Volume 84 · 906
Public Law 91–441
To authorize appropriations during the fiscal year 1971 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to authorize real estate acquisition, and construction at certain installations In connection with the Safeguard anti-ballistic missile system, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.
Approved October 7, 1970
Statutory text
AN ACT
To authorize appropriations during the fiscal year 1971 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to authorize real estate acquisition, and construction at certain installations In connection with the Safeguard anti-ballistic missile system, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.
Be it enacted by the Senate and, House of Representatives of the United States of America in Congress assembled,
TITLE I— PROCUREMENT
Sec. 101.
Funds are hereby authorized to be appropriated during the fiscal year 1971 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and other weapons, as authorized by law, in amounts as follows:
aircraft For aircraft: for the Army, $292,100,000: for the Navy and the Marine Corps, $2,416,700,000; for the Air Force, $3,255,500,000.
missiles For missiles: for the Army, $1,059,700,000; for the Navy, $932,400,000; for the Marine Corps, $12,800,000; for the Air Force, $1,485,400,000.
naval vessels For naval vessels: for the Navy, $2,711,900,000.
tracker combat vehicles For tracked combat vehicles: for the Army, $205,200,000; for the Marine Corps, $47,400,000.
other weapons For other weapons: for the Army, $67,200,000: Provided, That none of the funds authorized for appropriation by this Act shall be obligated for the procurement of M–16 rifles until the Secretary of the Army has certified to the Congress that at least three active production sources for supplying such weapons will continue to be available within the United States during fiscal year 1971; for the Navy, $2,789,000; for the Marine Corps, $4,400,000.
TITLE II— RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201.
Funds are hereby authorized to be appropriated during the fiscal year 1971 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,635,600,000; For the Navy (including the Marine Corps), $2,156,300,000; For the Air Force, $2,806,900,000; and For the Defense Agencies, $452,800,000.
Sec. 202.
There is hereby’ authorized to be appropriated to the Department of Defense during fiscal year 1971 for use as an emergency fund for research, development, test, and evaluation or procurement or production related thereto, $50,000,000.
Sec. 203.
Funds authorized for appropriation to the Department of Defense under the provisions of this or any other Act shall not be available after December 31, 1970, for payment of independent research and development or bid and proposal costs unless the work for which payment is made has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation and
Conditions.
unless the following conditions are met—
the Secretary of Defense, prior to or during each fiscal year, negotiates advance agreements establishing a dollar ceiling on such costs with all companies which during their last preceding fiscal year received more than $2,000,000 of independent research and development or bid and proposal payments from the Department of Defense, the advance agreements thus negotiated (A) to cover the first, fiscal year of each such contractor beginning on or after the beginning of each fiscal year of the Federal Government, and (B) to be concluded either directly with each such company or with those product divisions of each such company which contract directly with the Department of Defense and themselves received more than $250,000 of such payments during their company’s last preceding fiscal year;
the independent research and development portions of the advance agreements thus negotiated are based on company submitted plans on each of which a technical evaluation is performed by the Department of Defense prior to or during the fiscal year covered by such advance agreement; and
no payments for independent research and development or bid and proposal costs are made by the Department of Defense to any company or product division with which an advance agreement is required by subsection (a)(1) of this section, except pursuant to the terms of that agreement.
In the event negotiations are held with any company or product division with which they are required under subsection (a)(1) of this section, but no agreement is reached with any such company or product division, no payments for independent research and development or bid and proposal costs shall be made to any such company or product division during the fiscal year for which agreement was not reached, except in an amount substantially less than the amount which, in the opinion of the Department of Defense, such company or product division would otherwise have been entitled to receive, subject to appeal by such company or product division under regulations to be prescribed by the Secretary of Defense.
The Secretary of Defense shall submit an annual report to the
Annual report to Congress.
Congress on or before March 15, 1971, and on or before March 15 of each succeeding year, setting forth—
those companies with which negotiations were held pursuant to subsection (a)(1) of this section prior to or during the preceding fiscal year of the Federal Government, together with the results of those negotiations;
the latest available Defense Contract Audit Agency statistics, estimated to the extent necessary, on the independent research and development or bid and proposal payments made to major defense contractors, whether or not covered by subsection (a)(1) of this section during the preceding calendar year; and
the manner of his compliance with the provisions of this section, and any major policy changes proposed to be made by the Department of Defense in the administration of its contractors’ independent research and development and bid and proposal programs.
The provisions of this section shall apply only to contracts for which the submission and certification of cost or pricing data are required in accordance with section 2306(f) of title 10, United States
Repeal.
Code.
Section 403 of Public Law 91–121 (83 Stat. 204) is hereby repealed.
Sec. 204.
None of the funds authorized to be appropriated to the Department of Defense by this or any other Act may be used to finance any research project or study unless such project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation.
Sec. 205.
It is the sense of the Congress that—
an increase in Government support of basic scientific research is necessary to preserve and strengthen the sound technological base essential both to protection of the national security and the solution of unmet domestic needs; and
a larger share of such support should be provided hereafter through the National Science Foundation.
TITLE III— RESERVE FORGES
Sec. 301.
For the fiscal year beginning July 1, 1970, and ending June 30, 1971, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following:
The Anny National Guard of the United States, 400,000.
The Army Reserve, 260,000.
The Naval Reserve, 129,000.
The Marine Corps Reserve, 47,715.
The Air National Guard of the United States, 8,878.
The Air Force Reserve, 47,921.
The Coast Guard Reserve, 15,000.
Sec. 302.
The average strength prescribed by section 301 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time, during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever any such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.
TITLE IV— ANTI-BALLISTIC MISSILE CONSTRUCTION AUTHORIZATION; LIMITATIONS ON DEPLOYMENT
Sec. 401.
Military construction for the Safeguard anti-ballistic
Safeguard.
missile system is authorized for the Department of the Army as follows:
Technical and supporting facilities and acquisition of real estate inside the United States, $22,000,000.
Research, development, test, and evaluation facilities at the Kwajalein Missile Range, $3,200,000.
Military Family Housing, four hundred units, $8,800,000: Malmstrom Safeguard site, Montana, two hundred units, Grand Forks Safeguard site, North Dakota, two hundred units.
There are authorized to be appropriated for the purposes of this section not to exceed $334,000,000.
Authorization contained in this section (except subsection (b)) shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1971, in the same manner as if such
Post, p. 1204.
authorizations had been included in that Act.
Within the amounts of the authorizations of military construction
DOD personnel family housing.
for Safeguard, the Secretary of the Army or his designee is authorized to provide for, under such terms and conditions as he may determine, two hundred and twenty-five units of temporary family housing for occupancy on a rental basis by military and civilian personnel of the Department of Defense and their dependents at each Safeguard site in connection with any military construction and installation and checkout of system equipment which is or may hereafter be authorized at a Safeguard site, if the Secretary of the Army or his designee determines that such temporary housing is necessary in order to perform the construction and installation and checkout of system equipment, and that temporary housing is not otherwise available under reasonable terms and conditions.
Sec. 402.
None of the funds authorized by this or any other Act may
Full deployment, Whiteman AFB.
be obligated or expended for the purpose of initiating deployment of an anti-ballistic missile system at any site other than Whiteman Air Force Base, Knobnoster, Missouri; except that funds may be obligated
Advanced preparation, Warren AFB.
or expended for the purpose, of initiating advanced preparation (site selection, land acquisition, site survey, and the procurement of long lead-time items) for an anti-ballistic missile system site at Francis E. Warren Air Force Base, Cheyenne, Wyoming. Nothing in the foregoing
Continuation, Grand Forks and Malmstrom AFB.
sentence shall be construed as a limitation on the obligation or expenditure of funds in connection with the deployment of an anti-ballistic missile system at Grand Forks Air Force Base, Grand Forks, North Dakota, or Malmstrom Air Force Base, Great Falls, Montana.
TITLE V— GENERAL PROVISIONS
Sec. 501.
The Congress views with grave concern the deepening
Israel, aircraft sales, Presidential authorization.
involvement of the Soviet Union in the Middle East and the clear and present danger to world peace resulting from such involvement which cannot be ignored by the United States. In order to restore and maintain the military balance in the Middle East, by furnishing to Israel the means of providing for its own security, the President is authorized to transfer to Israel, by sale, credit sale, or guaranty, such aircraft, and equipment appropriate to use, maintain, and protect such aircraft, as may be necessary to counteract any past, present, or future increased
Terms and conditions.
military assistance provided to other countries of the Middle East. Any such sale, credit sale, or guaranty shall be made on terms and conditions not less favorable than those extended to other countries which
Expiration.
receive the same or similar types of aircraft and equipment. The authority contained in the second sentence of this section shall expire September 30, 1912.
Sec. 502.
Subsection (a) of section 401 of Public Law 89–367, approved March 15, 1966 (80 Stat. 37), as amended, is hereby amended to read as follows:
“(a) (1) Not to exceed $2,800,000,000 of the funds authorized for appropriation for the use of the Armed Forces of the United States under this or any other Act are authorized to be made available for their stated purposes to support: (A) Vietnamese and other free world forces in support of Vietnamese forces, (B) local forces in Laos and Thailand; and for related costs, during the fiscal year 1971 on such terms and conditions as the Secretary of Defense may determine. None of the funds appropriated to or for the use of the Armed Forces of the United States may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the United States
(under section 310 of title 37, United States Code) serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed
Cambodia and Laos.
prior to July 1, 1970. Nothing in clause (A) of the first sentence of this paragraph shall be construed as authorizing the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos.
“(2) No defense article may be furnished to the South Vietnamese forces, other free world forces in Vietnam, or to local forces in Laos or Thailand with funds authorized for the use of the Armed Forces of the United States under this or any other Act unless the government of the forces to which the defense article is to be furnished shall have agreed that—
“(A) it will not, without the consent of the President—
“(i) permit any use of such article by anyone not an officer, employee, or agent of that government,
“(ii) transfer, or permit any officer, employee, or agent of that government to transfer such article by gift, sale, or otherwise, or
“(iii) use or permit the use of such article for purposes other than those for which furnished;
“(B) it will maintain the security of such article, and will provide substantially the same degree of security protection afforded to such article by the United States Government;
“(C) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such article j and
“(D) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, any such article which is no longer needed for the purposes for which it was furnished.
The President shall promptly submit a report to the Speaker of the
Presidential report to Congress.
House of Representatives and the President of the Senate on the implementation of each agreement entered into in compliance with this paragraph. The President may not give his consent under clause (A) or (D) of this paragraph with respect to any defense article until the expiration of fifteen days after written notice has been given to the Speaker of the House of Representatives and the President of the Senate regarding the proposed action of the President with respect to such article. As used in this paragraph the term ‘defense article’
“Defense article.”
shall have the same meaning prescribed for such term in section 644 (d) of the Foreign Assistance Act of 1961. In order to allow a reasonable
Effective date.
period of time for the Department of Defense to comply with the requirements of this paragraph, the provisions of such paragraph shall become effective sixty days after the date of enactment of this paragraph.”
Sec. 503.
Of the total amount authorized to be appropriated by this
F–111 aircraft expenditure, conditions.
Act for the procurement of the F–111 aircraft, $283,000,000 of such amount may not be obligated or expended for the procurement of such aircraft until and unless the Secretary of Defense has (1) determined that the F–111 aircraft has been subjected to and successfully completed a comprehensive structural integrity test program, (2) approved a program for the procurement of such aircraft, and (3) certified in
Report to congressional committees.
a written report to the Committees on Armed Services of the Senate and the House of Representatives that he has made such a determination and approved such a program, and has included in such written report the basis for making such determination and approving such program.
Sec. 504.
Of the total amount authorized to be appropriated by
C–5A aircraft contingency fund restrictions and controls.
this Act for the procurement of the C–5A aircraft, $200,000,000 of such amount may not be obligated or expended until after the expiration of 30 days from the date upon which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a plan for the expenditure of such $200,000,000. In no event may all or any part of such $200,000,000 be obligated or expended except in accordance with such plan.
The $200,000,000 referred to in subsection (a) of this section, following the submission of a plan pursuant to such subsection, may be expended only for the reasonable and allocable direct and indirect costs incurred by the prime contractor under a contract entered into with the United States to carry out the C–5A aircraft program. No part of such amount may be used for—
direct cost of any other contract or activity of the prime contractor:
profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate;
bid and proposal costs, independent research and development costs, and the cost of other similar unsponsored technical effort; or
depreciation and amortization costs on property, plant, or equipment.
Any of the costs referred to in the preceding sentence which would otherwise be allocable to any work funded by such $200,000,000 may not be allocated to other portions of the C–5A aircraft contract or to any other contract with the United States, but payments to C–5A aircraft subcontractors shall not be subject to the restrictions referred to in such sentence.
Any payment from such $200,000,000 shall be made to the prime contractor through a special bank account from which such contractor may withdraw funds only after a request containing a detailed justification of the amount requested has been submitted to and approved
Defense Department and GAO audits.
by the contracting officer for the United States. All payments made from such special bank account shall be audited by the Defense Contract Audit Agency of the Department of Defense and, on a quarterly
Report to Congress.
basis, by the General Accounting Office. The Comptroller General shall submit to the Congress not more than thirty days after the close of each quarter a report on the audit for such quarter performed by the General Accounting Office pursuant to this subsection.
The restrictions and controls provided for in this section with respect to the $200,000,000 referred to in subsections (a) and (b) of this section shall be in addition to such other restrictions and controls as may be prescribed by the Secretary of Defense or the Secretary of the Air Force.
Sec. 505.
Section 412(b) of Public Law 86–149, as amended, is amended by inserting immediately before the word “unless” the following; “, or after December 31, 1970, to or for the use of the Navy for the procurement of torpedoes and related support, equipment”.
Sec. 506.
None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States.
Section 409(b) of Public Law 91–121, approved November 19, 1969 (83 Stat. 209), is amended—
by striking out “or the open air testing of any such agent within the United States” in the material immediately preceding paragraph (1) and inserting in lieu thereof the following; “the open air testing of any such agent within the United States, or the disposal of any such agent within the United States”;
by striking out “transportation or testing” each time it appears in paragraphs (2), (3), and (4) and inserting in lieu thereof “transportation, testing, or disposal”; and
by inserting “or disposal” immediately after “such testing” in paragraph (4) (A).
Section 409(c)(1) of such public law is amended—
by striking out “deployment, or storage, or both,” and inserting in lieu thereof “deployment, storage, or disposal”; and
by striking out “deployment or storage” immediately after “unless prior notice of” and inserting in lieu thereof “deployment, storage, or disposal”.
The first sentence of section 409(c)(2) of such public law is amended by inserting “, or for the disposal of any munitions in international waters,” immediately after “outside the United States”.
Section 409 of such public law is further amended by adding at the end thereof a new subsection as follows:
“(g) Nothing contained in this section shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this section would clearly endanger the health or safety of any person.”
The Secretary of Defense shall undertake to enter into
Herbicides find defoliation program, study.
appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation to determine (A) the ecological and physiological dangers inherent in the use of herbicides, and (B) the ecological and physiological effects of the defoliation program carried out by the Department of Defense in South Vietnam.
Of the funds authorized by this Act for research, development, testing, and evaluation of chemical warfare agents and for defense against biological warfare agents, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection.
In entering into any arrangement with the National Academy
Report to Defense Secretary, President, and Congress.
of Sciences for conducting the study and investigation authorized by paragraph (1) of this subsection, the Secretary of Defense shall request that the National Academy of Sciences submit a final report containing the results of its study and investigation to the Secretary not later than January 31, 1972. The Secretary shall transmit copies of such report to the President and the Congress, together with such comments and recommendations as he deems appropriate, not later than March 1, 1972.
On and after the date of enactment of this Act, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal.
Sec. 507.
No information concerning the identity or location of
Defense contractors, advance disclosure of identity, prohibition.
the person, company, or corporation to whom any contract has been awarded by the Department of Defense shall be given to any individual, including any Member of Congress, in advance of a public announcement by the Secretary of Defense, of the identity of the person, company, or corporation to whom such contract has been awarded.
On and after the date of enactment of this Act, whenever the identity of the person, company, or corporation to whom any defense contract has been awarded is to be made public, the Secretary of Defense shall publicly announce that such contract has been awarded and to whom it was awarded.
Sec. 508.
In order to reduce annual expenditures in connection with
Military personnel, station assignments, extensions.
permanent change of station assignments of military personnel and in order to help further stabilize the lives of members of the Armed Forces and their dependents, the Secretary of Defense, is directed to initiate promptly new procedures with respect to domestic and foreign permanent change of station assignments for military personnel under which the length of permanent change of station assignments will, whenever practicable and consistent with national security, be made for longer periods of time.
Sec. 509.
Section 412 of Public Law 86–149, as amended, is amended
Armed Forces, active duty personnel strength, congressional authorization.
by adding at the end thereof a new subsection as follows:
“(d) (1) Beginning with the fiscal year which begins July 1, 1971, and for each fiscal year thereafter, the Congress shall authorize the average annual active duty personnel strength for each component of the Armed Forces; and no funds may be appropriated for any fiscal year beginning on or after such date to or for the use of the active duty personnel of any component of the Armed Forces unless the average active duty personnel strength of such component for such fiscal year has been authorized by law.
“(2) Beginning with the fiscal year ending June 30, 1971, the President shall submit to the Congress a written report not later than January 31 of each fiscal year recommending the average annual active duty strength level for each component of the Armed Forces for the next fiscal year and shall include in such report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for such fiscal year and the national security policies of the United States in effect at the time.”
Sec. 510.
No part of the funds appropriated pursuant to this Act may be used at any institution of higher learning if the Secretary of Defense or his designee determines that at the time of the expenditure of funds to such institution recruiting personnel of any of the Armed Forces of the United States are being barred by the policy of such
Exception.
institution from the premises of the institution except that this section shall not apply if the Secretary of Defense or his designee determines that the expenditure is a continuation or a renewal of a previous grant to such institution which is likely to make a significant contribution to the defense effort. The Secretaries of the military departments shall furnish to the Secretary of Defense or his designee within 60 days after the date of enactment of this Act and each January 31st and June 30th thereafter the names of any institutions of higher learning which the Secretaries determine on such dates are barring such recruiting personnel from the campus of the institution.
Approved October 7, 1970.