Procurement limitations.

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Page:United States Statutes at Large Volume 91.djvu/938

 91 STAT. 904

22 USC 2776. 89 Stat. 540.

Service facilities.

Airmail reimbursement.

Furnishings and automobiles, purchase.

Uniforms.

Legislative liaison activities.

PUBLIC LAW 95-111—SEPT. 21, 1977 or coated synthetic fabric, wool, or specialty metals including stainless steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by 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 specialty metals produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of the standardization and interoperability of equipment requirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 814 of the Department of Defense Appropriation Authorization Act, 1976: Provided further, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: PTOvided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 824. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundrj^, 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. Funds provided in this Act for legislative liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of

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Page:United States Statutes at Large Volume 91.djvu/939

 PUBLIC LAW 9 5 - 1 1 1 — S E P T. 21, 1977 Defense shall not exceed $6,900,000 for fiscal year 1978: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the A i r Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 829. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 830. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) 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; or (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 831. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 832. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $75,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 833. During the current fiscal year, upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further. That the

9 1 STAT. 905

Civil reserve air fleet.

Civilian clothing.

Defense contractors' advertising costs, limitation.

New facilities, limitation.

Funds, transfer.

Notice to Congress.

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Page:United States Statutes at Large Volume 91.djvu/940

 91 STAT. 906

Contract payments in foreign countries.

Working capital fund.

Transfers.

Notification to G)ngress.

Prime contractors, report. 10 USC 2304 note.

Annual report to Congress.

Convicted rioters.

Campus disrupters.

Heating plant conversion. Involuntary experimental subjects.

PUBLIC LAW 95-111—SEPT. 21, 1977 Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 834. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 835. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that transfers between a stock fund account and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 836. (a) The Secretary of Defense shall require all prime contractors receiving contract awards of $500,000 or more from the Department of Defense to file a report with the Secretary at the end of the year showing the amount of Department of Defense work (in terms of dollars) each such contractor had performed by subcontractors during such year and to identify the State or States in which each subcontractor performed the work subcontracted to it. (b) The Secretary of Defense shall submit a report annually to the Congress showing, on a State-by-State basis, the total amount of Department of Defense funds paid to subcontractors, during the year for which the report is submitted, by the prime contractors described in subsection (a). SEC. 837. No part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in 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 available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 840. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects. SEC. 841. Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical

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