PROHIBITION OF POLICE TRAINING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100040079-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 16, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 79
• Publication Date: June 26, 1974
• Content Type: MF

Approved For Release 2005y0.7720:!AEA-WP79,3RWA000100040079-0
OLC 74-1357
26 June 1974
MEMORANDUM FOR: Deputy Di rector for Operations
Office of General Counsel
SUBJECT: Prohibition of Police Training
1. Senator James Abourezk (D. , S. Dak. ) has introduced an
amendment to S. 3394 which amends the Foreign Assistance A.ct of
1961. The text of the amendment is on page S 11203 of the attached pages
from the Congressional Record. Hearings on S. 3394 are now being held
by the Senate Foreign Relations Committee.
2. The Abourezk amendment would place a more rigid restriction
on U.S. training of foreign police by proh:Lbiting training in the U. S. and
by including... "other internal security forces of any foreign government
or any program of internal intelligence or surveillance on behalf of any
foreign government within the United States or abroad." The amendment
further precludes the use of funds for such purposes under the Foreign
Assistance Act or any other law.
3. Presently, the prohibition concerns funds under the Foreign
Assistance Act, overseas training and only..."police training or related
program in a foreign country." You will :recall that when this provision
was debated last year, the House then prevailed over a harsher Senate
version. The text of the present prohibition (in Public Law 93-189
Foreign Assistance Act of 1973) is as follows:
"Sec. 112. Prohibiting Police Training. --(a) No
part of any appropriation made available to carry out
this Act shall be used to conduct any police training
or related program in a foreign country.
"(b) Subsection (a) of this section shall not
apply--
"(1) with respect to assistance rendered
under section 515(c) of the Omnibus Crime
Control and Safe Streets Act of 1968, as
amended, or with respect to any authority
of the Drug Enforcement Administration
or the Federal Bureau of Investigation
which relates to crimes of the nature which
are unlawful under the laws of the United
States; or
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Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040079-0
INTERNAL USE ONLY
"(2) to any contract entered into prior
to the date of enactment of this section with
any person, organization, or agency of the
United States Government to provide
personnel to conduct, or assist in conducting
any such program.
Notwithstanding paragraph (2), subsection (a) shall apply
to any renewal or extension of any contract referred to
in such paragraph entered into on or after such date of
enactment."
4. Your views and comments are requested as to the effect of
the Abourezk amendment upon Agency act:.vities and as to whether we
should seek amending language.
Attachments:
1) Pages from Record
2) S. 3394
Distribution:
Original - Subject file
1 - DDO
1 OGC
1 - OLC Chrono
1 PLC Chrono
OLC/PLC:bao (26 Jun 74)
GE
R.GE L. CARY
Legislative Counsel
Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040079-0
A
M11900 Approved For ReleaCt020136137f20)INZA-POPT-09s009?57%9001M040079-0
AMENDMENT OF THE FOREIGN
ASSISTANCE ACT--AMENDMENTS
AMENDMENT NO. 1511
(Ordered to be printed and referred
to the Committee on Foreign Relations.)
Mr. ABOUREZK submitted an amend-
ment intended to be proposed by him to
the bill (S. 3394) to amend the Foreign
Assistance Act of 1961, and for other
purposes.
Mr. ABOUREZK. Mr. President, the
now familiar panacea for domestic ills,
law and order, has long been used to
describe American objectives in the
trobuled areas of Africa, Asia, and Latin
America. While the Federal Government
did not start aiding local U.S. police
agencies until 1968, we have been sup-
plying the police of selected underde-
veloped nations with equipment, arms,
and training since 1954. U.S. funds have
been used to construct the National Po-
lice Academy of Brazil, to renovate and
expand the South Vietnamese prison sys-
tem, and to install a national police com-
munications network in Colombia. The
Agency for International Development
estimates that over 1 million foreign po-
liceinen have received some training or
supplies through the U.S. public safety
program?a figure which includes 100,000
Brazilian police and the entire 120,000-
man National Police Force in South
Vietnam,
U.S. foreign aid programs in the un-
derdeveloped third world call for a
modest acceleration of economic growth,
to be achieved wherever possible
through the normal profitmaking activ-
ities of U.S. corporations and lending in-
stitutions. It is obvious, however, that
an atmosphere of insecurity and rebel-
liousness does not provide an attractive
climate for investment. In the rapidly
urbanizing nations of the third world,
civil disorders have become a common
phenomenon as landless peasants stream
to the cities in search of economic and
cultural opportunities.
Since most of these countries cannot
satisfy the aspirations of these new city-
dwellers under present economic and so-
cial systems built up tensions are increas-
ingly giving way to attacks on the status
quo. After his 1969 tour of Latin Amer-
ica, Nelson Rockefeller noted in his re-
port to the President that while Latin
armies:
Have gradually improved their capabilities
for dealing with Castro-type agrarian guer-
rillas, it appeared that radical revolutionary
elements in the hemisphere are increasingly
turning toward urban terrorism in their at-
tempts to bring down the existing order.
This prediction has already been borne
out in Brazil and Uruguay, where urban
guerrillas have in the past staged spec-
tacular bank robberies and kidnappings.
Since the late 1950's a paramount con-
cern of American policymakers has been
the preservation of social stability in
countries deemed favorable to U.S. trade
and investment. U.S. military planning
has been shaped by the need to provide,
on a moment's notice counterinsurgency
forces that can be flown in to the aid
of friendly regimes threatened by popu-
lar insurreal.
?,? e2
program has 'inn used to =Mt
capabilities of indigenous forces to over-
come the rural guerrilla forces. Finally,
on the premise that the police constitute
the first line of deform against subver-
sion, the Agency for International De-
velopment has funneled American funds
and supplies into the hands of third
world pollee forces.
During hearings on ;he foreign assist-
ance appropriations for 1965, AID Ad-
ministrator David Bell described the ra-
tionale behind "U.S. police assistance pro-
grams as follows:
maintenance of law and order including
internal security is one of the fundamental
responsibilities of government.
Successful discharge of this responsibility
is imperative if a nation is to establish and
maintain the environment of stability and
security so essential to eonomic, social, and
political progress.
Plainly, the United States has very great
interests in the creation and maintenance
of an atmosphere of law and order under hu-
mane, civil concepts and control . . . When
there is a need, technical assistance to the
police of developing nations to meet their
responsibilities promotes and protects these
U.S. interests.
The public safety program is not large
in comparison to the military aid pro-
gram?but its supporters can muster
some impressive arguments in its favor.
It is argued, for instance, that the
police?being interspersed among the
population?are more effective than the
military in controlling low-scale insur-
gency. Supporters of the police assistance
program also point out that police forces
are cheaper to maintain than military
forces, since they do not require expen-
sive "hardware" like planes, tanks, and
artillery.
These arguments, advanced by men
like Col. Edward Lan5dale, formerly of
the CIA, received their most favorable
response from President John F. Ken-
nedy and his brother Robert, then the
Attorney General, in the early 1960's.
Presidential backing was responsible for
a substantial expansion of the public
safety program in 1962, and for the cen-
tralization of all U.S. police assistance
activities in AID's Office of Public Safety.
The State Department, memorandum es-
tablishing OPS is noteworthy for its
strong language?the memo, issued in
November 1962, declared that AID?
Vests the Office of Pul3lic Safety with the
primary responsibility and authority for pub-
lic safety programs and gives that Office a
series of powers and responsibilities which
will enable it to act rapidly, vigorously, and
effectively . .. powers greater than any other
technical office or division of AID.
The two Kennedys also gave enthusi-
astic support to the creation of an Inter-
American Police Academy in the Panama
Canal Zone. Later, in order to open the
Academy to police officers from other
countries, it was moved to Washington,
D.C., and reorganized as the Interna-
tional Police Academy.
The Office of Public Safety is empow-
ered to4=75'rTilIftr-Vitcrrirt-rolice orga-
nizations in three wayE : First, by sending
"public safety advisers" who provide "in-
country" training for rank and file po-
licemen only at the expense of the host
country; second, by pr Dviding training at
VaitglEPagetMe :.11' I
I IP
cers and technicians; and, third, by ship-
June 21, lo?
ping weapons, ammunition, radios, patrol
cars, jeeps, chemical munitions, and re-
lated equipment.
Last year, after the passage of an
amendment to the Foreign Assistance
Act of 1974, I directed a letter to USAID
requesting information on what the OPS
program would encompass in the next 2
years, taking in consideration the new
congressional limitations imposed on
OPS.
Mr. Matthew Harvey, AID Assistant
Administrator for Legislative Affairs, re-
sponded only in part to the question by
choosing to omit the OPS plans for the
continued export of police and para-
military weaponry. Harvey states:
During the next two years, the Office of
Public Safety projected assistance to a num-
ber of countries. Currently Public Safety
programs are being implemented in 18 coun-
tries.
Commitments include Public Safety ad-
visory assistance mainly in the field of ad-
ministration and management ? training
both in-country and at the International
Police Academy in Washington, D.C.?com-
modity assistance which includes items such
as vehicles, communcations, police type
weapons and training aids.
The International Police Academy is sched-
uled to provide training for police officers
from nations of the free world. Of high
priority is training of foreign police officers
who are responsible for the maintenance
of law enforcement resources which are
committed to the international narcotics
control efforts. The Public Safety program
also includes a training program for the
Africa region which will enable police offi-
cers from 21 countries to receive U.S. train-
ing.
The Office of Public Safety is also sched-
uled to provide TDY technical assistance to
countries in the development of the police
institution. The Office of Public Safety has
been tasked to provide technical assistance
in developing narcotic control programs
which include such specialized fields as
criminanstics, records and communications.
b. As you are probably aware the Senate/
House conferees have reported out the for-
eign aid bill which under Section 112 re-
quires the ending of all Public Safety over-
seas programs. Tf signed into law in this
form. the Bill would not affect the activ-
ities of the International Police Academy in
Washington. The Academy would continue
to train police officers in modern police man-
agement and techniques as at present.
Using Latin America to measure the
scone of these activities, we find that over
150 Public safety advisors have been sta-
tioned in 15 countries until now, and that
some 2.n00 Latin Police officers have re-
ceived training at the International Po-
lice Academy. In addition, over $42 mil-
lion has been given to these countries in
OPS supporting assistance programs in
the last 3 years alone. Until 1972, the
leading beneficiary of the public safety
program in Latin America was Brazil,
which received almost $8 million in OPS
funds by the middle of 1972. Since then,
the largest recipients of OPS aid have
been Colombia and Guatemala.
In providing this kind of assistance,
OPS notes that:
Most countries possess a unified civil secu-
rity service which "in addition to regular
police include para military units within
civil police organizations and paramilitary
forces such as gendarmeries, constabularies,
r which perform police lune-
a e as their primary mission
maintaining internal security.
? June 21, 199wproved For RieemangwOhE Wcite[39,=_QgtRia0100040079-0
'The AID Program is designed to en-
eoewass all of these functions, According
to OPS:
Individual Public Safety programs, while
varying from country to country, are focused
in general on develoning within the civil se-
curity forces a balance of (1) a capability for
regular police operations, with (2) an in-
vestigative capability for detecting and iden-
tifying criminal and/or subversive individ-
uals and organizations and neutralizing their
activities, and with (3) a capability for con-
trolling militant activities ranging from
demonstrations, disorders, or riota through
small-scale guerrilla operations.
As noted in the 1962 State Depart-
ment memo, OPS possesses unique pow-
ers not granted to other AID bureaus.
These powers enable OPS to "act ranidly,
vigorously and effectively" in aiding
Latin regimes threatened by Popular up-
risings When a crisis develons in a Latin
canital, OPS officials often stay up "night
after night" in their Washington, D.C.,
office to insure that needed supplies?In-
cluding radios and tear gas?reach the
beleaguered nolice of the friendly regime.
AID officials insist that public safety
assistance is "not given to support die-
tatorships." But there are apnarently ex-
ceptions to this rule: Administrator Bell
told a Senate Committee in 1965 that:
It is obviously not our purpose or intent
to assist a head of state who is repressive. On
the other hand, we are working in a lot of
countries where the governments are con-
trolled by people who have shortcomings.
Not wanting to embarass AID or any
of the people we support who have
"shortcomings" Bell did not mention
names.
It is entirely possible that one country
Bell was referring to is Brazil?a country
which until 1972 enjoyed a substantial
OPS contribution despite well-docu-
mented reports that political prisoners
are regularly being tortured by the police.
In justifying continued OPS aid to such
regimes, Bell explained that:
The police are a strongly anti-Communist
force right now. For that reason it is a very
important force to us.
It is no surprise that these men should
consider a small amount of allegedly
Communist-led terrorism to be sufficient
reason to subsidize the repressive ap-
paratus of a totalitarian regime.
THE "PUBLIC SAFETY PROGRAM" IN SOUTH
VIETNAM
According to a letter I received from
the State Department dated February 5,
1974, Assistant Administrator Harvey
stated that after June 14, 1974, there will
be no South Vietnamese police officers
admitted to training courses of what-
ever nature at the International Police
Academy.
In another letter, dated January 28,
the Department states that:
No U.S. personnel, either civilian or mili-
tary, are advising the Vietnamese National
Police under any contracts with the De-
partment of Defense or other government
agency. Such action would be in violation of
the Ceasefire Agreement of January 27, 1973
which has been strictly complied with.
great deal of evidence to the contrary.
Shipler writes:
Although the Paris agreements explicitly
rule out -advisers to the poLce force, the
South Vietnamese National Police continue
to receive regular advice from Americans.
In r en th this corre-
?on? n two i h-r rs sa
me re uen w
-
ome m sa c idf
4rgirethe ollee ga er n e once r m
; .0 ?? e p ac
b,naiyze tne thitEWSTIEMd7--
--", gone? birfeira ebrifirmed that in some
provinces "American liaison mon" who work
with the police remain on the job. "There are
still some, but not so many," he said.
EPISODE IN POLICE STATION
Local policemen still refer to "American
police advisers," according to James M. Mark-
ham, Saigon bureau chief of The New York
Times, who was detained by the police late
in January after a visit to a Vietcong-held
area.
Mr. Markham said that in both Qui Nhon,
where he was held overnight-, and Phan
Thiet, where he IhraS detained briefly while
being transferred to Saigon, policenien, talk-
ing among themselves, referred to the "po-
lice adviser," In Phan Thiet, he reported, a
policeman was overheard saying. "Let's get
the American pollee adviser over here."
In the last six weeks The New York Times
has made repeated attempts to interview
officials in the United States Agency for
International Development who are responsi-
ble for American aid to the pollee. Although
the officials appeared ready to discuss the
sub:feet, they were ordered by- the United
States Ambassador, Graham A. Martin, -to
say nothing.
Contrary to assurances from the State
Department, it is doubtful that police as-
sistance to South Vietnam has been ter-
minated, One is compelled to ask, there-
fore, just what the Convress and the
American people have to do to stop the
incessant funding of the South Viet-
namese police forces. What does it take
to tell AID, OPS and others in the ad-
ministration, no. We have passed a law
specifically prohibiting U.S. police as-
sistance or training to South Vietnam
and yet, the pyograms continue to go
on, appgrently almost unabated.
Th 1971.? - n an excel-
len report on t u sa etuaziaggaza
in-South tiLanaiIi. e e report may
1106 Pe a descrintion of the public safety
program as it exists today in South Viet-
nam, it does rem-esent the most accu-
rate history and description of. the pro-
gram as it existed until recently. It in-
dicates, I believe, the real focus and in-
tent of the public safety program even
as it exists today.
Mr. President, I ask unanimous con-
sent that the report be printed at this
point in the RECORD.
There being no objection, the report
was ordered to be. printed in the RECORD,
as follows:
REPORT
Tho Public Safety program in South Viet-
nam is the largest and one of the oldest U.S.
police assistance programs--half of AID's
Public Safety Advisors and more than half
of OPS's annual budget are committed to
Vietnam operation, The Vietnam program
S 11201
predecessor agency) to assemble a team of
police experts to advise the government of
Ngo Dinh Diem. Ultimately 33 advisors
served in the Police Division of the now
famous Michigan State University Group
(MSUG); of this group, at least a few are
known to have been CIA agents. The police
division supervised the reorganization of
Vietnam's decrenit police system, provided
training in a variety of police skills, provided
small arms and ammunition, and helped
establish a modern records system for filing
data on political suspects.
The MSTIG effort was superseded in 1969
by a Public Safety Division (PSD) under
direct MS. management. In keeping with
President Kennedy's call for increased
counterinsurgency initiatives, the program
was vastly expanded in 1962. Beginning with
a staff of six in 1959, the PSD mission in Viet-
nam increaed to 47 in 1963, and to 204 by
mid-I968. Total support of the PSD program
had. reached $95,417,000 by the end of fiscal
year 1968, and has continued at the rate of
about $20 million a year; (some of these
funds are supplied by the Department of
Defense rather than by AID).
From the very start of the Vietnam con-
flict, the National Police (NP) of South
Vietnam has been regarded by our govern-
ment as a Paramilitary force with certain
responsibilities related to the overall counter-
insurgency effort. In the Foreward to a man-
ual on The Police and Resources Control in
Counter-Insurgency (Saigon, 1964), Chief
Frank E. Walton wrote that "the methods
included in this text are emergency proce-
dures hot utilized in a normal peace-time
situation. They are stringent, war-time
measures designed to assist in defeating the
enemy . . .",In order to upgrade Vietnamese
police cans.111ties to carry out its wartime
responsibilities, PSD supervised the con-
solidation of all regional, provincial and
specialized police agencies under the direc-
torate of National Police in 1962, and sub-
sequently prepared a "National Police Plan"
for Vietnam in 1964. Under the plan, the
NP's personnel strength grew from 19,000
Men in 1963 to 62,000 by the end of 1965,
70,000 in 1967, and 85,000 by the end of
1969. To keep pace with this rapid growth,
the Plan provided for a vast increase in U.S.
technical assistance, training and commod-
ity support. Public Safety Division aid and
management have become so extensive, that
the National Police might more properly be
considered a U.S. mercenary force than an
indigenous institution.
SPECIFIC FUNCTIONS
The specific counterinsurgency functions
performed by the police?resources control,
identification, surveillance and pacification?
are spelled out in an OPS brochure on The
Role of the Public Safety In Suppart of the
National Police of Vietnam (Washington,
D.C., 1969), and in AID's Program and Proj-
ect Data Presentations to the Congress for
Fiscal Year 1971.
Resources Control is defined by Public
Safety Advisor E. H. Adkins Jr. as "an effort
to regulate the movement of selected re-
sources, both human and material, in order
to restrict the enemy's support or deprive
him of it altogether .. ." In order to prevent
the flow of supplies and people to and from
villages loyal to the National Liberation
Front (NFL), 7,700 members of the National
Police currently man some 650 checkpoints
at key locations on roadways and waterways,
and operate mobile checkpoints on remote
roads and trails. By 1968, more than 468,466
persons had been arrested in this program,
of whom 28,000 were reported as "VC sus-
pects." AID reported that "Resources control
efforts in 1969 resulted in nearly 100,000 ar-
rests including more than 10,000 known or
David K. Sthipler,a VW York Times cor- Versity rmaugs and 6,000 tons
e, n an a ?gd 1. e ruary began in 1956, when Michigan State Uni- suspected Vietcong. Confiscations included
respondent stated 214611AMIZAKOMPA9510171211%1
tiA130,civiscrgati Release
vi. I
S11202 Approved For Releut5AMMVANTRAIIIRMI909-WQR.011100040079-0 June 21, 1974
The National Identity Registration Pro-
gram is descrned by OPS as "an integral part
of the population and resources control pro-
gram." Under a 1957 law, amended in 1967,
every Vietnamese 15 years and older is re-
quired to register with the Saigon govern-
ment and carry identification cards; anyone
caught without the proper ID cards is con-
sidered a "VC suspect" and subject to im-
prisonment or worse. At the time of registra-
tion, a full set of fingerprints is obtained
from each applicant, and information on his
or her political beliefs is recorded. By 1971,
12,000,000 persons are to have been reached
by this identification /registration program.
"Once completed," AID explains, "the identi-
fication system will provide for a national
repository of fingerprints and photographs
and biological data. It will be one of the most
complete national identification systems in
the world, and one of the most badly
needed."
Surveillance of persons and organizations
suspected of harboring anti-government sen-
timents is the responsibility of the NP's
Special Police Branch (SP). The Special
Branch is nothing more or less than Viet-
nam's secret police; originally the Indo-
chinese branch of the French Surete, the
SP was known as the Vietnamese Bureau of
Investigation during the Diem regime. Ac-
cording to the 1962 decree establishing the
National Police, the SF' was given the re-
sponsibilities of: "Gathering information on
political activities," and "carrying out un-
dercover operations throughout the country,
searching for, investigating, keeping track of,
and prosecuting elements indulged in sub-
versive activities." OPS documents state that
"SP agents penetrate subversive organiza-
tions," and "use intelligence collection, po-
litical data [and] dossiers compiled from
census data . . . to separate the bad guys
from the good." AID has nothing to say
about the criteria used to separate the "bad
guys" from the "good guys"; anyone familiar
with the Vietnamese scene knows, however,
that the SP's major responsibility is surveil-
lance of non-Communist grouns that could
pose a political challenge to the regime in
power. Persons who advocate negotiations
with the NLF are routinely picked up by the
Special Police and sentenced to stiff prison
terms.
Pacification usually brings to mind "good
will" protects like school construction and
free medical care in Vietnam, however, the
paramount task of the U.S. pacification
effort is the identification and neutralization
of the local NLF administrative annaratus?
in Pentagon nomenclature, the "Viet Gong
Infrastructure" (VCI). The counter-infra-
structure campaign was initiated by the CIA
in July 1968 as the "Phung Hoang" pro-
gram?better known in English as Operation
Phoenix. This program, incorporated into
the Civil Operations and Revolutionary De-
velonment Support (CORDS) effort, is de-
scribed by American officials as "a systematic
effort at intelligence coordination and ex-
ploitation." In the intelligence phase, all
allied intelligence services?including South
Vietnam's Special Police Branch and Amer-
ica's CIA and military intelligence organiza-
tion?are supposed to pool the data they
have collected (or forcibly extracted) from
Informers and prisoners on the identity of
NLF cadres. It is for this ultimate purpose
that most of the other police functions de-
scribed above?interdiction, identification,
registration and surveillance?are carried on.
In the exploitation phase of Phoenix, mem-
bers of the paramilitary National Police Field
Forces, sometimes assisted by the Army,
make secret, small-scale raids into contested
areas to seize or eliminate persons who have
keen identified by the intelligence services
ors "VCI agents." In testimony before the
I,sl? Senate Foreign Relations, .m te
t
head of COR WI/Rap- ,= r.1=5-
'
?
a mi
0 1.' 4
Isuspected Vol agents had been "neutral-
ized"?of this amount 6,187 had been killed,
8.515 arrested, and 4,832 persuaded to join
the Saigon side. Colby insisted that Phoenix
did not constitute an ' assassination" or
"counter-terror" operation.
?Each of the counterinsurgency programs
described has been accompanied by an ex-
pansion of the prison population of South
Vietnam. Since prison management is con-
sidered a major task of the overall police
'responsibility, the U.S. Public Safety pro-
gram includes substantial assistance to the
Directorate of Corrections?the Saigon
agency ultimately responsible for the opera-
tion of South Vietnam's 41 civil prisons. U.S.
aid has enabled the Directorate to enlarge
the prison system from its 1967 capacity of
20,000 prisoners to the present capacity of
33,436 inmates.
From 1967-1969, OPS expenditures in sup-
port of prison maintenance have totaled $1.6
million. Specific project targets in 1969, ac-
cording to AID's Program and Project Data
Presentations to the Congress, include: "The
renovation and expansion of selected correc-
tion centers, the addition of up to 1,000
trained pelsonnel to administer correction
centers . . . and the implementation of a
plan for relocating prisoners in order to re-
duce overcrowding and provide greater
security frcrn VC attacks." To achieve these
targets, "MI) will provide technical advisors
to help supervise relocations and to train
new recruits . . . [and] will provide sup-
plies for prison security . . ." One of the
facilities selected for the relocation program
? was the dread prison of Cc n Son Island with
its now-notorious "tiger cages."
TIGER CAGES GET 155315 RATINGS
Americans who were in Saigon in the late
Fifties under the Michigan State-CIA police
advisory mission noted at the time that op-
position politicians were frequently carted
off to Con Son. The U.S. government's own
figures state that at least 70 percent of the
prisoner papulation throughout Vietnam is
political, and another nine percent Is "mili-
tary?that is, POW's. It has been said for
years that to know the status of the non-
communist, political opposition, Con Son
was the place to go.
U.S. Public Safety Advisor Frank Walton,
former Los Angeles Deputy Chief of Police,
with a reputation for being hard on minor-
ities, is one of 225 Public Safety Advisors
with the Agency for International Develop-
ment in Vietnam. Walton declared Con Son
to he "a correctional institution worthy of
higher ratings than some prisons in the U.S."
with "enlightened and modern administra-
tion."
In order to upgrade the administrative
capabilities of the Corrections Directorate,
AID regularly provides training to Vietnam-
ese prison officials "outside of Vietnam." Al-
though AID does not divulge any details, the
ten officials receiving such training in fiscal
year 1969 are probably among the 60 Viet-
namese police officers brought to the U.S.
to attend special courses. According to the
AID manual on Public Sa,iety Training, for-
eign police personnel can attend an lit-week
course in "Penology and Corrections at
Southern Illinois University in Carbondale.
The Southern Illinois program includes in-
struction in such topics as: "disposition of
convicted offenders and juveniles; philosophy
and practice of correctional institutional
management; methods of correctional staff
training and development." The program also
Includes a course on "Correctional Institute
Design and Construction."
One begins to appreciiv;e the breadth of
the Vietnam program by leading AID's 1971
budget request?$13 million is being sought
to achieve the following "Project Targets":
2,,024bnWANN:
I ? ?
1,4 A.0
move ent has been
Identity Registration Program (NIRP) to reg-
ister more than 12,000.000 persons 15 years
of age and over by the end of 1971; continu-
ing to provide basic and specialized training
for approximately 40,000 police annually;
providing technical assistance to the police
detention system including planning and
supervision of the construction of facilities
for an additional 2,000 inmates during 1970;
and helping to achieve a major increase in
the number of police presently working
(6,000) at the village level.
This presentation, it must be remembered,
only-represents programs under AID author-
ity; missing from this prospectus are NP ac-
tivities financed by the CIA and the Defense
Department. Military Assistance funds are
used to finance the activities of the parlia-
mentary National Police Field Forces (NPFF) ,
which, by January 1969, constituted a small
army of 12,000 men organized into 75 com-
panies (our expansion plans call for a total
complement of 22.500 men and 108 compan-
ies by the end of 1970). Because of the "mili-
tary commonality" of their equipment, all
commodities support to the NPFF is provided
by the Pentagon. The extent of CIA contri-
butions to the National Police is of course
impossible to determine; it is known, how-
ever, that the CIA has been involved in
modernizing Vietnam's secret police files
since 1955. One does not have to invoke the
sinister image of the CIA, however, to estab-
lish beyond a doubt that the United States
is intimately involved in every barbarous act
committed by the South Vietnamese police
on behalf of the Saigon government.
Mr. ABOUREZK. Mr. President, there
are other programs in the Office of Pub-
lic Safety which concern me a great deal.
According to reports which I received
last year, phe U.S
0 I
training foreign olicemen in
a a remo e eser cam
:o ? ? -a ro a emy in Los
Fresnos, Tex., foreign policemen are
taught the design, manufacture and po-
tential uses of homemade bombs and in-
cendiary devices by IPA instructors, At
least 165 policemen have taken this
,"Technical Investigations Course" since
it was first offered in 1969.
While I was assured at the time that
the course had been terminated, I have
recently learned that it has resurfaced?
this time in Edgewood. Md. According to
E. H. Adkins, Deputy Director of the IPA,
In an interview with Carol Clifford of
the Los Angeles Times, the course has
been "revamped" and renamed preven-
tion and investigation of contemporary
violence.
In addition to the bomb school, I have
learned that International Police Acad-
emy graduates also attend a school for
Psychological Operations at Fort Bragg,
. .
The school, which is held at the U.S.
Army Institute for Military Assistance at
Fort Bragg, N.C.,includes courses with
such titles as subversive insurgent meth-
odology, psychological operations in sup-
port of internal defense and develop-
ment, the role of intelligence and inter-
nal defense. According to Adkins, the
purpose of the school is to "teach police
how the military handles psychological
warfare problems."
We have also learned that the IPA
counts among its graduates security
guards employed by Aramco, the Arabian
American Oil Co.
a0 o
001000413027394, with other reports of
the end of TY 1971 ... assisting the National OPS activity which I have found in the
June 21, 1974
Approved For Release 2005/07/20: CIA-RDP79-00957A000100040079-0
CONGRESSIONAL RECORD ? SENATE S 11203
last year including letters from foreign-
ers indicating U.S. complicity in- the use
of torture in countries abroad, but I think
that the point is clear:
? This country is involved in an activity
iwhich is totally divorced from the scope
and intention of U.S. foreign aid. The
Office of Public Safety and the Interrm-
tional Police Academy mocks the purpose
of other AID programs and has inflicted
an indelible blemish on the past record
and accomplishments of USAID pro-
grams.
? For this reason, I am introducing an
amendment to the Foreign Assistance Act
of 1975 which would prohibit this in-
sensible activity from continuing.
Last year we were only partially suc-
cessful in curtailing the activities of the
OPS. Presently, only U.S. funds for police
training in foreign countries is pro-
hibited. Obviously, a great deal of activity
has continued to persist. The Interna-
tional Police Academy has now graduated
4,000 students and they continue to come.
Supporting assistance to many of the
most repressive governments in the world
today continue to go on unabated. And
new programs such as the "contemporary
violence" course in Maryland continue to
spring up. ,
It is time, I believe that the Congress
terminates this program and all related
activities in regard to police and prison
support. I am hopeful that my colleagues
will agree with me, and support this
amendment when it comes up for con-
sideration later this summer.
Mr. President, I ask unanimous con-
sent that the text Of the amendment be
printed in the RECORD.
There being no objection, the amend-
ment was ordered to be printed in the
RECORD, as follows: ,
AMENDMENT No. 1611
On page 7, between lines 13 and 14, insert
the following new section:
PROHIBITING POLICE TRAINING
SEC. 10. (a) Chapter 3 of part III of the
Foreign Assistance Act of 1961 is amended
by adding at the end thereof the following
new section:
"Skc. 659. (a) Prohibiting Police Train-
ing.?None a the funds made available to
carry out this or any other law, and none
of the local currencies accruing under this
or any other law, shall be used to provide
training or advice, or provide any financial
support, for police, prisons, or other internal
security forces of any foreign government .or
an ro ram Of internal i e i ence otrsur-
ye lance on a of any foreign govern-
ment within the United States or abroad.
"(b) Subsection (a) of this section shall
not apply?
(1) with respect to assistance rendered
under section 515(c) of the Omnibus Crime
Control and Safe Streets Act of 1968, or with
respect to any authority of the Drug Enforce-
ment Administration or the Federal Bureau
, a Investigation which relates to crimes of
f the nature which are unlawful under the
laws of tbe United States; or
"(2) to any contract entered into prior
to the date of enactment of this section with
any person, organization, or agency of the
United States Government to provide per-
sonnel to conduct, or assist in conducting,
any such program.
: Notwithstanding 'clause (2) , subsection (a)
shall apply to any renewalAoL92:1,enAlpior_a_ny
contract referred to inmeitAw.(4ir mil
tered Into on or after such date of enact-
ment."
(b) Section 112 of such Act is repealed.
On page y, line 16, strike Out "See. 10' and
insert in lieu thereof "Sec. 11".
AMENDMENT NO. 1512
(Ordered to be printed and referred'
to the Committee on Foreign Relations.)
Mr. ABOUREZK. Mr. President, today
I am introducing amendment to S. 3394,
the foreign aid bill which provides
that no military assistance shall be
made available to any foreign govern-
ment (tying any period in which that
government ciom nor-Ai/ow such in
11a1,1011K/ tngutuzacio,
a-
Pla ?
? ori:
mnes Internatioru ? t_? ? Inte
mer can omm ss on on ?? :n s
prisons or ; s e
Zrto .e CIL COMMUIrg inspections wi
respect TO---suiegen vinttions o niTtIrdr
fl o n a growing number of Americans
who are deeply concerned over the ram-
pant violations of human?rights and the
need for a more effective response from
the U.S. Government, Despite national
differences, ideological variances, and
numerous reacons, a large and ever-grow-
ing number of American citizens find a
common cause in coming to the aid of the
oppressed in countries throughout the
world.
The sad but unfortunate fact is that
gross and malicious violations of human
rights continue to persist in almost every
part of the world. Torture, mass impris-
onment, summary executions, and dis-
crimination, and other abhorent viola-
tions continue to be used?sometimes
quite overtly?in countries whose gov-
ernments the United States consider to
be among its closest friends.
While no one disputes the role cif any
government in guaranteeing to its citi-
zens the most basic freedoms and rights
accorded to every human being, it has be-
come apparent in recent years that many
governments not only neglect to guaran-
tee these rights but actually deny them.
Contrary to what many now believe,
government repression is not limited to
one particular ideology. Governments
from every part of the political spectrum
have at one time in recent years been ac-
cused of violating the fundamental rights
of its citizens.
While the protection of human rights
remains essentially the responsibility of
each government, it becomes the respon-
sibility of the international community
when violations occur at the hands of
the government. It must be the respon-
sibility of concerned governments and in-
ternational organizations to help defend
the human rights of all people through-
out the world.
For this reason, the United Nations
and its specialized agencies have de-
veloped an extensive body of interna-
tional law pertaining' to human rights.
In the latest U.N. compilation of specific
human rights instruments of the U.N. 13
declarations and 23 conventions are
listed.
Unfortunately, the U.S. record on
ratification of human rights treaties has
House Subcommittee ? on International
Organizations and Movements earlier
this year, the United States, through this
failure to become a party to all but a
few of the human rights treaties, has
become increasingly isolated from the
development of human rights law, There
can be little question that this embar-
rassing failure has impaired both our
participation in international coopera-
tion in human rights as well as any bi-
lateral efforts which this Government
may have considered to persuade govern-
ments to respect international human
rights standards.
One major cause for the embarrassing
failure on the part of the United States
In this regard is that the people in this
country have not been made aware of
the inhuman atrocities and the repres-
sive and barbaric tactics which some gov-
ernments in the world insist on using as
their only means of staying in power.
They have not been told that people
are thrown in prison in many countries
simply because of their beliefs or their
disagreement with their own govern-
ment. They are not told that the most
unbelievable forms of torture known to
man are used daily by some government
officials on their own citizens. Ameri-
cans are unaware that thousands of in-
nocent people are shot each year with-
out so much as a hearing on the crimes
which they are accused of committing.
Most important of all, few 'U.S. taxpayers
know that part of their hard earned
wages are going, in taxes, to support
these repressive measures?sometimes
directly through the export of police and
prison equipment and many times indi-
rectly. through direct payments to many
of the most repressives regimes in the
world today.
A large part of the problem lies di-
rectly within our own State Department.
The Department as well as the entire
Nixon administration chooses to pretend
that that repression, torture, and the
abridgement of human rights simply does
not exist. A recent example of this is the
response received by Senator KENNEDY
from the State Department in reply to
the recommendations contained in a
study mission report submitted by his
Senate Subcommittee on Refugees. In
regard to political, prisoners in South
Vietnam, the Department stated:
The Department of State cannot agree with
the Study Mission's assertion that the rec-
ord is clear that political prisoners exist in
South Vietnam."
We would add that the extensive evidence
available to us simply does not sustain the
highly publicized charges that civilian pris-
oners are subjected to widespread, systematic
mistreatment in the jails a the Republic of
Vietnam.
Time and again, the administration
continues to attempt to solve the prob-
lems of blatant and gross violations of
human rights simply by denying that
they exist. The State Department asser-
tion that there are no rfUlttical prisoners
n ou
find ns of
9 I ?
the Re u ee Subcommittee,
a
SO
e scores o
re
or
Re4eased2006P071/20 431Adllp s 0- ves a? utelY
report on Human Rignts e ori
Community submitted to Congress by the no question that these violations exist.
izations whose
S11204 Approved For ReftecdittggiD2OACIAMM19-f)0?StMigh 00040079-0 June 21, 1974
In Chile, while people are arrested, tor-
tured, and summarily killed for any rea-
son or even no reason, our Government
Is asking $85 million in bilateral aid for
the next fiscal year. Unlike other West-
ern countries, we have offered no asylum
to Chilean refugees. And we have said
nothing, officially, about the murder and
savagery.
If the United States only spoke out
against the torture, if our Embassy in
Santiago was active in watching the
trials and other visible manifestations of
oppression, if Congress could, just once,
attach conditions to aid, those who rule
Chile, South Vietnam, and other repres-
sive countries would listen.
But we in the Government of the
United States show no official concern
for human rights. We have nothing to
say about the repression and slavery of
the Ache Indians in Paraguay or about
the documented brutalities which have
occurred in some of Paraguay's neigh-
boring countries. In Korea, in Indonesia,
in the Philippines, in Uruguay, in Brazil,
and in scores of other countries whose
governments are our "friends," the Gov-
ernment of the United States sits idly
by as while grave acts of torture and
murder continue to be committed.
In a recent article in the New York
Times, Anthony Lewis summed up
American indifference best:
Some of the nagtiest governments In the
world today were born or grew with Amer-
ican aid. That being the case, the most mod-
est view of our responsibility would require
us to say a restraining word to them oc-
casionally. But we say nothing, we hear
nothing, we see nothing.
Citing the State Department response
regarding the nonexistence of South
Vietnamese political prisoners which I
mentioned earlier, Lewis writes:
Thus thousands of non-communists in
South Vietnamese jails were made to vanish,
the twisted creatures in tiger cages waved
away. Thus the idealism that once marked
America's place in the world has become in-
difference in the face of inhumanity.
Mr. President, it is appalling that the
concern for human rights is not even
considered in our country's foreign pol-
icy. It has been pushed from a low prior-
ity to total invisibility behind the "more
important considerations" of political,
? economic, and military decisionmaking.
It has been totally neglected and all but
dismissed as a factor in United States
foreign policy.
While one would be foolish to suggest
that the human rghts factor should be
the only consideration, or even the single,
major factor in determining our foreign
policy, there is little doubt that it ought
to be accorded far greater import than
what now exists. If the United States
cannot play a role in setting some kind
of example for other countries to follow,
then surely we cannot expect some other
country or international organization to
do so either.
In this country, respect for human
rights is a fundamental tradition set
down in the Constitution. The citizens in
this country have long cherished this
tradition as one of the most fundamental
of all and oneArkkfisafivwdlikfig4M6Ackfa
We have encetiKed other counIFfes
their governments to accept the princi-
ples of our Bill of Rights to the point they are violated. It simply has got to
where we hive even helped write their start here.
existing constitutions. The U.S. Govern- It is for this reason that I am now
ment has had ample opportunity to im- introducing this amendment to the fiscal
press upon these governments of the im- 1975 foreign aid bill.
portance of guaranteeing human rights The sole Dui:pose of this amendment
to all of their people?regardless of be- is re" Insure that those ?7MTe-WMTI^e
lief, race, or ideology. imprisoned m countries whose overn-
Yet, the State Department has taken mi ary a
the position that questions involving hu- are being accorded' tne most basic oh
man rights are domestic in nature and human rights, if, in the opinion oh any
not relevant in determining bilateral one oh the tour organizations the Gov-
relations. With almost weekly charges ernment is insuring these rights to its
of serious violations of human rights citizens, then there would be no ques-
somewhere in the world, the most the tion as to their eligibility for receiving
Department has done is to make private U.S. foreign aid. However, if on the other
inquiries and low-keyed appeals to the hand, the organization determines that
government concerned, the rights of its citizens are being vio-
While the State Department continues lated, the , country would not be eligible
to rely on the "nonintervention" ration- for U.S. military assistance until those
ale in cases involving human rights, it is rights are restored.
all but forgotten at other times. In the The international organizations are a
last 15 years alone, we have seen overt vital contributor to the international
examples of U.S. intervention in the protection of human rights. Their value
Dominican Republic, in Cuba, and in arises from their independence from
Southeast Asia, merely lo name three, governments which enables them to view
God only knows how many covert opera- objectively human rights situations in
tions the United States has been involved various countries without regard to po-
in during this same time period. liticol considerations. These traits of oh-
In addition, the United States has not jectivity and political independence make
hestitated to criticize violations of hu- it possible for nongovernmental orga-
man rights in the Soviet Union?espe- nizstions to speak out against human
cially in regard to the Solzhenitsyn at- rights violations when governments are
fair. Even a vast number of Mernbers in silent. I am therefore convinced that
the Senate have attempted to threaten with the 'assistance of such international
to curtail trade with the Soviet Union if organizations, the United States can go
its emigration policy for Jews is not a long way in insuring that at least in
modified. Current U.S. policy, however, those countries who receive U.S. military
has made it clear that Soviet violations aid, the basic human rights of their citi-
of human rights will not deter efforts to zens are allowed.
promote dttente with the Soviet Union. In recent years, the world has wit-
I concur with those who argue that as nessed an alarming increase in the viola-
the importance of ideology in interna- tions of human rights including the
tional relations continues to lessen, the practice of torture. Amnesty Interna-
United Statiss must begin to consider a tional estimates that torture exists in
certain government's adherence to ob- at least 64 countries at lost count?many
jective human rights standards as one of whose governments are considered
Important criterion in determining our friends of ours. Until this country speaks
foreign policy. Certainly, protection of out in defense of these rights, until we
human rights is often a better measure use our massive influence with many of
of the performance of a government than these countries to terminate their in-
is ideology. humane treatment of their own citizens,
In the last year, the Senate has hod the violations will continue to occur and
the opportunity on several occasions to most likely increase.
emphasize the importance of human This amendment is an attempt to use
rights in the implementation of foreign that influence. Members of the Senate
policy. We have attempted to establish will have the opportunity to put the Con-
some criteria which could be considered gress on record as opposing the repug-
in determining who should receive U.S. nant treatment of millions of people by
foreign aid and just what that aid should their own government. It is an oppor-
consist of. tunity to begin to put an end to the tor-
On each occasion, however, the sup- ture, the unjust imprisonment, and the
porters of this effort have been accused mass murders of thousands of innocent
of intervening in the domestic affairs of people. I believe that it is not only an
another country, of using faulty cri- opportunity, but a responsibility.
teria in establishing for sign policy, and Mr. President, I ask unanimous con-
of jeopardizing U.S. international po- sent that the text of the amendment be
litical and military positions by offering inserted into the RECORD.
or supporting such legislation. There being no objection, the amend-
Mr. President, I Join those who be- ment was ordered to be printed in the
lieve that arguments such as these are RECORD, as follows:
completely wrong and totally without
AMENDMENT No. 1512
merit. I believe that tie only way in
which basic houman rights can be con- On page 7, between lines 13 sfid 14, insert
the following:
sidered in the overall t.etermination of
ACCESS OP INTERNATIONAL ORGANIZATIONS TO
foreign policy is for the Congress to dem-
PRISON
onstrate its concern. Members of Con-
gress should not hesitate to speak out 1-2"seisisset.a1noc.ecaapter 3 of part III of the Foreign
Act of 1961 is amended by adding
aiggiftalnuatigOpErgibb 0 mom the
Internationalfcalowin gnew section:
Organiza-
tional standards of human rights when tions to Prisons.?No funds made available to
Juile 21,
/A0geroved For Relei1NCIK0671201ACIA?RCIPM)995715010100040079-0 S 11205/
carry out this or any other law shall be used
to provide military assistance or security sup-
porting assistance or to make military sales,
credit sales, or guaranties, to or for any for-
eign government during any period in which
that government does not allow the Inter-
national Committee of the Red Cross, the
International Commission of Jurists, Am-
nesty International, or the Inter-American
Commission on Human Rights, free access
into the prisons of that country for the sole
purpose of conducting inspections with re-
spect to alleged violations of human rights."
On page 7, line 16, strike out "Sec. 10" and
insert in lieu thereof "Sec. 11".
TEMPORARY INCREASE IN THE
PUBT.,iIC DEBT LIMIT?AMEND-
MEN
'AMENDMENT NO. 1813
(Ordered to\ 1?e printed and to lie on
the table.)
Mr. MAGNUSO (for himself and Mr.
MANSFIELD) submitte an amendment in-
tended to be proposedby them jointly
to the bill (H.R. 148323k o provide for
a temporary increase in t public debt
limit.
Mr. MAGNUSON. Mr. Preside*, I sub-
mit an amendment authored by t dis-
tinguished majority leader (Mr. M&s-
FIELD) and myself to set a certain do;
December 31, 1974, by which time pri-
vate citizens shall be permitted to own
gold for investment purposes. Under Our
amendment, the President would have
discretionary authority to remove the
present restrictions on private ownership
before December 31. However, and I want
to emphasize this point, the amendment
would permit private ownership as of
December 31- even if the President did
not act. It should be noted that our
amendment is essentially the same as the
gold ownership provision contained in
H.R. 15645 which has just recently been
reported by the House Banking Commit-
tee. Consequently, we are confident our
amendment would be acceptable to the
House.
Mr. President, this is a matter in which
Senator MANSFIELD and I both have long
been interested, and we feel strongly that
the time has arrived for resolving this is-
sue- once and for all. Last year, of course,
the Senate passed legislation (S. 929
that would have permitted private owne -
ship of gold beginning on December/ 1,
1973. The House bill, however, did.hot
permit private ownership until sucfthime
as "the President finds and reportsoto the
Congress that international mondary re-
form shall have proceeded tole point
where elimination of regulatio,' is on pri-
vate ownership of gold will not adversely
affect the United States Lkernational
monetary position." As Stators know,
the House provision pre tiled in con-
ference.
Mr. President, we can,itee how it might
be beneficial to allow tiie administration
some flexibility in bringing the present
restrictions on privaee ownership to an
end. However, all of Am in this body know
from hard experience how matters of
this sort have a habit of just dragging on
and on without filial resolution.
The amendtrygnt we are offering today
on the other hand of assuring that this
matter will be brought to a final conclu-
sion within a reasonably short period of
time.
Mr. President, I urge adoption of the
amendment.
A nIENDMENT NO. 1514
(Ordered to be printeC. and to lie on
the table.)
Mr. CHILES. Mr. Pres:.dent, I submit
an amendment to H.R. 14832, which
would prohibit the reduction of certain
veterans' benefits as a result of increase
in social security or railroad retirement
benefits or certain other annuities.
I ask unanimous consent that the text
of the amendment be printed in the
RECORD.
There being no objection, the amend-
ment was ordered to be printed in the
RECORD, as follows: ?
AMENDMENT No. 1514.
At the end of the bill add a new sectio
as follows:
SEC. . (a) Section 415(g) of title,
United States Code, is amended by adffing
at the end thereof a new paragraph fol-
lows: .
"(4) Notwithstanding the pro Sions of
n
paragraph (1) of this subsectio n deter-
mining the annual income of arfOerson for
any year there shall not be lnctiided in such
ncome?
(A) the amount of 9t;ii increase in
,
nittithly insurance benefitpliayable to such
perg-iduring such year..Onder section 202
or 22gd the Social Secuzity Act, the amount
of any Ikrease in the Aionthly payment of
annuity ol:`,_vension payable to such person
during such. year unAer the Railroad Retire-
ment Act of 198115,orlithe Railroad Retirement
Act of 1937, or fitr amount of any cost-of-
living adjustrnenan annuity under sec-
tion 8340 of tltV 5, lalted States Code, if?
"(i) such 11Crease rbfyilta from provision
of law enacted after Dedebaber 30, 1973, pro-
viding increases in the l'Thonthly benefits
? payable trm
eliiividuals entitled to benefits
under sulh section 202 or 2`jf.3pt the Social
SecuritFj, ct, such increase rcsula from pro-
visiona, of law enacted after sucIVelate pro-
viding Increase; in railroad retiremea,,Toene-
fits,-,dr such adjustment results from'keust-
of,Ifying adjustment in a civil service-
tliement annuity effective after Decembet,
W. 1973; and ? ??4.?
"(ii) for the month (or any portion there-
of) in which the Act containing such pro-
visions of law was enacted or for which such
adjustment was effective, such person was
entitled to (I) a monthly insurance benefit
under section 202 or 223 of the Social Se-
curity Act, m?-usthly payment of annuity or
pension under the Railroad Retirement Act
of 1937 or the Railroad Retirement Act of
1935, or an annuity under subchapter III
of chapter 83 of title 5, United States Code,
(or other comparable provision of law), as
the case may be, and (II) dependency and
indemnity compensation under the provi-
sions of this chapter; and
"(B) the amount or any lump-sum pay-
ment paid to such person during such year
if?
'(i) such payment is attributable to an
Increase in (I) the monthly insurance bene-
fits to which ,;lich person is entitled under
-section 202 or 223 of the Social Security Act,
or (II) the amount of the monthly payment
of annuity or pension payable to such per-
son under the Railroad Retirement Act of
1936 or the Railroad Retirement Act of 1937;
"(ii) such increase results f::om the enact-
oft,'e December 30, 19'73, of any.
need on one prov1-
addresses bot or those concerns--the Egon of_ Low_ nwreasin2aa =Datil iiitA
tion some exibil tY and the neemity efits under section 202 or 2211 01 the Social ?
Security Act, or (II) the monthly payme,,fies'
of annuity or pension payable to indiviplials
under the Railroad Retirement Act 1935
or the Railroad Retirement Act of 1,07; and
"(iii) such lump-sum payment 4paid sep-
arately from the rest of any mr,9lthly insur-
ance benefit of such person uriAr section 202
or 223 of the Social Securlt, Act or of any
monthly payment of annuy or pension pay-
able to such person unapt the Railroad Re-
tirement Act of 1937." -;
(b) Section 603 of?iitle 38, United States
Code, is arnendedviy adding at the end
thereof a new snhtection as follows:
"(d) Notwitlittanding the provisions of
subsection (t)f this section, in determin-
ing the annual income of any person for any ?
year for puftioses of this chapter or the first
sentence.zOf section 9(b) of the Veterans'
Pensio0ict of 1959 or any prior law, there
shall npt be included in such income?
"oy the amount of any increase in
mrthly insurance benefits payable to such
pp Son during such year under section 202
Ve 223 of the Social Security Act, the amount -
bf any increase in the monthly annuity or
pension payable to such person during such
year under the Railroad Retirement Act of
1935 or the Railroad Retirement Act of 1937,
or the amount of any cost-of-living adjust- .
ment of annuity under section 8340 of title
5, United States Code, if? ?
"(A) such increase results from provisions
of law enacted after December 30, 1973, pro-
viding increases in the monthly benefits pay-
able to individuals entitled to benefits under
such section 202 or 223 of the Social Security
Act, such increase results from provisions
of law enacted after such date providing
increases in railroad retirement benefits, or
such adjustment results from a cost-of-living
adjustment in a civil service retirement
annuity effective after December 30, 1973,
and
"(B) for the month (or any portion there-
of) in which the Act containing such pro-
visions of law was enacted or for which such
adjustment was effective, such person was
entitled to (1) a monthly insurance benefit
under section 202 or 223 of the Social Secu-
rity Act, a monthly payment of annuity or
pension under the Railroad Retirement Act
of 1937 or the Railroad Retirement Act of
1935, or an annuity under subchapter III of
chapter 83 of title 5, United States Code
(or other comparable provision of law), as
the case may be, and (II) pension under
the provisions of this chapter or the first
sentence of section 9(b) of the Veterans'
Pension Act of 1959 or any prior law.
"(2) the amount of any lump-sum pay-
Went paid to such person during such year ,
"eitiv. such payment is attributable to an
increa5h.;4n (1) the monthly insurance bene-
fits to which such person is entitled under
section 262\or 223 of the Social Security
Act, or (ii) ;tile amount of the monthly pay-
ment of annhilly or pension payable to such
person under tiOtRailroaci Retirement Act of
1935 or the Rallrafq, Retirement Act of 1937;
"(13) such increasp results from the en-
actment, after Decembpr 30, 1973, of any
provision of law increa:'ng (1) the monthly
benefits payable to incW lduals entitled to
benefits under section 202 .57723 of the Social
Security Act, or (ii) the risof:thly payments
of annuity or pension payable 10 individuals
under"the Railroad Retirement "?,t of 1935
or the Railroad Retirement Act of 1937; :and
"(C) such lump-sum payment H paid
separately from the rest of any monthly in-
surance benefit of such person under section
202 or 223 of the Social Security 'Act or of
any monthly payment of annuity or pension
payable to such person under the Railroad
Retirement Act of 1935 or the Railroad Re-
tirement Act of 1937.".
Q00340146 1614 earsertyo I rheeard "e a: se "An Act
public debt limit, and for other purposes."
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93D CONGRESS
2D SESSION
S. 3394
IN THE SENATE OF THE UNITED STATES
APRIL 29, 1974
Mr. SPARNMAN (by request) introduced t Ice following bill; which was read twice
and referred to the Committee on Foreign Relations
A BILL
To amend the Foreign Assistance Act of 1961, and for other
purp( )ses.
it Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited ns the "Foreign Assistance Act
4 of 1974".
5 TITLE I
MIDDLE EAST PEACE
7 SEC. 2. The Foreign Assistance Act of 1961 is amended
S by adding at the end thereof the following new part:
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Irr VI
1.101. ST XTEMENT ( ingress
recognizes that a peaceful and lasting resolution of the di-
visive issue, that have contributed to tension and conflict
between nations in the Middle East is essential to the se-
curity 4 the United States and the ell ris.e of world penee.
TI Congre, declares and finds that the United States can
and should ulav a constructive role in securing a just and
I) durable peace in the lliddle East liv facilitating increased
Itt nnderstandine- between the Arab nations and Israel, and by
Ii it.sistinti, the nations in the area. in their Mutts to achieve
i2 economic pri irrus and poruical stability, which are the es-
sential Mimi:Ilion, for a just and durable per cc. It is the
14 sense of Coni,ress that United States assistant.c programs in
15 the Middle East shonld he designed to pronure mutual re-
it; spc and security among the nations in the arta and to ft.
17
ter a climate conducive 10 increwsed economic development,
thereby Conti:11)111111g In a c mmunitv of free, secure, and
19 prospering nation, in the Middle Last
20 ''SE( . 902. ENERAI, A FITIORITY.?The Pt CSMVIII is an-
21 (lionized to furnish. on such terms and (-()ndit tot s as he may
22 oetermine. a:,istaliet, minimized liv this Act and credits and
2. guaranties authorized I iv the Foreign -Military 4ales Act in
21 order to carry mit the purposes of this part.
25 "SEC. 90, AuxwATIoNs.?(a) Of the ftmds approp
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1 ated to carry out chapter 2 of part II of this Act, during the
2 fiscal year 1975 up to -100,000,000 may be made available
3 for military assistance in the Middle East.
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
" (b) Of the funds appropriated to carry out chapter 4
of part II of this Act, during the fiscal year 1975 up to
$377,500,000 may be made available for security support-
ing assistance in the Middle East.
" (c) Of the aggregate (1ihng on credits and guaranties
established by section 31 (b) of the Foreign Military Sales
Act, during the fiscal year 1975 up to $330,000,000 shall
be available for countries in the Middle East.
"SEc. 904. (a) SPECIAL IREQ1JnEIENTs FUND.?
There are authorized to be appropriated to the President for
the fiscal year 1975 not to exceed
100,000,000 to meet
special requirements arising trona time to time in carrying out
the purposes of this part, in addition to funds otherwise avail-
able for such purposes. The funds authorized to be appropri-
ated by this section shall bc available for use by the Presi-
dent for assistance authorized by this Act in accordance with
the provisions applicable to The furnishing of such assistance.
Such funds are authorized to emain available until expended.
"(b) The President shall keep the Committee on For-
eign Relations and the Committee on Appropriations of the
Senate and the Speaker of the House of Representatives cur-
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4
rently informed on the pr graming and obligation of funds
under subsection (a) ."
Six.. 3. Section 620 (p) of the Foreign Assistance Act
4 of 1961 is repealed.
(i
7
Ti Fix, II
1 N I NA POSTWAR RECONST1?I7CT1ON
SEC. 4. Section 802 of the Foreign As:istance Act of
8 1961 is amended to read as follows:
9 "SEC. 802. At-rpoRtz km)\-.?Th .re are authorized to
m be appropriated to the President to furnish assistance for
11 relief and ? ue.truction of South Vietnam. Cambodia. and
19 Laos as authorized hv this part, in addition to funds other-
13 wise availahle for such purposes. for the 11SeIll Vear 1974 not
14 to exceed 8504.000,000, and for the fiscal year 1975 not to
15 exceed $939,800.000 which amounts are authorized to re-
it; main available until expended."
TITLE III
18 FourinN ASSISTANCE AcT A MENDMENTS
19 DEVELOP 11 ENT ASSISTANCE A 11-1 DOP I Z ATIONS
90 SEr. 5. Section 103 of the Foreiffn A ssktance Act of
21 1961 is amended bv striking out the words "$291,000,000
for each of the fiscal vears 1974 and 1975" and inserting in
93 lien thereof ":29 000.000 for the fiscal year 1974, and
24 8546,300,000 for the fiscal year 1975".
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1 HOUSING GuARANTTE8
2 SEC. 6. Section 223 (i) of the Foreign Assistance Act
3 of 1961 is amended .by striking out "June 30, 1975" and
4 inserting in lieu thereof "June 30, 1976".
5 INTERNATIONAL ORGANIZATIONS. AND PROGRAMS
6 SEC. 7. Section 302 (a) of the Foreign Assistance Act of
7 1961 is amended by striking out the words "for the fiscal
8 year 1975, 8150,000,000" and inserting in lieu thereof "for
9 the fiscal year 1975, $153,900,000".
10 MILITARY ASSISTANCE
11 SEC. 8. (a) Chapter 2 of part of the Foreign As-
12 sistance Act of 1961 is amended as follows:
13 (1) In section 504 (a) , strike out "$512,500,000
14 for the fiscal year 1911" and insert in lieu thereof
15 "$985,000,000 for the fiscal year 1975."
16 (2) In section 506 (a) ?
17 (A) Strike out "the fiscal year 1974" in each
18 place it appears and insert in :lieu thereof "the fiscal
19 year 1975"; and
20 (B) At ? the ead of subsection (a) add the
21 following sentence: "Orders not exceeding $250,-
22 000,000 in value may be issued under this sub-
23 section, upon such determination, during th.e period
24 of any succeeding fiscal year that precedes the
S. 3394 2
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111101011411 of lorislation authorizing appropriations
2 for toilitarN assistance for that lisral year.".
CO After section 506, add the following new
4 section:
5 Situ. 507. LIMITATION ON THE OR OF EXCESS
fi
7 ' (a) Except as provided in 'section 506, the aggregate
8 value of excess defense articles ordered during the fiscal
9 year 1975 tinder this chapter for foreign countries and inter-
10
11
12
13
11111it nal 0 ,IttniZatiMIS shall not exceed $150,000,000.
?? (h) The Secretary of State shall promptly and fully
inform the Speaker of the House of Representatives and the
Committee on Foreign Relations and the Committee on
14 A ppropria le Senate of each decision to furnish on a
15 grant basis to any country excess defense art cies which are
16 major wet pons systems to the extent such major weapons
17 system was not included in the presentation material pre-
18 viously submitted to the Congress. Additiomwhlv, the Sure-
19 tars' ol State shall also subunit a quarterly report to the Coim-
20 listing by country the total value of all deliveries of
21 excess defense articles. disclosing both the aggregate original
22 anotisition cost and the aguegate value at the time of de-
livery.-
24 (14 Section 655 (c) of the Foreign Assistance Act of
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7
1 1961 shall not apply to assi lance authorized under any pro-
2 vision of law for the fiscal year 1975.
3 (c) Section 8 of the Act entitled "An Act to amend the
4 Foreign Military Sales Act, and for other purposes", ap-
proved January 12, 1971 (84 Stat 2053) , as amended,
6 is repealed, effective July 1, 1974.
7 SECURITY SUPPORTING ASSISTANCE
8 SEC. 9. Section 532 of the Foreign Assistance Act of
9 1961 is amended by striking out "for the fiscal year
10
1974 not to exceed
125,000,000, of which not less than
11 $50,000,000 shall be available solely for Israel" and insert-
12 ing in lieu thereof "for the fiscal year 1975 not to exceed
13
14
15
385,500,000".
TITLE IV
FOREIGN MILITARY SALES ACT AMENDMENTS
16 SEC. 10. (a) The Foreign Military Sales Act is amended
17 as follows:
18 (1) Section 3 (d) is mended to read as follows:
19 "(d) A country shall remain ineligible in accordance
20 with subsection (c) of thi,, section until such time as the
21 President determines that such violation has ceased, that the
22 country concerned has giv(?ii assurances satisfactory to the
23 President that such violation will not recur, and that, if such
24 violation involved the transfer of sophisticated weapons with-
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8
out the consent of the President. such weapons have been
o rot rned to the country concerned."
3 (2) In section 24 (a) and section 24 (b) the parch-
4 thetical phrase in each is amended to read: " (excluding
5 United States Clovernment agencies other than the Fed-
('ral Financing Bank) ".
7 (3) .(,,etion 24 (o) is amended to rad as follows:
8 " (c) Funds made available to carry out this Act shall
In' obligated in an amount equal to 25 per centuni of the
10 principal amount of contractual liability related to any guar-
11 may isiied prior to July 1 1974, under this section. Funds
19 made available to carry out this Act shall be obligated in an
13 amount equal to l U per centum of the principal amount of
14 contractual liability related to any guaranty issued after
15 J
ine 30, 1974, under this section. All the funds so obligated
it; shall constitute a single reserve for the paynent of claims
17
18
19
90
21
(yi)
under such guaranties, and only such of the funds in the
reserve as may be in excess from time to tunic of the total
principal amount I contractual liability related to all out-
standing guaranties under this section shall be deobligated
and transferred to the general fund of the areasury. Any
(rtetranties issued hereunder shall be backed by the full faith
o., and credit of the I' 'lied States."
24 (4) in suction 31-
25 (A) Subsection (a) is amended by striking
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1
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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out 1325,000,000 For fiscal ,year 1974" and in-
serting in lieu thereof "$555,000,000 for the fiscal
year 1975"; and
(B) Subsection (b) is amended by striking out
"$73,000,000 for the fiscal year 1974, of which
amount not less than $300,000,000 shall be avail-
able to Israel only" and inserting in lieu thereof
$872,500,000 for the fiscal year 1975.".
(5) In section 33?
(A) subsection (a) is repealed;
(B) subsection (b) is redesignated as subsec-
tion (a) ; and
(C) a new subsection (b) is added as follows:
"(b) The President may waive the limitations of this
section when he determines it to be important to the security
of the United States and promptly so reports to the Speaker
of the House of Representatives and the Committee on For-
eign Relations of the Senate."
(b) Obligations initially charged against appropriations
made available for purposes authorized by section 31 (a) of
the Foreign Military Sales Act after June 30, 1974, and
prior to the enactment of the amendment of that Act by
paragraph (3) of subsection (a) of this section in an amount
equal to 25 per centum of the principal amount of contrac-
tual liability related to guaranties issued pursuant to section
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24 (a) of that Act shall be adjusted to reflect such amend-
9
meat ',Aid, I?. per credit to the appropriation: made available
in the fiscal year 1975 to carry out that Act.
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93D CONGRESS
2D SESSION
S. 3394
A BILL
To amend the Foreign Assistance Act of 1961,
and for other purposes.
By Mr. SP kR1121TAN
APRIL 29, 1974
Read twice and referred to the Committee on
Foreign Relations
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June 21, 1974 ApprovedCRONINIESSIMMOrt2COUVREM201357A000100040079-0
STATEMENT BY SENATOR BROOK
I am delighted to join the Senator from
Wisconsin (Mr. PsoXelleS) in sponsoring
legislation o amend the Truth-in-Lending
Act to subs ute a qui tam remedy for class
actions.
When the ubconunittee on Consumer
Credit was wor s g on Truth-in-Lending Act
Amendments we found that the Federal
courts had exper ced problems in certify-
ing class action sui i, for the enforcement of
that Act. Section 13'..f the Truth-in-Lend-
ing Act permits con mars to bring civil
actions in the Federa ourts against any
creditor who fails to disc e the information
required by the Act. A pro m has arisen in
applying the minimum Ha lity provisions
of the Act in class action su volving mil-
lions of consumers. As a resu the present
civil remedy serves neither th consumers
intended to be aided by the Tru in-Lend-
ing Act nor the creditors inten to be
subject to its controls. In addition, t ling
of the Supreme Court in the Eisen c re-
quiring persons initiating class action its
to notify at their expense all other per s
in the class, wit make it next to impossi
for consumers to utilize the class actio
rernedy.
As a solution to the problem a number of
scholars have sugeeeted that the class action
device be statutorily limited to the recovery
of actual damages and ? that a new tech-
nique?the qui tam action?be utilized to
encourage the private attorney general to
prominently participate in the enforcement
of truth-in-lending.
In an effort to fashion a legislative ap-
proach which Will improve the effectiveness
of the Truth-in-Lending Act, / join with
Senator Proxmire in offering this amendment
to the Truth-in-Lending Act. This will give
the public an opportunity to comment on
the provisions in this legislation, on which
I retain an open mind.
8.3690
Be it enacted by the Senate and Rouse
of Representatives of the United States of
America in Congress assembled,
Section 130(a) of the Truth in Lending
Act (15 U.S.C. Sec. 1640) is amended to read
as follows:
"(a) (1) Except as otherwise provided in
this section, any creditor who, with respect
to any person, fails to comply with any re-
quirement imposed under this title (othe
than Chapter 3) is liable to such person
an amount equal to the greater of (1) e
the finance charges imposed but not less an
$100 nor more than $1,000, or (2) the tual
damages sustained by that person; Pr
however,
however, That in the case of a viol,on in-
volving conduct which was part of a editor's,
course of conduct with respect which a
judgment has been entered aga that cred-
itor pursuant to Paragraph (3 the creditor
Is liable under this proviso r any actual
damages sustained by a per n bringing an
action wader this Paragrap
"(2) (A) Except as oth wise provided in
this section, any obligor, ether or not actu-
ally damaged, may bri g a civil action in
any United States dist ct court pursuant to
Title 28, U.S.C. Sec. 22 for a declaration that
a creditor of such ligor has engaged in a
course of conduct in violation of the re-
quirements impo d by chapter 2 of this
title (provided t at at least one such viola-
tion occurred v in one year before the initi-
ation of the tion), for injunctive relief
and for the r ef provided by Paragraph (3).
"(8) Exce t as otherwise provided in this
section, an bona fide consumer protection
organizati n, whether or not actually dam-
aged, bring a civil action in any United
States strict court pursuant to Title 28,
U.S.C. 201 for a declaration that a creditor
has e gaged in a course of conduct in viola-
tion the requirements imposed by chapter
2 of this title (provided that at lease one
such violation occurred nithin one year be-
fore the initiation Of the action and regard-
less of whether such or' aization is an obli-
gor of such creditor), fee' injunctive relief
and for the relief provelled by Paragraph 3.
In the case of actions lin Ight under this sub-
paragraph, the court sheet determine, as. soon
as practicable, whether he plaintiff is a bona.
fide consumer protect: organization. In
making this determtnation, the court shall
consider, among other eactors, the length of
time the organization as been in active ex-
istence, the nature and nivel of its actinities,
the size of its member-1p, and its experi-
ences in consumer preelection litigation. An
organization establiehed solely or primarily
for the purpose of bringing the particular
action in which the determination is being
made is not a bona fide consumer protection
organization.
"(C) The person bringing an action 'under
this paragraph shall &liege all such courses
of conduct by the cretin:or that are claimed
to be in violation and iniown to the person.
Such action shall be brought in the name
of and for the United etates as well as to
the private plaintiff. The: person bringing t
action shall immediate i y give notice of e
ndency thereof to tile United Stet by
ding to the Board e id to the A rney
ral of the United States by etified
a copy of the etnnolaint to er with
a so ary statement in writ' outlining
the e nee and information the posses-
sion of plaintiff ma eerial the effective
prosecut of the action, copy of the
notice, wi roof of re. g, shall be filed
with the c t. If wi1,i sixty days after
notice, the ed S es fails to file with
the Court a to il n. re of its intervention
as a co-plaintiff, earlier declines in
writing to the co I enter such action,
. the action may ?eel on by the person
bringing it, pro ed t the court finds, on
motion made such .son within 61) days
after the e ration of ch period or the
declinatio f the Units tates, that such
person c and will adve ia prosecute the
action.
"(3) . the event that more n one civil
actio shall be institute e pursu to Para-
gra (2) involving tin same cou of con-
d the court shall determine in h case
e plaintiff will best, :cost effectiv rep-
esent the position or positions adve to
the defendant, and shell stay furthee o-
ceedings in the other acetone until that
has been adtudicated: between two plainti
who represent those petitions equally well,
the one who filed first !shall be preferred. If
a person bringing such ectiern, or the United
States, prevails in the nation, the court may
enjoin the course of conduct, and shall im-
pose a civil penalty or the creditor within
the limitations specifteet in Paragraph (4),
of which amount not less than $50/0 nor
more than $10,000 ehail be awarded 1:0 the
rerson who prevailed end the balance shall
be awarded to the Urieed States. No such
civil penalty shall be ievarded in any other
action with respect tc the same course of
conduct of the credit: occurring prior to
the time at which the iudgment imposing
the penalty or enjoinine such conduct be-
comes final.
"(4) A creditor shall s liable under para-
graph (3) for not less than $15,000 nor more
than $200,000. In deterinining the amount of
this civil penalty, the eourt shall consider
the resources of the creeitor, the number of
persons adversely affected by the course of
conduct, and any alit ireative action taken
by the creditor, prior the filing of the
suit, to achieve comphence with chapter 2.
The court may permit the defendant to pay
the United States share of the judgment in
installments.
"(5) In any succesesul action brought
under paragraph (1) or (2), the coure shall
award to the person who prevailed in the
action costs and a reasonable attorney's fee.
In determining the amount of a reasonable
attorney's fee, the court shall con en
among other relevant factors,
(A) the time required to prosecut e ac-
tion;
(S) the novelty and difficulty the issues
involved and the skill requi o prosecute
the cause;
(C) the contingency o rtainty of suc-
cess; and,
(D) the amount of unsel fees that the
defendant incurred connection with its
defense of the act
The fact that a nttff is represented by an
attorney retai or employed by a non-
profit organ i ion, shall not preclude an
award of ey's fees under this sub-
section.
"(6)
sectiot. ny not be enforced in a class ac-
tio
remedies provided by this sub-
2. The amendments to section 130(a)
the Truth in Lending Act made by this
at shall apply to actions initiated after
the date of enactment of this Act and to any
action pending on such date if such action
is so amended with the consent of all par-
ties. All other actions pending on the date
of enactment of this Act shall be subject to
the provisions of section 130(a) in effect
prior to the date of enactment of this Act.
ADDITIONAL COSPONSORS OF BILLS
s. 2801
At the request of Mr. PROxeLIRE, the
Senator from California (Mr. CRANSTON)
was added as a cosponsor of S. 2801, to
prevent the Food and Drug Administra-
tion from regulating safe vitamins as
dangerous drugs.
S. 3879
At the request of Senator MeGOVERN,
the Senator from Georgia (Mr. TAL-
MADGE), the Senator from Alabama (Mr.
ALLEN) , the Senator from Mississippi
(Mr. EASTLAND), the Senator from Min-
nesota (Mr. HUMPHREY) , the Senator
from Kentucky (Mr. HunmEsToN) , the
Senator from Iowa (Mr. CLARK) ,the Sen-
ator from Texas (Mr. BENTSEN), the Sen-
ator from New Mexico (Mr. MONTOYA) ,
the Senator from Vermont (Mr. AIKEN) ,
the Senator from North Dakota (Mr.
YOUNG) , the Senator from Nebraska (Mr.
trims), the Senator from Kansas (Mr.
LE), the Senator from Oklahoma (Mr.
B moN) , the Senator from Colorado
( HASKELL), and the Senator from
Sou Dakota (Mr. ABOUREZK) were
adde cosponsors of S. 3679, a bill to
provid mergency financing for live
stock pr cers.
SENATE OLUTION 345?ORIG-
INAL RES ION REPORTED AU-
THORIZIN UPPLEMENTAL EX-
PENDITURE Y THE COMMITTEE
ON FOREIGN LATIONS
(Referred to the mmittee on Rules
and Administration.)
Mr, FULBRIGHT, the Commit-
tee on Foreign Relatio reported the
following resolution:
S. REs. 345
Resolved, That Senate Resol el 241, 93d
Congress, agreed to March 1, 1974, mended
as follows:
(a) In section 2, strike out th ount
$708,800" and insert in lieu ereof
"$851,000".
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AMENDMENT OF THE FOREIGN
ASSISTANCE ACT?AMENDMENTS
AKEND MINT NO. 1611
(Ordered to be printed and referred
to the Committee on Foreign Relations
Mr. ABOUREZE submitted an amend-
ment intended to be proposed by him to
the bill (S. 33941 to amend the libretto
Assistance Act of 1981, and for other
purposes.
Mr. ABOURECE. Mr. President, the
now familiar panacea for domestic ills,
law and order, has long been used to
describe American objectives in the
trobuled areas of Africa, Asia. and Latin
America. While the Federal Government
did not start aiding local U.S. police
agencies until 1968, we have been sup-
plying the police of selected underde-
veloped nations with equipment. arms,
and training since 1954. U.S. funds have
been used to construct the National Po-
lice Academy of Brazil, to renovate and
expand the South Vietnamese prison sys-
tem, and to install a national police com-
munications network in Colombia. The
Agency for International Developmeni.
estimates that over 1 million foreign po-
licemen have received some training oi
supplies through the U.S. public safety
program?a figure which includes 100,000
Brazilian police and the entire 120,000-
man National Police Force in South
Vietnam.
U.S. foreign aid Programs in the un-
derdeveloped third world call for a
modest acceleration of econonlIc growth,
to be achieved wherever poe.sible
through the normal prontrnairing activ-
ities of U.S. corporations and lending in-
stitutions. It is obvious, however, that
an atmosphere of insecurity and rebel-
liousness does not provide an attractive
climate for investment. In the rapidly
urbanizing nations of the third world.
civil disorders have become a common
phenomenon as landless peasants stream
to the cities in search of economic and
cultural opportunities.
Since most of these countries cannot
satisfy the aspirations of these new city -
dwellers under present economic and so-
cial systems built up tensions are Increas-
ingly giving way to attacks on the status
quo. After his UMW tour of Latin Amer-
ica, Nelson Rockefeller noted in his re-
port to the President that while Latin
armies:
Have gradually improved their capabilities
for dealing with Castro-type agrarian guer-
rillas. it appeared that radical revolutionary
elements In the hemisphere are increasingly
turning toward urban terrorism In their al -
tempts to bring down the existing order.
This prediction has already been borne
out in Brazil and Uruguay, where urban
guerrillas have in the past staged spec-
tacular bank robberies and iticinapptuge
Since the late 1950's a paramount con-
cern of American policymakers has been
the preservation of social stability in
countries deemed favorable to U.S. trade
and investment. UB. military planning
has been shaped by the need to provide,
on a moment's notice counterinsurgency
forces that can be flown in to the aid
of friendly regimes threatened by popu-
lar insurrection. The military assistance
program has been used to upgrade the
capabilities of indigenous forces to over-
come the rural guerrilla forces. Melte,
on the premise that the police constitute
the first line of defense against subver-
sion, the Agency for International De-
velopment ha a funneled American funds
and supplies into the hands of third
world police forces.
During hearings on the foreign assist-
ance appropriations for 1965, AID Ad-
ministrator David Bell described the ra-
tionale behind U.S. police assistance pro-
grams as follows:
Maintenance of law and order Including
internal security is one of the fundamental
responsibilities of government...
Successful discharge of this responsibility
is imperative If Es nation is to establish and
maintain the environment of stability and
security 84) essential to economic, social, and
political progress...
Plainly, the United States has very great
interests in the creation and maintenance
of an atmosphere of law and order under hu-
mane, civil concepta and control . . . When
there is a need, technical assistance to the
police of developing nations to meet their
responeibiiities promotes and protects these
US. Interests.
The public safety program is not large
in comparison to the military aid pro-
gram?but its supporters can muster
some impressive arguments in its favor.
It is argued, for instance, that the
pollee being interspersed among the
copulation?are mere effective than the
military in controlling low-scale insur-
gency. Supporters of the police assistance
program also point out that police forces
ere cheaper to maintain than military
forces, since they do not require expen-
sive "hardware" like planes, tanks, and
artillery.
These arguments, advanced by men
like Col. Edward Lansdale, formerly of
:he CIA. received their most favorable
response from President John F. Ken-
oedy and his brother Robert, then the
Attorney General, In the early 1960's.
Presidential backing was responsible for
a substantial expansion of the public
safety program in 1962, and for the cen-
tralization of all U.S. police assistance
activities in AED's Office of Public Safety.
The State Department memorandum es-
tablishing OPS is noteworthy for its
strong language--the memo. issued in
November 1962, declared that AID?
Vesta the Office of Public Safety with the
primary responsibility and authority for pub-
lic safety programs and gives that Office a
series of powers and responsibilities which
%All enable it to act rapidly, vigorously, and
Effectively ? .. powers greater than any other
Leohnica: office or division of AID.
The two Kennedys also gave enthusi-
:Lane support to the creation of an Inter-
American Police Academy in the Panama
canal Zone. Later, in order to open the
Academy to police officers from other
countries, it was moved to Washington,
D.C.. and reorganised as the Interna-
tional Police Academy.
The Office of Public Safety Is empow-
ered to statist Third World police orga-
nizations in three ways: First, by sending
"public safety advisers" who provide "in-
country training for rank and file Po-
licemen only at the expense of the host
ountry ; second, by providing training at
the International Police Academy and
other U.S. schools for senior police offi-
cers and technicians; and, third, by ship-
21, 1974
Ling weapons, ammunition, radios, patrol
cars, jeeps, chemical munitions, and re-
1 net! equipment.
Last year, after the passage of an
amendment to the Foreign Assistance
Act of 1974, I directed a letter to USAID
r squesting information on what the OPS
program would encompass in the next 2
years, taking in consideration the new
e mgressional limitations imposed on
C IPS.
Mr. Matthew Harvey, AID Assistant
Administrator for Legislative Affairs, re-
s )onded only in part to the question by
c loosing to omit the OPS plans for the
cnntinued export of police and para-
military weaponry. Harvey states:
During the next two years, the Office of
Public; Safety projected assistance to a num-
bir of countries. Currently Public Safety
grograms are being implemented in le coun-
ts les.
Oommltments include Public Safety ad-
v Dory assistance mainly in the field of ad-
inistration and management ?training
both in-country and at the International
P slice Academy in Washington. D.C.?corn-
wodity assistance which includes items such
a: vehicles. communcations, police type
w moons and training aids.
The International Police Academy is ached-
ed to provide training for police officers
from nations of the free world. Of high
pilority is training of foreign police officers
A 20 are responsible for the maintenance
co law enforcement resources which are
ammitted to the international narcotics
ccntrol efforts. The Public Safety program
also includes a training program for the
A' rice region which will enable police offi-
etre from 21 countries to receive U.S. train-
ing.
The Office of Public Safety Is also sched-
uled to provide TDY technical assistance to
ccuntri.s in the development of the police
institution. The Office of Public Safety has
Ix en tasked to provide technical assistance
In developing narcotic control programs
which include such specialized fields as
criminalistics. records and communications.
b. As you are probably aware the Senate/
House conferees have reported out the for-
e! fri aid bill which under Section 112 re-
mires the ending of all Public Safety aver-
se-Es programs. If signed into law in this
to-m. the Bill would not affect the activ-
ities of the International Police Academy in
Washington. The Academy would continue
to train notice officers in modern notice man-
apement and techniques as at present.
Usincr Latin America to measure the
-scone of these activities, we find that over
If-n nubile safety advisors have been sta-
tioned in 15 countries until now, and that
seine 2.r0m lAtin nolice officers have re-
lved training at the International Po-
lite Academy. In addition, over $42 mil-
li( on has been given to these countries in
0-213 supporting assistance Prorersms in
e last 3 years alone. Until 1972, the
le tding beneficiary of the public safety
ogram in Latin America was Brazil,
w itch received almost $8 million in OPS
funds by the middle of 1972. Since then,
tte largest recipients of OPS aid have
be en Colombia and Guatemala.
In providing this kind of assistance,
0'S notes that:
Moat countries possess a unified civil Been-
ril yr service which "in addition to regular
pc lice include pant military units within
crii police organizations and paramilitary
fovea such as gendarmeries, constabularies,
and civil guards which perform police func-
Ursa and have as their primary mission
ni.Eintaining Internal security.
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The AID program is designed to en-
cornnass all of these functions. According
to OPS:
Individual Public Safety programs, while
varying from country to country, are focused
in general on develoning within the civil se-
curity forces a balance of (1) a capability for
regular police operations, with (2) an in-
vestigative capability for detecting and iden-
tifying criminal and/or subversive individ-
uals and organizations and neutralizing their
activities, and with (3) a capability for con-
trolling militant activities ranging from
demonstrations, disorders, or riots through
small-scale guerrilla operations.
As noted in the 1962 State Depart-
ment memo, OPS possesses unique pow-
ers not granted to other AID bureaus.
These Powers enable OPS to "act ranidlY,
vigorously and effectively" in aiding
Latin regimes threatened by Popular up-
risings When a crisis develops in a Latin
canital, OPS officials often stay up "night
after night" in their Washington, ac.,
office to insure that needed supplies?in-
cluding radios and tear gas--reach the
beleaguered Police of the friendly regime.
AID officials insist that public safety
assistance is "not given to SupPort dic-
tatorships." But there are annarently ex-
ceptions to this rule: Administrator Bell
told a Senate Committee in 1965 that:
It is obviously not our purpose or intent
to assist a head of state who is repressive. On
the other hand, we are working in a lot of
countries where the governments are con-
trolled by people who have shortcomings.
Not wanting to embarass AID or any
of the people we support who have
"shortcomings" Bell did not mention
names.
It is entirely possible that one country
Bell was referring to is Brazil--a country
which until 1972 enjoyed a substantial
OPS contribution despite well-docu-
mented reports that political prisoners
are regularly being tortured by the police.
In justifying continued OPS aid to such
regimes, Bell explained that:
The police are a strongly anti-Communist
force right now. For that reason it is a very
important force to us.
It is no surprise that these men should
consider a small amount of allegedly
Communist-led terrorism to be sufficient
reason to subsidize the repressive ap-
paratus of a totalitarian regime.
THE "PUBLIC SAFETY PROGRAM" IN SOUTH
VIETNAM
According to a letter I received from
the State Department dated February 5,
1974, Assistant Administrator Harvey
stated that after June 14, 1974, there will
be no South Vietnamese police officers
admitted to training courses of what-
ever nature at the International Police
Academy.
In another letter, dated January 28,
the Department states that:
No U.S. personnel, either civilian or mili-
tary, are advising the Vietnamese National
Police under any contracts with the De-
partment of Defense or other government
agency. Such action would be in violation of
the Ceasefire Agreement of January 27, 1973
which has been strictly complied with.
Yet, in an article dated February 16,
David K. Shipler, a New York Times cor-
respondent stated that he has found a
great deal of evidence to the contrary.
Shipler writes:
Although the Paris agreements explicitly
rule out advisers to lie police force, the
South Vietnamese National Police continue
to receive regular adyfre from Americans.
In a recent conversation with thifi corre-
spondent, two high-reeking officers said they
and their staffs met frequently with the
Saigon station chief of the C.I.A. and his
staff. Sometimes, they said, the C.I.A. chief
asks the police to gatk er intelligence I or him,
and often they meet to help each other
analyze the data collec ted.
A police official co termed that in some
provinces "American falson men" who work
with the police remain ,sn the job. "fliere are
still some, but not so many," he said.
EPISODE IN P MICE STATION
Local policemen 8-ell refer to "American
police advisers," accord t lig to James Mark-
ham, Saigon bureau ohief of The New York
Times, who was dette ned by the police late
in January after a welt to a Vietcong-held
area.
Mr. Markham said hat in both Qui Nhon,
where he was held overnight, and Phan
Thiet, where he was detained briefly while
being transferred to Saigon, policemen, talk-
ing among themselve s referred to the "po-
lice adviser." In Phan Thiet, he reported, a
policeman was overlarord saying. "Let's get
the American police adviser over here."
In the last six weeks The New York Times
has made repeated attempts to interview
officials in the Uni ed States Agency for
International Development who are responsi-
ble for American aid to the police. Although
the officials appearee ready to discuss the
subject, they were ordered by the United
States Ambassador, (Ilrahain A. Martin, to
say nothing.
contrary to assurances from the State
Department, it is doubtful that police as-
sistance to South Vietnam has been ter-
minated. One is compelled to ask, there-
fore, just what the Conaress and the
American people hee to do to stop the
incessant funding of the South Viet-
namese police forcel;. What does it take
to tell AID, OPS and others in the ad-
ministration. no We have passed a law
specifically prohib: ting UB, police as-
sistance or trainir g to South Vietnam
and yet, the programs continue to go
on, apparently alrpest unabated.
In 1971, Michael Flare wrote an excel-
lent report on the public safety program
in South Vietnam. While the report may
not be a descrintion of the public safety
program as it exists today in South Viet-
nam, it does renresent the most accu-
rate history and description of t:ae pro-
gram as it existed until recently. It in-
dicates, I believe, the real focus and in-
tent of the Public safety program even
as it exists today.
Mr. President, I ask unanimous con-
sent that the repc rt be printed at this
point in the RECORE
There being no objection, the report
was ordered to be ininted in the RECORD,
as follows:
EXPORT
The Public Safety program in South Viet-
nam is the largest ard one of the oldest U.S.
police assistance prsgrams?half of AID's
Public Safety Advisee-, and more than half
of OPS's annual bulget are committed to
Vietnam operations. 'Me Vietnam program
began in 1985, when Michigan State Uni-
versity received a cop tract from the Interna-
tional Cooperation Administration (AID's
predecessor agency) to assemble a team of
police experts to advise the government of
Ngo Dinh Diem. Ultimately 33 advisors
served in the Police Division of the now
famous Michigan State University Group
(MSUG); of this group, at least a few are
known to have been CIA agents. The police
division supervised the reorganization of
Vietnam's decrenit police system, provided
training in a variety of police skills, provided
small arms and ammunition, and helped
establish a modern records system for filing
data on political suspects.
The MSUG effort was superseded in 1959
by a Public Safety Division (PSD) under
direct U.S. management. In keeping with
President Kennedy's call for increased
counterinsurgency initiatives, the program
was vastly expanded in 1962. Beginning with
a staff of six in 1959, the PSD mission in Viet-
nam increaed to 47 in 1963, and to 204 by
mid-1968. Total support of the PSD program
had reached $95,417,000 by the end of fiscal
year 1968, and has continued at the rate of
about $20 million a year; (some of these
funds are supplied by the Department of
Defense rather than by AID).
From the very start of the Vietnam con-
flict, the National Police (NP) of South
Vietnam has been regarded by our govern-
ment as a Paramilitary force with certain
responsibilities related to the overall counter-
insurgency effort. In the Poreward to a man-
ual on The Police and Resources Control in
Counter-Insurgency (Saigon, 1964), Chief
Frank E. Walton wrote that "the methods
included in this text are emergency proce-
dures not utilized in a normal peace-time
situation. They are stringent, war-time
measures designed to assist in defeating the
enemy . . ." In order to upgrade Vietnamese
police capabilities to carry out its wartime
responsibilities, PSD supervised the con-
solidation of all regional, provincial and
specialized police agencies under the direc-
torate of National Police in 1962, and sub-
seouently prepared a "National Police Plan"
for Vietnam in 1964. Under the plan, the
NP's personnel strength grew from 19,000
men in 1983 to 52,000 by the end of 1965,
70,000 in 1967, and 85,000 by the end of
1969. To keep pace with this rapid growth,
the plan provided for a vast increase in U.S.
technical assistance, training and commod-
ity support. Public Safety Division aid and
management have become so extensive, that
the National Police might more properly be
considered a U.S. mercenary force than an
indigenous institution.
SPECIFIC FUNCTIONS
The specific counterinsurgency functions
performed by the police?resources control,
identification, surveillance and pacification?
are spelled out in an OPS brochure on The
Role of the Public Safety In Support of the
National Police of Vietnam (Washington,
D.C., 1969), and in AID's Program and Proj-
ect Data Presentations to the Congress for
Fiscal Year 1971.
Resources Control is defined by Public
Safety Advisor E. H. Adkins Jr. as "an effort
to regulate the movement of selected re-
sources, both human and material, in order
to restrict the enemy's support or deprive
him of it altogether .. ." In order to prevent
the flow of supplies and people to and from
villages loyal to the National Liberation
Front (NFL), 7,700 members of the National
Police currently man some 650 checkpoints
at key locations on roadways and waterways,
and operate mobile checkpoints on remote
roads and trails. By 1968, more than 468,456
persons had been arrested in this program,
of whom 28,000 were reported as "VC sus-
pects." AID reported that "Resources control
efforts in 1969 resulted in nearly 100,000 ar-
rests including more than 10,000 known or
suspected Vietcong. Confiscations included
50,000 units of medicine/drugs and 6,000 tons
of contraband foodstuffs.
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June 21,- 197.4:-
The National Identity Registration Pro-
gram is descrfeed by OPS as "an integral part
of the population and resources control pro-
gram." Under a 1957 law, amended in 1967,
every Vietnamese 15 years and older is re-
quired to register with the Saigon govern-
ment and carry identification cards; anyone
caught without the proper ID cards is con-
side red a "VC suspect" and subject to itn-
prisenment or worse. At the time of relflist111-
Mt, a full set of fingerprints Is obtained
from each seplicarit and information on hie
or her political beliefs is recorded. By 1971.
12.000,000 persons are to have been reached
by this identificattooiregistration prognon
"Once completed," AID explains. "the ideate
ncation system will provide for a nations!
repository of fingerprints and photograph
and biological data. It will be one of the mos"
complete national identification systems in
the world, and one of the most badly
needed."
Surveillance of persons and organizations
suspected of harboring anti-government sen-
timents is the responsibility of the NP's
&rectal Police Branch (SP). The Special
Branch is nothing more or less than Viet-
nanes secret police; originally the Indo-
Chinese branch of the French Surete, the
SP was known as the Vietnamese Bureau of
Investigation during the Diem regime. Ac-
cording to the 1962 decree establishing the
National Police, the SP was given the re-
sponsibilities of: "Gathering information on
political activities," arid "carrying out un-
dercover operations throughout the COlIntry
searching for, investigating, keeping trteck of
and prosecuting elements indulged In sub-
versive activities." OPS documents state that
"SP agents penetrate subversive organiza-
tions." and "use intelligence collection, po-
litical data land] dossiers compiled from
census data . . . to separate the bad guys
front the good." AID has nothing to say
about the criteria used to separate the "bad
guys" from the "good guys"; anyone familiar
with the Vietnamese scene knowa, however,
that the SP's maior responsibility is Inman-
lance of non-Communist nouns that could
pose a political challenge to the regime In
power. Persons who advocate negotiations
with the NLF are routinely picked up by the
Special Police and sentenced to stiff prison
terms.
Pacification usually brings to mind "good
will' protects like school construction and
free medical care in Vietnam, however, the
paramount task of the U.S. pacification
effort is the identification and neutralhation
of the local NLF administrative anearatuse
in Pentagon nomenclature. the "Viet Cong
Infrastructure" (VCI). The counter-Infra-
structure campaign was Initiated by the CIA
in July 1988 as the "Pbung Roane" pro-
gram?better known in English as Operation
Phoenix. This program. incorporated into
the Civil Operations and Revolutionary De-
velopment Support (CORDS) effort, is de-
scribed by American officials as "a systematic
effort at intelligence coordination and ex-
ploitation." In the intelligence ohase. all
allied intelligence services--Including South
Viet:metes Special Police Branch and Amer-
ica's CIA and military intelligence organiza-
tion- -are supposed to pool the data they
have collected (or forcibly extracted) from
Informers and prisoners on the identity of
NL? cadres. It ls for this ultimate purpose
that most of the other police functions de-
scribed above--interdiction, identincetion,
registration and surveillance- -are carrlod on.
In the exploitation phase of Phoenix, mem-
bers of the paramilitary National Police Field
Forces, sometimes mated by the Army,
make secret, small-epee raids into contested
areas. to seise or eliminate persons who have
been identified by the intelligence services
as "VCI agents." In testimony before the
Senate Foreign Relations Committee, the
head of CORDS, ex-CIA agent William E.
Colby stated that in 1969 a total of 19,534
suspected VCI agents had been "neutral-
ized"- oi this amount 13.187 had been killed,
8.515 arrested, and 4e432 persuaded to join
the Saigon side. Colby inalsted that Phoenix
i.tet not constitute an "assassination" or
counter -terror- opera ;ion.
Each of the counterinsurgency programs
deecribeel t,aa been accompanied by an ex-
pauelon ,3i the prison population of South
'.letnain Since prison management is con-
fettered it major task of the overall police
responsibility, the U.S. Public Safety pro-
gram includes subsist tial assistance to the
15iree orate of Corrections?the Saigon
a4ency uiternately responsible for the opera-
tion of South Vietnam e 41 civil prisons. U.S.
aid has enabled the Directorate to enlarge
tee prison system from its 1967 capacity of
21.000 prisoners to the present capacity of
33.436 inmates.
Prom 1967-1969, Ofl- expenditures in sup-
port cif prison maintenance have totaled 61.6
milLon Specific project targets ha 1969, Re-
cording to ATVs Program and Project Data
Preseniat ions to the Congress, include: "The
renovation and expansion of selected correc-
tion centers, the addition of up to 1.000
traitied pereonnel to administer correction
centers . and the .mplementation of a
teen for relocating preveters in order to re-
dace overcrowding and provide greater
security from VC attacks." To achieve these
ti4rgets. "AID will provide technical advisors
to help supervise relocations and to been
11,5W recruits . . land i will provide sup-
piles for prison /*curly . . ." One of the
facilities eelected for the relocation program
was the creed prison oi Coe Son Island with
its now-notorious "tiger GligGli."
TIGER CAGES GET HIGH RATINGS
Americana who were in Saigon In the late
Penes under the Michigan State-CIA police
advisory mission noted at the time that op-
position politicians were frequently carted
oil to Con Son. The U H. government's own
ngures state that at least 70 percent of the
pawner population throughout Vietnam is
p4.11tICIII, and another nine percent is "mill-
tary"--that is, POW's. It has been said for
yearn that to know the status of the non-
communist political opporetton, Con Son
was the piece to go.
LIB, Public Safety Advisor Prank Walton,
former Los Angeles Deputy Chief of Police,
with a reputation for being hard on minor-
ities, is one of 225 Public Safety Advisors
with the Agency for International Develop-
ment in Vietnam. Walton declared Con Son
to be 'a correctional Institution worthy of
higher ratings than some prisons in the U.S."
with "enlightened and modern administra-
tion,"
In order to upgrade the administrative
capabilities of the Corrections Directorate,
AID regularly provides training to Vietnam-
ese prison ?Metals "outilde of Vietnam." Al-
though AID does nut divulge any details, the
ten ?Meals receiving loch training In fiscal
year 1969 are probably among the 60 Viet-
namese ponce officers brought to the U.S.
to attend special courses. According to the
AID manual on Public Seeety Trainfne, for-
eign police personnel can attend an I8-week
course in "Penology and Corrections at
Southern Illinois University in Carbondale.
The Southern Illinois program includes In-
etruction in such topics as: "dispoedtion of
convicted offenders and juveniles: philosophy
ard practice Of correctional institutional
in tna,gemPnt: methods of correctional staff
training and development." The program also
include:: a cAmrse on "Correctional Institute
Design and Constructime"
One begins to appreeiste the breadth of
he. Vietnam program by reading MD's 1971
budget request---$13 million is being sought
to achieve the following -Project Targets-:
, provision of oornrhodity and advisory
etipport fer a police force of 108,000 men by
the end of FT 1971 .assisting the National
Ide ntity Registration Program (NIB?) to reg-
tst tr more than 12,000.000 persona 15 years
of age and over by the end of 1971: continu-
im to provide basic and specialized training
for approximately 40,000 police annually;
pr. viding technical assistance to the police
de"ention system including planning and
supervision of the construction of facilities
for an additional 2,000 Inmates during 1970;
awl helping to achieve a major increase in
the number of police presently working
(8.)00) at the village level.
This presentation, it must be remembered,
oniyzepresents programs under AID author-
ity missing from this prospectus are NP ac-
ne ties financed by the CIA and the Defense
De iartment. Military Assistance funds are
uw U to finance the activities of the parlia-
me itary National Police Field Forces (NPFF),
wbich, by January 1989, constituted a small
army of 12,000 men organized into 75 com-
p/isles (our expansion plans call for a total
cos nelement of 22.500 men and 108 compan-
ies by the end of 1970). Because of the "mill-
tart commonality" of their equipment, all
commodities support to the NPFF is provided
by the Pentagon. The extent of CIA contri-
bulons to the National Police is of course
Imnossible to determine; It is known, how-
ever, that the C/A has been involved in
mo tethering Vietnam's secret police files
ainre 1955. One does not have to invoke the
sin titer Image of the CIA, however, to estab-
list beyond a doubt that the United States
Is I itimatelv involved in every barbarous act
committed by the South Vietnamese police
on behalf of the Saigon government.
/!r. ABOUREZIC. Mr. President. there
are other programs in the Office of Pub-
lic 3afety which concern me a great deal.
Aer ording to reports which I received
las ? year. the U.S. Government has been
tra ning foreign policemen in bomb-mak-
ing at a remote desert camp in Texas. At
the U.S. Border Patrol Academy in Los
Fresno.% Tex., foreign policemen are
taught the design, manufacture and po-
tential uses of homemade bombs and in-
cendiary devices by IPA instructors. At
lea ;t 165 policemen have taken this
"Tr chnical Investigations Course" since
It was first offered in 1949.
Mile I was assured at the time that
the course had been terminated, I have
rec mtly learned that it has resurfaced?
tlil in Edgewood. Md. According to
E. II. Adkins, Deputy Director of the IPA.
In in interview with Carol Clifford of
the Los Angeles Times, the course has
bee a "revamped" and renamed preven-
tion and investigation of contemporary
violence.
It addition to the bomb school, I have
learned that International Police Acad-
env graduates also attend a school for
Psychological Operations at Fort Bragg,
N.C.
The school, which is held at the U.S.
Amy Institute for Military Assistance at
Fort Bragg, N.C., includes courses with
suci titles as subversive insurgent meth-
odology, psychological operations in sup-
port of internal defense and develop-
mei it, the role of intelligence and inter-
nal defense. According to Adkins, the
Pur pose of the school is to "teach police
how the military handles psychological
war fare problems."
Vre have also learned that the IPA
cou 'its among its graduates security
guards employed by Aramco, the Arabian
Am !dean Oil Co.
I could go on, with other reports of
OPtl activity which I have found in the
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last year including letters from foreign-
ers indicating U.S. complicity in the use
of torture in countries abroad, but I think
that the point is clear:
* This country is involved in an activity
which is totally divorced from the scope
and intention of U.S. foreign aid. The
Office of Public Safety and the Interna-
tional Police Academy mocks the purpose
of other AID programs and has inflicted
an indelible blemish on the past record
and accomplishments of USAID pro-
grams.
For this reason, I am introducing an
amendment to the Foreign Assistance Act
of 1975 which would prohibit this in-
sensible activity from continuing.
Last year we were only partially suc-
cessful in curtailing the activities of the
OPS. Presently, only 'U.S. funds for police
training in foreign countries is pro-
hibited. Obviously, a great deal of activity
has continued to persist. The Interna-
tional Police Academy has now graduated
4,000 students and they continue to come.
Supporting assistance to many of the
most repressive governments in the world
today continue to go on unabated. And
new programs such as the "contemporary
violence" course in Maryland continue to
spring up.
It is time, I believe that the Congress
terminates this program and all related
activities in regard to police and prison
support. I am hopeful that my colleagues
will agree with me, and support this
amendment when it comes up for con-
sideration later this summer.
Mr. President, I ask unanimous con-
sent that the text of the amendment be
printed in the RECORD.
There being no objection, the amend-
ment was ordered to be printed in the
RECORD, RS follows:
iwwww.? AMENDMENT No. 1511
On page 7, between lines 13 and 14, insert
the following new section:
PROHIBIT/NG POLICE TRAINING
SEC. 10. (a) Chapter 3 of part /I/ of the
Foreign Assistance Act of 1961 is amended
by adding at the end thereof the following
new section:
"SEC. 659. (a) Prohibiting Police Train-
ing.?None of the funds made available to
carry out this or any other law, and none
of the local currencies accruing under this
or any other law, shall be Psed to provide
training or advice, or provide any financial
support, for police, prisons, or other internal
security forces of any foreign government or
any program of internal intelligence of sur-
veillance on behalf of any foreign govern-
ment within the United States or abroad.
"(b) Subsection (a) of this section shall
not apply?
"(1) with respect to assistance rendered
!under section 515(c) of the Omnibus Crime
Control and Safe Streets Act of 1968, or with
respect to any authority of the Drug Enforce-
ment Administration or the Federal Bureau
of Investigation which relates to crimes of
the nature which are unlawful under the
laws of the United States; or
"(2) to any contract entered into prior
to the date of enactment of this section with
any person, organization, or agency of the
United States Government to provide per-
sonnel to conduct, or assist in conducting,
any such program.
Notwithstanding clause (2) , ilubsection (a)
shall apply to any renewal or extension of any
contract referred to in such paragraph en-
tered into on or after such date of enact-
ment."
(b) Section 112 )r such Act is repealed.
On page 7, line 16, strike out "Sec:. 10" and
insert in lieu thereof "Sec. 11".
AMENDMENT NO. 1512
(Ordered to be (minted and referred
to the Committee on Foreign Relations.)
Mr. ABOUREZFL Mr. President, today
I am introducing ,imendment to S. 3394,
the foreign aid bill which provides
that no military assistance shall be
made available to any foreign govern-
ment during any period in which that
government does not allow such inter-
national organizaions as the Interna-
tional Committee of the Red Cross, the
International Commission of Jurists,
Amnesty Internal onal, and the Inter-
American Commis.;lon on Human Rights
free access into th2ir prisons for the sole
purpose of conduc.;ing inspections with
respect to allegee violations of human
rights.'
I join a growing number of Americans
who are deeply concerned over the ram-
pant violations of human rights and the
need for a more effective response from
the U.S. Governinant. Despite national
differences, ideological variances, and
numerous reasons, %, large and ever-grow-
ing number of American citizens find a
common cause in coming to the aid of the
oppressed in com:.'ziet throughout the
world.
The sad but unfortunate fete': is that
gross and maliciouo; violations of human
rights continue to persist in almost every
part of the world. Torture, mass impris-
onment, summary executions, and dis-
crimination, and other abhorent viola-
tions continue to be used?sometimes
quite overtly?in countries whose gov-
ernments the UnLed States consider to
be among its closet friends.
While no one disputes the role of any
government in guaranteeing to its citi-
zens the most basic freedoms and rights
accorded to every human being, i t has be-
come apparent in r 3ent years that many
governments not only neglect to guaran-
tee these rights 131,1, actually deny them.
Contrary to what many now believe,
government repre.::::ion is not limited to
one particular iti,!ology. Governments
from every part of the political E pectrum
have at one time in recent years been ad-
cused of Violating I, e fundament al rights
of its citizens.
While the proteAion of human rights
remains essentially the responsibility of
each government, A becomes the respon-
sibility of the international conununity
when violations occur at the hands of
the government. it must be the respon-
sibility of concernocl governments and in-
ternational organi 2,..ations to help defend
the human rights of all people through-
out the world.
For this rea-son the United Nations
and its specialized agencies have de-
veloped an extenove body of interna-
tional law pertaining to human rights.
In the latest U.N. compilation of specific
human rights instruments of the U.N. 13
declarations and 23 conventions are
listed.
Unfortunately, the US. record on
ratification of human rights treaties has
been a dismal failure. According to the
report on Human Rights in the World
Community submitAded to Congress by the
House Subcommittee on International
Organizations and Movements earlier
this year, the United States, through this
failure to become a party to all but a
few of the human rights treaties, has
become increasingly isolated from the
development of human rights law. There
can be little question that this embar-
rassing failure has impaired both our
participation in international coopera-
tion in human rights as well as any bi-
lateral efforts which this Government
may have considered to persuade govern-
ments to respect international human
rights standards.
One major cause for the embarrassing
failure on the part of the United States
in this regard is that the people in this
country have not been made aware of
the inhuman atrocities and the repres-
sive and barbaric tactics which some gov-
ernments in the world insist on using as
their only means of staying in power.
They have not been told that people
are thrown in prison in many countries
simply because of their beliefs or their
disagreement with their own govern-
ment. They are not told that the most
unbelievable forms of torture known to
man are used daily by some government
officials on their own citizens. Ameri-
cans are unaware that thousands of in-
nocent people are shot each year with-
out so much as a hearing on the crimes
which they are accused of committing.
Most important of all, few U.S. taxpayers
know that part of their hard earned
wages are going, in taxes, to support
these repressive measures?sometimes
directly through the export of police 'and
prison equipment and many times indi-
rectly. through direct payments to many
of the most repressives regimes in the
world today.
A large part of the problem lies di-
rectly within our own State Department.
The Department as well as the entire
Nixon administration chooses to pretend
that that repression, torture, and the
abridgement of human rights simply does
not exist. A recent example of this is the
response received by Senator KENNEDY
from the State Department in reply to
the recommendations contained in a
study mission report submitted by his
Senate Subcommittee on Refugees. In
regard to political, prisoners in South
Vietnam, the Department stated:
The Department of State cannot agree with
the Study Mission's assertion that "the rec-
ord is clear that political prisoners exist in
South Vietnam."
We would add that the extentive evidence
available to us simply does not sustain the
highly publicized charges that civilian pris-
oners are subjected to widespread, systematic
mistreatment in the jails of the Republic of
Vietnam.
Time and again, the administration
continues to attempt to solve the prob-
lems of blatant and gross violations of
human rights simply by denying that
they exist. The State Department asser-
tion that there are no political prisoners
in South Vietnam defies not only the
findings of the Refugee Subcommittee,
but also the scores of reports by respon-
sible humanitarian organizations whose
documented evidence leaves absolutely
no question that these violations exist.
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In Chile, while people are arrested. tor-
tured, and summarily killed for any rea-
son or even no reason, our Government
is asking ;85 million in bilateral aid for
the next fiscal year. Unlike other West-
ern countries, we have offered no asylum
to Chilean refugees. And we have said
nothing, officially, about the murder and
savagery.
If the United States only spoke out
against the torture, if our Embassy in
Santiago was active in watching the
trials and other visible manifestations of
oppression, U Congress could, just once,
attach conditions to aid, those who rule
Chile. South Vietnam, and other repres-
sive countries would listen.
But we in the Government of the
United States show no official concern
for human rights. We have nothing to
say about the repression and slavery of
the Ache Indians in Paraguay or about
the documented brutalities which have
occurred in some of Paraguay's neigh-
boring countries. In Korea, in Indonesia,
in the Philippines, in Uruguay, in Brazil,
and in scores of other countries whose
governments are our "friends," the Gov-
ernment of the United States sits idly
by as while grave acts of torture and
murder continue to be committed.
In a recent article in the New York
Times, Anthony Lewis summed up
American indifference best:
Some of the nastiest governments In the
world today were born or grew with Amer-
inn aid. That being the case, the most mod-
est view of our responsibility would require
us to say a restraining word to them oc-
casionally. But we say nothing, we hear
nothing, we see nothing.
Citing the State Department response
regarding the nonexistence of South
Vietnamese political prisoners which I
mentioned earlier, Lewis writes:
Thus thousands of non-communists in
South Vietnamese Jails were made to vanish,
the twisted creatures in tiger cages waved
away. Thus the idealism that once marked
America's place in the world has become In-
difference in the face of inhumanity.
Mr. President, it is appalling that the
concern for human rights is not even
considered In our country's foreign pol-
icy. It has been pushed from a low prior-
ity to total invisibility behind the "more
Important considerations" of political,
economic, and military decisionmaking.
It has been totally neglected and all but
dismissed as a factor in United States
foreign policy.
While one would be foolish to suggest
that the human rghts factor should be
the only consideration, or even the single,
major factor in determining our foreign
policy, there is little doubt that it ought
to be accorded far greater import than
what now exists. If the United States
cannot play a role in setting some kind
of example for other countries to follow,
then surely we cannot expect some other
country or international organization to
do so either.
In this country, respect for htunan
rights is a fundamental tradition set
down in the Constitution. The citizens in
this country have long cherished this
tradition as one of the most fundamental
of all and one which is worth fighting for.
We have encouraged other countries and
their governments to accept the princi-
ples of our Bill of Rights to the point
where we have even helped write their
existing constitutions_ The U.S. Govern-
tne.nt has had ample opportunity to im-
press upon these governments of the im-
portance of guaranteeing human rights
to all of their people--regardless of be-
lief. race, or ideology.
Yet, the State Deportment has taken
the position that questions involving hu-
man rights are domestic in nature and
not relevant in determining bilateral
relations. With almost weekly charges
of serious violations of human rights
somewhere in the world, the most the
Department has done is to make private
Inquiries and low-keyed appeals to the
government concerned.
While the State Department continues
to rely on the "nonintervention" ration-
ale in cases involving human rights, it is
all but forgotten at other times. In the
last 15 years alone, we have seen overt
examples of U.S. intervention in the
Dominican Republic. in Cuba, and in
Southeast Asia, merely to name three.
God only knows how many covert opera-
tions the United State; has been involved
in during this same time period.
:Oa addition, the United States has not
hestitated to criticize violetions of hu-
twin rights in the Soviet Union?espe-
cially in regard to the Solzhenitsyn af-
fair. Even a vast number of Members in
the Senate have attempted to threaten
to curtail trade with the Soviet Union if
Its emigration policy for Jews is not
modified. Current U.S. policy, however,
hes made it clear that Soviet violations
of human rights will not deter efforts to
promote detente with the Soviet Union.
T concur with those who argue that as
the importance of ideologY in interna-
tional relations continues 1;0 lessen, the
t'nited States must begin to consider a
certain government's Adherence to ob-
tective humen rights; standards as one
important criterion in determining our
foreign policy. Certainly, protection of
human rights is often a better measure
of the performance of a government than
is Ideology.
In the last year, the Senate has had
the opportunity on several occasions to
emphasize the importance of human
riehte in the implementation of foreign
policy. We have attempted to establish
eirne criteria which could be considered
in determining who should receive U.S.
forelan alci and just what that aid should
consist of
On each occasion, however, the sup-
porters of this effort have been accused
of Intervening in the domestic affairs of
another country, of using faulty cri-
teria in eqablichinit foreign policy, and
teopardizine U.S. international po-
Alegi and military positions by offering
Or supporting such legislation.
Mr. President, I Join those who be-
lieve that arguments such as these are
completely wrong and totally without
merit_ I 'oelleve that the only way in
which basic houman rights can be con-
sidered in the overall determination of
foreign policy is for the Congress to dem-
onstrate its concern Members of Con-
-eess should not hesiihte to speak out
forthrightly in calling for action by the
executive branch in defense of interna-
tional standards of human rights when
thee are violated. It simply has got to
star there.
It is for this reason that I am now
Introducing this amendment to the fiscal
197 1 foreign aid bill.
The sole purpose of this amendment
is ti insure that those people who are
Imprisoned in countries whose govern-
mer ts are receiving U.S. military aid
are being accorded the most basic of
human rights. If, in the opinion of any
one of the four organizations the Gov-
ernment is insuring these rights to its
eith ens. then there would be no ques-
tion as to their eligibility for receiving
U.S foreign aid. However. If on the other
buil, the organization determines that
the rights of its citizens are being vio-
late I. the country would not be eligible
for U.S. military assistance until those
riet Ls are restored.
Tie international organizations are a
vita contributor to the international
protection of human rights. Their value
ails-is from their independence from
govt runients which enables them to view
objectively human rights situations in
yeti xis countries without regard to Po-
litest considerations. These traits of ob-
ject vity and political independence make
It eossible for nongovernmental orga-
nize tions to speak out against human
rights violations when governments are
silent I am therefore convinced that
witt the assistance of such international
?rise nizations. the United States can go
a long way in insuring that at least in
thee e countries who receive U.S. military
aid, the basic human rights of their citi-
zens are allowed.
Ir recent years, the world has wit-
nested an alarming increase in the viola-
tion; of human rights including the
prat tine of torture. Amnesty Interne-
tion el estimates that torture exists in
at It sat 64 countries at last count?many
of 'those governments are considered
friends of ours. Until this country sneaks
out in defense of these rights, until we
use 3ur massive influence with many of
thea r countries to terminate their in-
hurrane treatment of their own citizens.
the dolations will continue to occur and
most likely increase.
This amendment is an attempt to use
that influence. Members of the Senate
will aave the opportunity to put the Con-
greet on record as opposing the rePlige
nate treatment of millions of people by
their own government. It is an oppor-
tun! ;v to begin to put an end to the tor-
ture the unjust imprisonment, and the
mass murders of thousands of innocent
peoe ie. I believe that it is not only an
oPix rtunity, but a responsibility.
IA% President, I ask unanimous con-
sent that the text of the amendment be
inserted into the RECORD.
There being no objection, the amend-
men; was ordered to be printed in the
RECORD, as follows:
AMENDMENT No. 1812
Ott page 7, between lines 13 144:1 14, insert
the f >Bowing:
ACCEI IS 07 INTERNATIONAL ORGANIZATIONS TO
PRISON
Sat. 10. Chapter 3 of part III of the Foreign
Ayala auce Act of 1861 is amended by adding
at th ) and thereof the following new section:
"St c. 659. Access of International Organiza-
tions to Prisons.?No funds made available to
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S 11205:
carry out this or any other law shall be used
to provide military assistance or security sup-
porting assistance or to make military sales.
credit sales, or gnaranties, to or for any for-
eign government during any period in which
that government does not allow the Inter-
national Committee of the Red Cross, the
International Commission of Jurists, Am-
nesty International, or the Inter-American
Commission on Human Rights, free access
into the prisons of that country for the sole
purpose of conducting inspections with re-
spect to alleged violations of human rights."
On page 7, line 16, strike out "Sec. 10" and
insert in lieu thereof "Sec. 11".
TEMPORARY INCREASE IN THE
PUBLIC DEBT LIMIT?AMEND-
MEN
NIMIENT NO. 1513
(Ordered to e printed and to lie on
the table.)
Mr. MAGNTJSO (for himself and Mr.
MANSFIELD) submitt an amendment in-
tended to be propose y them jointly
to the bill (H.R. 14B3 2'o provide for
a? temporary increase in t1 public debt
limit.
Mr. MAGNUSON. Mr. Presld I sub-
mit an amendment authored by dis-
tinguished majority leader (Mr.
FIELD) and and myself to set a certain da
December 31, 1974, by which time pri-
vate citizens shall be permitted to own
gold for investment purposes. Under Our
amendment, the President would have
discretionary authority to remove the
present restrictions on private ownership
before December 31. However, and I want
to emphasize this point, the amendment
would permit private ownership as of
December 31 even if the President did
not act. It should be noted that our
amendment is essentially the same as the
gold ownership provision contained in
H.R. 15645 which has just recently been
reported by the House Banking Commit-
tee. Consequently, we ? are confident our
amendment would be acceptable to the
House.
Mr. President, this is a matter in which
Senator MANspinn and I both have long
been interested, and we feel strongly that
the time has arrived for resolving this is-
sue, once and for all. Last year, of course,
the Senate passed legislation (S. 929
that would have permitted private own
ship of gold beginning on December
1973. The House bill, however, dlt ot
permit private ownership until suc ime
as "the President finds and repor o the
Congress that international mo ary re-
form shall have proceeded to e point
where elimination of regulati s on pri-
vate ownership of gold will adversely
affect the United States ternational
monetary position." As S ators know,
the House provision pr ,iled in con-
ference.
Mr. President, we ca ee how it might
be beneficial to allow e administration
;ome flexibility in b ging the present
'estrictions on priv e ownership to an
nd. However, all o s in this body know
rOM hard experi ce how matters of
dis sort have a it of just dragging on
id on without i al resolution.
The amend nt we are offering today
dresses bot Of those concerns?the
ed on one nd to give the administra-
n some exibility and the necessity
on the other hand of assuring that this
matter will be brought to a final conclu-
sion within a rear cnably short period of
time.
Mr. President, E urge adoption of the
amendment.
AlVIENOM T NO. 1514
(Ordered to be orinted and to lie on
the table.)
Mr. CHILES President, I submit
an amendment Lis H.R. 14832, which
would prohibit tip- reduction of certain
veterans' benefits ;is a result of increase
in social security ir railroad retirement
benefits or certaii other annuittes.
I ask unanimot s consent that the text
of the amendmen t be printed in the
RECORD.
There being no objection, the amend-
ment was ordered to be printed in the
RECORD, as :
AMENDM INT No. 1514
At the end of the bill add a new sects)
as follows:
SEC. . (a) Section 415(g) oi' titl ,
United States Coil', is amended by ng
at the end thereof a new paragraph;.'fol-
lows:
"(4) Notwithstahding the pro ons of
paragraph (1) of ,his subsectio n deter-
mining the annual Income of a person for
any year there shall not be in rd in such
opcome
!' (A) the enrol, it of
461C ns
y iurance benefi
per ' during ? sue' t year
or 223 the Social 1ec
of any i.ease in the
annuity o enslor
during such r tr
ment Act of 1 .he Railroad Retirement
Act of 1937, or amount of any cost-of-
living adjustme# ffan annuity under sec-
tion 8340 of ti E. LVted States Code, if?
"(i) such i4trce ittkirlts from provision
of law enacted after Dedgpaber 30, 1973, pro-
viding inc ses tri the
payable
under s
Securit
vision '
vidi
fits
of-
increase in
ayable to such
nder section 202
y Act, the amount
onthly payment of
able to sv.ch person
r the Railroad Retire-
indtvitt. als enti
sectioe 202 or 22
ct, such irmrease resu
f law ena such"
?ted after..
t ncreases in railroad retirenn.
r such adjustment results fr Dm
ing adjustment in a civil irervic
ment annuity tfffective after Deeem
,1973; and
"(11) for the month (or any porlon there-
'7 of) in which the Act containing such pro-
visions of law was enacted or for which such
adjustment was effective, such person was
entitled to (I) a mpnthly insurance benefit
under section 202 or 223 of the Social Se-
curity Act, monthri payment of :annuity or
pension under the Railroad Retirement Act
of 1937 or the Rel.:road Retirement Act of
1935, or an annuity under subchapter III
of chapter 83 of ttte 5, United States Code,
(or other comparet ie provision of law), as
the case may be, and (II) dependency and
indemnity comper.tation under the provi-
sions of this chapter; and
"(B) the amour t of any lump-sum pay-
ment paid to such person during such year
if?
"(1) such pay/lie:it is attributable to an
increase in (I) the monthly insurance bene-
fits to which such person is entitled under
section 202 or 223 of the Social Security Act,
or (II) the anneun of the monthly payment
of annuity or pension payable to such per-
son under the 111-.1:road Retirement Act of
1935 or the Ramie, Retirement Act of 1937;
"(Si) such inereese results from the enact-
ment, after Decenncr 30, 1973, of any provi-
sion of law increat'org_ (I) the monthly ben-
efits payable to inlividuals entitled to ben-
efits under sectior 202 or 223 of the Social
nthly benefits
to benefits
the Social
EOM pro-
te pro-
ene-
st-
Security Act, or (II) the monthly paym
of annuity or pension payable to indi ale
under the Railroad Retirement Ac 1935
or the Railroad Retirement Act of 7; and
"(ill) such lump-sum paymen paid sep-
arately from the rest of any thly insur-
ance benefit of such person r section 202
or 223 of the Social Secur r Act or of any
monthly payment of ann or pension pay-
able to such person u the Railroad Re-
tirement Act of 1937."
(b) Section 503 o tie 38, United States
Code, is arnende y adding at the end
thereof a new s ction as follows:
"(d) Notwit ending the provisions of
subsection ( f this section, in determin-
ing the ann income of any person for any
year for p oses of this chapter or the first
sentence section 9(b) of the Veterans'
Pensio) ct of 1959 or any prior law, there
shall d be included in such income?
the amount of any increase in
m ly insurance benefits payable to such
on during such year under section 202
223 of the Social Security Act, the amount
f any increase in the monthly annuity or
pension payable to such person during such
year under the Railroad Retirement Act of
1935 or the Railroad Retirement Act of 1937,
or the amount of any cost-of-living adjust-
ment of annuity under section 8340 of title
5, United States Code, if?
"(A) such increase results from provisions
of law enacted after December 30, 1973, pro-
viding increases in the monthly benefits pay-
able to individuals entitled to benefits under
such section 202 or 223 of the Social Security
Act, such increase results from provisions
of law enacted after such date providing
increases in railroad retirement benefits, or
such adjustment results from a cost-of-living
adjustment in a civil service retirement
annuity effective after December 30, 1973,
and
" (8) for the month (or any portion there--
of) in which the Act containing such pro-
visions of law was enacted or for which such
adjustment was effective, such person was
entitled to (1) a monthly insurance benefit
under section 202 or 223 of the Social Secu-
rity Act, a monthly payment of annuity or
pension under the Railroad Retirement Act
of 1937 or the Railroad Retirement Act of
1935, or an annuity under subchapter III of
chapter 83 of title 6, United States Code
(or other comparable provision of law), as
the case may be, and (ii) pension under
the provisions Of this chapter or the first
sentence of section 9(b) of the Veterans'
Pension Act of 1959 or any prior law.
"(2) the amount of any lump-sum pay-
t paid to such person during such year
if
such payment is attributable to an
increa n (1) the monthly insurance bene-
fits to o h such person is entitled under
section 2 or 223 of the Social Security
Act, or (ii) amount of the monthly pay-
ment of annu or pension payable to such
person under ailroad Retirement Act of
1935 or the Railr Retirement Act of 1937;
"(B) such incr results from the en-
actment, after Dec r 30, 1973, of any
provision of law incre g (i) the monthly
benefits payable to in uals entitled to
benefits under section 202 3 of the Social
Security Act, or (11) the m ly payments
of annuity or pension payable individuals
under'the Railroad Retirement t of 1935
or the Railroad Retirement Act o 37; and
"(C) such lump-sum payments paid
separately from the rest of any mont in-
surance benefit of such person under se on
202 or 223 of the Social Security 'Act off
any monthly payment of annuity or pension
payable to such person under the Railroad
Retirement Act of 1935 or the Railroad Re-
tirement Act of 1937.".
Amend the title so as to read: "An Act
to provide for a temporary increase in the
public debt limit, and for other purposes."
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S 11206
Approved For 413061:1530,7A10 RIEUGGIMP7-98VirS711000100040079-fiune
AMENDMENT NO. 1515
(Ordered to be printed and to he on
the table.)
NELSON. Mr. President, today I
am troducing an amendment to H.R.
14832, se Debt Ceiling Act, providing
for a $ tax credit in plate of the per-
sonal e ption in existing law. This
$205 t:ax c, .it, which would be used by
all taxpay , is a proposed substitute
to the ame ent offered by some of my
colleagues pro ing for a $190 tax credit
or a $825 pers al exemption at the
option of the t ayer. Their amend-
ment is tax redu n without tax re-
form.
A fundamental Ineq i.. of our present
tax law is that the v e of personal
exemptions depends on on tax bracket.
The personal exemption is deduction
from adjusted groes inco d Is of
substantially greater value ealthy
families.
For example, today's $750 exe tion
reduces the income tax of a pe in
the lowest income tax bracket by 0
14 percent of $750--but save; a hiq
income person as much as *525-70 per-
cent of $750. Let us consider a man with
half a million dollars of income who is
in tau 70-percent bracket and a man
era/ling $5,000. If each is married with
two children, the wealthy man will save
$2,100 because of the personal exemp-
tion and the man with $5,000 will save
about $470. For a man in the 14 percent
bracket, the birth of a child provides
him with tax relief of $105; for the man
in the 50-percent bracket whose income
may be over $50.000, the relief is $375,
tand for the wealthy men in the 70-per-
cent bracket, the relief is 3525.
Log1'. would suagest that tax relief
based on family size, should be greater
TABLE I.-FEDERAL INDIVIDUAL INCOME TAX IAA BILIT1 UN
rexereses OPTION (PROPOSAL NO. I), AND UNDER AS
2, AND 4 DEPENDENTS
or at least the same for low-income
families than for the high-income one.
The advantage of a tax credit over the
personal exemption has been recognized
by tax experts and public, leaders for
many years. For example. this April 11
Seaater KENNEDY. in a Senate speech
stated
tee 44-0 aeod to overhaul the relationship
?ween tax credits anti tax deductions in
',tie etettnel Revenue 0,3de, In the past, as
parr, o; overall tax reform.. I have urged Con-
;iters araw credits lOstead of deductions
In A liiiratnar of major :Jess, Including the
>i;rsonlat exemption,
It makes no sense to int thett, betesohe of
I rot,. ci:ructure of our revenue laws, a
"1115le a wealthy farelly is worth a
,,rivIng of SF.2b to his parents while a
1.11d is worth only $106 la tax relief.
Rather than ending this inequity
optional approach increases it. ? op-
tior.al approach of a tax credit o in-
ereesed tax exemption would f er re-
duce the progressMty of our system
above the cut-off point-' case,
around $20,000-since th -income
taxpayers would still be relatively
nore than the indivich o takes the
he across-the-bo $205 tax credit
hieve not ty tax relief but
uity in law. A $205 tax
credit a deduction from
the fina ould he of equal value
to all f ?Acne* for a credit in-
stead of an ption will make the in-
come tax s far more progressive,
and prov tantial new equity for
niillions Pa
Flirt ore, a credit concentrates
Lex re among low d middle-income
where it is t needed. For
ex , a study by *int Economic
Cojttee shows that w fly with a
Is
Sintle person
Under Under
present proposal
Adjusted iron income law No. I
RESENT LAW, UNDER A $199 NONRE
REFuNDANtE MANDATORY TAX C
1974,
bud let of $12,614 had ay an extra
$1,118 just to maintai eir 1972 living
star dards. Over the '. -kend, the Labor
Department publis a report demon-
strating the dev ng effect on middle
Amg ric,ans' d of living and pure
chef ifig power provided fresh evidence
that last y inflation squeezed lower
ince me an termediate families harder
that. ? "higher" levels. This is be-
cause f prices rose the most last year
and f. . , in percentage terms, is a bigger
buck item for the lees-well-off than
th ell-to-do.
r example, a typical lower income
ban family of four needed 10.8 percent
ore money to sustain itself at the same
start lard of living in 1973 as they had in
1972 A middle-income family needed 10.3
percent more money to Maintain the
sem* standard of income.
It is these very people that would be
helped the most by an across-the-board
$205 tax credit rather than an optional
credit. For example, a couple with one
depe ident whose adjusted gross income
is $12,500 would have a tax savings of
$75 from present law under the optional
credit, but $120 under the $205 tax credit.
If this couple had two dependents, the
tax savings would be $111, and $171 re-
spectively.
Mi. President, I ask unanimous con-
sent to insert into the CONGRIRSSIONAX.
Raco te at this time, two tables, one show-
ing the Federal individual income tax
liebil ty under present law and under the
optioaal tax credit and the $205 tax
credit, and the other showing the differ-
ent het savings for certain categories of
taxpe yers.
Thfre being no objection, the tables
were erderecl to be printed in the RECORD,
as follows:
ABLE TAX CREDIT OR AN $325 PERSONAL EXEMPTION DEDUCTION AT THE
(PROPOSAL NO. 2)-SIT GLE PERSON AND MARRIED COUPLE WITH NO, 1,
-nos deductible personal 'stmt.'s of 15 de ollflconrel
Tea liability
14 is, co,pie wit r Ma vied couple with 1
dependents dependent
sr Ur-der Umler 'Jrider Undo Usner Und
10051! prison I proposal proposal Drawl proposed proposli
No. 2 (a,. No. I No,? 1ew No. 1 No. 2
$3,000 '$133
$54 1128 .
'37? '$194
1 454 1773
1545 1753
1,140 1,110
1,625 1,578
2,345 2,062
7,6(4 2, S66
3, 135 3.098
1,310 4,268
15.000--- .......... .___ 1 491 147e
. 7 1 632
rb0,20-.. 1,530
1 1,100 084 '1,073, 512 1, SIC
111k05i0110-
$17,500
;20,000
i225,000.
2,059
2,630
3,
9
5,
2, 040
2,610
3.226
3.00
5, 392
2,054
2,643
3,276
3 965
5, 506
I Computed wIttout relerenc
;10,000.
? tel tables for returns with ed,O151 dross Inc)
TABLE II TAX SAVINGS
Adjusted gross
Married couple with 2
dependents
- -
Under
etternative Undo' $205
tax credit tis credit
$8,000...,.. .........
$196
$256
$10,000....-175
235
$12,500
111
171
$15,000
77
157
'ELSON. Mr. President, there are
tw other major reasons why the $205
$159 '$285
1 346 36? 183
723 '*1 '563
1,0110 1,048 020
1.548 1,483 1,381
2.038 1,983 1,828
2,546 7,416 2,160
3.130 2,948 2,191
a 370 4,100 4,037
Mauled maple %with 2 Married male with 4
desendents dependents
Under Under Under Under Under Under
eel I roposal proposal present proposal proposal
No. 1 No. 2 law No. 1 No. 2
- ? ..... ....
1 $135
1 511
575
1,343
1, re
2,364
2,923
4,165
1,309
1,765
2,213
2,760
3,830
$373 I $313
607
1,138
1,628
2, 159
2,720
3,960
620
1, 024
1,435
1,903
2,385
3,470
$350 $28
818 77
1.308
1,804
2,273
3,344
en Savo): Stan of the joint Committee on Inhaal R n, May 30,1974.
Lax credit is to be preferred over the oP-
ttor.al tax credit. First, it costs leas, sec-
ond, since it would take effect after De-
cember 31, 1974 it would not be financed
by retroactive repeals, as of January 1,
1974. of existing laws.
The $205 tax credit would provide
28,786 billion in tax relief to 58,603 mil-
lion American taxpayers It would eltrai-
nate entirely the tax burden for 7,857
American taxpayers-mostly working
families with moderate and low incomes.
The net cost to the Treasury, however,
would be $5,274
less ti an the op
cause tax relief b
would oe of equal v
Mr. President, / ask
on-about 1 bil
1 tax credit-
on family
to all taxpf
our
sent to insert into th ONGRZS
Raceme at this time, a t ehowf
aggregate decrease and inc
eral in itvidual income liab
from tie $205 tax credit.
Thee being no objection,
was ordered to be printed in th
as follows:
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