DEFENSE APPROPRIATION ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000100090001-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: June 17, 2002
• Sequence Number: 1
• Publication Date: December 31, 1970
• Content Type: MF

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MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Defense Appropriation Act
1. This memorandum supplements my memorandum
of 7 December 1970 on the same subject.
2. The House and the Senate have now approved the
second conference report on the Department of Defense
Appropriation Bill. The text of the free world forces authori-
zation, with the so-called Fulbright amendment, is attached.
3. The first conference report on the Appropriation
Bill came out with a proviso to the Fulbright amendment,
which Mr. Mahon and others felt was necessary because of
the restrictive effects of the Fulbright amendment. That
proviso is as follows:
Provided further, That nothing contained in this
section shall be construed to prohibit support of free
world or local forces in actions designed to promote
the safe and orderly withdrawal or disengagement of
U. S. Forces from Southeast Asia or to aid in the
release of Americans held as prisoners of war.
The House accepted the first conference report, but the full
Senate rejected it, partly because of the above proviso. The
bill then went back to a second conference and was taken up
on the floor of the House and Senate on 29 December. The
second conference report again added a proviso to the Fulbright
amendment in slightly different form as follows:
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Provided further, That nothing contained in this
section shall be construed to prohibit support of
actions required to insure the safe and orderly with-
drawal or disengagement of U. S. Forces from South-
east Asia, or to aid in the release of Americans held
as prisoners of war.
4. There was considerable floor debate, principally
fokcusing on this proviso and occupying almost thirty pages of
the Congressional Record. Senators Fulbright, Cooper and
Javits all maintain that this language could be interpreted to
completely nullify the restrictive effects of the Fulbright amend-
ment. Senators Ellender, Allott, and Young, as conferees on the
Appropriation Bill, maintained that the true meaning of this lan-
guage is completely consistent with the spirit and intent of the
Fulbright amendment. In pursuing this interpretation, Senator
Fulbright raised the question of whether this new proviso was
consistent with the spirit of the lengthy 20 August 1970 colloquy
among Fulbright, Stennis, and others on the language of the
Defense Authorization Bill. Fulbright inserted that entire colloquy
into the Record. Senators Stennis and Young assured Fulbright
that this new proviso was intended to be restrictive and to grant
no more authorization than contained in the Defense Authorization
Bill. They went on to state that in their view this new proviso
was consistent with the colloquy on the Defense Authorization
Bill. Senators Young and Allott stated they had heard nothing
during the conference which would indicate that the House con-
ferees would interpret the proviso differently from the interpreta-
tion the Senate conferees were placing on it during the floor
discussion.
5. Senators Fulbright, Cooper, and Church stated that,
on the basis of the assurances of the Senate conferees' interpreta-
tion of the proviso, they would then vote to accept the conference
report, although they continued to maintain that the language was
much too broad.
6. While it may be argued that in fact Mahon places a
different interpretation on the proviso, and while the legal
technicalities could long be debated, it is my view that the
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situation is little changed. At best, if we were faced with new
circumstances requiring new and different courses of action,
this language might provide some basis for agreement among
those concerned, including the Congressmen, that such actions
would not be barred as a matter of law.
25X1A
LAWRENCE R. HOUSTON
General Counsel
cc: DDCI
Executive Director-Comptroller
DDP
D/PPB
SAVA
C/FE
Legislative Counsel
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Nqm~
S 21380 December 29, 1970
SECTION 636(x)-Sul'ross ol?? lens WORLD
1''ORCas
Src. 636. (a) Not to exceed $2,500,000,000 of
the appropria?tlons available to the Depart-
ment of Defeuso (luring the current decal
year shall be available. for their .Gated pur-
poses to support: (1) VIetnalnese and other
free world forces In support of Vietnalncee
forcer; (2) local lore':; in Laos and'1htaliand;
and for related costs, on ':uch terms and
condition: es the `;ccretary of Dcfell:;c may
determine: Provided, That none of the funds
appropriated by this Act may be tlse(1 for the
purpn.,;e of paying any overseas allowance,
per alem allowance, or any other addition to
the regular bale pay of any person serving
with the free world forces In South Vietnam
if the alllollllt of such payment Would be
greater than the amount of special pay au-
thorlred to be paid, for an equivalent period
of service, to members of the Argued Forces
of the United States (under section 310 of
title 37, United States Code) serving in Viet-
nam or in any other hostile lire area, except
for continuation of payment, of such ad(li-
tions to regular base pay provided in agree-
ments executed prior to July 1, 1070: Pro-
vtderl fart)ber, That nothing in clause (1) of
tiro first sentence of this subrectlon shall bo
construed as authorizing the use of any such
fund:; to support Vict?namcso or other free
world fore': In acl.lnns dea;lgned to provide
Inilliary support and n,slstwuec to the Gov-
?rn(ncnt of C:unbooia or Lao:;: Provided frt.r-
'.
thor, 'i'hat nothing; contained in tilis ;;cctlort
::hall be construed to prohibit rmpport of ac-
tlcnis requlred to insure the safe and orderly
withdrawal Or disengagement of U.S. 1"orcca
from Southeast Asia or to aid in the releaso
of Americana held as prlsuucr:; of war. ?
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SENDER WILL CHECK CLASSIFI ON +tP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO NAME AND ADDRESS
Executive Director-Com trc
Director of Central
intelligence
(s c 'r_t r cX J rr- s~A
COMMENT
Remarks: -
Dick: With the legislative process now
complete, we plan to examine with PPB each
proposed transfer of DOD funds to the Agency
in light of the law and extensive legislative history
against the actual fact situation of the proposed
STATINTL
expenditures. -
4 ag: ~~~
Lawrenc R. Houston
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
General Counsel UNCLASSIFIED CONFIDENTIAL
FORM NO. 237 Use previous editions
1-67
DATE
1/4/71
SECRET
(40)
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