NOTE FOR MR. HELMS FROM J. FRED BUZHARDT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000300090004-6
• Release Decision: RIPPUB
• Original Classification: T
• Document Page Count: 21
• Document Creation Date: December 15, 2016
• Document Release Date: November 14, 2003
• Sequence Number: 4
• Publication Date: January 19, 1971
• Content Type: NOTES

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GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D. C. 20301
19 January 1971
NOTE FOR: MR. HELMS
Attached is a legal memorandum forwarded to you
as a member of the Washington Special Action Group at the
direction of Deputy Secretary of Defense David Packard.
Fred Buzha t
OSD HAS NO OBJECTION TO
DECLASSIFICATION AND RELEASE.
i Ot1 RJiMOifAL~ ' ' I ?` CHMMENTS THIS
[ DOCUMENT I i':'1ASSIPIED
OSD review(s)
completed.
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 TS" 184080/1, cy 1 of 6 dtd 15 Jan 1971
bapp v loo foie D~7i~flX~ O(:1(10090004-6
Forces in SEA, and Local Forces in Laos and
Thailand.a with.Military Assistance Service
Funded (MASF)
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 roved For R
p*Rpa0@W>Qfflg c)PtAEWPdTOPA44PCRR9 $
WASHINGTON, D. C. 20301
9906641?4080/1
Copy 1of6
15 January 1971
25X6
Support of South Vietnamese and Free World Forces in
SEA, and Local Forces in Laos and Thailand with Military
Assistance Service Funded (MASF)
Background of MASF
When MASF requests were initiated to the .Congress, the ,precedent
of direct support of Korean forces with. Defense appropriations was cited.
In the Korean War, indigenous forces were often integrated into U. S. units,
and indigenous force units were integrated with. U. S. units under unified
(U. S.) command. In Vietnam, however, MASF have been administered
along the lines of MAP, and generally, arrangements were made for U. S.
support of Vietnamese forces through the RVN and for the other free world
forces through their respective Governments. For example, support
arrangements for the was negotiated with 25X6
and passed through thel Generally, support uut regular
South Vietnamese and tree world forces was furnished directly by DOD,
but support of paramilitary lar forces, as well as 'ulocalrl
25X1 were supported through transfer of
I I not primarily because of the absence of any legal authoriza
5X1C tion of direct support by DOD, but because of the impossibility of documenta-
tion of fiscal accountability generally applicable to DOD funds.
New Constraints
The authorizations for and limitations on use of MASF funds arising
out of the authorization-appropriations cycle this year fall into several
categories;
(1) Language changes made in Sec. 50Z of PL 91-441 (TAB A);
(2) Language in the Senate Armed Services Committee Report
and the Senate debate on the Fulbright amendment (TAB B); and
(3) The language of Sec. 838 of the FY 1971 appropriation for
the Department of Defense (HR 19590) (TAB C) and the legislative history
of the evolution of the language of Sec. 838.
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Changes in Lane of Sec. 502 of PL 91-441 and Evidence of 1.ntent
A number of factors arising out of the wording of Sec. 50Z of the
Armed Services Appropriation Authorization Act for FY 1971 (PL 91-441
(HR 17123) are relevant. Among them are the following:
(1) Subsection (a)(1) of Sec. 502, generally, provides not a
limitation or prohibition, but an authorization ('F. . . are authorized
to be made available") for appropriations. The authorization, as enacted,
is limited to $2. 8 billion for this purpose. In contrast, the second sentence
in the subsection relating to pay, per diem, etc. , of free world forces
constitutesa prohibition ("None of the funds appropriated . . . may be used")
against specified actions.
(2) The purpose of the authorization, is "to support: (A) Viet-
namese and other free world forces in support of Vietnamese Forces, (B)
local forces in Laos and Thailand, and for related costs. "
In context, this language, by comparison with language in
the FY 70 and previous annual authorization for appropriations Acts, must
be construed to have been intended to broaden the purposes for which funds
are authorized to be made available under Sec. 502, rather than to limit
such purposes.
It is clear from the SASC report that the SASC considered
that under prior authorization and appropriations act language, funds were
available to support non-U. S. forces operating in Vietnam" (prior lan-
guage in clause (A) of Sec. 502(a)) and in Thailand and Laos (clause (B)
of Sec. 502(a)), but that authorization for use of DOD funds for support of
GVN, Free World, THAI and Laos forces operating in Cambodia was
questionable, if it existed at all. From the SASC report, it is clear that
the Committee 'did not intend to withdraw nor to restrict any use of funds
for support of Free World Forces which previously existed, but to expand,
or to remove any, ambiguity about the existence of, the authorization to use
funds for the support of GVN and Free World forces operating in some
area of Cambodia (sanctuaries). At the same time, the language of the
SASC report clearly indicates an intent that the expansion of the authorized
use was not so broad as to include support of "Vietnamese and other Free
World Forces in support of Vietnamese Forces" for operations in Cambodia
to assist the Government of Cambodia.
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(3) The Fulbright amendment adopted by the Senate inserted
the language which appears as the last sentence of Sec. 502(a)(1).
It was the position of the DOD prior to the floor debate on
the adoption of the Fulbright amendment that its adoption would not in any
way diminish the scope of the purposes for which funds were authorized
to be made available by the language of Sec. 502(a)(1) of HR 1711.3 as
"reported by the SASC and discussed in the SASC report. This position is
still valid. If anything, the Fulbright amendment may have expanded the
legislative gloss on the purposes for which funds would have been authorized
to be appropriated by the language of clause (A) of Sec. 502(a)(1) as
reported to the Senate by the SASC and explained in the SASC report.
The debate in the Senate reveals a concurrence in opinion
by both the Chairman, SASC, and the author of the amendment that the
amendment would not change the scope or intent of Sec. 502(a)(1), and it
was on this basis that the amendment was accepted.
The Fulbright amendment language was drawn verbatim from
the language of the SASC report, with the exception of the words "or Laos"
used in the Fulbright amendment. The SASC report in no way expressly
addressed operations in Laos.
Inherent in the SASC amendment to Sec. 502(a)(1) is the
acknowledgment and assumption that in prior years, funds had bt en
authorized to be made available to DOD to support non-U. S. forces
operating in Vietnam, Thailand and Laos. For Vietnam, those forces
conterrt;plated were "Vietnamese and other Free World Forces". In
Thailand and Laos, those forces were "local". The ?SASC amendment to
Sec. 502(a)(1) was designed to permit support of non-U. S. forces on
temporary or intermittent operations in portions of Cambodia without
making funds available for use in supporting non-U. S. forces for continuing
operations in those portions of Cambodia, which would have been the
legal result had "sanctuary areas of Cambodia" been added to Laos and
Thailand in clause (B) of Sec. 502(a)(1). The words "or Laos" in the
Fulbright amendment, therefore, have the effect of making it clear
that funds could be made available for support of non-U. S. forces on
temporary or intermittent operations in portions of Laos, in addition to
"local forces" operating in Laos on a continuing basis. In essence, it
ratified the use of MASF funds for support of non-U. S. forces engaged in
border -crossing operations into Laos (under clause (A)) as well as for
those operating in Laos on a continuing basis under clause (B).
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(4) The second sentence of paragraph (1) of Subsection (a) of
Sec. 502, as enacted in PL 91-441, which relates to pay, allowarces,
per diem, etc. , paid to personnel of non-U. S. forces from funds made
available for use under Sec. 502, constitutes a prohibition which is binding
on DOD ("None of the funds appropriated . . . . may be used . . . U). Pay-
ments made pursuant to agreements executed prior to July 1, 19 10, how-
ever, are excepted from the prohibition, which alleviates most of the
substantive problems which would, otherwise pertain.
(5) Paragraph (2) of Subsection (a) of Sec. 502, the entirety
of which was added this year in PL 91-441, has the practical effect of 25X1 C
constituting a constraint with respect to those non-U. S. Forces which DOD
can support directly, as distinguished from those which can be supported
This provision does not
constitute a prohibition on use of funds authorized to be made available by
Sec. 502, but establishes administrative and reporting requirements which
are incompatible with use of funds for the support of non-U. S. forces which
are not administered through or by agreement with a Free World govern-
ment. Although paragraph (2) of Subsection (a) of Sec. 502 in no way
diminishes the substantive purposes for which funds are authorized to be
made available, it does require, as a condition to.provision of defense
articles financed by the funds made available under this Section, that the
"government of the forces to which the defense article is to be furnished"
give certain assurances related primarily to ultimate disposition of the
article so furnished. It further requires that should the President decide
to consent to ultimate disposition other than that for which assurances are
required from Free World governments, the President must report to the
Congress 15 days before his consent is given. In addition, all implementa-
tion of agreements entered into with governments of Free World Forces
for support from funds authorized to be made available under Sec . 502
after December 7, 1970, must be reported to the Congress.
Clearly, the situations where support is provided to para-
military forces directly and not through any Free World government are
not susceptible to this type of administrative and reporting requirements.
It is relevant to point outat this point, however, that there are pre-
existing administrative procedures required for documentation of fiscal
responsibility and accountability generally applicable to DOD expenditures
which are also incompatible with direct support of paramilitary forces
which do not operate under the auspices of any Free World government. 25X1 C
In these cases, it is necessary to obtain the organizational capabilities
of
Accordingly, in the past it has been the practice to use the SWITCHBACK
mechanism, whereby the funds are made available to DOD are transferred
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which is not subject to the administrative procedures and report-
ing requirements imposed on DOD. (For example, it would be rapossible
for DOD to account for the subsequent disposition of arms provided
directly to such irregular forces as the MONTAGNARD tribesman units,
which are "local", in that they are residents within the country, but
ethnically disparate from the majority of the population and often acknowl-
edge no allegiance to the prevailing government.) Such situations gave
rise to SWITCHBACK, (The support of most, if not all, such paramilitary
forces is presumptively and in fact within the knowledge of members of the
Senate.) The debate on the Fulbright amendment in the Senate is replete
with averments that there was no intent by the Senate. to withdraw authoriza-
tion for the types of operations which were being conducted prior to the
U. S. Cambodian operations. There is nothing in the new language of
Sec. 502, the SASC report, nor the debate in the Senate on HR 17123 which
detracts from the authority to continue use of SWITCHBACK to avoid ad-
ministrative procedures and reporting requirements incompatible with
support of paramilitary forces which are operating within the substantive
purposes for which funds are authorized to be made available by Sec. 502.
Definition of Terms
In order to assess the extent of purposes for which funds are
authorized to be made available by Sec. 502, it is necessary to examine
several terms used in the act, or in the SASC report and the Senate Debate.
"Vietnamese and Free World Forces in support of Vietnamese
Forces" must, in light of the expressed intent of the Senate, be defined
as those non-U.S. forces operating in and from South Vietnam. This
would exclude Free-World Forces operating, or based in Thailand, for
example. The terminology was intended to be interpreted also to include
free world forces based in Vietnam and operating in sanctuaries of
Cambodia or Laos.
"Local Forces" is not a new term in Sec. _502, but in the past there
has been no occasion to make a sharp distinction between "local forces"
and other Free World Forces operating in Laos or Thailand. Local
Forces would include forces under the control of the Government of the
country in which the Forces are operating, Forces composed of residents
of the local country who as a practical matter profess no fealty to or
are beyond the control of the national government and Forces comprised
.of non-residents and non-ethnically homogeneous persons, which units
are supported and controlled directly and not through any Free
. ENS]T' V-:11 ";
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World Government. "Local Forces" could not, consistent with the ex-
pressed intent of the Congress, be interpreted to include units controlled
by or supported through a free world government other than that of the
country in which they are operating.
The definition of what constitutes the "sanctuary areas" is, also
relevant. From the debate in the'Senate, it is apparent that the sanctuary
areas in Cambodia lie adjacent to and west of the Cambodian-Vietnamese
border and extend for some distance inland into Cambodia, and That the
sanctuary areas of Laos lie in the panhandle. The broadest definition
which has a probability of political acceptance would include the Laotian
panhandle and the area of Cambodia east of a line coinciding with the
Mekong River in Cambodia north of Phnom Penh and an extension of that
line southwest to a point on the coast near to Kompong Som.
With respect to the Cambodian sanctuary areas, it is clear that
the authorization for funds to be made available for support extends only
to "Vietnamese and other Free World Forces in support of Vietnamese
Forces, " that is, to non-U. S. Forces based in and operating frc'n, South
Vietnam.
Appropriations Language
The language of Sec. 838(a) of the FY 71 Defense appropriations
Act is identical to the language of Sec. 502(a) of.the authorization act
(PL 91,441), with three exceptions:
(a) . The language makes appropriations available, rather
that authorizing appropriations to be made available;
(b) The authorization for appropriations to be made available
under Sec. 502(a) was limited to $2. 8 billion, and the appropriations
made available were limited to $2. 5 billion; and
(c) An additional provision was added in Sec. 838 of the
appropriations act to that which was contained in Sec. 502(a) of the
authorization act (PL 91-441), to wit: "Provided further, that nothing
contained in this section shall be construed to prohibit support of actions
required to insure the safe and orderly withdrawal or disengager-ient of
U. S. forces from Southeast Asia, or to aid in the release of Americans
held as prisoners of war. "
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A brief summary of the evaluation of the foregoing conference proviso
is useful in determining its intended application..
As reported by the House Appropriation Committee and passed by the
House, Sec. 838 of the Appropriations bill provided:
"Appropriations available to the Department of Defense during
the current fiscal year shall be available for their stated purpose to
support: (1) Vietnamese and other free world f >rces 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. 11
As reported by the Senate Appropriations Committee and passed by
the Senate, Sec. 838 was amended to limit the av-ailable approp)-iations
to $2. 5 billion and to. add verbatim the so-called "restricting" language
included in Sec.' 5O2(a) of the authorization act, which includes the
F ulbrigh.t Amendment.
In the first conference report on the appropriations bill, a proviso
was added at the end of Sec. 838(a) at the insistence of the House conferees
which stated:
"Provided further, that nothing contained in this section
shall be construed to prohibit support of free world or local forces in
actions designed to promote the safe and orderly- withdrawal or disengage-
ment o:E U. S. forces from Southeast Asia or to afcl in the release of Americans
held as prisoners of war. 11
In the second conference, this language was modified in wording to
the version finally passed. It is significant that the second conference also
modified Sec. 843 (prohibiting use of U. S. ground combat forces in Laos
and Thailand) by deleting the Senate extension of this prohibition to Cambodia.
These were the only two changes made in the second conference.
In explaining the position of the House conferees on Sec. 8 38, after
the second conference, Chairman Mahon, after quoting the Fulbright
Amendment, which the Senate had added to the authorization bill, stated:
"This provision appeared to be a direct denial of any right on
the part of the President to use funds in the Defense appropriation bill
for the support of the South Vietnamese or other free world forces in
their efforts to prevent a Communist takeover in Cambodia or Laos.
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From the standpoint of the House conferees on the Defense appropriation
bill, this language, which had been enacted into law, was intolerable at
this particular point in time.
"Almost identical language was incorporated in the SF.'nate
version of the Defense appropriation bill. The House conferees refused
to adopt the language, tie the President's hands, and make it impossible
for him to use funds in the bill to support South Vietnamese and other
free world forces in their efforts to prevent a Communist takeover in
Cambodia or Laos.
"So, in the first conference we had with the other body, we
left this language, which became known as the "Fulbright amendment, 11 in
the bill, but we modified the amendment by attaching the following proviso:
"Provided further, That nothing contained in this
section shall be construed to prohibit support of free
world or local forces in actions designed to promote
the safe and orderly withdrawal or disengagement of
U. S. forces from Southeast Asia or to aid in the re-
lease of Americans held as prisoners of war.
"That language gave the President considerable latitude in the
use of Defense funds to support the Vietnamese and other free world
forces in their efforts to make Vietnamization operative, in their efforts
to make the disengagement of U. S. troops possible, and in their efforts
to prevent a very drastic deterioration in their military situation by a
complete Communist takeover in Cambodia or Laos.
"So, in the conference today with the other body we a?,-reed
to include the objectionable language, which I have quoted, but -,-e. insisted
upon a proviso which in substance is approximately the same proviso as was
contained in the original conference agreement. This relates to section
838 of the Defense appropriation bill. The new proviso is as follows:
"Provided further, That nothing contained in this section
shall be construed to prohibit support of actions required
to insure the safe and orderly withdrawal or disengage-
ment of U. S. forces from Southeast Asia, or to aid in
the release of Americans held as prisoners of war..
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"We thought that this sufficiently modified the provision in the
bill which relates to the same subject and which was very restrictive
upon the President.
"The fact is that the language in the Defense Procure rrient
Authorization Act -- Public Law 91-441 -- raised grave doubt in my
Mind as to whether or not that language actually would control tae
Defense appropriation bill carrying the money, but since this language
had been almost identically repeated in the Defense appropriation bill in
the Senate, it was thought we should take some action to modify what we
consider to be the very damaging language to which I made reference.
"So it seems to me the House of Representatives has performed
a good function in making it possible for the President to have the latitude
which is required to exercise his judgment, to meet the situation in
Southeast Asia from the standpoint of the use.of South Vietnamese and
other free world forces. "
In the Senate, after noting that the Senate had amended the section 838
of. the appropriations bill to include the Fulbright amendmennt, and after
reading the language of the amendment, Senator Ellender, Chairman of the
Senate Conferees, and Manager of the appropriations bill in the Senate,
stated:
"The Senate amended section 838 of the bill dealing with funds
for the support of free world forces to include the following provision
which ryas included in section 502 of the Department of Defenser'rocure-
ment and Research and Development Authorization Act:
"Provided further, That nothing in clause (1) of the
first sentence of this subsection shall be construed as
authorizing the use of any such funds to support
Vietnamese or other free world forces in actions
designed to provide military support and assistance
to the Government of Cambodia or Laos.
"The House conferees strongly opposed this provision on the
ground that it tied the hands of the President in his efforts to bring
about a withdrawal of U. S. forces from Southeast Asia. However, they
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finally agreed to accept this amendment if the following provision were
included, which is applicable to all of section 838:
"Provided further, That nothing contained in this
section shall be construed to prohibit support of
free world or local forces in actions designed to
promote the safe and orderly withdrawal or disengage-
ment of U. S. Forces from Southeast Asia or to aid in
the release of Americans held as prisoners of war.
"The Senate conferees accepted this proposal.
"I was surprised to learn that there was considerable opposition
here in the Senate to this provision, and as I stated, it is one of the issues
that prompted me to move to table the first conference report and send the
bill back to conference to attempt to get the House conferees to recede on
this point.
"I regret to inform the Senate that the House conferees were
again adamant on this provision, and after considerable discussion in the
second conference on this matter, the Senate conferees accepted the
following new proviso:
"Provided further, That nothing contained in this
section shall be construed to prohibit support of
actions 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.
"I am convinced that in order to obtain an agreement in the
conference committee, we had to accept this proviso.
"Mr. President, I think the intent of this provision was fully
discussed in a colloquy here on the floor earlier this evening. However,
as chairman of the Senate conferees, I want to make my position on this
matter abundantly clear. It is certainly not the intent for the executive
branch of the Government to interpret this proviso as the authority for a
large-scale invasion, by South Vietnamese or other free world forces of
North Vietnam, Laos, Cambodia, or any other country, and I ar_i confident
it will not be so interpreted.
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"Throughout the consideration of this bill, and especially with
respect to the $2-1/2 billion that is authorized for the support of free
world forces, it has been my position that these funds were to be used
in order to restrict the scope of the present conflict in Southeast Asia,
and I know of no possible way to place an interpretation on these various
provisions that would justify an expansion of this conflict. "
The tenor of the earlier Senate debate referred to by Senator Ellender,
although not free of ambiguity, was consistent with the above quoted posi-
tion of Senator Ellender. (A substantial part of that debate focused on the
meaning of the "Prisoners of War" portion of the proviso and the change to
section 843, which are not pertinent to the issues which are the subject to
this memorandum). For example, in that earlier debate, Senator Stennis
stated that:
"The added House language merely allays any fears on the part
of the House that this restriction would in any way prohibit actions designed
to promote a safe and orderly withdrawal.
"Let ine emphasize, Mr. President, that there is no intent to
permit an expansion of the war with any of this added language. There is
no intent to authorize the use of South Vietnamese or other free world
forces to go to the rescue of the Government of Cambodia or Lao:: with
the use of these funds. I consider that the colloguy between myself and
Senator Fulbright on the procurement bill still stands - that is, that none
of these restrictions are intended to prevent actions intended to keep the
sanctuaries clear and to prevent Vietnamization. At the same t me the line
is clear that it is not meant to provide a device for military support of
these two governments with Department of Defense funds. " [emphasis added]
Following that statement by Senator Stennis, Senator Fulbright
observed that: "I think that what the Senator from Mississippi has in
mind about this matter is very similar if not the same as mine - that is
not to expand the scope of the war and not to authorize the payment with
our money for the Vietnamese Army to go in and occupy indefinitely the
territory of Cambodia or Laos for that matter - but Cambodia is the one
that has been primarily and directly involved. " [emphasis added]
Thereafter, in response to a question by Senator Fulbright, Senator
Ellender answered as follows: "We have made it clear that these funds
cannot be used to support the South Vietnamese in actions to support the
governments of Laos and Cambodia. However, this proviso makes it clear
H1 ? ,flit 1
t
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that these funds can be used to support South Vietnamese and other free
world forces in actions designed to bring about the withdrawal of U. S.
forces from Southeast Asia, and to aid in the release of American
prisoners of war. -
"As I said, what was intended and what the House voted on was
simply to give the President the right to support Vietnamese arid other
free world forces in order to help extricate Americans from Southeast
Asia if it becomes necessary. It is just that simple. And that is all
that lan ua e means" [emphasis added]
Subsequently, in a colloquy with Senator Allott, Senator Fulbright
stated that, except for that part of the proviso dealing with prisoners of
war, he was not "bothered" by the proviso "as interpreted by the Senator
from Mississippi and other language he put into the report. "
Finally, at the conclusion of this earlier debate, Senator Stennis
remarked: "I think this is a final solution that resolves the consensus of
opinion. I am happy that those on the other side, if I may use that term,
see a foundation for coming together.
"I want to make clear, though, that we must leave that authority
with the President to act in the circumstances as outlined by th,_ Senator
from New York with reference to Vietnamization, the protection of our
troops, or the invasion, reinvasion, or incursion, whatever the Senator
might call it, of Cambodia, if reasonably necessary to carry of t the
protection and the drawdown, which has many problems. "
As a consequence, the conference proviso, consisting of the last
proviso of Sec. 838(a), must be construed as intended to provide additional
latitude for the support of Vietnamese and other free world forces in sup-
port of Vietnamese to operate in Cambodia if necessary to "insure the
safe and orderly withdrawal or disengagement of U. S. forces in Southeast
Asia. " It is clear from the record that the Senate considered the first
conference proviso as a -substantial modification of the Fulbright amend-
ment, for it prompted Senator Ellender, according to his own statement
to go to conference a second time. There was little, if any, change in the
thrust and meaning of the proviso in the second conference, which Senator
Ellender "regretted", but on which he advised the Senate that House conferees
were "adamant".
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MASI' Clearly, the final conference proviso provides authorization to use
support of Vietnamese forces, and other free world forces in
and local forces' engaged in activities
which exceed the limits intended in Sec. 502(a) of the authorization act.
Conclusions
Without regard to the conference proviso in Sec. 838(a) of the FY
1971 Department of Defense Appropriations Act, the use of MASF for the
following purposes is authorized:
(1) Support of Vietnamese and other free world force:;-in
support of Vietnamese forces operating:
(a) In Vietnam;
(b) In "sanctuary" areas of Laos and Cambodia.
(2) Support of "local forces" operating in Laos and Thailand.
In contrast, the use of MASF, in the absence of the conference proviso,
does not appear to be intended to be authorized for the following:
(1) Support of Vietnamese and other free world forces in sup-
port of Vietnamese forces if they are engaged in actions in Cambodia or
Laos
(a) beyond the sanctuary areas or
(b) in actions in support of the governments of Cambodia
(2) Support of "local forces" in Laos or Thailand if they become
engaged in actions outside the one of the two countries in which they are
"local".
. The conference proviso, to be given any meaning, must be con-
strued as extending the purposes for which the funds are made available
by modifying, to some extent, the foregoing limitations, under circum-
stances where the action supported is "required to insure the safe and
orderly withdrawal or disengagement of U. S. forces from Southe:~st Asia,
or to aid in the release of Americans held as prisoners of war".-
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3f 090004-6 14
From the debate in both the House and Senate, it appears that the
conference proviso was believed by the house to be required bec.a.use of
the insertion of the Fulbright amendment to moderate its insertion. The
Fulbright amendment is drafted as a limitation on authority othc rwise ex-
tended. No authority was included for support of "local forces" in Thailand
and Laos outside those countries, so the conference proviso could not be
construed to expand the purposes for which funds are made available in
Sec. 838(a)(2.) (support of "local forces in Laos and Thailand").
(It should be noted that although the Fulbright amendment is applicable
only to clause (1) of Sec. 838(a) (Vietnamese and other free world forces in
support of Vietnamese forces), the conference proviso is applicable to the
entire section (including "local forces" in Laos and Thailand)).
Consequently, it must be concluded that the conference proviso has
the effect of expanding the purposes for which funds are otherwise available
for the support of "Vietnamese and other free world forces in support of
Vietnamese forces".
The most significant limitation applicable in the absence oi' the
conference proviso is the sanctuary area limitation. The most logical
construction of the intent of the conference proviso is therefore to make
the funds available for the support of Vietnamese and other free world
forces in support of Vietnamese forces "to engage in actions beyond the
sanctuary areas of Cambodia and Laos when necessary" to insure the
safe and orderly withdrawal or disengagement of U. S. forces in Southeast
Asia or, to aid in the release of Americans held "prisoners of war".
A second significant limitation which debate on the Fulbright amend-
ment indicates was intended is the exclusion of availability of funds to
support Vietnamese and other free world forces in support of Vietnamese
forces in actions to support the governments of Cambodia or Laos. It is
less clear whether the conference proviso is intended to make fluids avail-
able for support of such forces in operations to support 'the government of
Cambodia or Laos under circumstances where such actions are determined
to be necessary to insure the safe and orderly withdrawal or disengagement
of U. S. forces from Southeast Asia. The conference proviso is susceptible
to an affirmative conclusion, although the contrary view could be supported
with some substantive arguments, and there is a probability of a political
confrontation with some members of the Senate should such a conclusion be
reached.
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Fund Limitations
As a practical matter, the most constraining provision ap,-)iicable
to MASF in FY 1971 may prove to be the $2. 5 dollar limitation of funds
available for the purpose. No dollar limitation has been effectively
imposed on the availability of defense appropriations in prior years.
In FY 1971, a total of $2. 3702 billion of the $2. 5 billion available
is currently programmed for ongoing programs. This leaves relatively
little for financing new programs from MASF, and requires alternative
financing sources, such as Cambodia MAP and PL 480 of the 83rd Congress,
to be utilized to the extent possible.
Summary
Based on the conclusions of this analysis, support of operations can
be financed or appear to be improper as follows:
(1) Vietnamese and other free world forces stationed in or
operating from Vietnam can be financed from MASF for operations in
sanctuary areas in Cambodia and Laos.
(2) By virtue of the conference proviso in Sec. 838(a) of the
FY 1971 appropriation act, such forces can be financed from M. NSF for
operations beyond the sanctuary areas in Cambodia and Laos if a determina-
tion has been made that they are necessary for the "safe and orderly with-
drawal or disengagement of U. S. forces" from SEA, or to aid in release of 25X1
American POWs.
ILLEGIB
(5) MASF should not be used for the support of any free world
forces engaged in actions designed to support the government of Cambodia
unless a determination has been made that such support of the Cambodian
l` /2717:1'
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Fu1 1_ ,imitations
a practical matter, the most constraining provision applicable
\Ar
g
to MASF 1 i FY 1971 may prove to be the $2. 5 dollar limitation of funds
available fOr the purpose. No dollar limitation has, been effectively
imposed on the availability of defense appropriations in prior years.
In FY 1971, a total of $2. 3702 billion of the $2. 5 billion available
is currently programmed for ongoing programs. This leaves relatively
little for financing new programs from MASF, and requires alternative
financing sources, such as Cambodia MAP and PI... 480 of the 83rd Congress,
to be utilized to the extent possible.
Summary
Based on the conclusions of this analysis, support of operations can
be financed or appear to be improper as follows:
(1) Vietnamese and other free world forces stationed in or
operating from Vietnam can be financed from MASF for operations in
sanctuary areas in Cambodia and Laos.
(2) By virtue of the conference proviso in Sec. 838(a) of the
FY 1971 appropriation act, such forces can be financed from MA` Y for
operations beyond the sanctuary areas in Cambodia and Laos if a determina-
tion has been made that they are necessary for the "safe and orderly withdrawal
or disengagement of U. S. forces" from SEA, or to aid in release of American5X1
POWs.
(5) MASF should not be used for the support of any free world
forces engaged in actions designed to support the government of Cambodia
unless a determination has been made that such support of the Cambodian
government is required to insure the safe and orderly withdrawal or dis-
engagement of U. S. forces from SEA, and then only if no other alternative
is available.
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 l.i
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(6) MASF funds are programmed for ongoing programs nearly
to the extent of funds available ($2. 3702 of $2. 5 billion), and the resulting
limited flexibility should be considered in selecting the method or financing
new operations.
State Dept.
Geode 1-1. Al-drich
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SECRET
Journal - Office of Legislative Counsel Page 2
Wednesday - 30 June 1971
5. Briefed Bill Woodruff, Counsel, Senate
Appropriations Committee, on two major failures in the Soviet space
program and the promising initial performance of a sensitive Agency project.
I provided Woodruff with a breakdown of the figures for operations
involving the Agency in Laos for FY 72 - both our own operations and
those financed by DOD.
In discussing Chairman Ellender's plans for the commun-~.ty
Defense budget, Woodruff commented that the testimony of Admiral Gayler
in defense of NSA has not gone over at all well. He said Chairman
Ellender remained determined to make substantial cuts in the budgets
of NSA and DIA and estimated that these cuts might approximate $400
25
million.
Woodruff feels there is an even or better chance that son-te form of
the Symington amendment limiting U. S. expenditures in Laos to $200
million for FY 72 would pass the Senate.
6. Briefed Ralph Preston, of the House Appropriations
Committee staff, on two recent Soviet space failures and promising initial
performance of a sensitive Agency project.
In response to my question, Preston said he thought the House
would welcome, and follow along with, major cuts in the community Defense
budget advocated by Senator Ellender.
7. Met with Senator Peter Dominick (R. , Colo. )
of the Agency's Armed Services Subcommittee, and briefed him on two
recent Soviet space failures and status of Soviet ICBM silos.
8. ( Briefed Russ Blandford, Chief Counsel, House
Armed Services Committee, on two recent Soviet space failures and
promising initial performance of a sensitive Agency project.
SECRET
X1
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