SYMINGTON AMENDMENT

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-15-2-4-8
• Release Decision: RIPLIM
• Original Classification: S
• Document Page Count: 6
• Document Creation Date: January 11, 2017
• Document Release Date: November 17, 2011
• Sequence Number: 4
• Publication Date: July 21, 1971
• Content Type: MEMO

No Objection to Declassification in Part 2011/11/22: LOC-HAK-15-2-4-8 Y OUTSIDE
OSD REVIEW COMPLETED. Secondary referral to
NSC
SYSTEM ~..
NSC and DOS
reviews completed.
MEMORANDUM FOR DR. KISSINGER
FROM: K. Wayne Smith
SUBJECTS Symington Amendment
Secretary Laird, Ambassador Godley, and Under Secretary Johnson
are scheduled to appear before the Senate Armed Services Committee
on Thursday to testify on DOD and CIA funded operations in Laos.
(Stennis' letter to Laird is at Tab A.)
The Secretary's testimony is particularly important in view of
the proposed Symington Amendment to the defense procurement
bill which would impose a $200 million ceiling on both program
obligations and expenditures for U.S. operations in Laos for FY 72.
The purpose of this memorandum is to inform you of the underlying
issues and informal information received from Jim Woolsey!
the Armed Services Committee Staff. With this information i.n
mind you may want to consider:
-- (a) Calling Senator Stennis yourself to insure that the
Administration's position is accurately conveyed to the Congress.
Your message could be either:
NATIONAL SECURITY COUNCIL
- The Administration rejects the Symington Amendment
and alternatives thereto, or
-- The Administration will work with Senator Stennis to
devise an appropriate alternative amendment. But such an
alternative cannot be prepared in advance of Thursday's testimony.
- (b) Leaving the issue alone on the assumption that Laird's
testimony gives reasonable assurance of an outcome the Administration
can live with.
SECRET
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The Administration's projected program. level for Laos in FY 72
is well above the $200 million ceiling in the proposed Symington
Amendment. A preliminary breakdown of the Laos program is
shown in the table below.
FY 1972 Program Obligations for Laos
Dollars in millions
USAF Sorties (outside trail)
143
Support for Regular RLG Forces
98
Support for Lao Paramilitary Forces
.92
25X1
116
Support for RLG Civilian activities
36
. including refugee Relief
Economic stabilization support
Other
TOTAL
force operations as well as air operations.
sharp cutback of activities in Laos, i.e. , ~~Lao ground
Clearly, adoption cf the Symington Amendment would require a 25X1
In our discussions with the Armed Services Committee Staff, they
have gone to great pain to point out-
-- (1) the Symington Amendment is a serious threat to the
Administration's Laos program. Whereas the House-inserted
Vietnamization caveat neutralized the impact of the Fulbright
amendment last year, the Symington amendment or its substitute
that would probably emerge from a House -Senate conference will
impose important constraints on Laos programs.
associated with separate bills that are designed to do such things
Cooper, Church, Humphrey and McGovern in one way or the other are
-- (2) Of greater concern to Senator Stennis and the Committee
Staff is the threat to CIA programs worldwide. While I am not in a
position to judge how great this threat is, I am told that Senators Case,
SECRET
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 No Objection to Declassification in Part 2011/11/22: LOC-HAK-15-2-4-8
SECRET
as (in the words of the Church Amendment - paraphrased) prohibit
CIA involvement in military or paramilitary operations in any
foreign country under any circumstances, etc. etc. In other
words Senator Stennis feels that the direction of CIA involvement
in Laos has to be clarified in order to protect CIA operations
elsewhere.
-- (3) What Senator Stennis wants is for the Administration to
come up with an alternative to the Symington Amendment which
he could put forward as his own. Stennis wants to support the
President's position, but he does not think it is reasonable to
reject the Symington Amendment without a viable alternative.
The Armed Services Committee Staff has hinted to State and DOD
that it would like to see an alternative amendment that the
Administration could live with. But the staff doubts that it will
get an alternative from State or DOD.
In discussing what the Committee Staff might consider as an
alternative, we were shocked to find that the Congressional intent
underlying limitations on MASF funding for operations in Laos
is considerably different from what State and DOD lawyers have
led us to believe.
North Laos presents different problems but there does appear
to be scope for Senate recognition for ground
forces in Laos to supplement Lao manpower deficiencies and
thereby sustain Laos, and security
interests. At the same time USAF operations over North Laos
might be justified on a primarily Vietnamization rationale.
While selling such a rationale for the Laos program to the
Armed Services Committee and to the Congress would be no
simple task, Senator Stennis' request for help on this matter in
conjunction with the absolutely untenable position State and DOD
lawyers have put us into with respect to justifying actions in Laos,
may provide the Administration with the opportunity to increase
its flexibility and improve its public posutre with regard to what we
are doing in Laos. The price of obtaining Senator Stennis' support
for such an alternative would probably be a plan phase CIA out of
Laos beginning in FY 72.
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25X1
e. Provision will be maintained for USAF bombing
in North Laos, but berhaus it will be necessary to begin nhasinty
n?r TT bombing
If you choose the option of developing an alternative you would want
to inform Secretary Laird that he should stand firm in defense of the
Lao program in order to give the Administration time to work out an
alternative to the Symington Amendment that Senator Stennis can
support.
Recommendation
I recommend that you-
-- call Secretary Laird and advise him to stand firm in
support of the Lao program, and
-- call Senator Stennis and indicate that the Administration
will work with him in developing an acceptable alternative to the
Symington Amendment.
No Objection to Declassification in Part 2011/11/22: LOC-HAK-15-2-4-8
 No Objection to Declassification in Part 2011/11/22: LOC-HAK-15-2-4-8
FA.
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Lai rd
Secr?cALI-ary of 1)e erl c
-on; D. C. ?
Dear Mir. Secretary :
I"1:1?.:Cc'i?~: t?E: i ifGSl T'[:C~i? C:i: to 101-h L)'3!?
t
r! various Ui:E 1'c! L. i C)r: in Laos . This J.,,, true in !..o 0) a Ca,es.r cut: breakout; of the Various purposes for
the filncls are int.:rl._ie:u; and (2) a ju:it ifi.cc" t orl in tertiis of pee
for III.P . i; ount?F. of the funds be-in?"' ut:i l "j.'',,eJ .
July 13
1971,
iticrt heretofore sut.:1AI,f:cci to the Co_::~;it?tcc' is
I am therefore requestinc that you at, ;:.ear - before t e Corn -
I it?1-fie on et Clay that :'l.7.~. be C1Cf' ni-t: J.~,? SC''!_:d~l1CC'. as earl-y as
I would also noL.c th1 : L. there is ?r:o;, r,c r1G? I]" befort f i C;?r:
.
the a,,:ercinent herc would bt- excluded fro:. the cc' I 4i c . i;=nci
tunes in Co:"!neet`.+.o: +`' iCt
UrpC:T'F.t? _ 'ts ovc-- the
c^.l'1:1 c'toJ:'cn' i /.r.cl
(d) 1~,.,1,! other separate elcne t tflat might be DOD
fiscal. year 1., C'(2 in C:C,.. r?~`,. e~C':_7nt] 1::it-? "I' e el.C;t cnt t t ri u C C. Gt t) o :
nryshed curin; F? 72 for each of t:hcse ele;dent . There will ther fore be two separate totals Value: and New Ob1.i. ;at; ona.1-
l.ttt?hoi use of D01) 1,11.1"I s for non-? U . S . force: for
ftitided
It is cas;.;?tts;lect that the prograT: value Will include the surplu
0*1 eye V:i',ltl. 1t10Ll, e`'.I tt ;J 1. ti SG, c.:. tU ti :: a l~C'
r.
ot.h'er t._.an the 'trail and i_!;;f:iedia.tely ?adjaec:T]lt: ar?eals in S' uth rn
(2) r'he est?i?':-.t0C. cost of air support:, i?ac:t:i_cal or
furnished by the U.S. in any form in Laos. in? fiscal Year 1972 fo
fiso l Year 1972. It is re- l:i_re this E: ::` j.6 not ?:C.:' ' d by
DOD but. it is requested the irifor:lat:ion be obtained . fr. om ol'd'er
ctg;cncles for. transmission to its..
a" the c dded C'Ie aent:s under corisi_dcra Lion.
(11) If there arc! any elements in the fiscal year 1972 i:,'ro*4x,;
t,1hich are not cc~;r:pl_c't:c'1y firm, please indicate the add:it:ion_:i c'o
(5) A revised estimate with respect to DOD funds for non - TJ . S
forces I n Thai land and South Vietn am if these estimates have
cbancc frora the January 26, 1971, submission.
The Cc,rumittee is in the process of compl_etinu the mar.V:curl of
the procu.r"emc'nt: bill and At is urgont that :?!e have this inform t
'by the date inclic
No Objection to Declassification in Part 2011/11/22: LOC-HAK-15-2-4-8
(3) Tne amount. of ccono;itic al-d bcinf"p pro:1osed for Ltto~ for