MILITARY PROCUREMENT AUTHORIZATIONS, 1971

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400110043-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: June 29, 2005
• Sequence Number: 43
• Publication Date: July 23, 1970
• Content Type: OPEN

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July- 23, 1970 CONGRESSIONAL RECORD -SENATE S 12031
(1) One member from the Department of made subject to such rules and regulations SEC. 402. None of the funds authorized by
Defense, to be designated by the Secretary as the Secretary of Defense may prescribe this or aVLy other Act may be obligated or ex-
of Defense. after consultation with the Council, pended for the purpose of initiating deploy-
(2) One member from the Department of TITLE III-RESERVE FORCES ment of an anti-ballistic missile system at
Health, Education, and Welfare, to be de-any signated by the Secretary of Health, Educa- SEC. 301. For the fiscal year beginning Kn ter
site other than Whiteman hit fund Base,
tion, and Welfare. July 1, 1970, and ending June 30, 1971, the be obligated ob,or expended exp el;except for the p that purpo may
(3) One member from the Department of Selected Reserve of each Reserve component urpose of.
Housing and Urban Development, to be des of the Armed Forces will be programed to initiating advanced preparation (site selec-
nated by the Secretary of Housing and Urban attain an average strength of not less than tion, land acquisition, site survey, and the
Development. the following: procurement of long lead-time items) for
(4) One member from the Department of (1) The Army National Guard of the an anti-ballistic missile system site at Francis Transportation, to be designated by the Sec- United States, 400,000. E. Warren Air Force Base, Cheyenne, Wyo-
retary of Transportation, (2) The Army Reserve, 260,000. ming. Nothing in the foregoing sentence shall
(5) One member from the Office of Eco- (3) The Naval Reserve, 129,000. be construed as a limitation on the obliga-
nomic Opportunity, to be designated by the (4) The Marine Corps Reserve, 47,715. tion or expenditure of funds in connection
Director of the Office of Economic Oppor- (5) The Air National Guard-of the United with the deployment of an anti-ballistic mis-
irect. States, 87,878. sile system at Grand Forks Air Force Base,
(6) One member from the Department of (6) The Air Force Reserve, 47,921. Grand Forks, North Dakota, or Malmstrom
Montana,
Labor, to be designated by the Secretary of (7) The Coast Guard Reserve, 10,000. Air Force Base, Great Falls, Montan,, Labor, SEC. 302. The average strength prescribed TITLE V-GENERAL PROVISIONS
(7) One member from the Department of by section 301 of this title for the Selected Ste; 501. The Congress views with grave
the Interior, to be designated-by the Secre- Reserve of any Reserve component shall be concern the deepening involvement of the
tart' of the Interior, proportionately reduced by (1) the total au- Soviet Union in the Middle East and the clear
(8) One member from the National Aero- thorized strength of units organized to serve and present danger to world peace resulting
nautics and Space Administration, to be de- as units of the Selected Reserve of such from such involvement which cannot be ig-
signated by the Administrator of the Na- component which are on active duty (other norect by the United States. In order to restore
tional Aeronautics and Space Administration. than for training) at any time during the and maintain the military balance in the
(c) The member of the Council designated fiscal year, and (2) the total number of indi- Middle East, by furnishing to Israel the means
by the Secretary of Housing and Urban De- vidual members not in units organized to of providing for its own security, the Presi-
velopment shall serve as Chairman of the serve as units of the Selected Reserve of such dent is authorized to transfer to Israel, by
Council. component who are on active duty (other sale, credit sale, or guaranty, such aircraft,
(d) Three members of the Council shall than for training or for unsatisfactory par- and equipment appropriate to use, maintain,
constitute a quorum; and a vacancy in the ticipation in training) without their consent and protect such aircraft, as may be neces-
Council membership shall not affect its pqw- at any time during the fiscal year. Whenever sary to counteract any past, present, or future
err but shall be filled in the manner in any such units or such individual members increased military assistance provided to
which the original appointment was made. are released from active duty during any fiscal other countries of the Middle East. Any such
(e) It shall be the function of the Council year, the average strength for such fiscal year sale, credit sale, or guaranty shall be made on
to study and evaluate proposed research pro- for the Selected Reserve of such Reserve terms and conditions not less favorable than
grams and projects submitted to it pursuant component shall be proportionately increased those extended to other countries which re-
to this section. The Council shall accept for by the total authorized strength of such units ceive the same or similar types of aircraft and
consideration research projects that are of and by the total number of such individual equipment.
mutual interest to the Department of De- members. SEc, 502. Subsection (a) of section 401 of
fense and one or more of the participating TITLE IV-ANTI-BALLISTIC MISSILE CON- Public Law 89-367, approved March 15, 1966
departments or agencies, and, subject to STRUCTION AUTHORIZATION; LIMITA- (80 Stat. 37), as amended, is hereby amended
section 204, such other categories of research TIONS ON DEPLOYMENT to read as follows:
bearing on important national needs as the SEC. 401. (a) Military construction for the "(a) (1) Not to exceed $2,500,000,000 of the
Council may specify, including but not Safeguard anti-ballistic missile system is au- use of the Armed funds authorized for apprtheiatUnited States
ion for the
limited sun, ands as hiouusing, education, thorized for the Department of the Army as under this orany other o Act are au hors ed
(f) The Council shall advise the Director (1) Technical and supporting facilities and poses be
to s made available for Vietnam stand Cher
of Defense Research and Engineering of the acquisition of real estate inside the United poses o drce: in (A) support of a and
mere
her
Department of Defense regarding research States $322,000,000; free world forces rsupport of Vietnamese
proposals submitted to it for consideration (2) Research, development, test, and forces, (B) atedl forces in Laos and Thailand;
pursuant to subsection (e) and shall make evaluation facilities at the Kwajalein Mis- and for related costs, during the nscal year
such recommendations to the Director as sile Range $3,200,000; Secretary on such terms and conditions . the
it deems appropriate as to the merits of pro- (3) Military Family Housing, four hun- Secretary of Defense may determine.
posals submitted to it for consideration. dred units, $8,800,000: (2) No defense article may be furnished
(g) The Council shall review the results Malmsrtom Safeguard Site, Montana, two ? the South Vietnamese forces, other free
of research conducted under its auspices and hundred units, Laos forces
Tha la Vietnam, n s luthl forces for or to In
shall advise the Director of Defense Research Grand Forks Safeguard site, North Dakota, s use of the with fonds of the ized for
and Engineering of the Department of De- two hundred units, the use of the Armed Forces other the United
fense as to the desirability of continuing, (b) There are authorized to be a pro- States under this or any other Act unless
modifying, or terminating such research ac- priated for the purposes of this section not the government of the forces to which the
tivities. to exceed $334,000,000. defense article is to be furnished shall have
(h) The Secretary of Defense is authorized (c) Authorization contained in this sec- agreed that-
to make grants to college, universities, and tion (except subsection (b)) shall be subject the Pr e Pr it ntll not, without the consent of
other not-for-profit institutions engaged in to the authorizations and limitations of the e permit
research and/or development activities spon- Military Construction Authorization Act, o permit any use p yee, article
g n of
sored by the Department of Defense for the 1971, in the same manner as if such authori- anyone not an officer, employee, or agent of
purpose of supporting selected research pro- zations had been included in that Act. that government,
grams and projects promising significant do- (if) transfer, or permit any officer, em-
(d) Within the amounts of the authoriza, ployee, or agent of that government to trans-
shall be submitted to and reviewed by the tions for military construction for Safeguard, Per such article by gift, sale, or otherwise,
Council. The decision of the Secretary of De- the Secretary of the Army or his designee is or
fens e respecs to watch, i any, research authorized to provide for, under such terms "(iii) use of permit the use of such article
fence with
approved by the Council will research and conditions as he may determine, two for"
or purposes other than those for which
sponsored shall be final, hundred and twenty-five units of temporary furnished;
(i) The total amount in grants made family housing for occupancy on a rental "(B) it will maintain the security of such
under tsection a cunt iyear is not basis by military and civilian personnel of article, and will provide substantially the
exceed this i amount eIn any qual fiscal hall of the Department of Defense and their de- same degree of security protection afforded
the expended Defense such per year shall
exc total funds amount equal to 5 per fiscal n year pendents at each Safeguard site in connection to such article by the United States Gov-
fiscal
con- with any military construction and installa- ernment;
by the el Department
under con- tion and checkout of system equipment "(C) it will, as the President may require,
ties, and entered
other Into fe colleges, lve si which is or may hereafter be authorized at permit continuous observation and review
the performance ote not-for to with defense Institutiutio for a Safeguard site, if the Secretary of the Army by, and furnish necessary information to,
or his designee determines that such tempo- representatives of the United States Govern-
(j) In no case shall any one institution re- rary housing is necessary in order to perform ment with regard to the use of such article;
ceive more than $5,000,000 under this section the construction and installation and check- and
in any one fiscal year. out of system equipment, and that tempo- " (D) unless Preside nt to
(k) Research grants made by the Secre- nary housing is not otherwise available under other disposition the it will eturns to s the
tary of Defense under this section shall be reasonable terms and conditions. United States Government for such use or
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 S 12032
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CONGRESSIONAL RECORD-SENATE July 23,--A
disposition as the President considers in the (c) Any payment from such $200,000,000
beat interests of the United States, any such shall be made to the prime contractor
article which is no longer needed for the through a special bank account from which
purposes for which it was furnished. such contractor may withdraw funds only
The President shall promptly submit a re- after a request containing a detailed justffi-
port to the Speaker of the House of Repres- cation of the amount requested has been sub-
entatives and the President of the Senate matted to and approved by the contracting
on the implementation fo each agreement en- officer for the United States. Ali payments
tered into in compliance with this para- made from such special bank account shall
graph. The President may not give his con- be audited by the Defense Contract Audit
sent under clause (A) or (D) of this para- Agency of the Department of Defense and, on
graph with respect to any defense article a quarterly basis, by the General Accounting
until the expiration of fifteen days after Of1)ce. The Comptroller General shall submit
written notice has been given to the Speaker to the Congress not more than thirty days
of the House of -Representatives and the after the close of each quarter a report on the
President of the Senate regarding the pro- audit for such quarter performed by the
posed action of the President with respect General Accounting Office pursuant to this
to such article. As used in this paragraph subsection.
the term 'defense article' shalt have the same ( d) The restrictions and controls provided
meaning prescribed for such term In sec- for in this section with respect to the $200,-
tion 644(d) of the Foreign Assistance Act of 000,000 referred to In subsections (a) and (b)
1961. In order to allow a reasonable period of this section shall be in addition to such
of time for the Department of Defense to other restrictions and controls as may be
comply with the requirements of this pare- prescribed by the Secretary of Defense or
h shall the Secretory of the Air Force.
ra
a
h
p
g
par
graph, the provisions of suc
become effective sixty days after the date SEC. 505. Section 412(b) of Public Ittw
of enactment of this section..J 86- 149, as amended, is amended by inserting
SEC. 603. Of the total amount authorized immediately following: before f re~thee word 31 t s"0 t he
to be appropriated by this Act for the p curement of the F-111 aircraft, $283,000,000 or for the use of the Navy for the procure-
of such amount may not be obligated or ex- went of torpedoes and related support equip-
pended for the procurement of such aircraft meat".
until and unless the Secretary of Defense Sze. 660. (a) None of the funds authorized
has (1) determined that the F-111 aircraft to be appropriated by this Act shall be used
has been subjected to and successfully com- for the procurement of delivery systems
pleted a comprehensive structural Integrity specifically designed to disseminate lethal
test program, t2) approved a program for the chemical or any biological warfare agents.
A 3) testa- or for the procurement of delivery system
ft
ized 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 Presi-
dent and the Congress, together with such
comments and recommendations as he deems
appropriate, not later than March 1, 1972.
Mr. MANSFIELD. Mr. President, this
is the s(>-called military procurement bill.
The opening speech on the bill will be
made tomorrow, after the conclusion of
the morning business.
Mr. President, there will be no votes
tonight that I know of.
NEXT
Mr. MANSFIEL
BELLMON) . Withou
ordered.
. Mr. President. I ask
that when the Senate
minutes.
OFFICER. f Mr
objection, it is so
Mr. SCOTT. Mr.
like to inquire as to
, an
procurement of such aircra
fled in a written report to the Committees on parts or components specifieaily designed for
Armed Services of the Senate and the House such purpose, unless the President shall
of Representatives that he has made such certify to the Congress that such procure-
a determination and approved such a pro- meet is essential to the safety and security
gram, and has Included in such written re- of the United States.
port the basis for making such determina- (b) (1) SectIo November 1of 1 Public 3 IAiw
lion and approving such program. 91-121. approved
SEC. 504. (a) Of the total amount author- 209). Is amended-
ized to be appropriated by this Act for the (A) by striking out "or the open air test-
procurement of the C-SA aircraft, $200,000: ing of any such agent within the United
000 of such amount may not be obligated or States" In the material immediately preced-
expended until and unless the Secretary of ing paragraph (1) and Inserting in lieu
Defense has submitted to the Committees on thereof the following: "the open air testing
Armed Services of the Senate and the House of any such agent within the United States,
of Representatives a plan for the expendi- or the disposal of any such agent within the
ture of such $200,000,000 and such commit- United Sta$ slkln "transportation or
tees have approved such plan. In no event IS) by $ out
may all or any part of such $200,000,000 be testing" each time it appears in paragraphs
obligated or expended except in accordance (2), (3). and (4) and inserting In lieu there-
with a plan approved by such committees. of "transportation, testing, or disposal"; and
(b) The $200,000,000 referred to in sub- iC) by inserting "or disposal" immediate-
section ia) of this section. following the is after "such testing" in paragraph (4) (A).
approval of a plan pursuant to.such subset- (2) Section 409(c) (1) of such public law
tlon. may be expended only for the reason- is amended-
able and allocable direct and indirect costs (A) by striking out "deployment, or stor-
incurred by the prime contractor under a age, or both," and inserting In lieu thereof
contract entered into with the United Staes 'deployment, ifl) by striking iage, or disposal"; and
star-
to carry out the C-6A aircraft progr:i part of such amount may be used for- age" immediately after "unless prior notice
(1) direct coats of any other contract or of" and inserting in lieu thereof "deploy-
activity of the prime contractor: ntent. storage, or disposal
(2) profit on any materials. supplies, or lc) (1) The Secretary of Defense shall tin-
services which are sold or transferred be- dertake to enter nto appropriate arrange-
tween any division, subsidiary, or affiliate of meats with the National Academy of Sciences
the prime contractor under the common con- to conduct a comprehensive study and In-
trol of the prime contractor and such dlvi- vestigation to determine (A) the ecological
~iun. suosidiary, or affiliate: :s.ud physiological dangers inherent in the
(3) ofd and proposal coats. independent, use of herbicides, and (B) the ecological and
research and development costs, and the cost physiological effects of the defoliation pro-
, similar unsponsored technical effort; gram carried out by the Department of De-
or tense in South Vietnam. I can say at the press
i41 depreciation and amortwatiOn costs on (2) Of the funds authorized by this Act Mr. SCOTT. Mr.
proper, Y. plant, or equipment. for research. development, testing, and eval-
.,-unn of chemical warfare agents and for the Senator.
,,ay not, be allocated to other portions of the authorized by paragraph (1) of this sub- A message from
other con-
an
t
t
y
Ri
or
t' SA aircraft contrac
tract with the United States, but payments section. sentatice3, by Mr. B
(ai In entering into any arrangement with
subject to the restriction referred to in such (' etN K the study and investigation author- agreed to the repor
sentence.
ose occasions we
ouble shift basis
that we can be-
ssible in hat re-
the Calendar is
committees have
is about the best
time.
THE HOUSE
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re is some amount
quiry. But I would
period of debate on th
ment bill.
Mr. STENNIS. Mr.
have order- I ask th
peed until we do.
The PRESIDING 0
ate will be in order.
proceed.
Mr. MANSFIELD.
response to the ques
taken up some time o
It is hoped. when
Committee, that on
will go back on the
come as current as
spect.
As Senators can
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July 2j, 1970 CONGRESSIONAL RECORD -SENATE
ulation to the morass of crime simply be-
cause it may be expedient or fashionable
to do so. The most controversial provi-
sions of this bill are among the most vital
for protecting the residents of this city
from the grinding terror of the danger-
ous-defendant and the malignant perva-
sion of the city's drug traffic.
We have heard some others, ignoring
the 90 percent of this bill which is with-
out controversy, oppose this bill as re-
pressive. There ia,,epression in this city;
but it is not represion by the Govern-
ment and it is not repression by this bill.
It is the repression of fear and crime and
violence which is destroying homes and
families and businesses within the
shadow of the Capitol itself. it the re-
pression which drives people to bda their
windows and flee the streets at . It
is the repression which forces peopl to
homes for fear of being assaulted, not by
the police, but by vicious killers, rapists,
and thieves.
We have heard it claimed that this
bill should not be enacted because it
might serve as a model for the Nation.
We have heard the bill described as an
"experiment in repression" by critics
whose own States sanction no-knock
search and pretrial detention practices
broader and far less safeguarded than
this bill provides. We have heard it de-
scribed as a "model" for other States
by critics who overlook the fact that
more than half the States now permit
.no-knock searches and practice virtually
unlimited pretrial detention through
money bond, without the safeguards of
this bill.
We have seen the wiretap and second-
offense mandatory sentencing provisions
attacked as unprecedented by critics
who forget Congress authorized this
same legislation, without the new safe-
guards this bill provides, for the entire
Nation in the Omnibus Crime Act and
the Gun Crime Control Act of 1968.
This legislation will be an example to
the Nation, but not by reason of its pro-
visions, which are based on the experi-
ences and practice of other States and
prior Federal laws. The example Con-
gress will provide today is the clear mes-
sage that a government by free people
has the determination, within the sacred
limits of its time-tested Constitution, to
take reasoned, safeguarded steps to meet
and defeat a plague of lawlessness de-
stroying the very fabric of its society.
Some Senators have suggested we
should defeat this conference report and
send to the House a watered-down ver-
sion of this legislation. They suggest that
in adopting the conference report we are
somehow knuckling under to the other
House.
Having led the Senate conferees, I can
guarantee this bidy that the other House
will never accept this suggested alterna-
tive. But I do not offer that as a reason
to pass this report. We should approve
this conference report because it is a
sound, constitutional, and effective an-
swer to the crime crisis facing this city.
We have an enormously difficult and
tragic crime problem to deal with in this
city. Its victims know it better than any
of us ever can. Our responsibility, is to
address that crime problem rationally,
calmly, and deliberately, and to formu-
late effective answers to it within the
framework of our Constitution and our
concept of individual rights and liberties.
This bill is that kind of response.
We have done our job. We have met
the President's request. We have pro-
vided the bill necessary to answer the
crime problem in this city. I urge the
adoption of the conference report.
Mr. PASTORE. Mr. President, I ask
for the yeas and nays on. final passage.
The yeas and nays were ordered.
The PRESIDING OFFICER (Mr.
(BELLMON). All time on the conference
report has now been yielded back. The
question is on agreeing to the conference
report.
On this question the yeas and nays
have been ordered, and the clerk will call
the roll.
The assistant legislative clerk pro-
eded to call the roll.
r. YOUNG of Ohio (after having
vot in the negative). On this vote I
have pair with the Senator from Ne-
vada ( r. CANNON). If he were present
and voti he would vote "yea." If I
were at li erty to vote, I would vote
"nay." I wit draw my vote.
Mr. LONG fter having voted in the
affirmative). O his vote I pai~ with the
Senator from shington (Mr. MAG-
NusoN). If he wer present and voting,
he would vote "nay. f I were at liberty
to vote I would vote`. `yea." I withdraw
Mr; INOUYE (after 1ving voted in
the negative). On this vo I have a pair
with the Senator from Ne exico (Mr.
MONTOYA). If he were presen nd voting,
he would vote "yea." If I wer t liberty
to vote, I would vote "nay." I ithdraw
Mr. KENNEDY. I announce At the
Senator from Nevada (Mr. CANNON the
Senator from Connecticut (Mr. Do %D).
MAGNUSON), the Senator from New
Mexico,- (Mr. MONTOYA), the Senator
from Rhode Island (Mr. PELL), and the
Senator from Georgia (Mr. RUSSELL),
are necessarily absent.
Mr. GRIFFIN. I announce that the
Senator from New Hampshire (Mr. COT-
TON) is necessarily absent.
The Senator from South Dakota (Mr.
MUNDT) and the Senator from Maine
(Mrs. SMITH) are absent because of
illness.
If present and voting, the Senator from
New Hampshire (Mr. COTTON), the Sen-
ator from South Dakota (Mr. MUNDT),
and the Senator from Maine (Mrs.
SMITH) would each vote "yea."
The result was announced, yeas 54,
nays 33, as follows:
[No. 248 Leg.]
YEAS-54
Aiken
Allen
Allott
Baker
Bellmon
Bennett
Bible
Boggs
Burdick
Byrd, Va.
Byrd, W. Va,
Curtis Hatfield
Dole Holland
Dominick Hollings
Eastland Hruska
Ellender Jordan, Idaho
Fannin Mansfield
Goldwater McClellan
Griffin McGee
Gurney McIntyre
Hansen Miller
Hartke Moss
S 12029
Murphy Saxbe Symington
Pastore Schweiker Talmadge
Pearson Scott Thurmond
Percy Smith, Ill. Tower
Prouty Sparkman Tydings
Proxmire Spong Williams, Del.
Randolph Stevens Young, N. Dak.
Anderson
Bayh
Brooke
Case
Church
Cook
Cooper
Cranston
Eagleton
Ervin
Fong
NAYS-33
Fuibright McCarthy
Goodell McGovern
Gravel Metcalf
Harris Mondale
Hart Muskie
Hughes Nelson
Jackson Packwood
Javits Ribicoff
Jordan, N.C. Stennis
Kennedy Williams, N.J.
Mathias Yarborough
PRESENT AND GIVING LIVE PAIRS, AS
PREVIOUSLY RECORDED-3
Inouye, against.
Long, for.
Young of Ohio, against.
- NOT VOTING-10
Cannon Magnuson Russell
Cotton Montoya Smith, Maine
Dodd Mundt
Gore Pell
So the report was agreed to.
Mr. TYDINGS. Mr. President, I move
that the vote by which the conference
report was agreed to be reconsidered.
Mr. MANSFIELD. Mr. President, 1
move to lay that motion on the table.
The motion to lay on the table was
agreed to.
The PRESIDING OFFICER. There
will be order in the Senate. The galleries
will please be as quiet as possible. The
Senate will be in order. The Senate is
not in order. We will suspend until we
have order in the Senate.
The Senator from Florida is recog-
nized.
Mr. HOLLAND. Mr, President, I have
just voted to approve the conference re-
port on S. 2601, a bill to reorganize the
courts of the District of Columbia and
for other purposes..I want to record to
show that I have studied the situation
presented by this conference report at
great length and with deep misgivings.
My respect for the distinguished senior
e elled capability in the field of con-
sti tional law is so great that I was
un ing to vote for said conference re-
port view of his deep and expressed
convic% n as to the unconstitutionality
of seve portions of that bill in the
absence a conviction of my own as
to its usef ess and the very great ex-
isting need r many unquestioned pro-
visions of th easure. I think there is
substantial re on to expect that the
courts may rule accordance with the
convictions and le arguments of the
Senator from Nor Carolina, to elimi-
nate certain sectio of the bill as un-
constitutional and to imit certain other
sections which I sha not discuss at
reason for voting or the confer-
ence report, however, is My t the bill does
contain so many provisi s which, in
my opinion, will strengthen a enforce-
ment of law within the Dis ct of Co-
lumbia and that such strengthened en-
forcement of law is so greatly needed
not only for the protection of residents
of the District but also for the protec-
tion of millions of Americans who visit
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 S12030
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CONGRESSIONAL. RECORD - SENATE July ..'J, 1970
here every year and the protection of
thousands of guests from other nations
who come here either as visitors or as
officials representing their several coun-
tries, that I feel profoundly that these
helpful provisions of the bill should be
enacted notwithstanding the fact that
in my own mind there are serious doubts
as to several of Its provisions which as
I have already said may be eliminated
or limited by the opinions of the courts.
It is clear to me, however, that under
applicable law and under the structure
of this ))articular bill these questionable
provisions, from the constitutional
standpoirg. are separable-separable-
from the main body of the bill which is
so badly needed to improve the enforce-
ment of law and the protection of the
law-abiding,, public within the District
of Columbia. From the standpoint of
better organization of the courts, bet-
ter jurisdictional and procedural ma-
chinery for the courts, and in many re-
spects improvement of the substance of
the criminal laws applicable in the Dis-
trict of Columbia I feel that this meas-
I may add th
victions. but I ha
some of our collea
the possibility of e1
in further conferen
sions which have
available was to en
also discussed with
es in the other body
mating or limiting
or in separate leg-
have reached the
soundest course
the conference
ore voted to do
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?
There being no objection, the Senate
proceeded to the consideration of the
bill, which had been reported from the
Committee on Armed Services with an
amendment to strike out all after the
enacting clause and insert:
TITLE I--PROCUREMENT
Sac. 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
vehices, 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. 92.337,-
700.04-10, for the Air Force, $3,225,500,000.
anSSILES
Fv, missiles: for the Army. $1,031,800,000;
for the Navy, $932,400,000; for the Marine
Corp,-;. 512,800.000: for the Air Force, $1,479;
400.000.
NAVAL VESSELS
For naval vessels: for the Navy, $2,278,-
900.000.
TRACKED COMBAT VEBICLas
For tracked combat vehicles: for the Army,
$182,200.000: for the Marine Corps. $47,400,-
000.
OTHER WEAPONS
For other weapons: for the Army. $87.200,-
000: for the Navy, $2,789,000; for the Marine
Corps, $4.400.000.
TITLE II-RESEARCH, DEVELOPMENT,
TEST. AND EVALUATION
SL,,. 201. Funds are hereby authorized to
be appropriated during the fiscal year 1971
for the use of the Armed Forces of the
Unttr-d States for research, development, test,
and evaluation, as authorized by law, In
amounts as follows :
For the Army. $1.809.200.000:
For the Navy (including the Marine Corps),
$2.194.300,000;
For the Air Force. $2.719,000.000; and
For the Defense Agencies, $445,000,000.
SEc. 202. There is hereby authorized to
be appropriated to the Department of De-
fense during fiscal year 1971 for use as an
emergency fund for research, development,
test. and evaluation or procurement or pro-
duct ton related thereto, $50,000.000.
Sac. 203. (a) Funds authorized for appro-
priation to the Department of Defense under
the provisions of this Act or any other Act
shalt not be available for payment of lnde-
pswfr'nt research and development, bid and
prof:oral, or other technical effort costs un-
less the work for which payment is made is
rele, ant to the functions or operations of the
Department of Defense and unless the fol-
I,'7winz conditions are met--
(1) 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
that 82,000,000 of Independent research and
development. bid and proposal, or other tech-
lllcal etvrt payments from the Department
of Defense. the advance agreements thus ne-
gotiated (A) to cover the first fiscal year
of each such company beginning on or alter
the beginning of each fiscal year of the
Federal Government and (8) 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 re-
ceived more than $250,000 of such payments
during their company's last preceding fiscal
year:
(2) the Independent research and devel-
opment portions of the advance agreements
thus negotiated are based on company sub-
mitted 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;
(3) no payments for independent research
and development, bid and proposal, and other
technical effort costs are made by the De-
partment 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; and
(4) the total dollar value of the advance
agreements negotiated prig to or during a
given fiscal year as required under subsec-
tion (a) (1) of this section does not exceed
a ceiling to be establlaLed annually by the
Congress.
(b) 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 divislon-
(1) no payments for independent research
and development, bid and proposal, and
other technical effort costs shall be made to
any such company or product division dur-
ing the fiscal year for which an agreement
was not reached, except in an amount sub-
stantially 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; and
(2) the amount of money received by that
company for independent research and de-
velopment, bid and proposal, and other tech-
nical effort costs during its last preceding
fiscal year shall be included in determining
compliance by the Department of Defense
with the ceiling established by Congress.
pursuant to subsection (a) (4) of this sec-
tion, for the fiscal year in question.
(c) The Secretary of Defense shall submit
an annual report to the Congress on or be-
fore January 31, 1972, and on or before
January 31 of each succeeding year, setting
forth-
(1) those companies with which negotia-
tions were held pursuant to subsection (a)
(1) of this section prior to or during the
preceding fiscal year, together with the result
of those negotiations;
(2) the manner of his compliance with
the ceiling established by Congress for the
preceding fiscal year pursuant to subsection
(a) (4) of this section; and
(3) the latest available Defense Contract
Audit Agency statistics on the independent
research and development, bid and proposal.
and other technical effort payments made
to major defense contractors whether oar not
covered by subsection (a(1) of this section.
(d) The provisions of this section shall ap-
ply only to contracts for which the submis-
sion and certification of cost or pricing data
are required in accordance with section 2306
(ft of title 10, United States Code.
(e) The ceiling to be etsablished pursuant
to subsection (a) (4) of this section for fis-
cal year ending June 30, 1971, shall be $625,-
000,000.
(f) Section 403 of Public Law 91-12'_ (80
btat. 204) is hereby repealed.
Sac. 204. None of the funds authorized to
be appropriated by this Act may be used to
carry out any research project or study un-
less such project or study has a direct and
apparent relationship to a specific military
function or operation.
Sac. 205. (a) There is hereby established an
Interagency advisory council to be known
as the Interagency Advisory Council on. Do-
mestic Applications of Defense Research
(hereinafter In this section referred to as
the "Council").
(b) The Council shall be composed of the
b lowing members:
L~ d> consent that wh i the
tand
pl s Its business toda , it stand
The PRESIDING OFFICER (Mr.
BELLMON). Without objection, it Is so
ordered.
MILITARY PROCUREMENT
AUTHORIZATIONS. 1971
Mr. MANSFIELD. Mr. President. I ask
unanimous consent that the Senate turn
tai the consideration of Calendar No.
1020. H.R. 17123. that It be laid before
the Senate and made the pending bust-
Iles,.
The PRESIDING OFFICER. The bill
will be stated by title.
The assistant legislative clerk read as
follows:
A bill (H.R. 17123) to authorize appro-
priations during the fiscal year 1971 for pro-
curement of aircraft, missiles, naval ves-
sels. and tracked combat vehicles. and other
weapons, and research, development, test.
and evaluation for the Armed Forces, and to
prescribe the authorised personnel strength
of the Selected Reserve of each Reserve
component of the Armed Forces, and for
other purposes.
Approved For Release 2005/07/13 : CIA-RDP72-00337R000400110043-6