PUBLIC LAW 93-365 93 RD CONGRESS, H. R. 14592 AUGUST 5, 1974

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700030001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 19, 2016
• Document Release Date: November 21, 2005
• Sequence Number: 1
• Publication Date: August 5, 1974
• Content Type: REGULATION

Public Law 93-365s~~A
93rd Con
ress
14592
H
R
g
,
,
,
August 5, 1974
it 4t
20 pct
To authorize appropriations during the fiscal year 1975 for procurement of
aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other
weapons, and research, development, test and evaluation for the Armed
Forces, and to prescribe the authorized personnel strength for each active
duty component and of the Selected Reserve of each Reserve component of
the Armed Forces and of civilian personnel of the Department of Defense, and
to authorize the military training student loads and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States o f America in Congress assembled,
Src. 101. Funds are hereby authorized to be appropriated during the
fiscal year 1975 for the use of the Armed Forces of the United States
for procurement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons as authorized by law, in
amounts as follows :
For aircraft: for the Army, $320,300,000; for the Navy and the
Marine Corps, $2,866,200,000; for the Air Force, $3,286,300,000 of
which (1) $104,900,000 shall be ueed only for the procurement of A-7D
aircraft for the Air National Guard of the United States, and (2)
$405,100,000 shall be available only for procurement in connection
with the Airborne Warning and Control. System, and shall be available
for that purpose only if and after the Secretary of Defense determines
and certifies such determination to the Congress that such system is
cost effective and meets the mission needs and requirements of the
Department of Defense, except that the foregoing certification require-
ment shall not apply with respect to the procurement of long lead time
For missiles : for the Army, $436,500,000; for the Navy, $634,500,000;
for the Marine Corps, $74,100,000; for the Air Force, $1,579,200,000.
For Naval vessels: for the Navy, $3,156,400,000, of which sum
$1,166,800,000 shall be used only for the Trident program; $502,500,000
shall be used only for the SSN-688 nuclear attack submarine ;
$244,300,000 shall be used only for the DLGN nuclear powered guided
missile frigate program; $457,100,000 shall be used only for the DD-
963 program; $16,000,000 shall be used only for the sea control ship
program; $92,300,000 shall be used only for the patrol hydrofoil
missile program; $186,000,000 shall be need only for the patrol frigate
program; $81,400,000 shall be used only for the fleet oiler; $116,700,000
shall be used only for a destroyer tender; $10,800,000 shall be used only
for a fleet ocean tug; $104,600,000 shall be used only for the Poseidon
conversion of fleet ballistic-missile submarines ; $18,300,000 shall be
used only for conversion of a submarine tender; $22,000,000 shall be
used only for craft; $10,400,000 shall be used only for pollution abate-
ment craft; $55,300,000 shall be used only for outfitting material and
post delivery; $71,900,000 shall be used only for escalation on prior
year programs.
Department of
Defense
Appropriation
Authorization
Aot, 1975.
88 STAT. 399
88 STAT. 400
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Pub. Law 93-365 - 2 - August 5, 1974
For tracked combat vehicles: for the Army, $300,600,000; for the
Marine Corps, $74,200,000.
TORPEDOES
For torpedoes and related support equipment : for the Navy,
88 STAT. 400 $187,700.000.'
88 STAT. 401 OTHER WEAPONS
For other weapons: for the Army, $52,200,000; for the Navy,
$25,500,000; for the Marine Corps, $500,000.
TITLE II-RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
SEc. 201. Funds are hereby authorized to be appropriated during
the fiscal year 1975 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, $1,878,397,000;
For the Navy (including the Marine Corps), $3,153,006,000, of which
$57,500,000 shall be available only for app ication to surface naval
gunnery (excluding the Close-In Weapon ,System), including gun fire
control systems, gun mounts, unguided and guided ordnance, and
fuzing;
For the Air Force, $3,389,517,000; and
For the Defense Agencies, $516,057,000, of which $25,000,000 is
authorized for the activities of the Director of Test and Evaluation,
Defense.
Reduction. SEc. 301. For the fiscal year beginning July 1, 1974, and ending
June 30, 1975, each component of the Armed Forces is authorized an
end strength': for active duty personnel as follows:
(1) The Army, 785,000;
(2 The Navy, 540,380;
(3 The Marine Corps, 196,398;
(4) The Air Force, 627,535.
U.S. Military SEc. 302. (a) The United States military forces in Europe can
forces in reduce headquarters and noncombat military personnel relative to the
Europe, de- number of combat personnel located in Europe. Therefore, except in
ployment. the event of imminent hostilities in Europe,, the noncombat component
of the total United States military strength in Europe authorized as
of June 30,1974, shall be reduced by 18,000. Such reduction shall be
completed not later than June 30, 1976, and not less than 6,000 of such
Reports to reduction shall be completed on or before June 30, 1975; however, the
congress. Secretary of. Defense is authorized to increase the combat component
strength of United States forces in Europe by the amount of any such
reduction made in noncombat personnel. The Secretary of Defense
shall report. semi-annually to the Congress on all actions taken to
improve the combat proportion of United States forces in Europe. The
first report shall be submitted not later than March 31,1975.
Army, navy and (b) For purposes of this section, the combat component of the Army
Air. Force, includes only the infantry, cavalry, artillery, armored, combat engi-
combat com- neers, special forces, attack assault helicopter units, air defense, and
ponems. missile combat units of battalion or smaller size; the combat compo-
nent of the Navy includes only the combat ships (aircraft carrier,
cruiser, destroyer, submarine, escort and amphibious assault ships)
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gguu 88 STAT. 402
and combat aircraft wings (fighter, attack, reconnaissance, and
patrol) ; the combat component of the Air Force includes only the tac-
tical fighter reconnaissance, tactical airlift, fighter interceptor and
bomber units of wing or smaller size.
(c) The Secretary of Defense shall undertake a specific assessment
of the costs and possible loss of nonnuclear combat effectiveness of the
military forces of the North Atlantic Treaty Organization countries
caused by the failure of the North Atlantic Treaty Organization mem-
bers, including the United States, to standardize weapons systems,
ammunition, fuel, and other military impedimenta for land, air, and
naval forces. The Secretary of Defense shall also develop a list of
standardization actions that could improve the overall North Atlantic
Treaty Organization nomiuclear defense capability or save resources
for the alliance as a whole. He shall also evaluate the relative priority
and effect of each such action. The Secretary shall submit the results of
these assessments and evaluations to the Congress and subsequently
shall also cause them to be brought before the appropriate North
Atlantic Treaty Organization bodies in order that the suggested
actions and recommendations can become an integral part of the over-
all North Atlantic Treaty Organization review of force goals and
development of force plans. The Secretary of Defense shall report
semiannually to the Congress on the specific assessments and evalua-
tions made under the above provisions as well as the results achieved
with the North Atlantic Treaty Organization allies. The first such
report shall be submitted to Congress not later than January 31, 1975.
(d) The total number of United States tactical nuclear warheads
located in Europe on the date of enactment of this Act shall not be
increased until after June 30, 1975, except in the event of imminent
hostilities in Europe. The Secretary of Defense shall study the overall
concept for use of tactical nuclear weapons in Europe; haw the use of
such weapons relates to deterrence and to a strong conventional
defense; reductions in the number and type of nuclear warheads which
a,re not. essential for the defense structure for Western Europe; and
the steps that can be taken to develop a rational and coordinated
nuclear posture by the North Atlantic Treaty Organization Alliance
that is consistent with proper emphasis on conventional defense forces.
The Secretary of Defense shall report to the Committees on Armed
Services and Foreign Relations of the Senate and the Committees on
Armed Services and Foreign Affairs of the House of Representatives
on the results of the above study on or before April 1, 1975.
TITLE IV-RESERVE FORCES
SEC. 401. For the fiscal year beginning July 1, 1974, and ending
June 30, 1975, 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:
(1) The Army National Guard of the United States, 400,000;
(2) The Army Reserve, 225,000;
(3) The Naval Reserve, 117,000;
(4) The Marine Corps Reserve, 36,703,
(5) The Air National Guard of the United States, 95,000;
(6) The Air Force Reserve, 51,319;
(7) The Coast Guard Reserve, 11,700.
SEC. 402. The average strength prescribed by section 401 of this
title for the Selected Reserve of any Reserve component shall be pro-
portionately reduced by (1) the total authorized strength of units
organized to serve as units of the Selected Reserve of such component
NATO members,
weapons sys-
tems, stand-
ardization,
assessment and
evaluation.
Submittal to
Congress.
Reports to
Congress.
U.S. tactical
nuclear war-
heads in
Europe.
Use and re-
duction,
study.
Report to
congressional
committees.
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Pub. Law 93-365 - 4- August 5, 1974
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 com-
ponent who are on active duty (other than for training or for unsatis-
factory participation in training) without. their consent at any time
during the fiscal year. Whenever such units or such individual mem-
bers 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.
Air National SFc. 403. (a) The average strength prescribed by section 401 of this
Guard. title for the Air National Guard of the United States shall be used to
man a force which shall include not less than 91 flying units in the Air
National Guard during the fiscal year beginning July 1, 1974.
(h) It is the policy of Congress that. any increase in the ratio of air-
crew to aircraft for the strategic airlift mission of the Air Force above
the present ratio of crewmemnbers per aircraft should be achieved to
the maximum extent possible through the components of the Selected
Reserve and not by increasing the active duty force level of the Air
strategic Force. To carry out such policy the Secretary of Defense is directed
airlift crew to study the possibility of increasing the strategic airlift crew ratio
ratio in- per aircraft to the required levels by utilizing jointly the resources of
crease, study. the Air National Guard and the Air Force Reserve. Such study shall
specifically include: (1) restructuring the missions of Air National
Guard units so as to retain an effective strategic airlift capability
within the Air National Guard and the Air Force Reserve; (2) the
utilization of Air National Guard units now in existence so as to avoid
the loss of existing skills in those units; (3) alternatives, including,
but not limited to, transfer, rotation, "hybridization", and "associa-
tion", for making available to the Air National Guard and the Air
Force Reserve strategic airlift aircraft in numbers sufficient to sup-
port an effective capability; and (4) the desirability of new statutory
authority for the limited selective mobilization of members of the Air
National Guard under circumstances not loading to a declaration of
submittal to a national emergency by the Congress or the President. The Secretary
congress. shall submit his study to the Congress not later than 180 days after the
(late of enactment of this Act, and before the implementation thereof,
together with an evaluation of such study, a proposed schedule for its
possible implementation, and such recommendations for legislative
action relating to the subject matter of this section as he may deem
appropriate.
Reduction. SFC. 501. (a) (1) For the fiscal year beginning July 1, 1974, and
ending June, 30, 1975, the Department of Defense is authorized an end
strength for civilian personnel as follows :
(A) The Department of the Army, 358,717;
(B) The Department of the Navy, including the Marine Corps,
323,529;:
(C) The Department of the Air Force, 269,709;
(D) Activities and agencies of the Department of Defense
(other than the military departments), 75,372.
(2) The end strength for civilian personnel prescribed in para-
graph (1) of this subsection for the fiscal year ending June 3O, 1975,
shall be reduced by 32,327. Such reduction shall be apportioned among
the Army, Navy, Air Force, and activities and agencies of the Depart-
ment of Defense as the Secretary of Defense shall prescribe. The
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88 STAT. 404
Secretary of Defense shall report to Congress within 60 days after the Report to
date of enactment of this Act on the manner in which this reduction is congress.
to be apportioned among the military services and the activities and
agencies of the Department of Defense and among the mission cate-
gories described in the Manpower Requirements Report. This report
shall include the rationale for each reduction.
(b) In computing the authorized end strength for civilian personnel
there shall be included all. direct-hire civilian personnel employed to
perform military functions administered by the Department of
Defense (other than those performed by the National Security
Agency) whether in permanent or temporary positions and whether
employed on a full-time, part-time, or intermittent basis, but excluding
special employment categories for students and disadvantaged youth
such as the stay-in-school campaign, the temporary summer aid pro-
gram and the Federal junior fellowship program and personnel par-
ticipating in the worker-trainee opportunity program. Whenever a
function, power, or duty or activity is transferred or assigned to a
department or agency of the Department of Defense from a depart-
ment or agency outside of the Department of Defense or from a
department or agency within the Department of Defense, the civilian
personnel end strength authorized for such departments or agencies
of the Department of Defense affected shall be adjusted to reflect any
increases or decreases in civilian personnel required as a result of such
transfer or assignment.
(c) When the Secretary of Defense determines that such action is Personnel in-
necessary in the national interest, he may authorize the employment crease, limi-
of civilian personnel in excess of the number authorized by subsection tation.
(a) of this section, but such additional number may not exceed one
half of one per centum of the total number of civilian personnel
authorized for the Department of Defense by subsection (a) of this
section. The Secretary of Defense shall promptly notify the Congress Notification
of any authorization to increase civilian personnel strength under the to congress.
authority of this subsection.
SEC. 502. It is the sense of Congress that the. Department of Defense manpower con-
shall use the least costly form of manpower that is consistent with version.
military requirements and other needs of the Department of Defense. 10 USC 138
Therefore, in developing the annual manpower authorization requests note.
to the Congress and in carrying out manpower policies, the Secretary
of Defense shall, in particular, consider the advantages of converting
from one form of manpower to another (military, civilian, or private
contract) for the performance of a specified job. A full justification of
any conversion from one form of manpower to another shall be con-
tained in the annual manpower requirements report to the Congress
required by section 138(c) (3) of title 1.0, United States Code. 87 Stat. 612.
TITLE VI-MILITARY TRAINING STUDENT LOADS
SEC. 601. (a) For the fiscal year beginning July 1, 1974, and ending
June 30, 1975, each component of the Armed Forces is authorized an
average military training student load as follows :
(1) The Army, 97,688;
(2) The Navy, 71,279;
(3) The Marine Corps, 26,262;
~4 The Air Force, 52,900;
5) The Army National Guard of the United States, 12,111;
(6) The Army Reserve, 6,673;
(7) The Naval Reserve, 2,536;
(8) The Marine Corps Reserve, 3,403;
9) The Air National Guard of the United States, 2,359; and
(10) The Air Force Reserve, 1,126.
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88 STAT. 405 VU D. August 5, 1974
(b) The average military training student loads for the Army, the
Navy, the Af arine Corps, and the Air Force and the Reserve compo-
nents prescribed in subsection (a) of this section for the fiscal year
ending June 30, 1975, shall be adjusted consistent with the manpower
strengths provided in title III, title IV, and title V of this Act. Such
adjustment shall be apportioned among the Army, the Navy, the
Marine Corps, and the Air Force and the Reserve Components in such
manner as the Secretary of Defense shall prescribe.
TITLE VII-GENERAL PROVISIONS
Funds, avail- SF(,,. 701. (a) Paragraph (1) of section 401(a) of Public Law
ability for 89-367, approved March 15, 1966 (80 Stat. 37), as amended, is amended
South Viet- to read as follows :
namese forces. "(1) There is authorized to be appropriated as a single appropria-
tion to the Department of Defense for the, fiscal year ending June 30,
1975, the sum of $1,000,000,000, including $263,860,000 for procure-
ment of aircraft, missiles, tracked combat vehicles, and other weapons,
to support South Vietnamese military forces. Such appropriation
shall be administered and accounted for as one fund and may be obli-
gated only by the issuance of orders by the Secretary of Defense for
such support,. Funds appropriated pursuant to this section shall be
deemed obligated at the time the Secretary of Defense issues orders
authorizing support of any kind to South Vietnamese military forces.
No support herein authorized may be made available in any manner
unless pursuant to a specific order issued by the Secretary."
(b) That portion of paragraph (2) of such section 401 (a) which
precedes clause (A) is amended to read as follows:
"(2) No defense article may be furnished to the South Vietnamese
forces with funds authorized under this or any other Act unless the
Government of the Republic of South Vietnam shall have agreed
that-".
(c) Section 401 of such Public Law 89-367 is amended by striking
out subsections (b), (c), and (d) and inserting in lieu thereof the
following:
Limitation. "(h) No funds authorized by this or any other Act to or for use by
the Department of Defense may be obligated in the fiscal year ending
June 30. 1975, for support, of South Vietnamese military forces in any
amount in excess of the amount of $1,000,000,000.
Nonexcess and "(c) Any obligation incurred against funds authorized under this
excess mate- section shall, in the case of nonexcess materials and supplies furnished
rials and from the inventory of the Department of Defense, be equal to the
supplies. replacement cost thereof at the time such obligation is incurred, and in
the case of excess materials and supplies, be equal to the actual value
thereof at the:time such obligation is incurred.
Cambodia and "(d) No funds authorized by this section may be used in any way
Laos. to support Vietnamese or other forces in actions designed to provide
Military support and assistance to the Government of Cambodia or
Laos.
Report to "(e) Within 30 days after the end of each quarter of the fiscal year,
congressional the Secretary of Defense shall submit to the Committees on Armed
committees. Services of the Senate and the House of Representatives a written
report regarding actual obligations incurred against funds appro-
priated pursuant to this section. Such report shall indicate the dif-
ferent purposes for which such obligations were incurred and the
amounts thereof, together with such other information as the Secre-
tary determines appropriate."
Naval vessels, Sic. 702. Subsection (b) of section 7307 of title 10, United States
disposal re- Code, is amended to read as follows :
strictions.
70A Stat. 452.
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88 STAT. 406
"(b) (1) After the date of enactment of this paragraph, no naval
vessel in excess of 2,000 tons or less than 20 years of age may be sold,
leased, granted, loaned, bartered, -transferred, or otherwise disposed
of to another nation unless the disposition thereof has been approved
by law enacted after such date of enactment.
"(2) After the date -41 enactment of this paragraph, any naval vessel
not subject to the provisions of paragraph (1) may be sold, leased,
granted, loaned, bartered, transferred, or otherwise disposed of to
another nation in accordance with applicable provisions of law only
after the Secretary of the Navy, or his designee, has notified the Com- Notification to
mittces on Armed Services of the Senate and the House of Representa- congressional
tives in writing of the proposed disposition and 30 days of continuous committees.
session of Congress have expired following the date on which notice
was transmitted to such committees. For purposes of this paragraph, Congressional
the continuity of a session of Congress is broken only by an adjourn- session,oonti-
ment of the Congress sine die, and the days on which either House is nutty.
not in session because of an adjournment of more than 3 days to a day
certain are excluded in the computation of such 30-day period."
SEC. 703. Notwithstanding any other provision of law, no funds Dogs, use for
authorized to be appropriated pursuant to this Act may be used for research, pro-
research, testing, and/or evaluation of poisonous gases, radioactive hi bit ion.
materials, poisonous chemicals, or biological or chemical warfare
agents upon dogs for the purpose of developing biological or chemical
weapons.
SEC. 704. Section 204 of Public Law 93-166 is amended by adding Island of
at the end thereof a. new subsection as follows : Culebra, naval
"(e) Notwithstanding any other provision of law, the conduct by training oper-
the Department of the Navy of training operations at the Culebra ations, restric-
complex involving the firing of any shells, missiles, or other projectiles tions. 668.
from ships or the dropping of any bombs, strafing, firing of rockets 87 Stat. or missiles, or the launching of any other projectiles from aircraft at
Culebra or at any keys within three nautical miles thereof is prohibited
during any period of time that the negotiations required by subsection
(b) have been ended on the initiative of the United States Govern-
ment prior to the conclusion of a satisfactory agreement. In the con-
duct of the negotiations required by subsection (b) the Secretary of
the Navy shall not agree to any relocation of training operations from
the Island of Culebra which would be rendered ineffective by any
international agreement on the law of the sea which may become
international law within three years after the date of the enactment
of this Act."
SEC. 705. Section 401 of the Department of Defense Supplemental Enlistment.
Appropriations Authorization Act, 1974, is amended by striking out Ante, p. 234.
the period at the end of such section and inserting in lieu thereof the
following: "when his enlistment is needed to meet established strength
requirements.".
SEC. 706. None of the funds authorized by this Act may be used for Minuteman missile
the purpose of carrying out any proposed flight test (including opera- test,
rional base launch) of the Minuteman missile from any place within restriction.
the United States other than Vandenberg Air Force Base, Lcmpoc,
California.
SEC. 707. (a) No funds authorized to be appropriated by this or any Foreign goods,
other Act may be obligated under a contract entered into by the procurement
Department of Defense after the date of the enactment of this Act for restrictions.
procurement of goods which are other than American goods unless,
under regulations of the Secretary of Defense and subject to the
determinations and exceptions contained in title III of the Act of
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88 STAT. 407
March 3, 1933, as amended (47 Stat. 1520; 41 U.S.C. 10a, lob),
popularly known as the Buy American Act, there is adequate con-
sideration given to:
(1) the bids or proposals of firms located in labor surplus areas
in the United States as designated by the Department of Labor
which have offered to furnish American goods;
(2) the bids or proposals of small business firms in the United
States which have offered to furnish American goods;
(3) the bids or proposals of all other firms in the United States
which have offered to furnish American goods;
(4) the United States balance of payments;
(5) the cost of shipping goods which are other than American
goods; and
(6) any duty, tariff, or surcharge which may enter into the cost
of using goods which are other than American goods.
"Goods which (b) For purposes of this section, the term "goods which are other
are other than than American ooods" means (1) an end product which has not been
American mined, producer , or manufactured in the United States, or (2) an end
goods." product manufactured in the United States but the cost of the com-
ponents thereof which are not mined, produced, or manufactured in
the United States exceeds the cost of components mined, produced, or
manufactured in the United States.
70A Stat. 234. Snc. 708. (a) Chapter 401 of title 10, United States Code, is
to USC 4301. amended-
(1) by adding the following new section at the end thereof :
4314. United States Army Command and General Staff College
degree
"fi"nder regulations prescribed by the Secretary of the Army, and
with the approval of a nationally recognized civilian accrediting asso-
ciation approved by the Commissioner of Education, Department of
EIealth, Education, and Welfare, the Commandant of the United
States Army Command and General Staff College may upon recom-
rlaster of mendation by the faculty confer the degree of master of military art
military art and science upon graduates of the college who have fulfilled the fol-
and science, lowing degree requirements: a minimum of thirty semester hours of
degree re- graduate credit, including a masters thesis of six to eight semester
quirements. hours, and a demonstration of competence in the discipline of military
art and science as evidenced by satisfactory performance on a general
comprehensive examination. These requirements may be altered only
Report to with the approval of such association. The Secretary of the Army
congressional shall report annually to the Committees on Armed Services of the
committees. Senate and House of Representatives the following information:
(1) the criteria which must be met to entitle a student to award of
the degree, (2) whether such criteria have changed in any respect dur-
ing the reporting year, (3) the number of students in the most recent
resident course graduating class, (4) the number of such students who
were enrolled in the master of military art and science program, and
(5) the number of students successfully completing the master of mili-
tary art and science program."; and
(2) by adding the following new item ac the end of the analysis
of such chapter :
"4314. United States Army Command and General Staff College degree."
Retroactive (b) The Commandant of the United States Army Command and
degree con- General Staff College may confer the degree of master of military
ferral, limi- art and science upon graduates of the college who have completed the
t
10 ation. r uirements for that degree since 1964 but prior to the enactment of
note,C 4314 this but the number such degrees awarded for such period
may not exceed two hundred.
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August 5, 1974 - 9 - Pub. Law 93-365
88 STAT. 408
SEC. 709. (a) The Congress finds that the defense posture of the
United States may be seriously compromised if goods, technology, and
industrial techniques which have been developed in whole or in part
as a direct or indirect result of research and development programs
or procurement programs financed in whole or in part with funds
authorized by this or any other Act authorizing funds for the Depart-
ment of Defense are exported to a controlled country without an
adequate and knowledgeable assessment having been made to deter-
mine whether the export of such goods, technology, and techniques
will significantly increase the present or potential military capability
of any such country. It is the purpose of this section, therefore, to
provide for such an assessment, to insure notice of proposed exports
to the Secretary of Defense, and to authorize the Secretary of Defense
to review the proposed export of goods, technology, or indus-
trial techniques to any such country whenever he has reason to believe
that the export of such goods, technology, or techniques will signifi-
cantly increase the military capability of such country.
(b) Effective upon enactment of this section, any application for
the export of any goods, technology, or industrial techniques described
in subsection (a) shall, before being eligible for export to a controlled
country, be reviewed and assessed by the Secretary of Defense for the
purpose of determining whether the export of such goods, technology
or techniques will significantly increase the present or potential mili-
tary capability of such country.
(c) If the Secretary of Defense determines, after his review and
assessment, that the export of such goods, technology or industrial
techniques will in his judgment significantly increase the present or
potential military capability of any controlled country, he shall rec-
ommend to the President that the application for export be disap-
proved. In any case in which the President disagrees with a recom-
mendation made by the Secretary of Defense to prohibit the export
of such goods, technology, or techniques to a controlled country, the
President shall submit to the Congress a statement indicating his dis-
agreement with the Secretary of Defense together with the recom-
mendation of the Secretary of Defense. The application for the export
of any such goods, technology, or techniques may be approved after
submission by the President of his statement and the recommendation
of the Secretary of Defense to the Congress and 60 days of continuous
session of the Congress has elapsed following such submission unless
within such 60 day period Congress has. adopted a concurrent resolu-
tion disapproving the application for the export of such goods, tech-
nology, or techniques.
(d) As used in this section (1) the term "controlled country" means
the Soviet Union, Poland, Romania, Hungary, Bulgaria, Czechoslo-
vakia, the German Democratic Republic (East Germany), and such
other countries as may be designated by the Secretary of Defense. and
(2) the term "days of continuous session of the Congress" shall not
include days on which either House of Congress is not in session
because of an adjournment of more than three days.
(e) The Secretary of Defense shall submit to the Congress a written
report on his implementation of this section not later than 30 days
after the close of each quarter of each fiscal year. Each such report,
shall, among other things, identify each instance in which the Secre-
tary recommended to the President that exports be disapproved and
the action finally taken by the executive branch on the matter.
Proposed ex-
port of goods,
technology and
industrial
techniques de-
veloped by DOD.
50 USC app.
2403-1.
Notice to
Secretary;
review
authorization.
Txport appli-
cation, review
and assess-
ment.
Recommendation
to President
for disappro-
val.
Presidential
statement to
Congress.
"Controlled
country."
"Days of con-
tinous session
of the Con-
gress."
Report to
Congress.
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 Approved For edesae 9q6/9607: CIA_Rp 75B0038OR000700030001-5
August 5, 1974
TITLE VIII-NUCLEAR POWERED NAVY
10 Usc 7291 SEc. 801. It is the policy of the United States of America to mod-
note.ernize the strike forces of the United States Navy by the construction
88 STAT 408. of nuclear podvered major combatant vessels and to provide for an ade-
88 STAT. 409 quate industrial base for the research, development, design, construc-
tion, operation, and maintenance for such vessels. New construction
major combatant vessels for the strike forces of the United States
Navy authorized subsequent to the date of the enactment of this Act
becomes law shall be nuclear powered, except as provided in this title.
"Major combat- SEc. 802. For the purposes of this title, the term "major combatant
ant vessels vessels for the strike forces of the United States Navy" means--
for the strike (1) coi'lbatant submarines for strategic or tactical missions, or
forces of the both;
United States
Navy, (2) combatant vessels intended to operate in combat in aircraft
10 USC 7291 carrier task groups (that is, aircraft carriers and the cruisers,
note, frigates, and destroyers which accompany aircraft carriers) ;
and
(3) those types of combatant vessels referred to in clauses (1)
and (2) above designed for independent combat missions where
essentially unlimited high speed endurance will be of significant
military value.
Report to SEC. 803. The Secretary of Defense shall submit to Congress each
Congress. calendar year, at the same time, the President submits the budget to
in iisr 79Q1
64 Stat. 832; -I, w ..aivwu .cprii, tegaru111g l.i:le appiieaLlon or nuclear
84 Stat. 1169. propulsion to'major combatant vessels for the strike forces of the
Department.o' United States Navy. The report shall identify contract placement
Defense Five dates for their construction and shall identify the Department of
Year Program. Defense Five Year Defense Program for construction of nuclear
powered major combatant vessels for the strike forces of the United
States Navy.
10 USC 7291 SEc. 804. All requests for authorizations or appropriations from
note. Congress for major combatant vessels for the strike forces of the
United States Navy shall be for construction of nuclear powered
major combatant vessels for such forces unless and until the President
has fully advised the Congress that construction of nuclear powered
vessels for such purpose is not in the ratios interest. Such report of
the President to the Congress shall include for consideration by Con-
gress an alternate program of nuclear powered ships with appropriate
design, cost, and schedule information.
Short title. This Act may be cited as the "Department of Defense Appropriation
Authorization Act, 1975".
Approved August 5, 1974.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 93-1035 (Comm. on Armed Services) and No.
93..1212 (Comm. of Conference).
SENATE REPORTS: No. 93-884 accompanying S. 3000 (Comm. on Armed
Services) and No. 93-1038 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 120 (1974):
May 20, 22, considered and passed House.
June 3..7, 10, 11, considered and passed Senate, amended, in
lieu of S. 3000.
July 29, House agreed to conference report.
July 30, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, No. 32:
Aug, 5, Presidential statement.
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