ACDA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000100090013-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 20, 2016
• Document Release Date: October 23, 2006
• Sequence Number: 13
• Publication Date: October 12, 1970
• Content Type: MF

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LRH / s /
12 October 1970
MEMORANDUM FOR: Executive Director -Comptroller
SUBJECT: ACDA
1. On Friday, 9 October 1970, you requested any thoughts
we might have regarding ACDA's request for funds from the Agency
to support the SALT talks. I think we can be somewhat firmer from
a legal standpoint than I indicated to you on Friday.
2. It appears the request directly relates to the SALT talks.
Our only responsibility in this policy activity is intelligence support.
Consequently, a contribution of funds could be construed as an
improper supplementation of their appropriation. I am sure that
our Subcommittee Chairman would not be happy with such a transfer.
/s/
JOHN S. WARNER
Deputy General Counsel
Orig - Hand carried to Ex Dir /~
1 - OGC Subject - APPROPRIATIONS//
1 - OGC Chrono
STATINTL OGCIImks
OSD has no objection to declassification and release.
OSD review(s) completed.
OGC Has Reviewed
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Attached prepared for L,--,CI for PFIAB Meeting
on 9 October 1970,
OCC Subject - APPROPRIATIONS
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FULBRIGHT AMENDMENT
Section 502 of the Defense Authorization bill, H. R. 17123, which
has recently passed both Houses of Congress provides that:
"(a) (1) Not to exceed $2,8.00, 000, 000 of the funds
authorized for appropriation for the use of the Armed
Forces of the United States under this or any other Act
are authorized to be made available for their stated
purposes to support: (A) Vietnamese and other free
world forces in support of Vietnamese forces, (B) local
forces in Laos and Thailand; and for related costs,
during the fiscal year 1971 on such terms and conditions
as the Secretary of Defense may determine.... "
This is similar to previous language but clarifies the authority
to support Vietnamese forces in sanctuary areas. However the following
new language, known as the Fulbright amendment, was added in the
Senate and accepted in Conference with the House:
"Nothing in clause (A) of the first sentence of this
paragraph shall be construed as authorizing the use of
any such funds to support Vietnamese or other free
world forces in actions designed to provide military
support and assistance to the Government of Cambodia
or Laos. "
In discussion on the floor of the Senate it was made clear that
this language was not intended to interfere with such operations as our
support of the Meo guerrillas in Laos or operations in the sanctuaries
supporting U. S. and South Vietnamese forces in South Vietnam:
SECT FAT
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Senator Fulbright: "The amendment would carry out the intent of
the Armed Services Committee by prohibiting the
use of Department of Defense funds to finance
Vietnamese or Thai military operations in support
of the Cambodian Government. In addition, it
would go one step further and prohibit use of
Defense Department funds for military actions by
these countries in support of the Laotian Government.
... What I am trying to avoid is becoming really
involved in a close-scale operation in support of
the Government of Cambodia and the Government
of Laos.... The amendment will not bother what we
give to the Laotians... It will not disturb what has
been the past practice in Laos...I do not expect the
amendment to affect what has been going on in Laos
--that is the bombing of the trail, our assistance
to Laos, or what our people are doing there--
because it does not affect that. It is to keep the
Vietnamese or the Thais from dragging us into
another war. In a word that is the purpose of the
amendment. "
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Senator Stennis: "So the Senator from Arkansas is saying that anything
we have going on in Laos now is not to be affected
in any way by the amendment he offers ?"
Senator Fulbright: "Not that I know of. if
Senator Stennis: "I have told the Senator from Arkansas everything
that is on my mind. I want to make it clear that I
am a 'sanctuary man, ' and the Senator from Arkansas
agrees to that. "
Senator Fulbright: "I accept that. I am not trying to roll back anything.
I am trying to prevent any advance. "
It was also made clear in the floor debate that the words of the
Fulbright amendment simply made explicit what the Armed Services Com-
mittee Report stated was the intent of the free world forces language.
Senator Stennis agreed with Fulbright that the Fulbright amendment was
merely a statutory expression of the intent of the Armed Services
Committee.
So far as the Agency is concerned, it has been clear for some time
that key congressional leaders familiar with our activities were generally
opposed to our financing Thai troops for service in Laos and Cambodia.
As long ago as last July both Chairman Russell on the Senate side and
Chairman Mahon on the House side expressed the view that this sort of
thing put too much burden on the Agency budget and was too difficult to
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Since the passage of the Fulbright amendment there have been
extensive technical discussions on its precise legal interpretation.
Perhaps it can be argued that under some of the special authorities con-
tained in the CIA Act of 1949 we could get by with things which the
Fulbright amendment would prevent the Defense Department from doing.
Regardless of the fine legal points, however, the intent of Congress as
expressed in the above quoted dialogue on the floor and in the Conference
report seems clear: neither the Defense Department nor any other
Government agency can support outside forces in operations intended
to provide military assistance for the governments of Cambodia or Laos.
We had understood that the language of the Fulbright amendment
might be modified in Conference between the House and Senate, and we
were told by Senator Russell that such modification would be necessary
if Agency operations in Southeast Asia were not to be affected. Accordingly
our people met with representatives of the Defense Department and
discussed the matter with appropriate staff officers of the House Armed
Services Committee. Although proposals for modifying the amendment
were discussed in these meetings the Defense Department's formal
comments on various provisions of the bill did not touch upon the
Fulbright amendment. We later learned that the Defense Department
not only failed to raise the issue of the Fulbright amendment in its formal
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comments on the bill, but explained that the Administration could "live
with" the Fulbright amendment without difficulty. The amendment was
thereupon accepted in Conference and has since passed both House and
Senate. Thus, in effect, the Agency is under a mandate not to use its
legal authorities in a manner inconsistent with the Fulbright amendment.
On 29 September the Director received a call from Chairman Stennis
who explained that he supported the Fulbright amendment and that he was
opposed to the Agency's involvement in any activities which were not
really authorized by the bill. He said he felt we had an obligation to
keep our legislative overseers fully informed of any operations in which
we were engaged. He added that the Agency should not be used to circum-
vent any prohibitions imposed on the Defense Department by the Congress.
On 2 October the Director and Deputy Secretary of Defense Packard
met with Senator Stennis and reviewed the problem in more detail. In
the course of this meeting the Chairman expressed the following personal
views:
a. Any operations in "direct support" of U. S. operations
are not precluded by the Fulbright amendment. For example
we would be free to support Vietnamese or other free world
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forces in operations to clean out the sanctuary area in Cambodia,
but not in operations designed to support and sustain the
Cambodian government.
b. The Fulbright amendment was not intended to
prohibit operations in the Laotian Panhandle designed to
interdict Communist supply lines supporting the Communist
effort in South Vietnam.
c. The effective date of the Fulbright amendment is the
moment of the President's signature on the authorization bill.
In conclusion it was agreed that the Director would examine the
problem on the spot during his upcoming visit to Southeast Asia and
discuss it further with the Chairman upon his return.
In view of all this, there is not much doubt about the congressional
intent behind the Fulbright amendment. To ignore this intent would
undoubtedly produce a sharp reaction from the -fill. Indeed it might
very well result in legislation revoking the Director's special privileges
and authorities which are essential to carrying out the various missions
assigned the Agency by the NSC. It might result in far deeper and wider
scrutiny of Agency funding with the inevitable security leaks which would
follow.
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On the other hand if we observe the letter and spirit of the
Fulbright amendment in accord with the mandate of Senator Stennis the
policymakers in the Executive Branch will be required to realign several
important planned and going operations.
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