ABOUREZK AMENDMENT
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Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP79-00957A000100040009-7
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RIFPUB
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K
Document Page Count:
9
Document Creation Date:
December 16, 2016
Document Release Date:
July 14, 2005
Sequence Number:
9
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OPEN
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'M'^" w AP.SENDMENT No. 1511
On page 7 between lines 13 and 14, insert
the following new section:
PROIILHITING POLICE TRAINING
SEC. 10. (r,~ Chapter 3 of part III of the
Foreign Assistance Act of 1801 is amended
by adding at the end thereof the following
new section:
"SEC. 058. (a) Prohibiting Police Train-
ing.-None of the funds made available to
carry out this or any other ln and none
of the local currencies accruing under this
or any other law, shall be i'sed to provide
training or advice, or prov:Ae any financial
support, for police, prisons, or other internal
security forces of any foreign government'
any program of internal int It ence oYsur-
veillance on lae Iig1 of any foreign govern.
ment within the United States or abroad.
"(b) Subsection (a) of this section shall
not apply-
"(1) with respect to assistance rendered
under section 515(c) of the Omnibus Crime
Control and Safe Streets Acs of 1868, or with
respect to an.y authority of the Drug Enforce
anent Acinliniutration or the Federal Bureau
of Investigation which relates to crimes of
the nature which are unlawful under the
laws of the United States; or
"(2) to any contract entered into prior
to the date of enactment of this section with
any person, organization, cr agency of the
United States Government to provide per-
sonnel to conduct, or assist in conducting,
any such program.
Notwithstanding clause (2), subsection (a)
shall apply to any renewal or extension of any
contract referred to in such paragraph en-
tered into on or after such date of enact-
ment."
(h) Section 112 of such Net is repealed.
On page 7, ie 16, strike out "See. 10" and
insert in lieu thereof "Sec. 11". s
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(b) Section 29 'of the Foreign Assistance' Act of 1973
is' repeated.
11
PROIIIIJITJN(' POLICE TRAINING
SEC. 18. (a) Chapter 3 of part III of the foreign
Assistance Act of 1961, as amended by section '17(a) of this
Act, is further amended by adcli.ng at the 'end th&eof the
following new section:
"SEC., 660. PRohIIJ.3ITING POLICE TPAI1\7ING.--(a)
None of the funds made available to carry out this Act, and
none of the local currencies generated under ` this Act, shall
be used to provide training or advice, or. provide any financial
12 support, for police, prisons, or other internal security forces
13 for any foreign government or any program of internal in-
14 telligence or surveillance on behalf of any foreign government
15 within the United States or abroad.
16 "(b) Subsection -(a) of this section shall not apply
17 `(1) with respect to assistance rendered under sec-
1.8 tion~515(c) of the Omnibus Crime Control and Safe
19 Streets Act of 1968, or with respect to any authority of
20 the Drug Enforcement Administration or, the Federal
21 ' Bureau of Investigation which related to crimes of the
22 nature which are unlawful under the laws of the United-
23 States; or
24 "(9) to any contract entered into prior to the date
5. 3394 4
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f enactment of this section with any person, organiza-
7 paragraph entered into on or after'. such date of enactment."
any renewal or ea tension of any contract referred to in such
s,_ Notwithstanding clause (2), subsection (a) shall apply to
tion, or agency of the United States Government to pro-
vide personnel to conduct, or assist in conducting, any
such program.
,(b) _ Section .1 .12 of such Act of 1961 is repealed.
1.8
,';LIMITATIONS UPON ASSISTANCE. TO OR FOR CHILE
10, ~.-, S'EC. 19. ,Not+wjthsta:nd ing any other provision of law,
1T : ; the total, amount of assistance that may be made available for
12.,.Chile :under this or any other laiv during fiscal' year 1975
13'. ?nay n.61 'exceed. $6?:1,000,000, of which - a'mount' not to exceed
-$10,000;000 marl be made available for the purpose of.
15 providing military assistance (including credit sales and the
16
ace amount o uaranties
..POLICY WITH RESPECT TO INDOCHINA
.A$EC..20. (a) The Cojagress finds that 'the ,,cease-fire pro-
vided for in the Paris Aoreenieiit on Ending the War and
20-1 Nestor?i?ig 1'eace in Vietnam- has not been observed by any of
21: th3 Vietnamese parties to the conflict. Military operations of
22.. an- offensive and defensive nature continue throughout South
23 Vietnam.. In Cambodia, the civil war between insurgent forces
24 .',and the Lon Not govei?iirizent has intensified, resulting in
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The House amendment did not contain a comparable provision.
The Senate receded.
DEVELOPMENT AND USE OF COOPERATIVES
The Senate bill provided that not less than $20 million made avail-
able during fiscal years 1974 and 1975 should be available only for
assistance in the development of cooperatives in less developed
countries.
The House amendment did not contain a comparable provision.
The House receded.
PROrCIBITING POLICE TRAINING
The Senate bill prohibited police training and related programs for
any foreign country under any law except those relating to certain
crimes and administered by the Law Enforcement Assistance Admin-
istration, or with respect to any authority of the Drug Enforcement
Administration, or the Federal Bureau of Investigation.
The House bill did not contain a comparable provision.
The House receded with an amendment applying the prohibition to
programs in. a_foreign.country d.to funds made available under the
Foreign Assistance.4i t. The prohibition is not applicable to any_con-
tract entered into prior tothe_date of -enactment of this act thatpro-
vides personnel to conduct, or assist in conducting, any sueh program
but it prohibits extenin_nof-those-contracts. Further., it is the intent
of Congress that present programs being conducted bythe Agency, for
International Development in foreign. countries should not be trans-
ferred to some_othegency. of the Government in order_toavoid this
.prohibition. The-new.- language- is_meantto_phase out such prop ams
financed hereunder and the objective should not be circumvented by
using other_funds for this purpose.
INTEGRATION OF WOMEN INTO NATIONAL ECONOMIES
The Senate bill provided that development assistance programs
should be -,dministere:d with particular attention to the integration of
women into the national economies of foreign countries.
The House amendment did not contain a comparable provision.
The House receded.
LIMEI'ING USE OF FUNDS FOR ABORTIONS
The Senate bill prohibited the use of funds in any manner, directly
or indirectly, to pay for abortions, abortifacient drugs or devices, the
promotion of the practice of abortion, or support of research to de-
velop methods of abortion.
The House amendment did not contain a comparable provision.
The House receded with an amendment prohibiting the use of funds
to pay for the performance of abortions or to motivate or coerce any
person to practice abortion.
This provision is not intended to interfere with or curtail support for
preventive maternal and child health and family planning services and
related research which are provided on a voluntary basis and in accord-
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Dear Senator Abourezk:
This is in response to your letter of 27 August 1974 raising several
questions concerning the National Security Act of 1947 in connection with my
letter of 31 July 1974 to Chairman Fulbright on the adverse impact on this
Agency's foreign intelligence mission of amendment No. 1511 to S. 3394.
The duties of this Agency are set forth in section 102(d) of the
National Security Act of 1947, the preamble of which reads as follows:
"For the purpose of coordinating the intelligence
activities of the several Government departments
and agencies in the interest of national security,
it shall be the duty of the Agency, under the
direction of the National Security Council--"
I believe it is clear in the CIA section of the National Security Act itself
as well as in the legislative history surrounding its enactment that the
fundamental purpose for creating this Agency was to assure that this
nation's elected and appointed policy makers are forewarned and informed
about those developments which may represent a significant threat or
opportunity for a democratic society. It is this clear purpose and the
specific implementing directions of the National Security Council pursuant
to that Act which commits this Agency to the duty of obtaining the best possible
foreign intelligence for the President, his principal foreign and military
advisors, and for the Congress itself.
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Enclosed is a copy of my- letter to Chairman Fulbright on amendment
No. 1511 which sets forth my views on the adverse effect of its possible
enactment on this Agency's foreign intelligence mission, which is the only
impact of the amendment of concern to this Agency.
It is hoped that this letter is responsive to your interests and if I
can be of any assistance in this or any other matter, please do not hesitate
to contact me.
Sincerely,
W. E. Colby
Director
z
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Mr. President:
I rise in opposition to the amendment offered by the Senator from
South Dakota.
The Foreign Assistance Act of 1974 as reported out of Committee
prohibits police training, advice and other financial support for police,
prisons, or other internal security forces through programs funded under
the Act. This expands the prohibitions contained in the 1973 Foreign
Assistance Act. As the Committee report indicates, these prohibitions
reflect the judgment of the Congress that the, "United States participation
in the highly sensitive area of public safety and police training unavoidably
invites criticism from persons who seek to identify the United States with
every act of local police brutality or oppression. . . . It matters little
whether the charges can be substantiated, they inevitably stigmatize the
total United States foreign aid effort. " In. the Committee's judgment, and
I certainly agree with this, our interests would be better served if we left
these highly sensitive internal matters to the foreign government.
But, the amendment now offered goes farther and I think too far.
It would unnecessarily restrict important relationships that our intelligence
community has developed with foreign intelligence organizations. The
problem is that in many countries the intelligence services are part of and
inextricably entwined with the local internal security or police force.
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The Central Intelligence Agency, in the discharge of its foreign
intelligence mission as directed by the National Security Act of 1947, under-
takes activities for the purpose of obtaining foreign intelligence information
from cooperative foreign security services. I have been informed by
Director Colby that these activities and relationships are of considerable
importance to our national foreign intelligence effort and that an essential
element of many of the relationships is some limited training and other
support, as well as the exchange of information and advice.
The advice and other support furnished by CIA to these foreign
intelligence services is in furtherance of intelligence objectives, and is
not related to the foreign countries' internal security concerns.
Restricting these relationships which are so important to our national
intelligence effort would not further the goal of the amendment which I under-
stand is to extricate the United States from foreign internal security activities
that may involve police brutality and oppression; but it would do considerable
damage to our national security.
The conference committee report on the 1973 Act indicated that it was
the intent of Congress that programs being conducted by AID and prohibited
under the new law, "should not he transferred to some other agency of the
Government in order to avoid the prohibition. " I have been assured by
Director Colby, and I have heard no claims to the contrary, that the CIA
scrupulously follows this statement of congressional intent and of course
will continue to do so.
2
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This provision, though general in scope, resulted from U.S. newsmen
being denied access to bases in Thailand, constructed with the t: Ex
dollars of U.S. citizens, which are manned by U.S. military personnel.
The Committee believes that the provision enacted last year has
achieved .*esults and has decided that it should be made permanent.
Scetiomm 18. Prolh.ibithng Police Trai"ring
-----?---rte
Section 18, ates y ~_ ena 'or 1 bourezk, would add a new section
660 to the Foreign Assistance Act which would prohibit use of foreign
assistaurci' funds to provide training, advice or financial support for
police, prison, or other internal security forces of foreign country.
The prohibition will not apply :
(1) with respect to assistance rendered under section 515(e) of the
Omnibus Crime Control and Safe Streets Act of 1968, or with respect
to any authority of the Drug Enforcement Administration or the
Federal bureau of :investigation -which relates to crimes of the na-
ture which are unlawful under, the laws of the United States, or
(2) to any contract entered into prior to the date of enactment of
this section with any person, organization, or agency of the United
States Government t:o provide personnel to conduct, or assist in con-
ducting. any such program.
This provision will expand the prohibition in section 112 of tlre-
Foreign Assistance Act of 1961 which was adopted by Congress last
year. Ai approved by the Committee and passed by the Senate the
provision that became section 112 would have prohibited all training
of for?ei-n police and related forces. However, in conference a com-
promise was reached with the House which applied the prohibition
only to t raining. This new provision, in effect, will carry out the objec-
tive endorsed by the Senate last year in S. 2335. The Committee's coni-
naents c;u the prohibition proposed last year bear repeating here.
l'nited States participation in the highly sensitive area of
public safety and police training unavoidably invites criti-
cism from persons who seek to identify the United States with
every act of local police brutality or oppression in any coon-
fry in which this program operates. It matters little whether
the charges can be substantiated, they inevitably stigmatize
the total United States foreign aid effort. In undeveloped
arias of the world, the costs of public safety program are
better left to be underwritten from local resources and the
United States assistance effort directed toward less sensi-
tbe areas of social or economic development..
We have troubles enough with police/community relations
in our own society. The Committee believes that our govern-
rnent's efforts would be better directed to this, and our own
crime problem , rather than trying to teach foreigners how
to run their police departments.
The prohibition is not intended to affect narcotics training by the
Drub Enforcement Administration or to be interpreted as barring
the routine sharing with foreign governments of information on. in-
ternational crimes, hijacking, terrorist activities, and the like.
Section 112 of the Foreign Assistance Act, which is superseded by
this prohibition, is repealecl.
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