84 STAT. ]
PUBLIC LAW 91-441-OCT. 7, 1970
911
The President shall promptly submit a report to the Speaker of the Presidential House of Representatives and the President of the Senate on the im- gres^. *° plementation of each agreement entered into in compliance with this paragraph. The President may not give his consent under clause (A) or (D) of this paragraph with respect to any defense article until the expiration of fifteen days after written notice has been given to the Speaker of the House of Representatives and the President of the Senate regarding the proposed action of the President with respect to such article. As used in this paragraph the term 'defense article' '[^^J^,^^^ shall have the same meaning prescribed for such term in section 644(d) of the Foreign Assistance Act of 1961, In order to allow a reasonable 8/stat!4*62V period of time for the Department of Defense to comply with the 22 USC 2403. requirements of this paragraph, the provisions of such paragraph shall ^^^^^"^^^^ become effective sixty days after the date of enactment of this paragraph." SEC. 503. Of the total amount authorized to be appropriated by this ^/enditurr"'^* Act for the procurement of the F-111 aircraft, $283,000,000 of such condmot^s!' amount may not be obligated or expended for the procurement of such aircraft until and unless the Secretary of Defense has (1) determined that the F-111 aircraft has been subjected to and successfully completed a comprehensive structural integrity test program, (2) approved a program for the procurement of such aircraft, and (3) certified in ^.^n^reTsi^onai a written report to the Committees on Armed Services of the Senate committees. and the House of Representatives that he has made such a determination and approved such a program, and has included in such written report the basis for making such determination and approving such program. SEC. 504. (a) Of the total amount authorized to be appropriated by contft^rncy'ftand, this Act for the procurement of the C-5A aircraft, $200,000,000 of restrictions and such amount may not be obligated or expended until after the expira- controls. tion of 30 days from the date upon which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives a plan for the expenditure of such $200,000,000. In no event may all or any part of such $200,000,000 be obligated or expended except in accordance with such plan. (b) The $200,000,000 referred to in subsection (a) of this section, following the submission of a plan pursuant to such subsection, may be expended only for the reasonable and allocable direct and indirect costs incurred by the prime contractor under a contract entered into with the United States to carry out the C-5A aircraft program. No part of such amount may be used for— (1) direct cost of any other contract or activity of the prime contractor; (2) profit on any materials, supplies, or services which are sold or transferred between any division, subsidiary, or affiliate of the prime contractor under the common control of the prime contractor and such division, subsidiary, or affiliate; (3) bid and proposal costs, independent research and development costs, and the cost of other similar unsponsored technical effort; or (4) depreciation and amortization costs on property, plant, or equipment. Any of the costs referred to in the preceding sentence which would otherwise be allocable to any work funded by such $200,000,000 may not be allocated to other portions of the C-5A aircraft contract or to any other contract with the United States, but payments to C-5A aircraft subcontractors shall not be subject to the restrictions referred to in such sentence.
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