S. 2819

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100050011-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 20, 2016
• Document Release Date: December 18, 2006
• Sequence Number: 11
• Publication Date: November 12, 1971
• Content Type: OPEN

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92D CONGRESS
1ST SESSION
S. 2819
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 12, 1971
Ordered to be printed- as passed th Senate
AN ACT
To provide foreign military and related assistance authorizations
for fiscal year 1972, and for other purposes.
1 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 as the "Special. Foreign Military
4 and Ve1.ated Assistance Act of 1971".
5 STATEMENT OF POLICY
6 Sh;c. 2. This A.ct is enacted ,is an interim measure to
7 carry forward for fiscal year 1972 United States bilateral
8 military assistance and nailitaaay credit sales programs author-
9 ized by the Foreign Assistaaace Act, of 1961 and the Foreign
10 Military Credit Sales Act. The Congress intends at the
11 earliest possible date to reevaluate the United States foreign
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assistance program. includinf, foreign Military- sales, and to
develop a ue program for the future. Accordingly, this
.1 ii looks to the phase-gilt of the current program and to
-t tilt, e't,hhlishlnehht of it nuw one wllicli will coirnrlalhd the
0 respe(~t ilucl the support of Congress and the American
G people.
AUTHOR] ZATIi_)\
Si,:(-. 1. (a) There are authorized to be appropriated to
Presidena for fiscal year 197S-
(I A506,00O.0O0 to carry out the provisions of
cluipter 4 of part I of the Foreign assistance Act of
1961. relatin!r to supportiug assistance;
1 S5.00O,00O to carry out tale provisions of
t t siich chapter 4 for Israel only :
15 (:-) $452,000,000 to carry out the provisions of
1(; 1),1rt II of sneh Act, relating to militnru assistance; and
17 (4) $400,000,000 to carry out the provisions of the
I l-'orei-,-- Afilifilrv Sales Act.
i:i (h) The it,, regaft total of credits, or participations in
er?erlits, extended under the Foreign Military Sales Act
(excluding credits covered by guaranties issued under see-
t.ion 24(b) of such Act) and of the face amount of guaran-
ties issued ruder section 24 (a) or (b) of such Act shall
not exceed the fl111t)lint of A551).O00.000 for fiscal year 1972.
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1 of which amount not less than $300,000,000 shall be made
2 available to Israel only.
3 (c) Any appropriation made under any clause of sub-
4 section (a) of this section shall be co:r.sidered as an appro-
5 priation made under that provision of the Foreign Assistance
6 Act of 1961 or the Foreign Military Sales Act, as the case
7 may be, authorizing an appropriation for a prior year for the
g same purpose as such clause.
9 MILITARY ASSISTANCE
10 SEC. 4. Part II of the Foreign Assistance Act of 1961,
1 relating to military assistance, is amended as follows:
12 (1) Section 505, relating to conditions of eligibility, is
1 e3 amended-
14 (A) by striking out of subsection (b) (2) the word
15 "and" and inserting in lieu thereof "or"; and
16 (B) by striking out subsection (e) .
17 (2) In section 506 (a), relating to special authority,
18 strike out-
19 (A) "1970 and the fiscal year 1.971" and insert in
20 lieu thereof "1972"; and
21 (B) "each of the fiscal years 1970 and 1971" and
22 insert in lieu thereof "the fiscal year 1972".
23 (3) Section 507 (a), relating to restrictions on military
24 aid to Latin America, is amended to read as follows : " (a)
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defense articles furnished b Y the United States Government
under this Act. to Latin American countries shall not, exceed
I Except is ot.hcrwise provided in this section, the value of
-t : l(),UOO )OO. Not: to eXcceecl $25,000,000 in value of defense
5 article, teat he furnished under this hart 4111 ;1 cost-sharing;
basis to alt litter-A inericau nlilitarv force (ulc)er the control
of the 01 anitalion of kinericall States."
(4) 1i the end of chapter 2 of such part If. add the
folloxviiit new sections:
.5t I. It it.rrkIn, lwlsORV
(xttctt't's Amt) NIissio-\s.-----1 a) It is the sense of Congress
that the uce(I for I;irgrc 1`ttited States iitilitarv assistance ad-
VIsorv groittts and military aid niissiniis in foreign eonntrics
14 has {hiltliii4lte(1 ;tll)st;llltially duriia the last few 'ears. In the
words of 1110 Petet'sOf
`1';csk Force Report oil International
cc its super-
Develul incnt. The United Stares now can r
vi,iun and advice to .1 ntiilinitlttt, thus encouraging progress
tom-.trcl 'elf-reliance. l tiitc ( States militan mission-, and
;1(lvisorv group.,; should Ilc' consolidated with other elements in
4111. 01,01 Seal t11i~+s11-tls ;IF
1)(111 11 1~1)ssil)le.
" 4111 lit accordance with the provisions of subsection
(a ) of this section. the total number of 1`nited States military
l)cr.onilel ;t~xfl 11e(I ;11ii1 detailed. a of Sepleiuher O. 1?)71,
to 1 Iiited SIatcs tliilit;tt'V ao;sisiulice advisoi'v groups. inllitarv
mission. 11n(1 other onranizations of the anted States per-
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1 forming activities similax to r.uch groups and missions, shall
2 be reduced by at least 25 per centum by September 30, 1972.
' "SEC. 512. MTI,ITAI Y ASSISTANCE AUTHORIZATIONS
4 Fors TIIAILAND.-After June 30, 1972, no military assist-
5 ance shall be furnished by the United States to Thailand di-
6 rectly or through any other foreign country unless that
7 assistance is authorized under this A.et or the Foreign Mili-
8 tary Sales Act.
9 "SEC. 513. LIMITATIONS ON AVAILABILITY OF FUNDS
10 FOR MILITARY OrFIZATIONS.- (a) No funds authorized or
11 appropriated under any provision of law shall be made
12 available by any means by any officer, employee, or agency
13 of the United States Government for the purpose of financ-
14 ing any military operations by foreign forces in Laos. North
15 Vietnam, or Thailand outside the borders of the country
r"j )ersoii eceiving such funds unless
16 of the government
17 Congress has specifically authorized or specifically authorizes
18 the making of funds available for such purpose and desig-
19 nates the area where military operations financed by such
20 funds may be undertaken outside such borders.
21 " (b) Upon requesting Congress to make any such au-
22 thorization, the President shall provide to Congress a copy
23 of any agreement proposed to be entered into with any such
24 government or person and the complete details of the pro-
25 posed military operation. Upon such authorization by
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?..y. "I", U,,c A I('na+ ill, to tr%itlt? it Uii}Iy Ul ally ,LLCU
.agreetnent, and thereafter of all plans and details of such
operation.
"Si
l:d. t ~`+1 ECillt, F ORE,,tGGN 'F)1`N'l'RT, A('COUNTS.-
(a) Except as otherwise provided by subsection (b) or (c)
of this seetioa), no defense article may be givers, and no grant
of anilitary assistance may be made, under this or any other
law to a foreign country unless the country agrees-
:` { 1;a to deposit in a special account estbblislaed by the
United Sta tcs Government the following amounts of cur-
renew of that country:
.9 (:1) in the Lase of any excess defense article to
lie given to that country, an amount equal to 25 per
cent urn of tht, fair value of the article,- as determined
lay the Secretary of State, at the tune the agreement to
give the article to the country is made; and
1-1 " (W in the case of as grant of military assistance
24
to he niadle t,i that country, an aanoatnt dqual to 25 per
eeutnna of each such grant ; and
" (2) to allow the TTiaited States Government to use such
Faaraoutrrs from that special account as n)av be determined,
front tutu' to tithe. lay the President. to be necessary to pate all
official r:ast, of the 1'nited States (=foverninent payable in the
('urgency raf that country, inrlndin all costs :relating to the
Finaucitng of iniera,aat iora aJ educational and cultural exchange
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activities in which that country partici.,pates under the pro-
grams authorized by the Mui.ual Educational and Cultural
Exchange Act of 1961.
" (b) The President 'inay waive any amount of cur-
5 rency of a foreign cotuitry required to be deposited under
6 subsection (a) (1) of this section if he: determines that the
United States Government will be able to pay all of its official
costs payable in the currency of that country enumerated
under subsection (a) (2) of this section without the deposit
of such amount and without having to expend United States
dollars to purchase currency of that country to pay such
costs.
" (c) The provisions of this section shall not apply in any
case in which an excess defense article is given, or a grant
of military assistance is made, to a foreign country under an
agreement with that country which allows the United States
Government to operate a military or other similar base in
that country in exchange for that article or grant.
" (d) Section 1415 of the Supplemental Appropriation
Act, 1953 (31 U.S.C. 724), shall not be applicable to the
21 provisions of this section."
MISCELT,ANE(T7S PROVISIONS
SEC. 5. (a) (1) Section 652 of the Foreign A ssista:nce
Act of 1961, relating to ntis(?elloneous provisions, is amended
to read as follows :
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(;52, I41MT'i'1' 1o . TTPt,N 1'.t1:I4(`.ISP OF SPECIAL
A rJT)tORI`ri i. *.-The President shall not exercise :any special
authority .ranted to bun nnder section ,t!(; (a) . 610 (a) , or
(i 14 (a) of thi, .1 ct nt,l,-c4 the President.. at least ten days
prior to tltc date Ise irtttncls to exercise any such, authority,
t> tnutiiie? the 4pe:ikcr of Hit- 1I,,3tsc of 1,cpresentattiNes and the
1:3
( ~onrnlrttee ~1r, I' iart't~rt I,elata~ir,s of the eIta,te in writ jug of
each, atcla ioacr,clc{l excrrisc. the eetion of this Act under
which such authoriTv i, to he cxcrcised. and the justification
for. anti the' cxteti, of, the exercise of such authority."
(L) The last ,cast etu?e of section 506 6-1) of such Act.
relatirng to special artrthoirity, is repealed.
(;} "he last set,tence of section 634 (d) of such Act,
1 ,'viatir,y to t'el,ort~ atu(l irtttrr'iii:rtion. is amended by striking
15 out "614 0)
tai (h) f_'hatlster :r of pan III of stuclt Act is amended by
17 :rddittn' at Ow utul ;hereof the following new sections:
18 Ot.yYt;r? T OF FOTnFTGN
19 'Not lancer than thirty days after the en-
ar03rmut of ;uiv laws atlrlrrcilrriatin funds to carry out any
21 P?'?'' :-f this Art (othcr tlutr, seclio,t, 451 or 637), the
I'residvut shall trot ifti' I lie (
-r,trress of each foreign country
=`=t a,nd internatinnal F-rtar,izatior, to whicl, the T?nited States
24 Government intend, tci provide ail y
portion of the fonds
''o tinder such, law :,,,cl of the a,rnr not of funds under that law,
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1 by category of assistance., that the United States Government,
2 intends to provide to each. Notwithstanding any other provi-
3-....lion. of law, the United States Gotierrrment.shall not provide
4 to. any foreign country or international organization. any
5 funds under that law which is in excess, -of.10,,per centum of
6 the amount of each category of assistance which. tl e Presi-
7 dent notified. the Congress that the United;, States Govern-
8 ment intended to provide that country. or organization under
9 that law, unless the President (1) determines :that it is vital
10 to the security of the United Statess. hat. such -country or
1l
organization receive funds in excess of the amount included
12 in such notification for that country or organization, and (2)
13 reports to Congress, at least. ten. days: prior to -the date on
14 . which such excess funds are to, be provided to that 'country
15 or organization, each such determination, including the name
16 : of the country or' organization to receive funds in excess of
17 such per centum, the "amount of funds in :excoss of that per
1S centum which are to be provided, and the. Justification 'for
19: providing the 'additional assistance.
20 " (b:) The provisions of thi s section."sha.l not ''apply m
21 the case of any law making continuing appropriations and
22 may not be waived under the provisions of section 614 (a)
23 of this Act.
"SEC. 654. PRESIDENTIAL FINDINGS `AI ll DETERI T-
S. 2819 2
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11)
1 NATIONS.- (a) In any case= in -which the President is re-
2 quireA to snake to report to The ("wigress, or to any committee
or officer of either House of Congress, concerning any- finding
or determination under any provision of this .k ct. the For-
eign Military Sales Act, or the Foreign A ssista.nee and
t, Belated I'r+- -i:3.r-is kpprropriati--n Act for each fiscal year,
that findintr or determination shall be reduced to writing
And si-rnecl by the President.
" (b) No action shall be taken pursuant to any such
finding or determination prior to the date on which that
11 f hiding or dcternaination has been reduced to Writing and
12 signed h v the President.
1J (co) Each such finding or determination shall he pub-
.14 lished iii the Fetlcaal Register as soon as practicable after it
15 has been rt'diaeed to writing and signed by the Prc ideiit. Iii
16 any case in 4s hide the President concludes that such publica-
17 lion would he hctrutful to the n at.ional security of the United
States, only a statement that a determination or finding has
been made by the President, including the naare and section
20 of the Act under which it was made, shall be puhlisl-ed.
21 " (d) No committee or officer of either House of Con-
22 gress shall be denied any requested information relating to
`13 any finding or deterruina.tion which the President is required
24 to report to the Congress, or to any committee or officer of
2''% either House of C ingress. under any provisirr of this Act,
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1 the Foreign Military Sales Act, or the Foreign Assistance
2 and Related Programs Appropriation Act for each fiscal
3 < year, even though such report has not yet been transmitted to
4 the appropriate committee or officer of either 13ouse of Con-
5 gress.
6. "SEC. 655. LIMITATIONS UPON ASSISTANCE TO OR
7 FOR CAMBODIA.- (a) Notwitlhstanding , :ny other provision
8. of law, no funds authorized to be appropriated by this or any
9 other law may be obligated or expended in any amount in ex-
10 cess of $341,000,000 for the purpose of carrying-out directly
11 or indirectly any economic or military assistance, or any
12. operation, project, or program of any kind, or for providing
13 ::-any goods, supplies, materials, equipment, services; person-
.14, nel, or advisers in, to, for, or on behalf of Cambodia during
15 the fiscal year ending June 30, 1972.
(b) In computing the
341,000,000 limitation on ob-
17 ligation and expenditure authority under subsection (a) of
18 this-;section in fiscal year 1972, there shall be included in the
19 computation the value of any goods, supplies, materials, or
20 equipment provided to, for, or on behalf. of Cambodia"Fin
21 such fiscal year by gift, donation, loan, .[ease, or otherwie.
22 For the purpose of this subsection, `value' rnepns the fair
23. market value of any goods, supplies, materials., or equip-
24, ment provided to, for, or on behalf of Cambodia but in no
25 case less--;than 33s per centurn of the amount the United
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I States paid at the time such goods, supplies, materials, or
2 equipment were acquired by the United States.
11
"(c) No funds may be obligated or expended for any
4 of the, purposes described in subsection (a) of this section in,
5 to, for. or on behalf of Cambodia in any fiscal year beginning
t; after June 30. 1972. unless such funds, have been specifically
7 nufliorized by law enacted after the date of enactment of
8 this section. In no case shall funds in any amount in excess of
`t the amount specifically authorized by law for any fiscal year
10 be obligated or expended for any such purpose during such
11 fiscal year.
12 "(d) The provisions of subsections (a) and' (c) of this
13 section shall not apply with respect to the obligation or
expenditure of funds to carry out combat air operations over
15 Cambodia.
IG (e) After the date of enactment of this section, when-
17 ever any request is made to the Congress for the appropria-
18 tion of funds for use in, for, or on behalf of Cambodia for any
19 fiscal year, the President shall furnish a written report to
20 the Congress explaining the purpose for which such funds are
21 to he used in such fiscal year.
22 " (f) The President shall sublrait. to the Congress within
23 thirty days after the end of each quarter of each fiscal year,
24 beginning with the fiscal year which begins July 1, 1971, a.
2-; written report showing the total amount ; of funds expended
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in, for, or on behalf of Cambodia during the preceding quar-
ter by the United States Government, and shall include in
such report a general breakdown of the total amount ex-
pended, describing the different purposes for which such
funds were expended and the total amount expended for such
purpose, except that in the case of the first two quarters of
the fiscal year beginning July 1, 1971, a single report may
be submitted for both such quarters and such report may be
computed on the basis of the most accurate , estimates the
President is able to make taking into consideration all infor-
mation available to him.
" (g) Enactment of this section shall not be construed as
a commitment by the United States to Cambodia for its
defense."
LIMITATIONS ON UNITED STATES PERSONNEL AND PER-
SONNEL ASSISTED BY UNITED STATES IN CAMBODIA
SEC. 6. Chapter 3 of part III of the Foreign Assistance
Act of 1961, relating to miscellaneous provisions, is further
19 amended by adding after section 655, as added by section
20 5 (b) of this Act, the following new suction:
21 "Six. 656. LIMITATIONS ON UNITED STATES PERSON-
22 NEL AND PERSONNEL ASSISTED BY UNITED STATES IN
23 CAMBODIA.-The total number of civilian officers and em-
24 ployees of executive agencies of the United States Govern-
ment who are citizens of. the United, States and of members
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of the Ari--ed ls'or~?e~ of the I'aiited States (exeJuiding such
nuernbers while :Iehr;aliv engaged in air operations in or over
t';-nrbodia--