FOREIGN AID LEGISLATION RESTRICTIONS AND PROHIBITIONS ON FOREIGN POLICE TRAINING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600170041-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 41
• Publication Date: August 17, 1973
• Content Type: REPORT

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17 August 1973
FOREIGN AID LEGISLATION
Restrictions and Prohibitions
on Foreign Police Training
1. Background..
A. Senate. In keeping with its wish to-separate military and, economic .
assistance, the Senate Foreign Relations .Committee,(SFRc.) has.acted on two bills:
(1) Military Assistance. On 26 June 1973 the Senate passed
S. 1443, "Foreign Military Sales and Assistance Act. " Chapter
25 of the;Act, dealing with "Supporting Assistance," provides in
section 2502:
"(b) No part of any appropriation made available to
carry out this or any other law shall be used to conduct
any police training or related program for a foreign country. "
The SFRC in its committee report on the prohibition explains:
". . . Both training in the United States and in foreign
countries is prohibited. The prohibition is meant to cover
all advisory or training programs involving all phases of
:Law enforcement, including prison administration. United
States participation in the highly sensitive area of public
safety and police training unavoidably invites criticism from
persons who seek to identify the United States with every act
of local police brutality or oppression in any country in which
this program operates. It matters little whether the charges
can be substantiated, they inevitably stigmatize the total United
States foreign aid effort. In undeveloped areas of the world,
the costs of public safety programs are better left to be under-
written from local resources and the United States assistance
effort directed toward less sensitive areas of social or economic
development.
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"We have troubles enough with police /community
relations in our own society. The Committee believes
that our government's efforts would be better directed
to this, and our own crime problem, rather than trying
to teach foreigners how to run their police departments. "
(Senate Report 93-189, pages 33, 34. )
(2) Economic Assistance. On 2 August, the day before the
summer recess, the SFRC favorably reported S. 2335, "Foreign
Assistance Act of 1973. " This bill carries a similar prohibition:
"SEC. 115. PROHIBITING POLICE TRAINING.--No
part of any appropriation made available to carry out this
or any other provision of law shall be used to conduct any
police training or related program for a foreign country. "
The Senate Committee report explanation of this prohibition is
identical to the explanation quoted above in connection with S. 1443
except that there is a statement reflecting the Committee's intention
not to impair certain narcotics programs:
"... However, this section is not intended to prohibit
narcotics programs authorized under section 481 of the
Foreign Assistance Act. " (Senate Report 93-377, page 17.
Status. The bill has been referred to the Senate Committee
on Finance for consideration of that section of the bill relating to
exports and for subsequent report to the Senate by that Committee
not later than September 12.
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B. House. On 26 July the House narrowly passed H. R. 9360, "Mutual
Development and Cooperation Act of 1973;" which authorizes foreign
economic assistance for fiscal 1974 and 1975 and foreign military assistance
for fiscal 1.974. Section 821 bars the use of the bill's funds for support of
police or prisons in South Vietnam:
"... No assistance shall be, furnished under this section
to South Vietnam unless the President receives assurances
satisfactory to him that no assistance furnished under this
part, and no local currencies generated. as a result of assis-
tance furnished under this part, will be used for support to
the police or prison construction and administration within
South Vietnam. " (House Report 93-388, page 93. )
Representative Michael Harrington (D. , Mass.) offered a floor
amendment which would have broadened the provision to "any other act"
and remove the discretionary authority of the President to determine if
the funds were used for the prohibited purposes:
"No part of any appropriation made available to carry out
this or any other act or local currency generated through com-
modity sales programs shall be used for public safety programs,
police training, support, or advisory programs, prison construc-
tion, or prison administration within South Vietnam. " (119 Cong.
Rec. H. 6731. Daily Ed. June 26, 1973. )
The Harrington amendment was rejected.
2.. Parliamentary Situation. At best, the parliamentary situation is messy.
A. S. 1443/H. R. 9360. The House amended the Senate passed S. 1443
by substituting the provisions of H. R. 9360. The options for the Senate are:
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(1) To accept the House version of the legislation;
(2) To disagree with the House amendments and request a
conference to resolve the difference between the House and Senate
passed bills;
(3) To place S. 2335 on the Senate Calendar after it is reported
out by the Senate Finance Committee, pass it, and send it to the
House where it probably would be referred to the House Foreign
Affairs Committee for further action;
(4) Amend H. R. 9360 in the Senate by adding the substance of
S. 2335 and send it back to the House for further action where it
could lead to a request for a conference. In the meantime, the
foreign assistance program would continue to be funded under
continuing resolution which is due to expire 30 September (P. L.
93-52).
B. Prospects. Since the SFRC, Chairman Fulbright particularly,
is anxious to attempt to get some of the restrictions in the Senate bill into
the law, it is believed that the SFRC will want to bring the legislation to
conference as soon as possible, otherwise foreign assistance programs
are funded under the continuing resolutions sans restrictions. The House
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Foreign Affairs Committee has traditionally been more receptive to our
needs. Moreover, as noted above with respect to narcotic programs,
even the broad Senate provision has already been narrowed. For this
reason, we think we could be effective in working out either legislative
history or statutory language to protect our equities if this becomes
necessary.
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