RECOMMENDED CHANGES - S. 2819 AS APPROVED BY THE SENATE ON 11 NOVEMBER 1971

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400160011-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: December 20, 2001
• Sequence Number: 11
• Publication Date: November 11, 1971
• Content Type: REGULATION

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the appropriate committee or officer of either House of Con-
gross.
" S]+7t_. 655 L1111I'L'RTIONS UPON ASSISTANCE, TO 01'
I'O.b CAMBODIA.- (a.) Notwithstanding any other provision
of law, no funds authorized to be appropriated by this or any
other law may be -oliliga et o; expended in any amount in ex-
cess of $341,00.0,000 for the purpose of carrying out directly
including
or indirectly any economic or military assistance, -or- any
operation, project, or program of any kind, or for providing
aa)y goods, supplies, materials, equipment, services, person-
fox. such economic or military assistance
iael, or advisers 1n, to, for, or on behalf of Cambodia during
the fiscal year ending June 30, 1972.
(b) In computing the $341,000,000 limitation on ob-
ligation and expenditure authority under subsection (a) of
this section in fiscal year 1972, there shall be included in the
computation the value of any goods, supplies, materials, or
equipment provided to, for, or on behalf of Cambodia in
such fiscal year by gift, donation, loan, lease, or otherwise.
For the purpose of this subsection, `value' means the fair
market value of any goods, supplies, materials, or equip-
mont provided to, for, or on behalf of Cambodia but in no
case less than 331- per centum of the amount the United
States paid at the time such goods, supplies, materials, or
e(lliipill(`))t, were acquired 1)y the TTnited States.
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" (c) No funds may be obligated or expended for any
of the purposes described in ,subsection (a) of this -section in,
to, for, or on behalf of Cambodia in any fiscal year beginning
after June 30, 1972, unless such funds have been specifically
authorized by law enacted after the date of enactment of
this section. In no case shall funds in any amount in excess of
the amount specifically authorized by law for any fiscal year
be obligated or expended for any such purpose during such
fiscal year.
" (d) The provisions of subsections (a) and (c) of this
section shall not apply with respect to the obligation or
expenditure of funds to carry out combat air operations over
Cambodia.
" (e) After the date of enactment of this section, when-
ever any request is made to the Congress for the appropria-
the purposes described in subsection (a) of this section for
tion of funds for_ use in, for, or on behalf of Cambodia for any
fiscal year, the President shall furnish a written report to
the Congress explaining the purpose for which such funds are
------------ -
to be used in such fiscal year.
" (f) The President shall submit to the Congress within
thirty days after the end of each quarter of each fiscal 'year,
22 beginning with the fiscal year which begins July 1, 1971, a
23 written report showing the total amount of funds expended
for the purposes described in subsection (a) of this section
24. in, for, or on boludir of 0,1inbodia. during the preceding gluar-
25
pro d ~Br ie 2%4kd
Ap
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1 such , ,report- a' general breakdown of the ' total amount ex-
.2 rl pended, describing the different purposes for `which such funds
',3 ?,wre expended and.- the total amount ; expended for ~ such
4 'purpose,. except: that iii the case of the first two quarters of
i5- the fiscal year beginning July 1, 1971; a single report may
:6 be submitted for both such: quarters and such report' may be
71 computed on' the basis of the
most accurate' estimates the
President is able to make taking into cor side'raition: all infor-
mattion -.,,mailable to him.
10,;;, (g) Enactmhent of this section shall'not be construed as
11 a commitment by the United ; States` to Canib6di(% for its
12 defense."
1: LIM'ITATIONS ONI UNITED STATES PERSONNEL. AND PER-
14 SONNEL ASSISTED BY UNITED STATES IN CAMBODIA
, 5 6 . , , SEO. pter 3 of part' III ' of the foreign As-
16 sistance Act of 4961, relating to miscellaneous provisions, is
17 further amended by adding after section` 655, as added by
18 section 5 (b) of this ? Act, the following new section :
"SIB. 656. LIMITATIONS ON UNITED STATES PER-
20 SONNEL AND PEIISONNEL ASSISTED BY UNITED STATES
21-1' IN CAMBODIA.-The total number of civilian ' officers and
22. employees of executive'agelcies of the United States Govern-
23 ment who are citizens,of the United States and of members
24 of tlho Armed Forces of the Uniicd States `(excluding such
25 9h~ 41Y ~14~I~ a ~ ~i t~bec~f~- Pd ~iQa4Mp FT 00410%Ve?rQ11-9
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-Camhodia which originate outside Cambodia) present in
2 Cambodia at any one time shall l not exceed two hundred.
3 The United States shall not, at any time, pay in whole or
4: in part, directly or indirectly, the compensation or allow-
5 who act as advisers to or perform technical services for Cambodia
ances of more than fifty individuals in Cambodianwho are and
6 citizens of countries other than Cambodia or the United
7: States. For purposes of this section, `executive agency of the
8 United States Government' means any agency; department,
9 board, wholly or partly owned corporation, instrumentality,
10 commission, or establishment within the executive branch
11 of the United States Government."
13, -SEC. 7. The Foreign Military Sales Act is amended as
follows :
(1) In section 33 (a), relating to regional ceilings on
foreign military sales, strike out "$75,00,0,000" and insert
17 in lieu thereof "$100,000,000".
18 (2) Section 33 (c), relating to regional ceilings on for-
.19
eign military sales, is repealed.
20 EXCESS D +`FENSE ARTICLES
21 SEC. 8. Section 8 of the Act of January 12, 1971,
22 entitled "An Act to amend the Foreign Military Sales Act,'
23 and for other purposes" (84 Stat. 2053), is amended-
24 (1) by striking out the first and second sentences
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RESTRICTIONS RELATING TO POREIGN TROOPS
2 I:SEc. 11. Section 401 (a) of Public Law 89-367, ap-
3 proved March 10, 1966 (80 Stat. 37), as amended, is
4 amended-
5 by inserting in the second sentence of para-
graph (1), after "to or for the use of the Armed
7 Forces of the United States", the following : "or of any
8 department, agency, or independent establishment of the
9 United States"; and
.10 (2) by inserting in the introductory matter pre-
1 ceding clause (A) of paragraph (2) of such section,
12 after "Armed Forces of the United States", the follow-
or authorized for use under the Special Foreign
.13 ing : "or -of--airy a tr vent,- aber~cy; -ar - -i ndepeneler~t -
Military and Related Assistance Act of 1971
14 -es ablishmen.t " o -the- l;~nite Mates".
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States entered into a bonafido agreement which designated Lockheed's
fixed loss on the C5-A program to be $200,000,000, and to restrict
the traditional right of recovering depreciation, bid and proposal and
independent research and development costs is to add upwards of an
additional $20,000,000 in fixed loss. They consid-or it unfair for
Congress to legislatively amend the contract on what they believe to
be an ox post facto basis. However, after considerable discussion the
House conferees recognized that the Senate was adamant in its posi-
tion and' in the broader interest of enactin
the entire bill into law 0-
g ,
House conferees receded with the exception of Mr. Arends, Mr.
G
b
u
sor, and Mr. Wilson, and accept the Senate position on this
provision of the bill.
CEILING ON EXPENDITURES IN 'YrAOS- Cambodia
Section 505 of the Sonato bill imposes a ceiling of MIO million on
expenditures in, to, for, or on behalf of ba,-es, excluding combat air
operations in or over Laos by U.S. military forces. The section further
requires quarterly written reports by the President of the United
States to the Congress showing the total of expenditures by the U.S.
government during the preceding quarter subject to the ceiling, with a
breakdown of the purposes for which the expenditures were made. The
section also provides that after the date of enactment of this Act any
request for the appropriation of funds for use in, for, or on behalf of
Laos shall be accompanied by a written report explaining the purpose
for which such funds are to be used.
The Congress has been advised that the ceiling established by the
section
$69. milli
n
i
i
l
h
'
,
,
o
s equ
va
ent to t
e totl expenditures pro-
grammod by the administration in motes for fiscal year 1972, excluding
the normal and usual expenses of the embassy discussed below.
The House conferees are in sympathy with the purposes of the
limitation and the House, therefore, recedes. , ~
The conferees intend that the -? million limitatiolshould
~rneltlele all assistance-related activities in Laos. However, the conferees
wish to make it understood that it is not the intent to $acora coiling
on, or reduce, funds available for vital non-assistance-related activities
in programs which must be carried on irrespective of assistance-
related operations in Laos, such as the normal expenses incurred by
the State Department in the operation of its embassy and such normal
and usual expenses of the embassy as would be incurred in peacetime
in the absence of any military, paramilitary, or economic assistance
programs of any kind.
REPORTING OF SCHEDULES AND TESTING PRIOR TO PROCUREMENT
The Senate bill contained a new general provision, Section 506,
which requires the Secretary of Defense to submit annual reports on
development sohedules, procurement schedules, and operational testing
and evaluation (OT&E) for weapon systems for which funds for pro-
curement are requested. In addition, supplemental reports are re-
quired to be submitted 30 to 60 days prior to' awarding of a procure-
ment contract.
The House bill contained no similar provision.
authorization and the reporting requirements of the section
applies to.
>, such authorization and reporting requirements on, or. .
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This is the Military Assistance
Bill that has finally been approved by
the Senate on 11 November. We
would like to get together with you
when you return on the 15th to see
if there's a need to change from the
positions we've taken so far as re-
flected in the other material we sent
you.
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