DECLASSIFICATION OF RECORD OF JUNE 7 SECRET SESSION OF THE SENATE ON LAOS

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-15-1-14-8
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 11
• Document Creation Date: January 11, 2017
• Document Release Date: December 8, 2011
• Sequence Number: 14
• Publication Date: July 15, 1971
• Content Type: MEMO

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IP
MEVORANDUM '4); N
NATIONAL SECURITY COUNCIL
NSITIVE ACTION
July 15, 1971
MEMORANDUM FOR: DR. KISSINGER
FROM: JOHN A. FROEBEark
SUBJECT: Declassification of Record of June 7 Secret
Session of the Senate on Laos
Attached at Tab A is a memorandum from you to the President making
recommendations on the declassification handling of four issues dealt
with in the June 7 secret session of the Senate on Laos. We believe
early action is needed in this instance inasmuch as the Senate is
now moving to consideration of the amendment proposed by Senator
Symington on placing a ceiling on our assistance to Laos, and the
Senate Foreign Relations Committee is consequently pressing the
Administration for a declassification decision to permit release of
the transcript of the secret .session.
RECOMMENDATION:
That you sign the memorandum to the President at Tab A.
Attachment
Vlay Contain
Dongressional Materia
)OS, OSD, NSS
eviews completed.
eft .9 47 /4 n r
SE T/SENSITIVE
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MEMORANDUM
THE WHITE HOUSE
WAS
SECRET/SENSITIVF/NODIS
MEMORANDUM FOR THE PRESIDENT
FROM: HENRY A. KISSINGER
ACTION
SUBJECT: Declassification of Record of June 7 Secret Session
of the Senate on Laos
Attached at Tab A is a memorandum from the Acting Secretary of State,
and concurred in by the Secretary of Defense and the Acting Director
of the CIA, making recommendations on the declassification of the
record of the June 7 secret session of the Senate on Laos.
The focus of the session was Senator Symington's summary presen-
tation of a Foreign Relations Committee staff report criticizing our
role in Laos. CIA involvement there,
Senator Symington presented his amendment
for a ceiling for U.S. programs in Laos, except the
bombing of the Trail, unless the Administration would specifically
justify such programs to Congress and get its approval. The dis-
cussion also dwelled on whether the Administration had violated the
Fulbrieht Amendment to the 1970 Defense Appropriations Act
Of the four declassification issues presented, two pose particular
problems:
25X1 1) The CIA role in organizing, traininj, directing, and paying Lao
I agree with State, DOD, and CIA that we
should approve declassifying the CIA role in Laos
which are discussed
below. Open disclosure of the CIA role, which is already widely
25X1 known, would considerably facilitate the defense of this activity
by our friends on the Senate floor. We believe we have a good case
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on this score, and that we must present this case effectively in the
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legislative proposed by Senator Symington.
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As regards the two remaining issues, the agencies recommend, and I
agree, that the material involved, previously not made public, no longer
need be classified:
1) Sortie rates over Laos by U.S. aircraft.
2) MAP total annual figures for Laos for Fiscal Years 1963 to 1967
and MASF total annual figures for Laos for Fiscal Years 1968 to
1970 and 1972-
RECOMMENDATION:
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That you approve declassifying the CIA role in Laos with respect to the Lao
irregulars,
Approve Disapprove
That you approve declassifying the following, not heretofore made public:
-- Sortie rates over Laos by U.S. aircraft
Approve Disapprove
- MAP/MASF total annual figures for Laos for Fiscal Years 1963 to
1970 inclusive, and for Fiscal Year 1972.
Approve Disapprove
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Attachment
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NODIS
DEPARTMENT OF STATE
WASHINGTON
S/S - 7110504
July 14, 1971
MEMORANDUM FOR THE PRESIDENT
Subject: Declassification of Record of June 7
Secret Session of the Senate on Laos
It is recommended that:
You approve declassifying the CIA role in Laos
wifh rpsnect to the Lao irregulars,
old cl
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Approve Disapprove
. You approve declassifying the following not
heretofore made public:
--Sortie rates over Laos by US aircraft
? Approve Disapprove
--MAP/MASF total annual figures for Laos for
Fiscal Years 1963 to 1970 inclusive, and for Fiscal Year
1972
Approve
Disapprove
SECRET-SENSITIVE
NODIS
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SECRET-SENSITIVE
NODIS
The Chairman of the Senate Foreign Relations
Committee was charged by the Senate with the saniti-
zation of the transcript of the secret Senate session
on Laos, prior to its publication. In response to
his invitation, a State Department representative,
together with representatives of CIA and DOD, has
reviewed the transcript with the Committee staff to
see what parts might be released for publication.
A considerable number of security deletions
raise no issues. This memorandum deals only with
issues involving important disclosures going beyond
details previously made public by the Administration.
Before discussing these issues, a brief summary
of the thrust of the Senate session is relevant.
Those who called the session wanted to attack the
CIA's role
in connection with Lao irregular forces, the
flexibility of funding which had been used to
support these programs
Senator Symington opened by saying he would
discuss what the Government was doing, question the
legal authority for it, ask if we could afford it
and question if the actions were in the U.S. interest.
He then presented a summary of the TOP SECRET report
of Committee staffers Lowenstein and Moose, resulting
from their trip to Southeast Asia in April.
The full staff report is made part of the record.
highlights were:
--The situation worsens, with two thirds of
country gone, and no plans to retake it.
--The now regular use of B-52s for bombing
in the north, near China.
and
--The irregular Lao troops are armed, trained
directed by CIA.
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NODIS
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--The Chinese road toward Thailand was bombed
several times by RLAF, which caused increased Chinese
air defense measures; and, as the bombing was done by
unmarked T-28s, ran the risk of attribution to the U.S.
--The cost of military assistance to Lao
regulars and irregulars steadily escalates substan-
tially beyond the sums justified to the Congress;
and the method of involving CIA budget
does not leave Congress informed as to
what projects will be pursued in Laos or the funds
actually involved.
Svmington then proposed his amendment for a
ceiling for any U.S. programs in Laos,
except bombing of the Trail, unless the Administration
would specifically justify such programs to Congress
and get its approval.
Most of the discussion that followed dealt with
whether the Administration had violated the Fulbright
Amendment. Fulbright and Symington, along with
Kennedy, strongly asserted there was no question that
a flagrant violation had occurred, while Griffin and
Stennis attempted to resist these arguments.
The Committee Staff has agreed to delete from
the record references to intelligence operations
CIA budget figures, detailed friendly order of
battle and references to testimony by the Director
of CIA.
SECRET-SENSITIVE
NODIS
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SECRET-SENSITIVE
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The principal issues remaining are whether we
can usefully keep classified:
--The CIA role of organizing, training,
directing and paying Lao irregulars,
as well as the provision of an unspecified amount of
CIA budget for those purposes.
The CIA Role with the Irregulars. Your statement
on Laos of March 7, 1970, said that we "provide military
assistance to regular and irregular Lao forces in the
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form of equipment, training and logistics."
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the
CIA
The
U.S.
that
new factors involved are therefore (a) that
directs the irregulars, and (b) that it is
performs all these functions.
CIA would prefer not to have reference made to
its role in the unclassified transcript. However,
CIA says it cannot argue on security grounds that a
general reference to its connection with the Lao
irregular program would be seriously damaging.
Therefore, the CIA is prepared to disclose its role
Tm^c 4r1 r.nrinizrtinn with 1-hp Lao irregulars, but
Ambassador
Godley says that he regrets this, pointing out that
there is a difference from the enemy's point of view
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in being able to quote an official Senate document rather
than an article in the American press. Ambassador
Godley goes on to praise CIA's role in Laos, noting
it has saved us millions and millions of dollars at
the very minimum cost of American blood. It is
obvious that his concern is that whatever action
is taken should not prejudice CIA being able to
continue to perform this role. This could happen
if the result of disclosure were either legislation
strictly banning financial support for the irregulars
or legislation banning CIA from performing its role
in support of the irregulars.
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On the other hand, we believe that any attempt
to delete references to the CIA role with Lao troops,
or the fact that the U.S. directs the irregulars
would be transparent and could weaken our case for
avoiding harmful restrictive legislation. Symington has
already told the press that the secret session was
to take up the CIA role in Laos, and we believe that
the details would be leaked by the Senate in any
event. It is indeed an open secret now, lacking only
confirmation by the U.S. Government. Open disclosure
of the CIA role, which is already widely known, would
facilitate the defense of this activity by our friends
on the Senate floor. We believe this is a good story
which can be effectively presented in Congressional
debate.
On balance, then, we believe that it is desirable
to declassify the CIA role in Laos with respect to the
Lao irregulars,
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NODIS
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Whether this will contain Senator Fulbright or
not I do not know. Since he has stated so strongly
that he believes the purpose of the Fulbright Amend-
ment has been flouted by the Administration, I
believe he will persevere. Nevertheless, to foreclose
on the criticism that we are shutting off legitimate
debate in the Congress, we will remind him that we
vidin financial
Laos and
sing that
have already stated tha
and material support to
will insist that he limit
aspect in this dispute.
huase
Then, as suggests, State will
prepare our statement ol tne -cory for release
promptly after the transcript is released if that
seems desirable. .
Finally, State, Defense and CIA wish to report
that, in addition to the key issues noted above,
State, Defense and CIA have agreed that the following
material, previously not made public, no longer need
be classified:
--Sortie rates over Laos by U.S. aircraft.
--MAP total annual figures for Laos for
Fiscal Years 1963 to 1967 and MASF total annual
figures for Laos for Fiscal Years 1968 to 1970 and
for Fiscal Year 1972.
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The Secretary of Defense and the Acting Director,
Central Intelligence Agency, concur in this Memorandum.
John N. Irwin II
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