PREPARATION OF MATERIAL FOR SENATE FLOOR ARGUMENTS AGAINST NEW SECTION 515 OF FOREIGN ASSISTANCE ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600080003-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 40
• Document Creation Date: December 12, 2016
• Document Release Date: October 17, 2001
• Sequence Number: 3
• Content Type: MF

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-LuitLa
MEMORANDUM FOR ADDRESSEES
SUBJECT: Preparation of Material for Senate Floor Arguments
Against New Section 515 of Foreign Assistance Act
It is recommended that we concentrate and cover the five topics
listed below. Material relating to these topics which you might wish to draw
upon is attached.
1. Importance of Laos to U. S. Interests
Tab A (General talking paper against new section 515)
Tab B (USG position on foreign forces in Laos dated
9 August 1971 and Godley and Alexis Johnson state-
ments)
2. Importance of Thai Irregulars Specifically
Tab C ( Talking paper)
3. Refutation of Moose/Lowenstein report concernin? Thai Irregulars
Tab D (Excerpts of report contained in SFRC report on legislation)
Tab E (Some background and refutations)
4. Committee Jurisdictional Argument Based on Defeat of
Proposal to Transfer Military Assistance to Laos from
MASF to MAP
Tab F (Proposed statement)
5. Tying Hands of President, Constitutional Arguments and Security
Risks Inherent in Requiring That Details Of Proposed Military
Operations Be Submitted to the Congress for Approval
See Tab A
Ink:7
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S. 3390
Section 4: New Section 515 of the
Foreign Assistance Act of 1961, as amended
"Limitations on Availability of Funds for Military Operations"
(page 7, line 17)
New Section 515
New Section 515 would prohibit the use of funds "under any
provision of law" for the purpose of financing any military operations by
foreign forces in Laos, North Vietnam, or Thailand unless Congress has
specifically authorized or specifically authorizes the use of funds for
such purpose and designates the area where military operations
financed by such funds may be undertaken.
Executive Branch Position
The Executive Branch strongly opposes the inclusion of section 515
in a foreign assistance act. This section is inconsistent with section 501(a)(1)
of S.3108 and 1-I. R. 12604, the military procurement authorization bills, which
are pending in the Armed Services Committees, and the understandings covering
that section. Section 515, as worded, would affect on-going arrangements for
U.S. assistance to Laos which also involve regional cooperation and sell-help
and would have grave impact on our goals in Laos. These goals are and have
been to aid in the orderly withdrawal of U.S. forces from South Vietnam and
to preserve the precarious but important balance which exists in Laos.
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Further, the provision of subsection (b) of section 515 would impose
impractical and undesirable requirements on executive actions without due
regard for the President's responsibility in this field.
Aside from raising constitutional questions that may impair the
President's authority to conduct negotiations with the affected countries,
section 515 might severely restrict the ability of the recipients to react
quickly in emergency situations. For example, it could prevent the victim of
aggression from engaging in hot pursuit of an enemy after his territory is
invaded.
Yet according to section 502 of the Foreign Assistance Act of 1961, as
amended, a recipient nation may use .military training and equipment provided
by us for its legitimate self-defense. In short, section 515 would require
that the affected recipients of foreign security assistance allow the United
States Congress to determine in advance what steps they can take in defending
themselves from aggression.
There is no question that the evolving cooperative relationships among
the free nations of Southeast Asia are consistent with the Charter of the
United Nations. There is also no question that these cooperative arrange-
ments are crucial to the success of the Vietnamization program and to the
whole thrust of the Nixon Doctrine. For the Nixon Doctrine in Southeast
Asia means that as friendly nations assume more of the direct burden of
the conflict the United States will increase its material assistance so as to
help thern help each other in defending themselves against a common enemy.
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U.S. support for these cooperative efforts is essential if they are to be
successful.
Finally, subsection (b) of section 515 might create serious security
problems by requiring the Executive Branch to disclose to the Congress in
advance detailed plans for proposed military operations to be undertaken by
friendly foreign governments.
Recommendations
A. Strike new section 515 en toto;
B. Failing that, strike the word "Laos" which appears on line 22 of
page 7 of S. 3390, or
C. If section 4(3) of S.3390 (transferring from MSAF to MAP military
assistance for Laos and South Vietnam) is struck en toto, then substitute
"under the provisions of this Act" for the phrase "under any provision of
law" on line 19 of page 7 of S.3390.
Previous Congressional Action
A. A provision identical to new section 515 was included in the Senate
version of the Foreign Assistance Act of 1971 (S.2819). During floor discussion,
Senator Stennis obtained the removal of South Vietnam, Cambodia and Burma
from the provision and argued for the removal of Laos. Senator Stennis made
it clear that the only reason he was not fighting harder for the removal of Laos
in the Senate was to avoid a secret session, implying that Laos should and
would be removed in conference.
3
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B. The conference committee deleted the entire section from the
Foreign Assistance Act of 1971.
4
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TAB!
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[ 17 "Six. 5 1 5. 1,1,11 ITATIONS ON A r.1114.1 fit LITY 11117N1p;
.18 Fon J///,,min).7 OPEMITIONS.?( ). No funds authorized or
19 appropriated under any provision of law shall be made
available by any 111e0.118 by any officer, employee, or agency
21 of the United States Government for the purpose of financing
22 any military operations by foreign forces in Laos, North
9.) ,.
--"? ieinam, or Thailand outside the borders of the country of the
,qovernment at' person receivi7ig such funds unless Conyress
25 h//8 VeciliCalta atiihOri;c(1 op ,.,7)eci(icolill authorizo tho maks-
_
iny of funds available for such purpose and designates, the
2 area where military operations financed by such funds may
3 be undertaken outside such borders.
4 "(b) Upon requesting Congress to make any such au-
thorization, the President shall provide to Congress a copy of
6 any agreement proposed to be entered into with any such yov-
7 ernment or person and Mc complete details of the proposed
8 military operation. ,Upon such authorization by Congress, the
9 President shall provide a copy of any such agreement and
1.0 thereafter of all plans and details of such operation."
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ppro
Tile result was alumni
-nays 52, as follows
:2) , ?, , . ? . ? - .
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1006---yeas 23, amendment affecting page 34 of the hill, Mr. fi'1-11.:NN.,:S. Mr.:1.'..reiteriaL, asn aivf
which is at the desk. understood, now, the Senator proposes
The Pl-tEii'd?DING OFFICEP.. The that hi section . 513 on page 34 of the
amendment will be stated, bill, the words "South Vietnam, Cam-
The legislative clerk proceeded to read bodia, and Burma" be stricken out of
the amendment. lines 13 and 14, as they appear.
Mr. CASE. Mr. President, I ask unani- Mr. CASE. That is right.
mous consent that further reading of the 'Mr. STENNIS. Thal; would leave, o
amendment be dispensed with, and that course, then, the words "Laos, Is:IA:tit
the amendment be printed in the PtEcono. Vietnam, and Thailand," as they appear
The PRESIDINCr OFFICER. Without now in tile bili.
' objection, it is so ordered. And, without - Mr. President, the Senator from New
objection, even though the amendment Jersey has correctly stated - the undei?--
of the Senator from Idaho is the peal- standing that we have ? had about this
.
lug business, the Senate will proceed to legislation, and we have agreed, for the
consider the amendment of the Senator purpose of this legislative step, that this
jpm New Jersey. modification of section 513 will put the
Mr. CASE'S amendment 18 as follows: section where ii may stay in the bill in
On page 34, lines 13 and 14, strike Out that form, and we can move ferwarci with
"South Vietnam, North Vietnam, Thailand, the bill without any further ail1eilallel7C6
? Cambodia, or Burma" and insert in lieu being filed or brought up by 1,he Senator
thereof "North Vietnam, or Thailand". from Mississippi.
Mr. CASE. I thank the Senator from I do make the point, as the Senator
has implied, that tins is done withomi.
Idaho for his consideration, and, pursu-
ant to my assurance, I shall cio:ay him Prejudice to a full consideration of the
only slightly, I am sure there will be no .matter in conference, ba!sed on the facts
.difficulty about this amendment, as they may exist at that time,
Mr. President, on page 34 of the bill, Is that the Senator's understanding?
the committee added a provision to the Mr. CASE. The Senator has stated
correctly what his position is, and the
effect that no funds authorized or appro-
priated under any provision of law should basis on which ins agreement not to op-
be made available by means of any offi- pose this amendment or to oiler another
amendment to this section is based.
cer, employee, or :agency of ? the United
States to finance military operations by Mr. STENNIS. I thank the Senator,?
? 1 ?
Allen
A I lot t , ?
iiaker
:Bennett
Bible
BuciCiey
Byrd, Va,
Byrd, W. Va.
Cannon
Aiken
Anderson
Hayti
?
Beall
Bellmon
Iicntaen
Boggs
Brooke
Burdick -
Case
Chiles
Church
Cooper
Cranston
Fulbright
Origin
Harris
Hart
Cotton
Curtis
Eagleton
Ellender
Gambrell
Goldwater
Gravel
[No. 22 Leg.]
YEA ?28 ?
Cook
Dole
Demln c
Bastian
Ervin
Fannin
Fong
Gurney
Hansen
Hollings
NAY 62
Hatfield
Humphre
Javits
Kennedy
Long
IVEagnuso
Mansfield
'Mathias
McIntyre
Metcalf
Mondale
Montoya
Most
Nelson
Packwood
Pastore
Pearson
Pell
Jordan, N.C.
Jordan, Idaho
McClellan
Smith
Stennis
Stevens
Talmadge
You D g
Percy
rroxinire
Randolph
ILibtCoil
Roth
Saxbe
Schweiker
?Scott
Sparkman
SPong
Stafford
Stevenson
Syinington
Taft
Welcker
Wiilianx
NOT VOTIN 20
Hartko
I-Iruska
Hughes
Inouye
Jackson
McGee
McGovern
. Miller
Mundt
Muskie
? Thurmond.
. Tower
Tunney
SO Mr. DOMINICK'S a endment was re"-,
ice ted.
Mr. FULDRIGHT.
r. President, I
move to reconsider the vote by which the
amendment was rejec ed.
Mr. PASTORE. I move to lay that mo-
tion on the table.
Tho motion to lay on the table Was
agreed to.
Mr. CHURCH. Mr.
to the desk an amend
its immediate considerE
The PRSIDING
amendment will be st,
foreign forces in six countries?Laos, andI wish t o make tins fin t1ei explana-
South Vietnam, North Vietnam, Thai- ton: I think leaving the word "Laos"
land, Cambodia, or Burma? unless Con- in here
gress specifically authorizes the use of Mr. CASE. That is another section.
such funds for that purpose, and desig- - Mr. STENNIS. I beg the Senator's
nates the area where they will be used. . pardon" ?
I have received from. the chairman of Mr. CASE. I thought the Senator was.
the Armed Services Committee an ex- talking about another section,
pression of concern about the breadth Mr. STENNIS, No, I am 017411;1' about'
of this amendment, and after discus-
the same section. I think that leaving the.
?
resident, I send .sions with him, we have arrived at the ? word "Laos" in the bill as now written is
nent, and ask for '. understanding that?, ?
tion. ? Mr. STENNIS. Mr. President, will the
oFFIcErt. The
ted.
The legislative clerk6read as follows:
On page 32, line 11, 4rilce out "$565,000,-
000" and insert in lieu. t4ereof "$452,000,000",
Mr: BYRD of 'West -Virginia. Mr..
President, may we haye order? .
The PRESIDING 0
ate will be in order.
Mr. CASE. Mr. Pre
ator yield?
Mr. CHURCH. Mr. resident, in order
? to accommodate threeSene,tors, the Sen-
ator from New Jers(Mr.ey kr. )the
Senator from Arkans4 (Mr. FULIMICHT) ,
and the ,Senator fror Mississippi (Mr.
STENNIS) , I have agr ,ed to yield briefly,
with the consent of the Senate, provided
I do not lose my righ to the floor.
FDistuthance in th ,galleries.] ? ardenchnent to eliminate from the effect
The PRESIDING FFICER. The Gal- of the bill three of the six countries,
leries will be in oi'cic. The Sergeant at leaving in Laos, North Vietnam, and
Arms will see that oi3ier in the galleries Thailand. That is the whole amendment.
FICER, The Sen
dent, will the Sen-
Chair maintain order? I think this is an
important matter, and the Senator ought
to be heard, in view of a possible agree-
ment 'on the floor.
The PRESIDING OFFICER. The Sen-
ate will be in order. The Senator will
suspend his remarks until order has
been restored.
The Senator may proceed. ?
Mr. CASE. Mr. President, the chair-
Man of the Armed Services Committee,
the distinguished Senator from Miss's-,
sippi (Mr. STENNIS) and I have
-cussed this matter. His concern about
the number of countries affected by the
amendment as reported by our commit
tee. was one that I recognized with re-
spect. Pursuant to an understanding that
we have arrived at, I now offer this
- is restored. The Senator from Mississippi has been
The Chair recogni s the Senator from gracious enough to say that while 'he
New Jersey. wants to consider this matter further at,
Mr. FULERIGHT. *. President, may a later stage in the 'legislation; for the
we have order? purposes of the consideration of the bill .
The PRESIDING FFIGEm The Sen. in the Senate at this time, -such an
ate \vill be inorder.' amendment is satisfactory. .
The Senator frontNew. Jersey may Mr. STENNIS. Mr. President, will the
prpcoid. , ' )14,1
CASE. Mr. 144. alatC011UPEATc".teVAI311'.11kh14
?igIA:7Rppiy,B00415
perhaps a contradiction of a provision
on the same subject in the military pro-
curement bill we passed 21/2 weeks ago.
1 However, I thmk that to get all the real
facts on this matter before the Senate
now would require a closed session. There
is hardly time for that now, and I do not
think there is any mood for it, either. So,
as an original proposition, and without
prejudice, We agreed to let this matter go
as has already been outlined, and then
in conference there will be a chance to
re'ally consider and discuss any facts
that might be relevant; and I would
rest on the decision that is made by the
\conferees.
Under those circumstances, I hope
. that the modification will be acceptable
to the Senate. I have talked with some
Senators about supporting my position ill
this matter, and I now withdraw the re-
quest because I believe this meets the
situation.
Mr. CASE. Mr. President, I yield to
the chairman, if he wishes to make com-
ment. ?
Mr. -FULDRIGHT. I am in full agree-
ment with that.
The PRESIDING OFFICER. Who
yields time? .
Mr. STENNIS. Mr. President, will the
Senator yield me I minute?
Mr. FULERIGHT. I yield.
Mr. STENNIS. I want the recoal to
'WO oief this an important
i net free toCmOW fit;
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up, as is the Senator from New Jersey,
of colm,,e, or anyone else--the chairman
of the COn11111.ace or anyone else--and get -
the facts together and get it before the
("macre-nee,
Mr. CASE. The situation is that the
matter will be in conference, because the
House bill does not contain any provi-
sion on this. subject.
Mr. FULBRIGHT. I yield back the re-
mainder of my time.
The PRESIDING OFFICER. All time
on the amendment has been yielded back.
The question is on agreeing to the
amendment of the Senator from New
Jersey.
The amendment was agreed to.
Mr. CHURCH ad ressed the Chair.
The PRESIDING FFICER. The Sen-
ator from Idaho, b unanimous consent,
yielded to three Sk atom in order, the
first of those Senat rs being the Senator
Born New Jersey.
41 Mr. FULBRIGH' ? Mr: President, un-
der the agreement I send an amend-
ment to the desk.
The PRESIDIN OFFICER. The
amendment will be . fated _?
,t-The legislative el rk read as follows:
On page 34, line 4 strike. out the words-
", Laos, or South Vietnam."
The PRESIDING: OFFICER. Without
objection, the am dment will be in
order..
Who yields time?
Mr. FULBRIGH
minutes.
Mr. President, till
circumstance as ti
agreement with the
sissippi. We have di
This involves the ret iris to the Commit-
tee on Foreign Relations of jurisdiction
over military assistamce to Laos, South
I yield myself 2
is exactly the same
previous one, by
Senator from Mis-
cussed this matter.
Vietnam and Thailai
We haVe agreed
Vietnam and Laos
d.
o strike out South
ut to retain Thai-
land. The Senator from Mississippi does
not disagree, I may s.itY, with the return
ultimately of the juq.sdiction over Laos
and South Vietnam, 4hut he thinks it is
premature to put it in this bill at this
time. Therefore, by rz:lutual agreement, I
have agreed to this ? nodification.
Mr. STENNIS. Mr. President, will the
Senator yield?
Mr. FULERIGHT. j yield to the Sena-
tor from Mississippi.
Mr. STENNIS. Mr. resident, the Sen-
ator from Arkansas '41ELS correctly stated
the matter. Thailancl is left in the bill;
and military assistanpe hereafter, if this
becomes law, will be handled by the Com-
mittee on Foreign Reiations. I am willing
that, in the future, jttrisdietion with re-
spect to Southeast Asia be returned to
the Committee on iFlpreign Relations. I
think that while we are there and our
men are there and the activities are go-
ing on, we ought to I eep it where it is,
because they have to be considered to-
gether. I appreciat ? the Senator's
position.
With that, I am sati lied with the sec-
tion as modified.
The PRESIDING FFICER. Who
yields time?
Mr. FULBRIGHT, I yiei back the re- ?
mainder of my time.
The PRESIDING OTAPCURYVnfCif
1.64.04.4?)FIDP741300.415R000600080003-1 S
intention of tile colimittee to usurp gay
jurisdiction of the Armed Services Com-
rnittee. amenctment clarifies the in-
tention of the comMittee.
I yield back the remainder of my time:
Mr. STENNIS. hi yield back the re-
mainder of my time.
The PRESIDING OFFICER-. All time
on the amendraentihas been yielded back.
The question is on agreeing to the
amendment of the Senator from Mis-
sissippi.
..The amendmentl was agreed to.
The PRESrDi4+ OFFICE:I?, In ac-
cordance with thi previous order, the
Chair recognizes the Senator from Utah
(Mr. Moss).
ESTABLISHMENT OF ARCHES NA-
TIONAL 1h?-'113,K, UTAH
Mr. MOSS. Mr. !President, I ask the
Chair to lay before the Senate a message
from the House, of Representatives on
S. 30.
The PRESIDING OFFICER (Mr.
ALLEN) laid before ethe ? Senate the
amendment of the House of Representa-
tives to the bill (S; 30) to establish the,
Arches National Park in the State of
Utah, which was to strike out all after
the enacting clause i and insert:
That (a) subject tO valid existing rights,
the lands, waters, andinterests therein with-
in, the boundary generally depicted on the
map entitled "Boundary Map, Proposed
Arches National Park, Utah," numbered
RPSSC-133-20, 001E arid. dated September
1969, are hereby established as the Arches
National Park, hereinafter referred to as the
"park"). Such map shall be on file and
available for public inspection in the offices
of the National Park Service, Department of
the Interior.
? (le) The Arches National Monument is
hereby abolished, and any funds available for
purposes of the monument shall be avail-
able for purposes of the park. Federal lands,
waters, and interests therein excluded from
the monument by thIS Act shall be admin-
istered by the Secretary of the interior (here-
inafter referred to aS the "Secretary") in
accordance with the .laws applicable to the
public lands- of the United States.
SEC. 2. The Secretary is authorized to ac-
quire by donation, purchase with donated or
appropriated funds, transfer from any Fed-
eral agency, exchange--or otherwise, the lands
and interests in lands described in the first
section of this Act, -except that lands or in-
terests.therein owned by the State of Utah,
or any political subdivision thereof, may be
acquired only with the approval of such '
State or political subdivision.
SEC. 3. Where any 7iPederal lands included
within the park are legally occupied or Util-
ized on the date of approval of this Act for
grazing purposes, pursuant to a lease, per-
mit, or license for c(fixed term of years is-
sued or authorized by any department, es-
tablishment, or agency of the United States,
the Secretary of the Interior shall permit
the persons holding 'such grazing privileges
or their heirs to continuo in the exercise
thereof during the term of the lease, permit,
or license, and one period of renewal there-
after.
SEC. 4. Nothing in this Act shall be con-
strued as affecting in any way any rights of
owners and -operators Of cattle and sheep.
herds, existing on the date immediately prior
to the enactment of this Act, to trail their
acting for the min rity leader? Does, the
minority leader yieid back the remainder
of his time on this 'e.menciment?
Mr. GRIFFIN. I ;veld back the remain-
der of the time. ?
The PRESIDING OFFS C ER,. All
time on the amendr4nt has been yielded
back. The question Is on agreeing to the
amendment of time Senator from
Arkansas.
The amendment was agreed to.
Mr. FULBR,IGII'll. Mr. President, I
have a technical ai4entlment that does
not affect the bill all all, except to clear
up a typographical eitiror.
The PRESIDINO OFFICER. The
amendment will be stated.
-- The legislative elei,:k read as follows:
On page 20, line 18,1af ter "1069,", insert
the following: "g350,000,000 for the fiscal
year 1970, and".
The PRESIDING .FFICER. Without
, objection, the amendment is in order.
Who yields time? -
.Mr. FULBR1GHT. !I yield myself I
minute.
Mr. President, this has no effect upon
the bill at all. It is i mistake, a typo-
graphical error, on the part of the staff
in preparing the bill. They did not make
many errors, but told is a hard bill to
keep straight. This atnendment has no
effect on anything subStantive in the bill.
I yield back the remainder of my time.
Mr. GRHYPIN. I yield back the time,
The PRESIDING OFFICER. All time
on the amendment haa been yielded back.
The question is on agreeing to the
amendmenc ef the Senator from Arkan-
sas..
The amendment waS agreed to.
A5.UINDSIIcNTINO. 54$
Mr. STENNIS. Mr. lresident, I send, to
the desk an amendment on which we
have agreed. I do not ithink it will take_
more than a minute or minute and a
half.
Mr. CHURCH. Mr. 'President, I have
no objection, on the basis of the same
qualification.
The PRESIDING OIVICER. The clerk
will state the amendnient.
The legislative clerk read as follows:
On page 57, line 7, after the word "respon-
sibilities" insert the follqwing words: "with-
in the jurisdiction of these committees", and
on line 11, after the worc?, "Information" in-
sert the following words: 4 "vilthin the juris-
diction oh these conunittees".
The PRESIDING OFFICER. Without
objection, the amendment is in order.
Who yields time?
Mr. STENNIS. I yield myself 1 min-
ute.
4
? Mr. President, this is another amend-
ment on which we worked out an agree-
ment with the Senator ftoro Arkansas. It
relates to reports being made by the De-
partment of State to the Committee on
Foreign Relations, and We are in favor
of that. The language was so broad, how-
ever, that we thought it would include
some items over which the Committee on -
Armed Services has primary jurisdiction.
These words merely correct and clarify
that point, and I hope t le amendment
will be adopted,
herds on traditional COUrSeS used by them
Mr. VULBRIGHT. Mm President I Drifikaa-Lc9:402c,pAe..lent, and to wa-
Releaie ZOO 411 1/01 6110CIAIRDP4BOGA. ismu, ihMarting the met that
exactiy wriat we agreed. There was 110 the lands involving such trails and watering
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AMENDMENT
Intended to be proposed by Mr. to S. 3390, a bill to
amend the Foreign Assistance Act of 1961, and for other
purposes, viz:
1 On page 7, line 15, strike out all of SEC. 4 (5).
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AMENDMENT
Intended to be proposed by Mr. to S. 3390, a bill to
amend the Foreign Assistance Act of 1961, and for other
'purposes, viz:
1. On page 7, line 22, strike "Laos".
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AMENDMENT
Intended to be proposed by Mr. to S. 3390, a bill to
amend the Foreign Assistance Act of 1961, and for other
purposes, viz:
1. On page 7, lines 18 and 19, strike out "or appropriated under
any provision of law' and substitute "under the provisions of
this Act."
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8 February 1972
1. Senate Armed Services Committee Hearing, 22 July 1971.
Ambassador Godley stated " Also there are two enemy divisions
at least tied down in the north, many truck ) anti-aircraft guns, and if
there was no war in northern Laos those enemy assets could be used either
in South Vietnam or Cambodia."
2. Senate Armed Services Committee Hearing 22 July 1971.
Under Secretary of State Alexis Johnson stated " ... Similarly
? the small number of Thai nationals who have volunteered to serve as
irregular forces under the command of the Lao government receive our
Isupport as do other forces in Laos. The absence of such support would
undoubtedly lead to a military and political collapse in Laos. Such
a collapse would not only release North Vietnamese divisions now fighting
in North Laos) but would also release the larger part of the North Vietnam-
ese security forces guarding the western approaches to the Ho Chi Minh
Trail. Thus, the effects on the pro Tam of Vietnamization could be very
lignificant..."
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SECRET
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venC23
r Its
AUGUST 9) 1971
NO. 171
STATEMENT OF UNITED STATES GOVERNMENT POSITION ON FOREIGN
FORCES IN LAOS
The US Government continues to support the 1962 Geneva Agreements
on Laos and believes that their full implementation would lead to not
only the solution of the Lao problem but also to a general reduction in
the level of violence on the entire peninsula. Since it is generally
held that these Agreements are now being violated, the President of the
United States in 1970 wrote to the Heads of Government of all the signa-
tories urging them to support the efforts of the Lao Prime Minister,
Prince Souvanna Phouma, to promote consultations among the signatories
as is provided for in Article IV of the Declaration on the Neutrality of
Laos in cases of violation of the Agreements. The response was disappoint-
ing: some governments did not even respond to this appeal. Subsequently
in his October 7, 1970,peace proposal, the President urged an Indo-China
conference which would address the problems of the conflict in Laos and
Cambodia as well as in Viet-Nam. To date North Viet-Nam has refused
to join us in this effort to bring peace to that troubled peninsula.
The root cause of the current problems in Indo-China is the presence
beyond the borders of North Viet-Nam of some 250,000 North Vietnamese
troops. In the case of Laos, while the United States withdrew its entire
military advisory group of 666 men following the signing of the Geneva
Agreements in 1962, the North Vietnamese withdrew only 40 personnel
through the ICC check points. Although some of the 10,000 North Vietnamese
military then in Laos were apparently withdrawn, many stayed. Over the
years the number has grown, and some 80,000 North Vietnamese forces are
not only directed against the neutral government of Laos, but also use
the territory of Laos, the Ho Chi Minh Trail, to intervene in the internal
affairs of a neighboring state, the Republic of Viet-Nam. Such use of Lao
territory is in itself also a violation of the 1962 Geneva Agreements.
It was in response to this continuing threat that the Republic of Viet-Nam
mounted an operation in Laos and northern South Viet-Nam in March and
April of 1971 to disrupt the North Vietnamese use of the Trail. The Royal
Lao Government, while expressing regret for the South Vietnamese action,
noted that "... primary responsibility for this development rests on the
Democratic Republic of Viet-Nam which has violated internacional law and
the 1962 Geneva Agreements. The Democratic Republic of Viet-Nam has
violated and is continuing to violate the neutrality and territorial
integrity of the Kingdom of Laos."
rr More recently there has been controversy over reports of what have
been called "Thai troops" in Laos. Both the Lao and Thai Governments
have denied that there are Thai Government troops in Laos. The Thai
h?r I
Government
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Government has stated that there are volunteers of Thai nationality in
irregular forces in Laos. These volunteers, many of them from areas
bordering on Laos and ethnically indistinguishable from the Lao, have
enrolled in the Lao military services in response to appeals from the
Royal Lao Go-4ernment. These volunteers and the military organizations to
which they belong are part of the RLG armed forces and are under the
command of the Royal Lao Government, through the Lao Military Region
commanders.
On June 7 the Department of State spokesman acknowledged that the
U. S. Government provided support to these volunteers and to others forces,
regular and irregular, in Laos.
The Royal Thai Government has acknowledged that it has provided
training for Lao forces, regular and irregular, on Thai soil, acting in
response to a request from the Royal Lao Government. The Thai Government's
willingness to provide this kind of assistance stems from the extreme
importance of Laos to Thai security.
The Royal Lao Government is sensitive to implications with respect to
the Geneva Agreements created by the presence of volunteers of Thai
nationality rim Laos. However, in the face of the massive North Vietnamese
invasion, the RLG felt constrained to seek reinforcements for the severely
depleted Lao forces. it considers that it is fully justified in seeking
such assistance. The DRV 's violations constitute a material breach of
the Agreements which out indeed impel?the RLG to take necessary
measures to defend itself. Likewise the USG, itself a signatory of these
Agreements, is entitled to withhold complete compliance in light of this
failure by the DRV to honor its obligations, and it is justified in
responding to requests for assistance from the RLG. The Lao Prime Minister,
Prince Souvanna Phouma, has made it clear on many occasions that he is
prepared to return to full implementation of the Geneva Agreements when-
ever the DRV is prepared to do likewise, beginning by the withdrawal of
all its 'military forces from Laos. The USG fully supports this position
of the Lao Prime Minister,
*
*
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MEMORANDUM
SUBJECT: Effects of Section 515 of the Foreign Assistance Legislation
as Proposed by the Senate Foreign Relations Committee
1. As presently constituted, Section 515 will require specific
congressional authorization before funds from any U.S. Government agency
could be used to finance any military operations by foreign forces in Laos,
North Vietnam or Thailand outside the bounds of the country of the govern-
ment or person receiving such funds.
2. Should specific authorization not be obtained--or even should
issuance of such authorization be delayed in any budget-cycle year--this would
mean that Thai irregulars could not be used in Laos. This would have an
immediate impact on Laos, as an independent state, to serve as a buffer
between Thailand and the North Vietnamese. Since 1970 Laos has
on the assistance given to Lao and tribal forces by
had to rely/ Thai irregulars to prevent the North Vietnamese from
conquering Laos by military force, i. e., from achieving a position of
military predominance sufficient to permit Hanoi to force the Royal Lao
government to resign, capitulate or accede to Hanoi's dictates. The focal
point of Laotian defense against North Vietnamese pressure--a defense
made possible. by Thai irregulars--has been the defense line in the mountainous
area just north of the Laos capital of Vientiane. During the past two years
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the Thai irregulars have provided the majority and the best of the defensive
forces available to resist North Vietnamese attacks in north Laos.
3. Without this continued support by Thai irregulars, it is almost
certain that the Laos will not be able to prevent virtual North Vietnamese
control of their government and the remainder of their country. The result
would be the free use of all of south Laos by the North Vietnamese to move
men and supplies into South Vietnam and Cambodia. It would also place the
North Vietnamese armies on the Thai border, greatly facilitating support
to the Communist insurgents in Thailand. It would place the Thai government
in direct confrontation with North Vietnamese military forces and undoubtedly
result in the Thais calling upon the United States to come to their assistance
under existing defense commitments by the United States,
4. Clearly this is a situation to be avoided if possible. The continued
employment of Thai irregulars is important in maintaining Laos as a buffer
between Thailand and North Vietnam at minimum expense to the United States
and without United States involvement. The use of Thai irregulars also avoids
direct confrontation between North Vietnamese and Regular Thai Army forces.
The present method of U.S. support to Thai irregulars in Laos should continue
in order to ensure the continued availability of Thai irregulars for immediate
commitment to meet North Vietnamese attacks in Laos where and as they
occur.
2
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Finally, the presence of the Thai irregular volunteers in northern
Laos plays a vital role in tying down the equivalent of a North Vietnamese
main force division. These North Vietnamese troops would otherwise be
available for operations against South Vietnam, with resulting effect on
the rate of withdrawal of U.S. personnel.
3
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Subsection (4.)?Partial Payment in Foreign 0Orrency for Military
Assistance
Subsection (4) increases from 10% to 25% the partial payment in
foreign currency that must be made by certain recipients of military
aid in order to help offset the cost of,official United States expenses
within the country and the costs of educational and cultural exchanges
with that country.
Section 514 of the Foreign Assistance Act, initiated in the Committee,
last year, requires a foreign country which received military grant aid
or excess defense articles to pay, in its own currency, 1(4 of the-
amonnt of the grantaid or, in the case of excess ?articles, an amount
? equal to 10%:.of the fair market value.- The foreign currency obtained
in payment is Available to meet U.S. obligations in the country and to
finance educational and cultural' exchange programs. It does.-not apply
to a country where military aid is given. in payment for base rig,h.t.s.
And, if the President decides, the payment requirement can he.
waivedif, without it, the United States does not need to make dollar
purchases of the local currency. for financing U.S. operations in that,
country. In practical effect, the .?payment requirement is not: applied.
unless it actually'reSults in dollar savings. ? . ? ? ?
There is no valid reason why.recipient of military .aid should net be
revised to pay at least one-fourth- the value Of the materials we give
them, especially if we have to buy their currency with dollars to pay
for the cost. of U.S. operations in thecountry.- This will help to im-
plement the Nixon Doctrine principle of requiring other nations to
shoulder a greater share of the burden for their own defense needs.
Having additional foreign currencies available will also lessen the
drain on our dollar resources - and have, a favorable impact on, our
escalating balance-of-payments deficit.
As of May., 18,1.972, agreements for local currency payments had
been signed, or agreed to in principle, with 26 countries. On the basis
of the 10% requirement in existing law the Department of State
estimates that for the five- months covered in FY 1972 there will be
collections, and, thus, savings -to the taxpayers, of $6.6 million. The
Department estimated that $11.8 million would be collected in FY
1973 at the 10% rate. The Committee's action to increase, payment
to 25% effective July 1, 1.972, will increase that amount substantially.
Subsection (5)?Limitation on Availability.
.D.J.Lelatima
Subsection (5), sponsored by Senator Case, adds a new section 515
to the Foreign Assistance Act which would require specific Congres-
sional authorization before funds from any U.S. Government agency
or official could be made available "for the -purpose of financing any
military operations by foreign forces in Laos, North Vietnam, or
Thailand, outside the borders of the country of the government or
person receiving such funds. . ." In addition, the amendment would
require the President to make available to the Congress copies of any
agreements and other information bearing on such military operations.
The amendment is not intended, however, to infringe or restrict mili-
tary operations and exercises outside Southeast Asia which are re-
quired for self-defense purposes or which are pursuant to regional de-
fense arrangements, such as NATO, or other arrangements, such as
U.N. peacekeeping operations.
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This amendment is an outgrowth of the "crazy quilt" financing
arrangements that have emerged from U.S. involvement in Indochina
and the conduct of cross-border military operations in that part of the
world. It is the same as a provision approved by the Senate in last
year's foreign aid bill, a provision which was deleted in conference.
The Committee still believes that this problem should be corrected.
and the door closed to possible repeat in the future of the type of
questionable activity that has occurred with the financing of Thai
forces in Laos.
Staff members of the Subcommittee on U.S. Security Agreements
and Commitments Abroad were in Laos and Thailand earlier this year.
Following are the sections of their report, severely censored by the
State Department, describing their findings concerning the Thai ir-
regulars in Laos, financed by the United States:
B. THE THAI IRREGULARS
The program of Thai irregulars in Laos (known as the SGU
program for Special Guerrilla Units) provides for U.S.
support of up to [deleted] battalions this fiscal year. That
remains the goal, but because of difficulties in recruitment in
this fiscal year only [deleted] battalions at the most will be
raised. Each battalion is supposed to have a strength of 550
men, but the infantry battalions, when deployed, are run-
ning at about [deleted] each and the artillery battalions at
about [deleted].
"At the time of .our visit, there were [deleted] Thai ir-
regular infantry battlaions in Laos and [d.eleted] on leave in
Thailand. Of the [deleted] in Laos, [deleted] were in [deleted],
[deleted] in the [deleted] and [deleted] at [deleted]. There were ?
also [deleted] artillery battalions deployed. The total force
level of Thai irregulars present for duty in Laos was [deleted].
A total of [deleted] other Thai were either on leave,, AWOL,
wounded, missing in action or on temporary duty. When we ?
were in Laos there were [deleted] additional Thai irregulars
in. training in Thailand.
The Thai Government continues to treat the program as
a sensitive subject, insisting that the numbers involved be
kept secret. The United States cites the Thai attitude as the
reason it, too, refuses to permit disclosure of the details. of the
program. The Royal. Lao Government, however, .has
different approach. In a. Voice of America interview with
Prime Minister Souvann.a Phouma on January .14, the fol-
lowing exchange took place:. -
The reporter: "Mr. Prime Minister, we know that there
are roughly 6,000 Thai troops in direct support of the Moos,
mainly artillery. Have you asked for .more Thai troops to
come in and support these people?"
Souvanna Phouma: "They are volunteers, not regular
troops."
The reporter: "1 understand that sir. . . . we understand
that an estimated 6,000 additional Thai are preparing to
come to Laos."
i:
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Souvanna Phouma: "We have fixed a limit of 25 or .26
battalions of volunteers. Actually, I think we have only 15
or 16 battalions. Therefore, it is necessary to add more . . .
that is to say in concurrence with the Americans we have
planned for 25 to 26 battalions . . . up tothe present time
we have only been able to form 15 or 16 battalions. It's the
complement to this group that will be coming."
The reporter: "Can you tell me how many volunteer Thai
troops you expect to be operating in Laos by May 1?"
Soztvanna, Phouma: "In addition to the 16 battalions, we
Will have about 5 or 6 more . . they can't be called Thai
battalions. We must call -them volunteer battalions."'
The irregulars are recruited by the Royal Thai Army from
all over Thailand. The Army is also supposed to recruit
cadre of officers and noncommissioned officers on a volunteer
basis. Each Thai irregular infantry battalion is supposed to
have [deleted} cadre from the regular Thai Army, [deleted]
officers and [deleted] noncommissioned officers, and each
artillery battalion is supposed to have [deleted] cadre from
the regular army.
When we visited. one of the Thai irregular training camps
with the Thai Army General from the Thai [deleted] Head-
quarters at Udorn, we interviewed two Thai irregulars
through an interpreter. One was a private, and he told us that
he had volunteered because [deleted]. The other was a non-
commissioned officer. He told us that [deleted].- At the camp,
we asked whether the officer and NCO cadre in the program
were volunteers. We were told that [deleted], that they
served for a year, -that they were then rotated out of the
program and [deleted], and that no special effort was made
to recruit ethnic Lao as distinct from other Thai.
We were told subsequently in Bangkok that [deleted].
U.S: Officials who work with the program are well aware of
the im.'Oita:nee of the distinction between -volunteers and -
nonvo unteers [delete-a because o t e egislative prohibition
against U.S. support of third-country forces in Laos, They
thus emphasize that the Thai pasonnel including cadre from
the re ular Army serve in TADS Limier the overk command
and control of the Royal. Lao Government. They also con-
tend that the regular Army cadre resign from the Army when
th?eT-Toir-flhe program, alfhough [deleted].
The Thai irregulars are paid in Thai baht. The payment. is
made by the CIA in Udorn to officers of the Thai liaison unit
on the basis of strength figures submitted by Thai S-4's at
battalion level. In the case of the trainees in Thailand, the
money is paidto them at the camp by the Thai liaison unit.
After the trainees depart for Laos, there is a system whereby
the Thai liaison office can send allotment checks to the
families of soldiers or to personal accounts.
Thai irregular privates are paid 1500 Baht a month
($75) -while regular Thai Army privates are paid 530 Baht
($26) a month. Lieutenants in the program are paid 2500
Baht ($125). In addition, irregulars receive a bonus of 2400
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Baht ($120) at the end of their tours. If they reenlist, they are
paid a bonus of 1200 Balt ($60) and are given 200 Baht $10)
a month in additional pay during their second tours. The
co_aLoLa_l_)attalion per year is estimated by CIA officials in
Wasinn. ase on otivanna's
estimate of 25 battalions, the cost of maintaining the present
Thai irregular force for a year will be approximately $100
Like the Thai General, all Thai officers in irregular units
are given Lao names and Lao identity cards during their
service in Laos. They go to Laos in separate Thai units--
not individually?and serve in these units as long as they re-
main in Laos. Because the enlisted men in the units are
volunteers, they are not subject to the same military dis-
cipline as those in the regular Thai army. Hence, there is
nothing that can be done to force them to remain with their
- units either in training or after they are sent to Laos. Many
of them do leave, a total of [deleted} since the program began
or about 30%. (Thailand, Laos and Cambodia January 1972,
A Staff Report Prepared for the Use of the Subcommittee on
U.S. Security Agreements and Commitments Abroad of the
Committee , on Foreign Relations, United States Senate,
pages 18-20.)
. It is virtually impossible for the Congress to know how much of the
taxpayers' money is being used to support these activities, as well as
others where the U.S. may be footing the bill for military operations
ostensibly initiated and controlled by another government. In this con-
nection, it will be recalled that only long after the fact did the Congress
discover that Philippine and Thai troops in Vietnam were being paid
at considrably higher rates by the U.S. Government than were Ameri-
?c,an soldiers for comparable combat service.
The carrying out of such clandestine activities by the Executive
BraTi-witliout ? the knowledge, let alone e approval of the
onglii?na c.es a mockery o our system of separation of powers
- This amendment will serve to restore a more proper balance be-
tween the Legislative and Executive Branches in such matters.
Sec. 5. Authorization of Security Supporting Assistance
This section amends section -532 of the Act to authorize the -appro-
priation of $650,000,000 for security supporting assistance for fiscal
year 1973, of which $50,000,000 is earmarked for -Israel.
The United States provides security supporting assistance to
selected countries or international organizations to promote or
maintain economic or political stability. In general, recipient COil 11 tries
face actual or threatened aggression which compels them to strengthen
their capacity to meet the resultant challenge to their security. The
use of Supporting Assistance funds in a given country depends on the
degree of importance of that country to U.S. foreign policy objectives,
particularly in terms of potential impact on U.S. national security
interests.
Supporting Assistance funds normally contribute to SOFRO degree to
the economic, growth or to the developmental goals of the recipient
.eountry, but the current U.S. motive in programminp? these funds is
neither economic growth. nor development per se; rather, the specific
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FULBRIGHT AMENDMENT (Thais in Laos)
I. Prohibition
The Fulbright Amendment prohibits financing of military operations
of Thais designed to support the government of Laos. (See Attachment
for Law.)
II. Unaffected Military Activities
A. The Fulbright Amendment does not prohibit financing military
activities:
(1) "required to insure the safe and orderly withdrawal or
disengagement of U.S. Forces from Southeast Asia, or to aid in
the release of Americans held as prisoners of war," or
(2) maintained to keep the sanctuaries clear or counteract
actions which would prevent Vietnamization, or
(3) which existed in August 1970 when the amendment was approved
on the Senate floor.
B. The Fulbright Amendment does not affect the financing of "local
forces" in Laos.
III. Congressional Criticism
A. Senator Case
(1) 23 April 1971, Case wrote State concerning an agreement with
Thailand to finance and support Thai troops fighting in Laos in violation
of the Fulbright Amendment.
(2) 19 May 1971, Abshire replied: "We believe that it has been
made clear that this is not a question of U.S. support for regular
Thai forces in Laos. The irregular forces involved, while raised
and trained in Thailand, are all one-year volunteers who go to Laos
to serve under the command of the Royal Lao government. These
guerrilla forces are therefore considered to be local forces in Laos.
(3) 20 May 1971, Case made reference to 4,000 to 6,000 Thai
troops in Laos and the fact that the U.S. Government, through the
CIA, is paying for them despite a Congressional ban.
*but see Senate floor debate on acceptance of provision
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B. Senator Fulbright
Fulbright wrote letter to State similar to Case's letter and
received a similar reply.
C. Senator Kennedy
26 May 1971, in a letter to Kennedy, Abshire appeared to argue
that operations in Northern Laos were necessary to U. S. troop
withdrawal from South Vietnam.
D. Secret Session of Senate (held 7 June; made public 3 August 1971)
(1) Based upon classified report prepared in April of 1971 by
Lowenstein and Moose, Symington charged that the Administration
was violating the Fulbright Amendment. He charged the Laotian
war was not directed through DOD where clearly understood Con-
gressional controls apply, but rather through State and CIA, an
agency which, through the National Security Council, reportepWRGAT
to the President:
ff -
h is a fact, however, that the United-
States is currently paying for foreign
troops, for mercenaries if you will, de-
spite legislatiOn which, by letter as Well
as intent, was designed to prohibit any
such practice. . .
I The Thai forces in Laos are part of an
irregular program. They are employed in
conjunction with other, in effect, OA-
directed irregulars in Laos. They areTe=
cruited in Thailand. All costs are paid
by the W....however, including both sal-
aries and allowances.
These Thai forces are flown into Laos ,
by Air America planes which in turn are)
'hired by the U.S. Government.
If any of these Thai are wounded, at
least some are thereupon evacuated by
Air America to a 'U.S. Air Force field hos-
pital at the Royal Thai Air Force Base at
'Odom, in northern Thailand.
The facts with respect to T.J.S. sup-
port for Thai forces presently fighting in
northern Laos were provided to the staff'
by U.S. Government officials. On their
face they describe a situation which con-
travenes not only the intent, but also the
actual letter, of the Fulbright amend-
ments to last year's Defense authoriza-
tion and appropriation bills. These
amendments were specifically designed to
prohibit the hiring of foreign troops, such
as Thais, to defend the Governments of
...eigny Laos or Cambodia. I I
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(2) In rebuttal to Abshire's 19 May letter to Case, Symington
said: "Common sense forces one to ask, how can these Thai
irregulars in Laos be described as local forces? They are Thai,
not Lao. They are recruited in Thailand, not Laos."
IV. Support of Administration's Position
A. Senator Griffinj_ in rebutting Symington's comments concerning
Abshire's 19 May letter, argued: "But are we going to say that
the Laos military command cannot recruit volunteers.., should
limit the recruiting of troops in its own country?"
B. 7 June, State spokesman described the Thai troops as volunteers
from border areas of Thailand who were in Laos at the request of
Premier Phouma and that U.S. support was consistent with relevant
legislation.
C. 9 August, The Washington Post reported at least some CIA-supported
Thai irregulars fighting in Laos were recruited directly from ranks
of Thai armed forces and asked to accept special assignments in
all-Thai battalions fighting in Laos. In response, State spokesman
said Thai soldiers in Laos fighting there in violation of the Geneva
Accords of 1962, but only because some 80,000 North Vietnamese
were moving against the neutralist country. He did not confirm or
deny Post story and no mention was made of violation of U.S. statutes.
V. Subsequent Legislation
A. 21 October 1971, the Foreign Assistance Act of 1971 was reported out
by the Senate Foreign Relations Committee with a provision requiring:
specific Congressional authorization before funds from any
U.S. Government agency or official could be made available 'for the
purpose of financing any military operations by foreign forces in Laos...
outside the borders of the country of the government or person receiving
such funds... ' In addition, the amendment would require the President
to make available to the Congress copies of any agreements and other
information bearing on such military operations."
3
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This amendment was reported out in light of "continuing reports
about U.S. financing of Thais and Cambodian mercenaries in Laos,
and even Thai mercenaries in Cambodia...." This provision
obviously was directly aimed at the use of Thais as volunteers in
Laos. It was deleted from the legislation in conference and did not
become law. At a minimum this gives rise to an inference that,
facing the issue squarely, the Congress did not see fit to overrule
the Administration's contention that Thai volunteers qualify as local
forces under the free-world forces provision of the Defense
Authorization and Appropriations Acts.
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Excerpt from Department of Defense Appropriation Act '72
(Underscored portion is the Fulbright Amendment)
December 18, 1971
- 19 - Pub. Law 92-204
85 STAT. 734
Sac. 737. None of the funds appropriated in tins Act may be used contract pay
to make payments under contracts for any program, project, monts in for-
activity in a foreign country unless the Secretary of Defense, or Ids sign oounbrisS.
designee, after consultation with the Secretary of the Treasury or his
designee, certifies to the Congress that the use, by purchase from the
Treasury, of currencies of such country acquired pursua'iht to law is not
feasible for the purpose, stating the reason therefor.
Sac. 738. (a) Not to exceed $2,500,000,000 of the appropriations Forces in Viet-
available to the Department of Defense, driving the current fiscal year nam, Laos, and
shall be available for their stated purposes to support: (1) Vietnamese Thailand,sup-
port.
and other free world forces in support of Vietnamese forces; (2) local
forces in Laos and Thailand; and :for related costs, on such terms and
conditions as the Secretary of Defense may determine Provided, That
none of the funds appropriated by this Act may be used for the pur-
pose of paying any overseas allowance, per diem allowance, or any
other addition to tire regular base pay of any person serving with the
free world forces in South Vietnam if the amount of such payment
would be greater than the amount of special pa.y authorized to be
paid, for an equivalent period of service, to members of the Armed
Forces of ?tire IInited States under section 310 of title 37, United States
Code, serving, in \rietnalli or in any other host ile fire area, except for 77 Stat. 216;
continuation of payments of such additions to regular base pay pro- 79 Stat. 547?
vided in agreements executed prior to July 1, 1970: Ppovided -urther,
That nothing in clause (1) of the .first sentence of this sti )ser, ma stia
c'oiin'ued iii ant loi'isnid'r1Tt i Sr7i-r7D cfrIVTIV17)--si
namese or ot ler ice Ivor ?rrees in act ions ?).signe( provit e mi
1 a ry SIC Tort. and issit-,1 ;Imo I o the (rover nment of ( ni Willa or Laos:
i'oi./ Cl, la no ling contamec in I us sec ion s ia re con-
strued to prohibit support of rictions .required to insure the safe and
orderly withdrawal or disengagement of 17.5. Forces from Southeast
Asia, or to aid in the release of Americans held rts In'iS011ers of war.
(b) Within thirty days after the end of each quarter, the Secretary
of Defense shall render to Congress a report with respect to the esti-
mated value by purpose, by country, of support furnished from such
appropriations.
Sac. 739. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time :for cash disbursements
to be made from such funds: Pro,,,qcled, That transfers may be made
between such funds in such amounts as may be determined by the Sec-
retary of Defense, with the approval of the Office of Management and
13rulget.
Sac. 7-It). No part of the funds appropriated under tins Act shall be
used to pay salaries -of any Federal employee who is convicted in any
Federal, State, or local court of competent jurisdiction,- of inciting,
promoting, or carrying on a riot, or any group activity resulting in
material damage to property or injury to persons, found to be in viola-
tion of Federal, State, or local laws designed to protect persons or
property in the community concerned.
741. No part of the funds appropriated under this ,\c I. stnfl he
tistmi toprovido n. loan, 42:iiimittioe of ti [ono o Hy :IN
who hits been cone lel hy any yowl, of general jiivisdiei no ()I' any
crime which involves the liSoccl or Ow iu-0.1:41sinco I() othyrE4 in liii'- ii
ropo,,,IppHpip,, op (iii? or ppopppfy under vontroi of an
institution of highot. eduom ion to provont It; m.4114114114;0-, such lin
institution from engaging ill their duties Cu!' pursuing I heir studies.
Report to
Congress.
Working
capital funds.
76 Stat. 521.
Payments to
convicted
rioters,
prohibition.
Lunns to
onmpun alornwt,
nrri?
Si?
'LI on.
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Mr. President:
This amendment which I offer to S. 3390, the bill which continues
the Foreign Assistance Act of 1961, is simple and consistent with the
action taken by the Senate the other day (13 June) on amendment No. 1221.
In that case, it was recognized that once normal peacetime conditions
prevail in Southeast Asia--which we all hope and pray will be soon--the
military assistance program of the United States for Laos and South Vietnam
would be returned to the jurisdiction of the Foreign Relations Committee for
administration under the Foreign Assistance Act of 1961. But as long as the
war is being fought in South Vietnam and Laos, the requirements for military
assistance are so different from those which can be met under ordinary peace-
time conditions that assistance to these countries should be continued under the
defense procurement authorization bill and administered by the Department of
Defense.
Section 4 of S. 3390 adds a new section to the Foreign Assistance Act
of 1961. This new section would be part of permanent law and would control
?the use of assistance funds for military operations outside the borders of the
country of the government or person receiving the funds. This would apply
to military operations in Laos, North Vietnam, or Thailand.
My amendment, which is simple and short, would assure
that these controls apply to military operations carried out with funds granted
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and administered under the authority of the Foreign Assistance Act of 1961,
which applies to peacetime situations. By substituting the language of my
amendment "under the provision of this Act" for the present language "under
any provision of law", which appears on line 19 of page 7, we' accomplish
this purpose but at the same time do not hamper situations in the war zone
of Southeast Asia such as occasional incursions into Laos by South Vietnamese
forces. Any such operations, I believe, should continue to be governed by
the provisions of the defense procurement authorization bill which we agreed
just the other day should continue to serve as the authority for military
assistance for this area as long as wartime conditions prevail.
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:i 7 4,8go. him IT,17704v,45 02N, A /,,Ith,iffiLiTy pyle Ins
18 FOB Al I fdril 14!)! OPRie?ITIONS.?(a),.No funds authorized or-..
the provisions . of this Act
9 W9torkdefi- Tinder -aleft -tivo4si1Hn--of- -law- shall be made ,
,
? ?- 20 available by any means by any ?Iliac's, employee, or agency
2 II
i)a)
ado4
23
of the United .States Government for the purpose of financing
any military operations by foreign forces in Laos, North.
Vietnam, or Thailand outside the .borders of the country of the,.
24 government Or person receiving such funds unless C firC88
25 haN authothed or qiecificaily autharizo the mak-
ing of funds available for such purpose and desiolated I the
?
2 . . area where military operations financed by such funds may
3 be, undertaken outside such borders.
"(b)? Upon requestiny Congress to mak() any such au-
thorization,, the President shall prooide to Congress a copy of
any agreement proposed to be entomd into withany such goo-
,
ernment or person and the complete details of the proposed
8,,' military operation, Upon such authorization by Congress, the
9 Prosidlow shall provide a copy of any such agreement and
10, thereafter of all plans and details of such operation." ,
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JMM:
FYI - this
Silts
Feliltsis!.1.voith '71?
is what we are oi on t e
Foreign Assistance legislation.
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STATI NTL
App
A
SENDER WILL %tfiTrAS.
sM,?"iftfitiVa0044S-141511156800800
nveci i-cwastlease-,
Acoirgihuf 7 ' CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
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DATE
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Mr. Meyer
INITIALS.
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It is hoped that this will be of some help in
coordinating our efforts to come up with un-
classified statements for use on the Senate
floor on the Foreign Asia tion.
A copy has been sent to We
have some extra copies in tfle event you feel
we should call on others, such as CA Staff
who probably could come up with a good
contribution on the more general topics such
as number 5.
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CONFIDENTIAL
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STATIN L