OFFICE OF LEGISLATIVE COUNSEL NOTE RE: CHRONOLOGY OF U S NAVY COMMUNICATIONS STATION, DIEGO GARCIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000500070078-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 19, 2016
• Document Release Date: October 6, 2005
• Sequence Number: 78
• Publication Date: May 14, 1975
• Content Type: LIST

me
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14 May 3975
George:
I thought a summary of laws regarding construction on Diego Garcia
might be helpful to you. in connection with the LIG meeting, and just for
general knowledge.
CHRONOLOGY OF DIEGO GARCIA
Title II, Section 201, of P. L. 93-552, Fiscal '75 Military Construction
Authorization bill, authorized $14,802,000 for construction of a Naval
Communications Facility, Diego Garcia, Chagos Archipelago. Title VI,
Section 613, of the bill restricted the use of these funds by providing that
none of the funds authorized for Diego Garcia military construction may be
obligated unless the President advises the Congress that all military and
foreign policy implications regarding the need for U. S. facilities at Diego
Garcia have been evaluated and certifies that the construction of such
project is essential to the national interest of the United States. As you
know, the President wrote Congress on May 12th, citing his evaluation of
relevant implications and certifying the need for Diego Garcia construction,
consistent with Section 613.
Section 613 further provides that none of the funds authorized may
be obligated if either house of Congress has adopted within sixty
days of continuous session after receipt of the certification a resolution
disapproving the project.
The Section goes on to define a "continuous session; " establishes
the language of an appropriate resolution; states that such resolution will
be referred to the Committee on Armed Services of the Senate; provides
that the resolution can be discharged from the Armed Services Committee
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under stated conditions if they have not reported it within twenty days of
referral; and establishes rules for floor debate designed to eliminate the
prospect of a filibuster.
P. L. 93-636, Fiscal '75 Military Construction Appropriations Act,
appropriated $606,376,000 for "Military Construction, Navy," "as currently
authorized in military construction acts." No specific mention was made
of Diego Garcia.
Don
2
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December 27, 1974
- 7 - Pub. Law 93-55Z.'
88 STAT. 1751
EUROPEAN AREA.
Naval Security Group Activity, Edzell, Scotland, $571,000.
Naval Activities Detachment, Ifoly Loch, Scotland, $1,188,000.
? INDIAN OCEAN AREA
Naval Communications Facility, Diego Garcia, Chagos Archipelago,
$14,802,000.
PACIFIC OCEAN AREA
Naval Communication Station, Finegayan, Guam, Mariana Islands,
$355,000.
Naval Ship Repair Facility, Guam, Mariana Islands, $1,782,000.
Navy Public Works Center, Guam, Mariana Islands, $0072000, ._
Naval Air Station, Cubi Point, Republic of the -
$2,873,000.
Naval Station, Subic Bay, Republic of the Philippines, $3,711,000.
roLtamoNr MIATEMENT
Various Locations, Air Pollution Abatement, $1,059,000.
Various Locations, Water Pollution Abatement, $1,038,000.
SEc. 202. The Secretary of the Navy may establish or develop Navy Emergency
installations and facilities by proceeding with construction inade nee_ conotruotion.
essary by changes in Navy missions and responsibilities which have
been occasioned by (1) unforseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and develop-
ment requirements, or (4) improved production schedules if the Sec-
retary of Defense determines that deferral of such construction for
inclusion in the next Military Construction Authorization Act would
be inconsistent with interests of national security, and in. connection.
therewith to acquire, construct, convert, rehabilitate, or install
permanent or temporary public works, including land acquisition, site
preparation appurtenances, utilities, and equipment, in the total
amount of 60,000,000 : Provided, That the Secretary of the Navy, or Congressional
his designee, shall notify the Committees on Armed Services of the committees,
Senate and House of Representatives, immediately upon reaching a notification.
decision to implement, of the cost of construction of any public work
undertaken under this section, including those real estate actions
pertaining thereto. This authorization will expire upon enactment of Authorization
the fiscal year 1976 Military Construction Authorization Act, except expiration.
for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have
been notified pursuant to this section prior to that date.
SEC. 203. (a) Public Law 90-103, as amended, is amended under the
heading "INsioE THE UNITED STATEs", in section '201 as follows: 82 Stat. 373.
With respect to "Naval Academy, Annapolis, Maryland," strike
out "$2,000,000" and insert in place thereof "$4,391,000".
(b) Public Law 90-408, as amended, is amended by striking out in
clause (2) of section 802 "$211,608,000" and "$248,533,000" and insert- 87 Stat. 669.
in in place thereof "$244,059,000" and "$250,924,000", respectively.
SEC. 204. (a) Public Law 91-511, as amended, is amended under the
heading "INsmE TnE [Immo STATES", in section 201 as follows: 84 Stat. 1210.
With respect to "Naval Air Rework Facility, Jacksonville' Flor-
ida," strike out "$3,809,000" and insert in place thereof "$1,531,000".
(b) Public Law 91-511, as amended, is amended by striking out in
clause (2) of section 602 "$217,201,000" and "$274,312,000" and insert- 87 stat. 669.
ing in place thereof "$247,869,000" and "$275,007,000", respectively.
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68 STAT. 1766
Report to
Congress.
Diego Garcia,
construotion
funds, require?
ments.
"Resolution."
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Pub. Law 93-552 - 22 - December 27, 1974
alIPC shall be returned to the Treasury as miscellaneous receipts. The
Secretary of each military department shall make an annual report to
Congress on the operation of the program. ?
Si7:c.._,..613 (a) None of the funds authorized to be appropriated by
with respect to any construction project at Diego Garcia
may be obligated unless?
(1) the President has (A) advised the Congress in writing
that all_ military and foreign policy implications regarding the
need for United States facilities atbiego Garcia have been eval-
uated by him, and (B) certified to time Congressin writing that
the construction of any such project is essential to the national
interest of the United States;
(2) GO days of continuous session of the Congress have
expired following the date on which certification with respect to
such project is received by the Congress, and
(3) neither House of Congress has adopted, within such GO-day
period, a resolution- disapproving such project.
(b) (1) For purposes of this section, the continuity of a session of
Congress is broken only by ? an adjournment of the Congress sine
die, and the days on which either house is not in session because of an
adjournment of more than three days to a day certain are excluded
in the computation of such 60-day period.
(2) For purposes of this section, "resolution" means a resolution
of either House of Congress, the matter after the resolving clause of
which is as follows: "That the does not approve the pro-
posed construction project on the island of Diego Garcia, the need
for .which was certified to by the President and the certification with
respect to which was received by the on 3}
? /
the first and second blanks being .filled with the name of the resolv-
ing, House and the third blank being filled with the appropriate date.
.(c) Subsections (d), (e), and (f) of this section are enacted by
Congress?
(1) as an exercise of the rule-making power of the Senate and
as such they are deemed a part of the rules of the. Senate, but
applicable only with respect to the procedure to be followed in
.? the Senate in the case of resolutions described by subsection (b)
(2) of this section; and they supersede other rules of the Senate
.? only to the extent that they are inconsistent therewith ; and
(2) with full recognition of the constitutional right of the
Senate to change such rules at any time, in the same manner and
to the same extent as in the case of any other rule of the Senate.
(d) A resolution with respect to a proposed construction project
.of the island of Diego Garcia shall be referred to the Committee on
Armed Services of the Senate.
(e) (1) If the Committee on Armed Services of the Senate to which
a resolution with respect to -a proposed construction project on the
island of Diego Garcia has been referred has not reported Such
resolution at the end of 20 calendar days after its introduction not
counting any day which is excluded unaer subsection (b) (1) of this
section, it is in order to move either to discharge the committee from
further consideration of the resolution or to discharge the committee
from further consideration of any other resolution introduced with
respect to the same proposed construction project which has been
referred to the committee, except that no motion to discharge shall be
in order after the committee has reported a resolution of disapproval
with respect to the Same proposed construction project.
(2) A. motion to discharge under paragraph (1) of-this subsection
may be made only by a Senator favoring the resolution, is privileged,
and debate thereon shall be limited to not more than 1 hour, to be
88
II
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\ December 27, 1974 - 23
Pub. Law 93 -5 5 2
88 STAT. 1767
divided equally between those favoring and those opposing the
resolution, the time to be divided in the Senate equally between, and
controlled by, the majority leader and the minority leader or their
designees. An amendment to the motion is not in order, and it is not
in order to move to reconsider the vote by which the motion is agreed
to or disagreed to.
(f) (1) A motion in the Senate to proceed to the consideration of
a resolution shall be privileged. An amendment to the 'notion shall
not be in order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to. .
(2) Debate in the Senate on a resolution, and all debatable motions
and appeals in connection therewith, shall be. limited to not more
than 10 hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 1 hour,
to be equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution,
debatable motion,. or appeal is not debatable. No amendment to, or
motion to recommit, a resolution is in order in the Senate.
SEC. 614. (a) The Secretary of the Army is authorized to convey, Ozark Publio
without monetary consideration, to the Ozark Public Building Author- 13a11d Mg- Authori?
.
ity, an-agency of the city of Ozark, Alabama, all right, title, and interest
ty, Ozark). Ala.,
of the -United States in and to the land described in subsection (b) for lsnd conveyance.
use as a permanent site for the museum referred to in subsection (e),
and subject to. the conditions described therein. .
(b) The landiauthorized to be conveyed to the Ozark Public Building. riesoription.
Authority as provided in subsection (a) is described as follows: All
that tract or parcel of land lying and being in sections la and 21,
range 23 east, township -5 north, Saint Stephens Meridian, Dale County,
Alabama, more particularly described as follows:
Beginning at a point which is 216.0 feet north. 89 degrees 57
minutes west of the northeast corner of the southwest quarter of
the, northeast quarter of said. section 24, on the western right-of-
way line of .Alabama State Highway Numbered 219, and on
the boundarY of a tract of land owned by the United States of
America at Fort Rucker Military Reservation;
thence north 25 degrees 07 minutes east along the western
right-of-way line of said highway, which is. along the boundary
of said United States tract, 1,395 feet;
thence north. 61 degrees 53 minutes west. 790 feet; thence south
25 degrees 07 minutes west 2,800 feet; thence 'south 61 degrees 53
minutes east 700 feet, more or less, to a point which is on the west-
ern- right-of-way line of said highway and on the boundary of
said United States tract; ?
thence north 25 degrees 07 minutes east along the Western right-
of-way line of said highway, which is along the boundary of said
United States tract, 1,405 feet, more or less, to the point'of begin-
ning, containing 45.00 acres, more or less.
(c) The conveyance provided for by the subsection (a) shall be sub- Conditions.
ject to the condition that the real property so conveyed shall be used as
a permanent site for a museum to display suitable public exhibits of the
United States Army aviation equipment and allied subjects and.,
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!TM
Public Law 93 - 63 6 LMnI
93rd Congress, H. R. 17468
January 3, 1975 1:1 E CiriY
'4;1
2in Act
?laking appropriations for military construction for the Department of Defense
for the fiscal year ending Jane 30, 1975, and for other purpops.
.Be it enacted by the Semite aml House of Representatives of the
1.17.tited ?S"tates of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending June 30, 1975, for military
construction functions administered by the Department of Defense,
and for other purposes, namely:
Military
Construction
Appropriation
Act, 1975.
B8 STAT. 2179
88 STAT. 2180
MILITARY. CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, and facilities
for the Army as currently authorized in military public works or mili-
tary construction Acts, and in sections 2673 and 2675 of title 10, United
States Code, $656,825,000, to remain available until expended.
MILITARY CONSTRUCTION, NANY
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, and facilities
for the Navy as currently authorized in military public works or mili-
tary construction Acts, and in sections 2673 and 2675 of title 10, United
States Code, including personnel in the Naval Facilities Engineering
Command and other personal services necessary for the purposes of
this appropriation, $606,376,000, to remain available -until expended.
MILITARY CONSTRUCTION, AIR Foinn:
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works military installations, and facilities
forthe Air Force as currently authorized in military public works or
military construction Acts, and in sections 2673 and 2675 of title 10,
United States Code, $456,439,000, to remain available until expended.
MILITARY CoNsTitucTioN, DEFENSE AmiNcims
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, and facilities for
activities and agencies of the Department of Defense (other than the
military departinents and the Defense Civil Preparedness Agency),
as currently authorized hi military public works or military construc-
tion Acts, and in sections 2673 and 2675 of title 10, United States
Code, $31,260,000, to remain available until expended; and, in addi-
tion, not to exceed $20,000,000 to be derived by transfer from the
appropriation "Research, development, test, and evaluation, Defense
Agencies" as determinedby the Secretary of Defense: Provided, That
such amounts of this appropriation as may be determined by the
Secretary ofDefense may be transferred to such appropriations of
the Department of Defense available for military construction as he
may designate.
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, CONGRESSIONAL .RECORD May:12; '...075
e
Pre&etnt3-
? 1Pr?17-:.th,,,AggreillAiRgratio.-::0604,11Ar 0.WIRIOr-ii0iDel..14141400Q
from Th
PACKARD Asice Lrerstaloaa?To Are nit- S (I) The economic feasibility of a phaseout.
, Lowrote lemerree ? To (Iate, these points remain unanswered.
"(By William B. Black) : e The existence of a. local Jurisdiction's
Chairman Jean R. Packard of the?Fairfax- pris:n facilities. within the bordera of an-
o r state .anct against that state's will, Is
a., on
on Ma&
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of of
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ay 12,
ides
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of the
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gton
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to. a
County Board of Supervisors today called on- unprecedented and uncontscionablee
Northern, Virginia's legislative delegation for .
A resolution of this
controversy must be
help in stopping the expenditure of $55 achieved.?
million on the Lorton Reformatory: ' - ? .
"I asked theni to use- whatever- influence I requeSt your committee to give this mat-
they could to make sure these funds will be ter careful and immediate attention, with a- J.
view towitrd holding public hearings to rif- ?
spent within the District and not in Fairfax
County," said Mrs. Packard. "I'm sure the ford the citizens of my state every pportu-
nity to express their concerns and proposed
other members of the- beard will go along.
with whatever legal means is. necessary to solutions. .
stop the District of Columbia government With best wishes, tam
from increasing the problems at Lorton by? ' ? Sincerely,-
spending more money." ? ? ? ?
Springfield Supervisor Jack Herrity said he
agreed with Chairman Packard.
"We've got to take legal a'etion. Probably
we should reek that the District- government
be enjoined from spending these funds until
our current lawsuit over' the matter Is set-
tled," said Herrity. ? .- ? ?
Lorton.is a prison facility that holds pris-
oners sentenced from District of 'Columbia
courts. The prison has been a point of con-
troversy for several years since it Is operated
outside the confines of its own Jurisdiction.
Mayor Walter E. Washington -and the Dis-
trict government have earmarked $55 mil-
lion in the coming year's budget to mod-
ernize the facility and improve security.
"But we don't want that," said Mrs. Pack-
ard. "We want the facility moved out of Fair-
fax- County-- as soon as possible and if ' the
district government goes ahead and -spends
another $55 million on it, then we'll just
have a more dithctilt time later on gettinerid
?
EXECUTIVE MESSAGES Rne.t5RRED
As ? in ? executive session,. the Acting. sr
-President pro. teropore (Mr. ADOUREeK/'
laid before the Senate messages from the-
President of the United ? States submit--
ting sundry nominations which were re-:-
!erred to the appropriate committees. fc"'
(The-nominations- received today are,
printed at the end of the Senatepro:4
ceedings.)?' ' ' ? ?
MESSAGES FROM TUE PRESIDENT
Messages from the President _of the
United States were communicated to the
Senate by Mr. Heiting, one-of his secre-
taries: ; ;
Mrs. Packard said Fairfax Connty officials
are sick and tired of getting "nothing but
lip service from District government Officials ?
over the Lorton situation. -?e-
"It's time they realize we Want them to ,-
operate their jail system within their own`,
borders," said Mrs. Packard. "The people of
Fairfax County are just fed,up with Lorton."
:, ? ?
..IVIAT 12 1978 ,
Hon. THOMAS P. EAGLE-L(5N,
Chairman, District of Columbia Committee,.;
U.S: Senate. .- . ? '
Me DEAR M. Cnetameer:. For two years..
now, officials of Fairfax- County, ,Virginia, --
have attempted to negotiate With the District
of Columbia Government, a reasonable solu-
tion to the problem of the location of the
District of. Columbia' correctional facility,'
within. Fairfax County at Lorton... te-----------
-
The apparent futility of these negotiations
was underscored lest week, when District of
Columbia Mayor Washington,. without prior --
consultation with .Fairfax. County, proposed ,
to expend $55 million in tax .funds, -to up-
grade and expand the District of Columbia's,
Lorton prison. . .
' U.S. FACILITIES AT DIEGO GARCIA --::
MESSAGE FROM THE, . PRESIDENT:
,
. : The ACTING 'PRESIDENT pro terri--
'pore - (Mr.- ABOUREZK), laid ,before thcv
Senate the following message from the--;
President of the United States regarding'
the need for U.S. facilities at Diegd..?'
Garcia,-which Was referred te.the Con-i
mittee on Armed Services:
,. _ :.,. . ,,.. ? .:. , , -,,.::',;?,:^.,- .,....::'
To the Congress of the United States .:-
In accordance with section 613(a) (1)
: (AY- of the Military Construction Auther4=
lzation Act, 1975 (Public Law 93-552)';';1'
. have evaluated au the military and for t4
;4
eign policy implications regarding
need for United States facilities at Elieg A
o
Garcia- On the basis of this evaluatior&
and in. accordance with 'section. 613(a)
(1)(B), -/ 'hereby certify that ...
the con
? struction of such facilities is essential'tt
' the national ? Interest , of -;.the United:2'
States. .. : ? '-i ?,') ': :'.4' '
,
' - ? , ' - GERALD R. FORb,
;
THE WHITE 'HOUSE, May 12,,1975,-
.
, ... -
- -----,
. MESSAGE FROM THE HOUSE
,
-,
- At 11:02 am.,. a message from .
House of Representatives delivered '''bk..;C
Mr. Hackney, one Of its reading clerks,';,
announced that the House had passed the.
bill (H.R. 6209) to prohibit the Federal.'
Home Loan Bank Board from permitting.
Federal savings and loan associations to
offer loans secured by one to four homes,
or dwellings with variable interest rateh;,
,
I am informed that most of the $55 million ?
Will come from previously authorized, butjL
unspent federal tax funds. .
This $55 million proposal for a massive
renovation and expansion of, the Lorton
prison facility, 13 strenuously, opposed by
Fairfax, County. ... -
Additionally, Fairfax County, in January,
asked the District of. Columbia to examine:
(1) Whether or not land is available in
the District of Columbia for either a com-
plex similar to Lorton, or for several com-
munity-based facilities. '
(2) Type of community-based facilities
needed to replace Lorton.
May 12; 1975 ?
00 it requests, the concurrence_ o
heSefl'tle.
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COMMUNICATIONS= FROM: ),TXECIT
rrivB ? DEPARTMENTS...fETC. -
The ACTING PRESIDENT pro- tem
pore (Mr. Atiouaszx) laid :111-afore th
Senate the following letters; which war
referred -RS indiCilted:'.'e
PROPOSE:a .APPROPRIATION".LA.NOVAi;E: .CEILWNG
'J'Cr INCREASE: LIMITATION ON ,Tp-AVE.G., 1-0
STAFF' OE' extr. Vice Prtesotexe-e(S.,.. Dot
til-51) - ?,
A communication- Irony the Peesldente c
the United States transmitting . prenose
approprieticm language change for -the Sad
year /975 increasing by $10,005 titc,
on travel for staff of -the Vice President (wit
accompanying papers) ;'to the Committee o
Appropriations,eand .ordered te he ..-preertee
PROPOSED. SITYPIEMSNTAI....:KPPROPAlATION .FO
THE GENERAL SF.RVICES.
communication frein'the 'Peeeldent
the United States tranSinitting?
supplemental apProprietien in the anions
ce $65 million far -the fiscal year 1975 for to
General Services Administration, -(with-
compenying paPens)','. 'to- the: Committee o
Appropriationee and 'ordered :.to ?-ler ?prentee
REPORT 010 Tim 'SECIIirEARY---0E."!ACRICI:15-0-11
AND '1-HE SECRETARY ,OP ITO7SING ANO
DEVELOPMENT t
?
A letter from- ther?Boefeitafy "of "argricieltni
and the Secretary of Housing and Urban Dr
velopment trarisrnittingee purs.narat.". -to lay
the annual.report on finaneial and technic:
assistance provided ,lefr? their: department&
fiscal year 1974.? for -rionthetropolttait plar
nIng ? districts (with." an, aocornpsnyinp,
port); to the Committee ore _Agriculture an
Forestry. '
REPORT OP TEI.i COMPTROIJ:IIR :PENERM'.
- A letter from the Ocenliteollee: Clencrel.
the United States Stating that. a final. repot
.the program .adminieteeed hy the Yoe
rind Nutrition Service of- the, Depertmere
Agriculture will be subrretted"..to -C.ongre,
on or about. Novemberele 1975; to the Con
rnittect on Agriculture,- and Fercertry:...,e.. .?
Ayeaottra. OV LOAN BY THE RATRA.I.
'SION .An.:".11NISTRATION.-7??:'
A letter from the- Acting ?Achrtirdstrator
the Rural Elea-Wince Lion Adminl$Lration
porting, pursuant-to law, on the approvee
a commitment to guarantee a, non-REA los
In the amount of $10 m1111on, t0'..Asaociab
Mee-trio Cooperative. Ince of Springilei
eteetouri; to the Coritinit-tee:::eir Appropre
:tons.
f301. SURVEY BY TEM D:eAaiM rCiFTM:
:lfrrrxitroa -`f ; 7 ? '
A letter from the Deputy Assistant Seer
tary of the Interior trartranecting; pursue
o 1.3.1V. a copy or a rnarnonmthein from tl
Human of Reclamation showing the basis
ct.ttifkatiOn Of a coil -survey and ho
I iloatio n of the lances in the le ame tin!
Arrites Division, San Juan-Chaves Ptc
eel (with accompeny papers); to the Cox
eve. tee on Appropristions.
lire-car or TUX EXPOsLy-TAIEVET BANK,
A 7.rtr.tir from the. Prt,aldent and Cludrini
EAport-lmplrt 13ank of the. Unit
StArt.nnItting. pursitant to law, it i
t'Ni 'us:oan. guarantee, and instiranco trar
supported by rxIrribank during Mar
t'..1111 Art AoCoinpany-1:14; report); to t
ee.reetreet on 13anktrig.. Housing and 1311)
ILvE,Awy Or-Ytint prrkorrselert- or STATE:
:?,t-Aer TrrA'n tno hards-tant Secretary
trisr..ThititAntE". pursuant to law,,s rep:
.1e...ere* skwalitAJKi> relfatesd fuirais Obligat
00070078-8