AMENDMENT TO MILITARY PROCUREMENT AUTHORIZATION BILL (H.R. 17123)

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CIA-RDP72-00337R000400110033-7
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September 1, 1970
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Approved For Release 2005/07/13 :CIA-RDP72-003378000400110033-7 1 September 1970 MEMORANDUM FOR: Deputy Director for Plans Deputy Director for Intelligence Deputy Director for Support Deputy Director for Science & Technology General Counsel SUBJECT Amendment to Military Procurement Authorization Bill (H. R. 17123) 1. On Friday the Senate approved a modified version of an amendment by Senator Fulbright which provides a statutory basis for requiring the Director or any other agency head to supply four designated committees (Senate Foreign Relations; House .Foreign Affairs; Senate and House Armed Services) any report, study, or investigation financed in whole or in part with Federal funds and made by a person outside the Federal Government. The right of executive privilege exercised by the President is specifically recognized in the amendment as a basis for refusing to comply with a com- mittee request. 2. The language of the amendment is on page 5.14571 of the attached extract from the Congressional Record. Thee-floor discussion preceding its adoption provides the context in which the amendment was proposed, explained, modified, and adopted. 3. Taken literally the amendment could be cited as applying to such things as a report from a foreign intelligence service`or any other source, regardless of sensitivity, as long as the source was "outside the Federal Government" and Federal funds were involved. 4. The views of the addressees on this amendment are requested with specific illustration of its adverse impact so that an Agency position can be arrived at before the matter is settled in Conference Committee. The Con- ference Committee will probably be convened shortly after Congress returns on 9 September. JOHN M. MAURY Legislative Counsel Att ,, ~.. ~. , Approved For Release 2005%07/13 : ~CI~~F~~6P72-003378000400110033-7 Approved For Release 2005/07/13 : -CIA-RDP72-003378000400110033-7 August ,28, Y 9T D CONGR.ESSI(ONAL RECORD -SENATE S 14~f 7 by the emd of next year is specifically recog- of the public Will, particularly among our The administration has often argued nizea in the language of the amendment as young, for a rapid and total withdrawal that uncertainty is the greatest strength a reflection of the President's own state- of U.S. forces. of its poliCy~-and that this amendment menu. Unless the President wishes ~to deviate Moreover, it is a special Strength Of will eliminate that tactic. from this withdrawal policy, there are com- the present amendment that it has been Indeed it will, Mr. President, and that pelting reasons why he should welcome a can- - gressionai reaffirmation ai it. expanded to meet also the deep and le- fs perhaps the intimate virtue of the The President has, to be sure, opposed past gitimate concern of many Americans amendment. For ;the cost of calculated efforts to set a date for the windup of the that withdrawal could mean the expo- obscurity in our Vietnam policy kids been Vietn>mese affair. He .has feared that the sure of our dwindling forces to enemy far too high. axing of a Gate would take pressure off the attack. There can be no real argument A Hanoi uncertain of our objectives North Vietnamese to negotiate an end of the that this legislation somehow ties the has been intransigent at the conference war. But if Gongress fixes a .date which the President's hands in defending our men table and unremitting on the battlefields. President could postpone or even eliminate with the consent of Congress, when the time in Vietnam. On the contrary, by provid- A Saigon uncertain of our policy has - came, the North Vietnamese would, as the ing the President explicit authority to been slow to gather the strength, as it Foreign Relations stair memorandum notes, defend our forces as he judges necessary must, to stand on its own feet. have no assurance that mere stalling would to secure our withdrawal, this amelld- And most important, an America Un- redound to their advantage. ~ ment would bring our men home safely certain of our course has been as tra- in any event, it seems to us that the aa- and honorably as well as soon. gically and dangerously divided as at any vantages of having a cangressionnl with- I should point out in particular, Mr. moment since the Civil War. drawal policy on the books greatly outweigh President Nixon has told us again and any dlsaavantages that might be encoun- President, that the amendment also pro- tered apt the negatiating table. Such legisla- vides full authority to the President to again that the heart of the matter is not tion would put the Presidernt under pressure do all he can to secure the release of our .whether we end this war, but how we to carry out the evacuation at the earliest prisoners of war in North and South end it. feasible date. it would pint our military Vietnam. The barbaric treatment of And that is true. We have a clear choice leaders-and our aiptomalts, as wen-o~xi those men and the anguish of their loved .of paths to follow. notice that the national policy Ss irreversible. ?~?a y,o?o ~+ >,,,,,,a ;~ an annrmni~c tran_ ~ We Cari Continue the equiVOCatiori - " `"" ~"' -- - ' " ing of what the score is snd wauid be able to ~`"~' ~` ~???? ^a`? ~"~ ~' '~"` adjust its policies accordingly. So long as amendment recognizes the constant ab- isation which passes for a plan, the bluff there is hope that the President may change , ligation of the Congress as well as the and lashing out-as in Cambodia-which his mind under pressure the Thieu govern- Executive to work toward the liberation passes for strength and manly purpose. ment is more likely to avoid the hard ae- of our men as rapidly as possible. Or we can make good on the pledge for ciaions that are essential to a future for South yet this act of Congress would speak ~ peace we all avow. We can undertake a Vietnam without American manpower for its not Only to the hopes of America. Its truly national policy to end this. war. a i e ense. That alone will speed the return of Behind all the arguments-for and against message would be equally clear to friend this amend-ment is the even more vital iact and foe in Vietnam. our men held prisoners. that the Senate is making a bid to get back. To South Vietnam, whose r~esponsibili- That alone will flush out an elusive We WOUId bC eriexny. irLto the policy-making arena in regard to ties We have borne too long , war and peace. We think the PresSden~t should serving fair notice that finally-after the That alone will insure our aCCOmp13511- welcome that effort as a bed-rock Smperative hollow rhetoric of two administrations- menu in Vietnam. of American democracy, if the present amend- Asian boys are indeed going to have to That alone will redeem the pledge ment is not satisfactory to the administration fight Asian wars. made by President Nixon in his campaign in all particulars, asxrendments can always The lessons of the last 16 years are to bring America together. be suggested. But Lt would be tragically short- Sa what we are about in this legisla- sighted tar the administration to take an vivid. Nations-much as men-are stifled tion, Mr. President is nothing less than a arbitrary stand agarlnst. congressional action by patronage and strengthened by chal- designed to underscore and glue comgress?fon- lenge. If the Army of Vietnam is to be test of the long-professed commitment si support far the President's own pallet'. truly effective, if the democratic ele- of the Congress and Executive alike. Orderly ,terminatlpn of tae war ae room as ? menu of the country are ever to pull Vise face the choice squal?ely. The Sen- feasible ought to be the joint policy of the themselves together, iP an independent ate can share with the President the awe- two political branches, and it >s aoubtiul that nation is in fact to be built in South Viet- some burden of making peace with Viet- there will be a better opportunity than the .nom, the best incentive we can provide is nom and ourselves. Or we can spurn once preservt to make St so. Mr. MONDALE. Mr. President, the de- to sure knowledge that the time has come mNo more fateful choicebhasaconfronted for them to shoulder the primary respon- bate we begin-today marks a singular sibility of their own defense. the Members of this body. moment in the history of the Senate. To Hanoi, this amendment also con- rrDME~r~ ,fig. bra As so often when decisions in this .vet's a challenge and an incentive which Mr. FULBRIGHT. ^Nlr. President, I Chamber are most grave, the issue itself might well be decisive in reaching a ne- ts mast clear. The Hatfield-McGovern gotiated settlement. ask 'unanimous consent to call up my amendment No. 814. amendment represents, as many of my For months, the North Vietnamese and The PRESIDING OFFICER Without . .'distinguished colleagues have pointed their supporters have been telling us that objection, the amendment will be stated. out, a reassertion of congressional au- the first imperative of successful negoti- The assistant legislative clerk read the thorny in the fateful choices of war and ations, and the key to departure of their proposed amendment, as follows: peace-a reassertion so plainly required own troops from South Vietnam, would On page 14, between lines is and 19, insert by the Constitution and so long overdue. be a specific commitment to the with- the following: But beyond the momentous question of drawal of U.S. forces. This amendment vsEa. 2os. (a) Notwithstanding any other the balanee of powers in our Govern- calls that hand for all the world to see, 'provision of law, beginning with the fiscal menu the purpose of this amendment is Nar can Hanoi find ready advantage .Year beginning July 1, r9vr, no funds appro- still more. simple and fundamental. ~ in this amendment for their own position Prlated to or for the use of the Department My colleagues and I rise today to stop On the ground. To .lie and wait insures of Defense for any fiscal year may bo ex- at last the killing and maiming of Amer- them nothing when the President, with pended for carrying out research or study scans in Vietnam. consent of the Congress, can adjust our projects involving iorolgn affairs, foreign areas, or related matters except to the extent The historic merit of this amendment, withdrawal to meet any contingency, that the total amount expended. for such Mr. President, is the unmistakable mss- And how confidently can Hanoi ignore a 'purposes in such fiscal year Goes not exceed sage it would carry from the Congress to settlement now when the notice of our an amount equal to the total amount ex- the Nation and the world. withdrawal is likely to galvanize the non- pended by fire Department of state in the To the American people, unanimous in Communist forces of South Vietnam as immediately preceding fiscal year for research their yearning for peace, it would af- never before? The shrewd men in Hanoi -and study projects (involving foreign affairs, firm that the years o8 illusion and mss- could -well conclude that the price of. a foreign areas, or related matters) which were direction and terrible s ifice irr thi ar a lemen be t~ conducted for the Department of state by ~p~rovec~ ~`or ~s~~~/Nt ? ~-rf~r x~~O~0~~ ~ nQE?~r~p~~ogtside such De- . are #Yrially coming to ~ r e 'T'!i dt ~.~fx u$$t expended by It would express that large measure: waiting. iilre-Department of Btate in~ any fiscal year S 1!~xia. Approved For Release 2005/07/13 :CIA-RDP72-003378000400110033-7 - CONGRESSIONAL RECORD-SENA'7CE August ~8, Y9~'0 for such f,.,,; ??`~ shall include amounts transferred t ~ .? Lepartment of Stnto iroln other depot i.r.- r~ rs and agencios for the pur- pose of havi?raz -=^rh projects carried out un- der the dlrecttc~~ ~.t the Department of State. (b) The hca!f ~+! !;3ip department or agency of the Federal ! _:,~ crnment shall, in responso to any request urn.tle to him in writing by a committee of the Congress, promptly sub- mit to guch_committee a copy of any report, study, or invegtlgatlon requested by such tion wag financed in whole or in part wltli Federal funds and was made by a poraon outside the Federal Government, except that this requirement shall not apply in the case of any report, study, or investigation with respect to which the President exercises the right of ,executive privilege. Mr. FULBRIGHT. Mr. President, it is a simple amendment and I hope that the managers of the bill will accept it. The amendment would: First. Limit the Defense Department's spending for research by outside orga- nizations on foreign affairs matters to not more than the amount applopriated, or transferred by other agencies, to the Department of State in the preceding fiscal year for such research; and Second, Insure that congressional com- mittees are given access to Government-. financed research studies carried otit by private individuals or organizations un~ less "executive privilege" is invoked. In the last fiscal year the Department of Defense spent $9 million for outside ? research on foreign affairs matters, 72 times the $125,000 appropril~ted to the Department of State for its entire ex- ternal research program, including coil- tracts, consultants, and conferences, In its report on the Defense authoriza- '~tion bill last year, the Senate Armed Services Committee wisely urged that $4 million of Defense funds for research on foreign affairs matters be transferred to ? other Government agencies, particularly the Department of State. In doing s~o the committee stated that: Defense Department activities in these two categories ("foreign military security en- ' vironments" and "policy planning studies") have grown up to fill a void caused by lack of information in this area available from agencies which may be more directly respon- Bible. But the Defenso Department's re- sponse to the committee's directive was 1970. And that came about only last June, as the fiscal year was ending, in all obvious attempt to show that it had not ignored the Committee's request entirely. The situation is little better this fiscal year. The Defenso Department's budget request for foreign affairs research is $9.9 million. And the State Department's request far external research is $35D,= 000---of which only $241,000 is slated for Committee is to be commended for recommending a 30-percent reduction in the Defenso regixesti---to $O.a million. But . tiffs cut will still leave a situation whom the military is spending nearly 20 times For the information of the Senate let me list a few of the titles of foreign affairs research projects carried out by the Defense Department infiscal year 1970 which are proposed for con- tinued funding in fiscal-year 1971. Un- fortuuately the amounts planned for fiscal year 1971 are classified but I can assure the Senate that they are sub- stantial : ~ FISCAL YEAR 1970-TITLE AND AMOUNTS Strategic Analysis of North Africa, Middle .East, and South Asia, $139,000. U.S., U.S.S,R., CPR Strategic Inter- actions and Response Patterns, $325,000. Soviet Military Policy, $255,000. European Security Issues, $70,000. Asian Security Issues, $312,000. Dimensions of International Conflict for Long Term Prediction, $200,000. World Event/Interaction Survey for Short Term .Conflict Prediction, $112- 000. ' forecasting International Defense Al- liances and Alinements, $100,000. Asian Regional Arrangements, and so forth, $325,000. Base Studies, and so forth, $400,000. My amendment would limit the De- partment of Dofense's spending for for- eign affairs research, such as these proj- ects, to not more than that spent by the Department of State in the last fiscal year for external research of this na- ture, including its own funds and any funds traiisferl?ed to State by the De- partment of Defense or other Govern- merit agencies: It would not only encou- rage Defenso to transfer additional re- search funds to the State Department, as the. committee has urged, but it would also give the State Department leverage for obtaining additional allocations dur- ing the budgetmaking process. In ex- plaining the committee's 30-percent re- , duction in this activity to the Senate, Senator McINTYaE stressed the need for transferring responsibility for this re- search to State. He said: It is the Committee's expectation that its action this year will underscore the need for additional such steps. both within the State and Dofenso Department themselves, and at the Bureau of .the Budget. My amendment will help to carxy but the committee's intent. Although the amount of money in- volved here is dwarfed by the size of other authorizations in this bill, the principle involved is important. Over the years the Department of Defense has moved into this and many other areas which al?e the proper responsibility of the State Department solely because it, and not the State Department, could get tho money from the Congress. This amendment will help restore the proper relationship between the responsibilities of the two Departments and insure that requests for financing this type of re- search will be given closer scrutiny than has been the case iii the past. ' The second part oP the amendment would require Govcrinnent agcucics to sure that the Congress is given access to research studies performed by the so- called think tanks, .the universities, or individuals whose work is paid for by the taxpayers.:The amendment recog- nizes the right,bf the President to with- hold "privileged" information from the Congress, and it also specifies that the mandate applies only to work ,performed outside the Government. This amendment is the oukglrowth of many efforts by the Committee on for- eign Relations to obtain a study prepared by the Institute fox Defense Analysis re- lating to the 19G4 Gulf of Tonkin inci- dent. It is my understanding that the study contains a review o:f what happened in the Gulf of Tonkin, how communica- tions were handled, and in general .how decisions were made. The purpose of the study, I was informed, was to determine what lessons could be learned for future crisis situations. I think that my col- leagues will agree that there is much that all of us can learn from that incident and its aftermath. The committee has attempted a number of times to obtain . this study from the Department of De- fense, but has been refused each time. The Institute for Dofenso Analysis re- ceives virtually all its funds from tho Department of Defense. In the 1970 fiscal year this organization received $10,130,- 000 from the Department of Defense and the Department proposes to give them $10,G50,000 in 1971. ' I believe that the Congress, which im- poses the taxes on the public to financo this organization, and which authorizes and appropriates the money for it, should have tho .right to see how that money is being spent. The issue here is far more important than this one study-lt is a question of whether the Congress has the. power to obtain information, prepared outside the Government with tax money, for which no claim of executive privilege hiis been made. The Senate is beginning ;o reassert its Constitutional prerogatives and to restore the proper balance to our politi- cal system. Passage of this amendment will be one small, but positive, step in that direction. Mr. President, I 3?ccognize that these practices have grown up over the past several years during a period of wartime. I sincerely hope that we are beginning to wind down the war and that before too long we will return to a period of more normal civilian control and par- ticipation-especially participation by Congress-in decisions involving our na- tional security. I hope that this amendment will be ac- cepted by the distinguished Senator from New Hampshire. He has been very co- operative on this matter, last year, and this year. Mr. McINTYRE. Mr. President, in dis- cussing the amendment offered by my good friend, the Senator from Arkansas, I would like first to address myself to that part of amendment No, 814 which is labeled section 20G(a). !~'~t i~?$~~~ ~,q?s~~?(egVte~~ ~pyipLO~g~xt0~~>7tp~},~~narks of my distinguished the agency tip a ~Sti ~`7'Y~' ed ouuttsidd~e he overnrnen wliis_h c Il~ague rom Arkansas (Mr FvL ? .: sponsibility for conduct of the Nation's was financed in whole or in part by the- salcxx). I must admit in all candor that ' foreign policy. sponsoring agency, The purpose is to in- I sham his commitment to an increased Approved For Release 2005/07/13 :CIA-RDP72-003378000400110033-7 August ,28, 1970 CONGRESSIONAL RI;COIZD -SENATE 14569 role for the State Department in foreign should be taken over by those agencies, par- reduction was directed primarily to work area research, an endeavor in which it titularly the nepa~?tment of State. This jn counterinsurgency operations and th should bo with the unaerstanain t] t n has la ed 1 t t a n S t f gg i 0 O a poin o delrri subsequent requests for funainggautharity work proposed by the military services quency' will bo made by theso other agencles in their ,but deemed m01'e appropriate either to ? Let me review briefly the action which, future budget presentations which Congress the State Department Or the Intern~- the Armed Services Committee has taken should be prepared to consider carefulry in. tional Security Affairs Office of the De- in the past 2~ years in this Foreign re- light of this suggested change. The Depart- partment of Defense. The remaining search area to reduce DOD's role and in- meat of nefense shoirla actively seek agree- funds are earmarked for projects which, Crease State's. ments for transferring approximately ~4 mil- Whi1C Of intel'CSt to the State DCpal't- hon of , .. fiscal 197o fuuas (earmarked f The Defense De artme t' f i p n s ore gn area or , went, bear a clear relationship to tho research program has alwa s repre_ foreign area research) to other agencies, y Defense Department's own mission, rented onl 'a s ll f it t y ma par o s work on It should be clear to my colleague that the behavioral and social sciences. The the Arrned Services Committee intended great bulk of its effort has been expended that the shift from Defense Department in the areas of: first, human perform- support to other agency support be ac- ance-studies of the performance of men complished in an expeditious but orderly under stress; second, manpower selec- manner. Lion and training-studies oP the best However, as the result of a successful methods for training men for various po- floor amendment introduced by the Sen- sations in the Armed Forces; and third, ator from Arkansas last year, the De- human factors engineering-studies to pal?tment's program was subsequently 1?e- insule that military hardware is designed duced another $2.8 million, from $11.8 for safe, efficient, and effective use under million to $9.0 million. One effect of this battlefield conditions. The- foreign area additional reduction w t as o wipe out research budget of the Department is it- almost 70 percent of the funds earmarked self divided into two components-for- by the comrnitt f t ee f gent ea brrnging it to a level of $6.8 million, This grass to get State moving in this areal EXHIBIT N0. 1 '" ? BEHNVIO'RAL AND SOCIAL'SCIENCE pn thousands of dollars) a and that during the comingt8scahyear the illg examiriatigri. AS a reslzlt of this ex- Committee, what actions he has takers management of certain projects_of interest amination, it recommended a reduction to increase State's own foreign area re- to the Department of state, the arms con- of $3.1 million-over 30 percent-flour search budget. in recent years, and just trol and Disarmainertr~t Agene"y, the National the Department's proposed budget, ,what he feels has to be done by the Con- Acienoe Foundation and other 1 a or lans el to other eign military security environments and . agencies. policy planning studies. Mr. President, as Despite this lass of funds, efforts were background to my discussion, I ask made by the Defense Department to ini- unanimous consent tc have printed in ' tiate not a tl?ansfer of additional funds to the RECORD at the conclusion of my re- the State Department directly, but the marks a table of Department of Defenso allocation of some funds to a collabora- funding of social and behavioral science tive State-DOD research program. Less research for fiscal years 1969-71, than 2 months ago an agreement was The PRESIDING OFFICER. Without finally reached whereby $483,000 of fiscal abjection, it is so ordered. 1970 funds were made available fo1? such (See exhibit 1J work.. Mr. McTNTYRE. Mr. President, last The fiscal 1971 Defense Department Year the Department's foreign area re- budget included., a request of $9.9 mil- search budget request was $13.3 million, lion for foreign area research, In light The committee recommended a reduc- of the Department's reluctance to ap- tion of $1.5 million and coupled this re- ""prove outright transfers of funds to the duction with the following language in State Department and in light of the the committee report: policy expressed in section 203 of last The Committee believes measures should year's bill,. the committee subjected this be taken to transfer a number of these eF- request to a thorough, almost painstak- forte to other i Budget ,Actual Re- Recom- 1969 1970 1970 quested Change mended -Human performance: Army ................. 400 600 ? 500 Navy..............:... 2,400 ,x,500 1,000 Air Fo c - r e .............. 500 700 300 Defense agencles._._... 3, 600 2, 500 2, 700 7otal._: ............. Manpower selection antl training; 1, 000 -300 700 1,000 _.__...___ 1,000 200 ..._.__-__ 200 2, 700 ' -200 2, 500 Army ................: 5, 700 6, 100 --4 600 5, 500 -500 5, 000 Navyy__________________ 9,900 10,800 8,200 9,000 -700 8,300 Air Force______________ 3, 500 5, 100 5, 200 8, 900 -700 8, 200 Defense agoncies__..___ , 2, 400 3, 300 3, 400 3, 800 -200 3, 600 Total____..:...,_____ 21, 500 25, 300 21, 400 27, 200 -2,100 25, 10D nrmY ................. 1, BDO 2,100 1, 500 ,1, 800 ..___.___. 1, 800 Navyy ................. 1,200 1,300 900 1,200 _...._____ ],200 Air Force______________ 300 3D0 200 200 ...__...._ 200 Defense agencies____________________________ ??-----._....3.2-?----?----------~----- Total-._-----?,-??- 31300 ,20 Foreign military security environments: Army ................. 2,600 NaYY------?--?'-._?- 300 Air Forca .............. 1,100 Defense agencles_....._ 3,200 Budget Actual Re? Recom- 1969 1970 1910 quested Change mended Policy planning studies: ArmY-_---??--?---.: 1, 700 NavY__________________ 800 Air Force_____________. 1,900 Defense agencles..._... - 2, 000 Total ................ Summary: Army- ?----?---...... Navy ...............:.. Air Force .............. Defense agencfes..._... Plq,ns for a jointly-staffed State-DOD foreign area .research coordinating com- mittee under National Security Council auspices are well underway. The com- mittee should be. established soon, after which funds for those remaining foreign area 1esearch projects in DOD's budget which are of interest to State also will be made available to the committee and the projects conducted on a collabora- tive basis. I submit that the committee has done all it can hi the past 2 years both to eliminate Defense Department involve- ment in foreign area research not rele- vant to its own mission and to increase the State 'Department's participation in this work. I agree that the latter goal has. not yet been realized to an appro- priate extent, but I feel that future pres- sures toward this end should be applied not to the Defense Department but to State. itself -and to the Bureau of the .Budget as the agency with overseeing responsibility as regards the composi- tion of State's budget. As for the Defense Department itself, its foreign area re- search budget has now declined from $16.1 million in fiscal 1968 to a comrrlit- tee-recommended fiscal 1971 budget of $8,8 million, an overall 1'edllction of 58 percent. I would like to ask my colleague, as chairman of the Foreign Relations 12, 200 14, 600 7, 300 11, 200 2,900 1,900 2,900 -1,300 1,600 300 200 200 ________-_ 200 1,100 --?-------------- -- 2,600 2,600 2,600 ----~- ~---~-~--?--- -500 2,100 1, 500 1, 100 1,100 -400 700 700 600 50D -200 300 2, 300 1, 600 1, 600 -4U0 1, 200 2, 900 13, 200 9, 600 12, 300 -2, 500 9, 800 15, 600 10, 900 11, 900 -900 11, 000 9,100 6,700 10,300 -1,000 9,300 10, 700 10, 300 10, 700 -1, 300 9, 400 IA-R~f~'?7-s~-003371~EJ~9~4@~1~107 45,200 -5, 700. 39, 500 ' IJ 1`rJ / V l~V1V V4\L' JJ11.J1V 11~ i\JL:q~V1l y~ ^ SR:lyA l li' ~4uyust ;~.~, ./ y rG Mr, r`ULBRIGHT. Mr. President, the it should not have been done by the De- play a major role and that the State De- only concrete action was the action that partment of Defense, and second, that partment really survives by sending am- the Senator from New Hampshire coop- it should not have been done by any bassadors abroad and giving receptions, erated in. That was the principal effec- agency, It was a frill, If a private insti- and so on, I do not subscribe to that tive agent. tution having nothing to do with its theoz?y. This was one of the reasons .I liked _ money wanted to do that kind of work, I have great respect for the Secretary ' that approach. T duo not know how to it would be all right, but we should not of State, although I do not know how inspire the State Department to assert be paying for this kind of thing with the his influence compares to that of Dr, its responsibility in this area. The State taxpayers money, Department has not in recent years had What we are raw talking about is tang ter' T do not wish to go off on a very much influence in the budget transferring research which I, and the' But there is a research agency in the process, Matters that are clearly within Senator from New Hampshire agree State Department and it is the office the State Department,- such as the ex- should be done, but not by the Depart- which should have the responsibility and change program, have been restrained ment of Defense. very severely through the budget and by Mr. McINTYRE, What I am trying to research, It is the z ~zez cy thatlis ztespon ~ action of the Appropriations Committee, say to the Senator Ls that it is not enough Bible to Congress, contrary to Mr, Kis- As smatter of fact, the Senator knows for the Senator from Arkansas to take ? singer's operation at the White House, that all agencies other than the Depart- the position that some of the foreign area which takes the position that they aro ment oP Defense have great difficulty research by the Department of Defense immune to coming before Congress and when it comes to getting money. should not have been done by that De- talking about or discussing foreign pol- Mr. McINTYRE. Mr President, will the partment. That is not enough. The Sen- icy. Senator yield? ator deserves a great deal oP credit for So we have a situation that is very Mr, FULBRIGHT, The State Depart- -his alertness in focusing light on this serious. I would like to rebuild the pres- ment has had other pressing budget matter. The Committee on Arzned Serv- tige and the functions of the State De- problems and they have not tried very ices has focused attention on this matter. partment, I think what the Senator hard, apparently, to get more money for Mr, FULBRIGHT. The Senator is suggested goes in that direction. His research. I Have counseled that they do so correct. but there have been no elective results. attitude has been highly sympathetic to Mr, McINTYRE, The Senator just sup- enough. Wee mustalso get the work dono portent tl at the civilian aspe teof our ported the amendment I offered; which elsewhere, when it should be done. foreign policy '~e e is an outgrowth of section 203, which is mphasized. That is With respect to the State Department ? the app]ication of the relevant test what this amendment is all about , , . which has given us quite a few problems it seems to me that there are many for- I appreciate what the Senator has done in connection with the defense budget, ~ eign arcs research projects which should and his openminded attitude about the Thi be looked int b o weze made. ' az?eas oP research are important and agree $hould be pursued, s an area I Mr, President, I yield at this time to should be done, and no one else is now Mr. McINTYRE. Can the Senator tell the Senator from Mississippi (Mr, STEN- doing them, So we will need the Senator's me iP the State Department is actually rns) on section (b) of the amendment cooperation, as chairman of the Com- conducting such a study? with which he is familiar, mittee on Foreign Relations, to bring Mr. FULBRIGHT, I do not know. They Mr. STENNIS. Mr. President, if the about this reoruerln of research within have a policy planning staff and the Senator Prom Arkansas will yield to me, the Government today, have a research bureau, but both are is this his modified amendmentr No. 8147 - Mr, F'UT+BRIGHT, 2 appreciate what .quite small. The funds Por outside re-' 1Vlr. FULBRIGHT, That is correct. the Senator has said, and I congratulate search are very limited, as I have stated. Mr, STENNIS. This is the amendment him on what he has accomplished. With- IP the operation were given more atten- we discussed a few weeks ago. out his efforts it pould not have been tier by the head oP the State Department Mr. FULBRIGHT. That is correct. I done. they could do a better lob. confined it to the two committees that I do not profess to set myself up as a The Senator also knows the State De- the Senator referred to, final judge on what .is necessary for the partment has suiPered a considerable de- Mr, STENNIS, Yes. As I understand it, defense of our country in the way of crease in responsibility with the develop- the Senator has plainly excepted from research involving foreign matters, but ment oP the White House National Se- the requirement anything about the many of the research activities of the curitY Council stafY, I think it has suf- President's exercising the right of execu- Defense Department, it seems to me, Pered a decrease in its own assuz?ance tivo privilege, That is what- the Senator were related to a particular view oP the capacity to exert itself. It ~ is not a new intended to do? world situation and our role in the world. development. In the preceding adminis- Mr. FULBRIGHT. Yes; that is explicit To put it another way, much oP the tration there developed the idea that irz the language. research was based on a false assumption the State Department is not as effective Mr. President, while the Senator is as to the need for such studies, for ex- as it should be, I think many people over considering that, I wanted to add a few ample there were the research projects 'there Pelt they were being bypassed. or counterinsurgencies in countries like words about the second section. It has Chile. If one reads, the press today it is tom- become almost impossible to obtain the men gossip among many journalists that result of much of the research for which, I thought Project Camelot and ~tY~er M research oP this 1~~J91?a0h1130i61FS,g~~j~~~~,~he ~9~?~s~p~'~rR(~(~Q(~41;D~~~taxpayers have paid. ,,, been financed Por tt~o reasons. First, that ones who are really conmsmssult d and who . man in Thai and who said letter from a endment points one direction in which p r Y and that zn the future more money, as the .Senator suggests. we have to go. But there have to be in- we must work together to increase State The Senator and I are in complete creases, too, in the research budgets of Department Foreign area research agreement. T, too, hope that the State other mission ageicies. The State De- eiPoz ts, Department will begin to expand its partment is one of these. I am saying we need the Senator's help, activities in this area, It is said the Department of Defense is whether it is an ongoing study on the I sec the Senator from Mississippi is doing too much in research. The Depart- Soviet Union, or the Red Chinese, or hez'e. I would like to turn to section (b) ment of Defense will meet that argument something else. The Senator should be of the amendment. It was my uzldez?- by saying, "Those areas where we aro pushing for these studies. ~~ standing that the chairman of the full carrying on research may well go to-the Mr. FULBRIGHT, When the Senator committee was agreeable to accepting National Science Foundation and to the referred to on going studies of the Red .this part of the amendment provided State Department, but we think th Chinese and Russia that i Borne minor modifications a e p zon and cut is too often at the research end. This research program in this area has been the policy planning staff, and give them . am cut back pro e 1 Y some of their best problem, s amendment is an attempt to bring the National Science Foundation into minds, projects that would be of interest I would hope that as a result of this this picture more clearly as an institution to the.Senator as chairman oP the Com- discussion and what has happened, i;he solely devoted to research. When there is mittee on Foreign Relations. Ali I am State Department w ould reemphasize the budget stringency and a need to cut th saying is that the Defense Departmbnt's Position of the research o er t? Approved For Release 2005/07/13 :CIA-RDP72-003378000400110033-7 Approved For Release 2005/07/13 :CIA-RDP72-003378000400 ~ -7~ K, ~ V+(` ~ ` ~'~ August ~8, Y970 CONGRESSIONAL RECORD-SENAT I am writing bo suggest that the work of the Committee on Foreign Relations might ba assisted by reading a study prepmxed for OSD/ARPA by the Research Analysis Cor- poration oP McLean, Virginia, titled "A His- tory of Insurgency and Counterinsurgency in Thailand." The report is ciass~lfled Secret. It is my strong belief that more informed pol- icy-makers makemore informed policies, and therefore I feel it would be very much in the national interest aP the United States for your committee to study this report. I mcu- tion this only because of the possibility that through some oversight members of the >;x- ecutive Branch may have failed to bring this very detailed and extensive study to your attention. He goes on to shy: May I in return ask for one small a,ccam- modation, namely that my name not bo used in connection with your request for this doc- wnent (assuming you have not seen it). The title of this document is unclassified, so there is no reason why I should not mention it to you in an open letter. However I have noted a certain sensitivity in Washington, Saig~an and Bangkok when your name comes up. I think two things are to be said about the letter First this man obi 1 v ou Mr. FULBRIGHT, Mr. President, I send to the desk a modfccation of my amendment No. 814 and ask to have it Stated. The PRESIDING OFFICER. The amendment, as .modified, will be stated.. The assistant legislative clerk read the modified amendment as follows: or agency oP the Federal Government shall, in response to any request made to him in writing by the Senate Commtttee on Armed Services, the Senate Committee on Foreign Relations, the Iiouse Committee on Armed Services, or the House Committee on Foreign Affairs, promptly submit to such committee a copy oP any rep~art, study, or investigation requested by such committee if the report, study, or inveatigation~was financed in whale or in part with Federa funds and was made by a person outside the Federal Government, except that this requirement shall not apply in the case of any report, study, or investiga- tion with respect to which the President ex- ercises the right of executive privilege," s y an Mr. STL'NNIS, Mr. President, will the honest man, no longer feels free to speak Senator yield to me7 openly, because of possible retaliation Mr, x'ULBRIGHT. I yield. that he may suffer. So I feel constrained Mr. STENNIS. Mr. President, I have not to give the man's name in public, al- always thought it was our duty to protect though the Senator from NewHampsliire the right of executive privilege. I think is free to see the letter. I just do not want it is the duty of the Executive to respect to prejudice the writer in any way. our privileges. I think that privilege is ? We made a request to the Defense De- spelled out in the amendment far the partment for the study, which was paid committees that have direct jurisdiction. 100 percent by the taxpayers` money. In We discussed this matter last year response to that- request we received a with the Senator?~rom Arkansas and letter from Dr. Foster saying ` no" which was classified "confidential." I do not worked on it somewhat then. I think we know how absurd one can get. They have ought to accept the amendment and take gone so far as to classify a letter tlzat? it to conference and see what we can says, "No, we will not give you the re-~ work out on it with our conferees from the House. I am delighted to do that. port." That is what it says here It a s , . , y s "This is a report which is limited to in- That is my studied opinion of it. vnrnrrrMOUS-coxs>rrx naa~i':n+1sNr ternal distribution," and then they mark Mr. McINTYRE. Mr. President, will Mr. BYRD of West Virginia. Mr. Pres- that letter "confidential." the Senator Prom Arkansas yield? ident, I have cleared this request with I do not know how much more absurd Mr. FULBRIGIIT. I yield. ~ the principal parties involved-the au- one can get in abusing the power of Mr. McINTYRE. It is also my under- thor of the amendment, the manager of classification than to classify a letter say- standing that the modification would the bill the assistant minoi?it 1 d e y a er, ing "No, you cannot have the document," delete that section marked (a) in the. the majority leader-and other intei?- processes, ought to be made available to Mr. FULBRIGHT. It does. I ask unanimous consent that, on my committee. I want to thank the Senato T f Mi d r rom ues s- ay next, the controlled time on the That is what the second part of the sissippi and the Senator from New Muskie amendment be limited and re- amendment which the Senator from Hampshire. I think this may be a small duced from 3 hours to 2 %a hours, begin- Mississippi is considering deals with. I part of the overall effort of Congress to ning immediately following the vote on think they have carried this matter to ari la r i i p y a mo e s gn ficant, and I would the Proxmire amendment with regard to absolute absurdity. I do not see how the think more constructive, role in the-for- draftees; and that, at the conclusion of committees of the Congress can be ex- mulation of our national policies es the vot e i th , p c - e on e Muskie amendment, the ,petted to function effectively if all these ally in the field of foreign affairs. amendment to be offered by the able papers that are on id c s ered research We are subject to criticism in the Senator from Arkansas (Mr. FULBRIGIIT) papers are unavailable for the considers- , press all the time to the effect that be laid before the Senate and made the lion of the Senate or the committees. "Congress does not do this" and "Con- pending business, and that there be a Mr. McINTYRi;. Mr. President, the g?ress does not do that," but I assure time Ihnitation on the Fulbright amend- chairman of the Committee on Armed Senators that Congress cannot perform .ment of 40 minutes, to be equally di- Services and I find ourselves in sympathy its functions when we are not allowed t vided between and controlled li th o y e au- with that portion of the amendment of- get the basic research-and it is about thor of the amendment and the man- f d b eie y the distinguished Senator from the only basic research that is being con- alter of the bill; and that, at the con- Arkansas provided that ?it can be re- ducted, as the Senator .has already elusion of the 40 minutes, a vote occur stricted so as to apply to the Armed Serv- said-but are met. with a classification on the amendment to be offered by the ices Committee and the Committee on of documents which I do not think hav Senator Prom Arkansas (M F r. e uL- ? Foreign Relations oP the Senate and the the slightest thing to do with military BRIGHT). - -_ ----_ -. _ _____, _.._ ?.,,...i...,, .,.. vacs: ovuuy uawv, uuulGUlu6V'ly 1U11UWlilg Liie VOLe mittee on Foreign Affairs of the House. that Dr. Foster just refused to let us on the amendment by the Senator from IP the Senator from Arkansas is willing have. Apparently we were turned d A k r own ansas (Mr. FULBRIGIIT) the vote oc- to modify the amendment to ~a t e on the o t~y~ ~?~ amendment, as tent, it is my enders!~pyaiiti~v6~'al?f~~~d~~'i~ w~~~~f `~ ~3~ii~i t~ ~~~ ~ ~ i , l r f e rw z eh the Bill be read willing to accept the amendment as relations. But, after all, Congress has a third time and there be one-half hour modified. , some responsibilities. ~ of controlled time on the bill, at the con- , ~,~V~~y~`C~1~571~ ~ - / Mr. P sident, I am ready for the vote. I move he adoption of the amendment, as mo fied. Th PRESIDING OFFICER. The quest n is on agreeing to the amend- men , as modified. T e ..amendment, as modified, ways Awhich time the Senator from West Vir- ginia has informed me that he has re- served the time for a vote on it, with a :40-minute ]imitation. Is that correct? Mr. BYRD of West Virginia. If the Senator will yield, let me get that re- quest fn right now. Mr. FULBRIGHT. I do wish, very briefly, to explain what it is, after the Senator- - Mr. BYRD of West Virginia. I will make the request later, then. Mr. FULBRIGHT. All right. I will just make the statement now, and the Sena- tor can make his arrangement a littile later. This is a very brief amendment, and I wanted to explain at this time what it is intended to do. The amendment coiz- cerns section 501 of the bill. I ask unanimous consent that I may yield to the Senator from West Virginia without losing my right to the floor. Tho PRESIDING OFFICER. Without I appre~i~te ze attitude of the