An Act 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.
PL 93-365 (H.R.14592), enacted 08/05/1974

88 STAT. ] 
PUBLIC LAW 93-365-AUG. 5, 1974 
i 
399 
Public Law 93-364 
AN ACT 
August 2, 1974 
To authorize the Secretary of the Interior to sell certain rights in the State 
[H. R.377] 
of Florida. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of the Interior is authorized and directed to convey to the record owner 
thereof, in accordance with section 3 of this Act, all right, title, and 
interest in minerals reserved to the United States in land described 
as the northwest quarter of the southwest quarter of section 20, town-
ship 15 south range 23 east, in Marion County, Florida, 
SEC. 2. The Secretary shall require the deposit of a sum of money 
which he deems sufficient to cover estimated administrative costs of 
this Act. If a conveyance is not made pursuant to this Act, and the 
administrative costs exceed the deposit the Secretary shall bill the 
applicant for the outstanding amount, but if the amount of the deposit 
exceeds the actual administrative costs, the Secretary shall refund 
the excess. 
SEC. 3. No conveyance shall be made unless application for con-
veyance is filed with the Secretary within six months of the date of 
approval of this Act and unless within the time specified by him pay-
ment is made to the Secretary of (1) administrative costs of the con-
veyance and (2) the fair market value of the interest to be conveyed. 
The amount of the payment required shall be the difference between 
the amount deposited and the full amount required to be paid under 
this section. If the amount deposited exceeds the full amount required 
to be paid, the applicant shall be given a credit or refund for the excess. 
SEC. 4. The term "administrative costs" as used in this Act, includes, 
but is not limited to, all costs of (1) conducting an exploratory pro-
gram to determine the character of the mineral deposits in the land, 
(2) evaluating the data obtained under the exploratory program to 
determine the fair market value of the mineral rights to be conveyed, 
and (3) preparing and issuing the instrument of conveyance. 
SEC. 5. Moneys paid to the Secretary for administrative costs shall 
be paid to the agency which rendered the service, and deposited to the 
appropriation then current. Moneys paid for the minerals or mineral 
interests conveyed shall be deposited into the general fund of the 
Treasury as miscellaneous receipts. 
Approved August 2, 1974. 
Marion County, 
Fla. 
Mineral inter-
ests, conveyance. 
Administrative 
costs. 
Application. 
" Adminis tra tive 
c o s t s . " 
Public Law 93-365 
A N A C T 
August 5, 1974 
FH R 
14592] 
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 ty the Senate and House of Representatives 
of the 
United States of America in Congress oMsenibled^ 
Department of 
Defense Appropri-
ation Authoriza-
tion Act, 1975. 
400 
PUBLIC LAW 93-365-AUG. 5, 1974 
fes 
STAT. 
TITLE I—PROCUREMENT 
SEC. 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: 
AIRCRAFT 
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 used 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 
items for such system. 
MISSILES 
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. 
NAVAL VESSELS 
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 D D -
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 used 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. 
TRACKED COMBAT VEHICLES 
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, 
$187,700,000, 
88 STAT. ] 
PUBLIC LAW 93-365-AUG. 5, 1974 
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—RESEAECH, DEVELOPMENT, TEST AND 
EVALUATION 
SEC. 201. Funds are hereby authorized to be appropriated during 
the fiscal year 19^5 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 application 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, 
J^p f 
pfi SP 
T I T L E III—ACTIVE FORCES 
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 Marme Corps, 196,398; 
(4) The Air Force, 627,535. 
SEC. 302. (a) The United States military forces in Europe can i^^^f;^%^^'^^ 
reduce headquarters and noncombat military personnel relative to the d'Jpfoyrent?'^"''^' 
number of combat pei-sonnel located in Europe. Therefore, except in 
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 
reduction shall be completed on or before June 30, 1975; however, the 
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 
R^p°'-i^ to 
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. 
(b) For purposes of this section, the combat component of the Army 
Army, Navy and 
includes only the infantry, cavalry, artillery, armored, combat engi- ^at romponentlf. 
neers, special forces, attack assault helicopter units, air defense, and 
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) 
402 
PUBLIC LAW 93-365-AUG. 5, 1974 
[88 STAT. 
NATO members, 
weapons systems, 
standardization, 
assessment and 
evaluation. 
Submittal to 
Congress. 
Reports to 
Congress. 
U.S. tactical 
nuclear warheads 
in Europe. 
Use and reduc-
tion, study. 
Report to 
congressional 
committees. 
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 nonnuclear 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 Secretiary of Defense shall study the overall 
concept for use of tactical nuclear weapons in Europe; how the use of 
such weapons relates to deterrence and to a strong conventional 
defense; reductions in the number and type of nuclear warheads which 
are 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 
88 STAT. ] 
PUBLIC LAW 93-365-AUG. 5, 1974 
403 
Guard. 
6' 
Strategic 
airlift crew ratio 
increase, study. 
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 
imits 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. 
SEC. 403. (a) The average strength prescribed by section 401 of this 
^^ National 
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. 
(b) 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 crewmembers 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 
Force. To carry out such policy the Secretary of Defense is directed 
to study the possibility of increasing the strategic airlift crew ratio 
per aircraft to the required levels by utilizing jointly the resources of 
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 leading to a declaration of 
a national emergency by the Congress or the President. The Secretary 
shall submit his study to the Congress not later than 180 days after the 
date 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. 
TITLE V—CIVILIAN PERSONNEL 
SEC. 501. (a)(1) For the fiscal year beginning July 1, 1974, and 
Reduction. 
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 30, 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 
Submittal to 
Congress. 
404 
PUBLIC LAW 93-365-AUG. 5, 1974 
[88 STAT. 
Report to 
Congress. 
Personnel in-
crease, limita-
tion. 
Notification to 
Congress. 
Manpower con-
version. 
10 u s e 138 
note. 
Secretary of Defense shall report to Congress within 60 days after the 
date of enactment of this Act on the manner in which this reduction is 
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 
necessary in the national interest, he may authorize the employment 
of civilian personnel in excess of the immber authorized by subsection 
(a) of this section, but such additional number may not exceed one 
half of one per centum of the total immber of civilian personnel 
authorized for the Department of Defense by subsection (a) of this 
section. The Secretary of Defense shall promptly notify the Congress 
of any authorization to increase civilian personnel strength under the 
authority of this subsection. 
SEC. 502. It is the sense of Congress that the Department of Defense 
shall use the least costly form of manpower that is consistent with 
military requirements and other needs of the Department of Defense. 
Therefore, in developing the annual manpower authorization requests 
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 manpoAver to another shall be con-
tained in the annual manpower requirements report to the Congress 
required by section 138(c)(3) of title 10, United States Code. 
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, 97,638; 
The Navy, 71,279; 
The Marine Corps, 26,262; 
The Air Force, 52,900; 
The Army National Guard of the United States, 12,111; 
The Army Reserve, 6,673; 
The Naval Reserve, 2,536; 
The Marine Corps Reserve, 3,403; 
The Air National Guard of the United States, 2,359; and 
The Air Force Reserve, 1,126. 
(2 
(3) 
(4 
(5 
(6) 
(7) 
(8) 
(^) 
(10) 
88 STAT. ] 
PUBLIC LAW 93-365-AUG. 5, 1974 
405 
(b) The average military training student loads for the Army, the 
Navy, the Marine 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 
SEC. 701. (a) Paragraph (1) of section 401(a) of Public Law 
89-367, approved March 15,1966 (80 Stat. 37), as amended, is amended 
to read as follows: 
"(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: 
"(b) 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, 
"(c) Any obligation incurred against funds authorized under this 
section shall, in the case of nonexce?s materials and supplies furnished 
from the inventory of the Department of Defense, be equal to the 
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. 
"(d) No funds authorized by this section may be used in any way 
to support Vietnamese or other forces in actions designed to provide 
military support and assistance to the Government of Cambodia or 
Laos. 
" (e) Within 30 days after the end of each quarter of the fiscal year, 
the Secretary of Defense shall submit to the Committees on Armed 
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 £is the Secre-
tary determines appropriate." 
SEC. 702. Subsection (b) of section 7307 of title 10, United States 
Code, is amended to read as follows: 
Funds, avail-
ability for South 
Vietnamese 
forces. 
Limitation. 
Nonexcess and 
excess materials 
and supplies. 
Cambodia and 
Laos, 
Report to con-
gressional com-
mittees. 
Naval vessels, 
disposal restric-
tions. 
38-194 O - 76 - 29 Pt. 1 
406 
PUBLIC LAW 93-365-AUG. 5, 1974 
[88 STAT. 
Notification to 
congressional 
committees. 
Congressional 
session, conti-
nuity. 
Dogs, use for 
research, prohi-
bition. 
Island of 
Culebra, naval 
training opera-
tions, restric-
tions. 
Enlistment. 
Ante, 
p. 234. 
Minuteman mis-
sile flight test, 
restriction. 
Foreign goods, 
procurement re-
strictions. 
"(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 of 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-
mittees on Armed Services of the Senate and the House of Repi-esenta-
tives in writing of the proposed disposition and 30 days of continuous 
session of Congress have expired following the date on which notice 
was transmitted to such committees. For purposes of this paragraph, 
the continuity of a session of Congress is broken only by an adjourn-
ment of the Congress sine die, and the days on which either House is 
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 
authorized to be appropriated pursuant to this Act may be used for 
research, testing, and/or evaluation of poisonous gases, radioactive 
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 
at the end thereof a new subsection as follows: 
"(e) Notwithstanding any other provision of law, the conduct by 
the Department of the Navy of training operations at the Culebra 
complex involving the firing of any shells, missiles, or other projectiles 
from ships or the dropping of any bombs, sitrafing, firing of rockets 
or missiles, or the launching of any other projectiles from aircraft at 
Culebra or at any keys within three nautical miles thereof is pi-ohibited 
during any period of time that the negotiations required by subsection 
(b) have been ended on the initiative of the LTnited 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 inetiective 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 
Appropriations Authorization Act, 1974, is amended by striking out 
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 
the purpose of carrying out any proposed flight test (including opera-
tional base launch) of the Minuteman missile from any place within 
the United States other than Vandenberg Air Force Base, Lompoc, 
California. 
SEC. 707. (a) No funds authorized to be appropriated by this or any 
other Act mav be obligated under a contract entered into by the 
Department of Defense after the date of the enactment of this Act for 
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 I I I of the Act of 
.88 STAT. ] 
PUBLIC LAW 93-365-AUG. 5, 1974 
407 
March 3, 1933, as amended (47 Stat. 1520; 41 U.S.C. 10a, 10b), 
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 ma,y enter into the cost 
of using goods which are other than American goods. 
(b) For purposes of this section, the term "goods which are other 
than American goods'' means (1) an end product which has not been 
mined, produced, or manufactured in the United States, or (2) an end 
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. 
SEC. 708. (a) Chapter 401 of title 10, United States Code, is 
amended— 
(1) by adding the following new section at the end thereof: 
*
*
§ 4314. United States Army Command and General Staff College 
degree 
"Lender 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 
Health, Education, and Welfare, the Commandant of the United 
States Army Command and General Staff College may upon recom-
mendation by the faculty confer the degree of master of military art 
and science upon graduates of the college who have fulfilled the fol-
lowing degree requirements: a minimum of thirty semester hours of 
graduate credit, including a masters thesis of six to eight semester 
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 
with the approval of such association. The Secretary of the Army 
shall report annually to the Committees on Armed Services of the 
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 crit:eria 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 at the end of the analysis 
of such chapter: 
"4314. United States Army Command and General Staff College degree." 
(b) The Commandant of the United States Army Command and 
General Staff College may confer the degree of master of military 
art and science upon graduates of the college who have completed the 
requirements for that degree since 1964 but prior to the enactment of 
this Act; but the number of such degrees awarded for such period 
may not exceed two hundred. 
"Goods which 
are other than 
American goods.' 
10 u s e 4314. 
Master of mili-
tary art and 
science, degree 
requirements. 
Report to 
congressional 
committees. 
Retroactive 
degree conferral, 
limitation. 
10 u s e 4314 
note. 
408 
PUBLIC LAW 93-365-AUG. 5, 1974 
[88 STAT. 
Proposed ex-
port of goods, 
technology and 
industrial tech-
niques developed 
by DOD. 
50 u s e app. 
2403-1. 
Notice to Sec-
retary; review 
authorization. 
Export appli-
cation, review 
and assessment. 
Recommenda-
tion to Presi-
dent for disap-
proval. 
Presidential 
statement to 
Congress. 
"Controlled 
country." 
"Days of con-
tinuous session 
of the Congress." 
Report to Con-
gress. 
SEC. 709. (a) The Congress finds that the defense posture of the 
United States may be seriously compromised if goods, technolo^, and 
industrial techniques which have been developed in whole or m 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. 
TITLE VIII—NUCLEAR POWERED NAVY 
10 u s e 7291 
note. 
SEC. 801. It is the policy of the United States of America to mod-
ernize the strike forces of the United States Navy by the construction 
88 STAT. ] 
PUBLIC LAW 93-366-AUG. 5, 1974 
409 
of nuclear powered major combatant vessels and to provide for an ade-
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. 
SEC. 802. For the purposes of this title, the term "major combatant 
vessels for the strike forces of the United States Navy" means— 
(1) combatant submarines for strategic or tactical missions, or 
both; 
(2) combatant vessels intended to operate in combat in aircraft 
carrier task groups (that is, aircraft carriers and the cruisers, 
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. 
SEC. 803. The Secretary of Defense shall submit to Congress each 
calendar year, at the same time the President submits the budget to 
Congress under section 201 of the Budget and Accounting Act, 1921 
(31 U.S.C. 11), a written report regarding the application of nuclear 
propulsion to major combatant vessels for the strike forces of the 
United States Navy. The report shall identify contract placement 
dates for their construction and shall identify the Department of 
Defense Five Year Defense Program for construction of nuclear 
powered major combatant vessels for the strike forces of the United 
States Navy. 
SEC. 804. All requests for authorizations or appropriations from 
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 national 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. 
This Act may be cited as the "Department of Defense Appropriation 
Authorization Act, 1975". 
Approved August 5, 1974. 
"Major com-
batant vessels 
for the strike 
forces of the 
United States 
Navy." 
10 u s e 7291 
note. 
Report to Con-
gress. 
10 u s e 7291 
note. 
Department of 
Defense Five 
Year Program. 
10 u s e 7291 
note. 
Short title. 
Public Law 93-366 
AN ACT 
To amend the Federal Aviation Act of 1958 to implement the Convention for the 
Suppression of Unlawful Seizure of Aircraft; to provide a more effective 
program to prevent aircraft piracy; and for other purposes. 
August 5, 1974 
[S. 39] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^sembled^ 
TITLE I—ANTIHIJACKING ACT OF 1974 
SEC. 101. This title may be cited as the "Antihijacking Act of 1974". 
SEC. 102. Section 101(32) of the Federal Aviation Act of 1958 (49 
U.S.C. 1301(32)), relating to the definition of the term "special air-
craft jurisdiction of the United States", is amended to read as follows: 
"(32) The term 'special aircraft jurisdiction of the United States' 
includes— 
" (a) civil aircraft of the United States; 
Federal Avia-
tion Act of 1958, 
amendments. 
Ant ihijac king 
Act of 1974. 
49 u s e 1301 
note. 
"Special air-
craft jurisdiction 
of the United 
S t a t e s . "