SIGNING STATEMENT FOR THE FOREIGN AID AUTHORIZATION BILL

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-57-5-13-9
• Release Decision: RIFLIM
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: January 11, 2017
• Document Release Date: October 15, 2010
• Sequence Number: 13
• Publication Date: December 26, 1974
• Content Type: MEMO

No Objection to Declassification in Full 2011/01/24 : LOC-HAK-57-5-13-9
NZ.E_MURANDUM FC)R s
ACTION
December z6, 1874
HENRY A. KISSINGER.
RICHARD T. KENNEDY
Signing Statexnerit for the Foreign.Aid
Authorization Bill
The foreign aid authorization. has been received at the White House and
will be forwardeet to the President far actis~n duxing the next 72 hours.
As you know, the :Adrninistratzon was sta.ccessful a.n reaching acceptable
compromises on ;the more onerous provisions of the bill. Nevertheless,'.
there remain several damaging restrictions in the bi11 which must be taken
.into account in recommending that the. 'resident sign ar veto the bill.
These have been.cavered 5.n greater. detail in my separate mexnoranduxn
to you of December 19 (NSC Action #-6229).
In the event you decide to recamxnend that the President sign the bill, I
believe it would assist our efforts in the future to issue a signing statement
izx tivhieh the President ~vauld set forth; his strong concern on these several
problez-n areas. Attached is such a draft signing statement for your consi-
dexa.tion. Subject to your approval, l will forwardi~vith the bill package.
which will be submitted to the President in the next day ar so.
RECOMMENDATION;
That you approve the `attached signing statement.
Approve ~ Disapprove
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 No Objection to Declassification in Full 2011/01/24 : LOC-HAK-57-5-13-9
MEMORANDUIvI~
NATIONAL SECURITY COUNCIL
AC ION
December I9, 1974
MEMORANDUM FOR: BRENT SCC)WCROFT
t
FILUM: RTCHARD T . KENNEDYG~ s'' ` ~'
SU$~'ECT: Foreifn Assistance Act
Several provisions of the newly enacted Foreign Assistance Act present
situations where U.S. interests will be jeopardized by xestrictians within ;the.
Bill . Cambodian levels of aid, both in economic and. military assistance;
restrictions an aid to Chile; the requirements placed an the intelligence com-
munity to brief covert operations to six different Congressional committees,
{Tab B), restrictions on P.L. 480, and the possibility an February 5th of a
cut-off o# aid to Turkey represent major deficiencies.
Many of the agencies concerned with the Foreign Assistance Act have concluded
that the $ill is the best cornpramise that it was possible to attain in the Con-
gressional environment that prevailed . Rather than face the deficiencies
squarely, there, may be a tendency to gloss over the undesirable aspects, while
noting the better portions of the Bill . These deficiencies Should be 'brought to
the attention of the President to permit an objective analysis of the Act.
g,E,COMMENDATTON
That you sign the memorandum to the President at Tab A.
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~.rr ~,ipiZANI]U~i
`T'HE- W1-IITE HOUSE
wnsxxxcrox
MEMORANDUM FOR: THE PRFSIDENT
FROM: HENRY A. KISSINGER
SUBJECT: ' Foreign Aid $ill
The Congi~~ess has now pa
5ev,era.1 sections of this a
conduct of a logical farei
value of. the bill.
Paramount is the limitatio
for Cambodia. The restri
even when the authorized $
a clecisian to either abando
situation in which a negotia
seeking substanti~.l addition
future. The ceiling on econ
collapse of the country high
b2~9
sed the 1974 ,Foreign Assistance Act.
twill impose severe restrictions an the
policy, and cast some doubt on the overall
on both rnihitary and economic assistance
tions on the amount of military assistance,
5 million drawdown is included, will force
our objective of maintaining a military
ed peace is possible in Cambodia, or of
1 relief froze the Congress in the near
mic aid to Cambodia m.alces the economic
likely within the next six months unless
The total of military assistance, irz-
there is additional- assistant
chiding drawdown, is not ad
ammunition and spare parts
quote to provide minimum essential
o the end of the fiscal year.'
The bill retains the Senate 1 guage, regarding Chile, ,eliminating
military assistance and redu ing economic assistance to $25 mihhioxz.
This may be construed by the Chilean Gavernn:zent as U. S. rejection of
their efforts to attain a close relationship,. and may well encourage the
Soviet=egiipped Peruvians to ilitary adventurism.
The Humphrey Amendment lizn'
immediate and far-reaching of
as sigg,ested toy the legislative
be scxubbed, anal the programs
to the token amounts already shi
ting the use of P. L. 480 will have
cts. If enforced in the .strictest manner
story, the Indonesian program would
r Chile and Korea would be restricted
ed. The rexxiaining funds would
only if Vietnam does not require
cover the Middle Fast and Vietna
the 100, 000 tans of rice allocated
them.. (F'roj ections indicate that
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o Declassification in Full 2011/01/24 : LOC-HAK-57-5-13-9
the OVN will not require tki
determined by the harvest i
of the anticipated dry season
develop in the Middle East ar
amount, but any final decision will be
January and February, and the results
offensive). If any increased requirements
Vietnarxa, there is no flexibility to respond
mendznent. The actual language of the
to the requirerzients under the
axnendrrlent is rather loose, bu
stricter interpretation was irate
technically ignore the restricti
viewed by many as flouting. the
While some compromise was att
the legislative history indicates that a
ded. While it might be possible to
s to a degree, this action would be
ent of Congress.
ned in the limitation on assistance to
id was neither a wise or useful step
Turkey, the impending cut-off of
far the Congress to enact. Turke
of U. S. security and political irate
and even the threat of imposing th
effect on our relations. if negatia
our ability to usefully contribute to
toward restoration of NATO harmo
be significantly diminished.
Finally, the bill prohibits any expe
is, and should remain a key element
ests in the eastern Mediterranean,
cut-off cannot fail to have an immediate
ons axe unsuccessful by February 5th,
a Cyprus settlement, and to work
iy in the eastern Mediterranean will
iture of appropriated funds for non-
covert actions -- unless ynu determine
national security, and a description
collection type foreign operations -
that such operations are important t
and scope of the operation is report
four Agency oversight committees o
of each house, and the Senate Forei
,Affairs Committees). Mr. Colby ha.
pact of this portion of the bill in a se
concern over the leaking of most sera
of real danger to ,the United States.
d to six committees of Congress ,(the
For these xeasons, I have misgivings
Armed Services and Appropriations
Relations and House Foreign.
expressed his concern on the im-
arate letter, and 1 .feel that his
itive material is valid and a mattex
an assistance and. the Middle East,
meet other requirements in humanitar'
but the. deficiencies make eonsideratio
to attain a bill. the compromises. and
sure that most agency recommendation
rather to offend those who have support
attain what we have now. This is perfe
of veto a necessity, The e#farts
he political capital expended in-
issue of whether the long-term effects a
term advantages.
will be to accept .the compromise
d the Administration efforts to
y valid, but tends to.cloud the
the bill may outweigh the shart-
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C~S~i 1 ~ AL fN"t'wLL-Ca~,,~iC~ r~CR?NC`!
WASHfNG'CON~ D.G. 2o5i~a
r P"' . ry P ',y
The President
The White HousE
Washington, D. C. 20500
Dear Mr. President:
This is to recai~~end a statement to be used in connection,
with your approval of S. 3394, the Foreign Assistance Act of 1974
(attached)..
~~
Section-~''l of S. 3394 prohibits. any expenditure.of
appropriated funds for non?-collection. type foreign oporations
("covert actions") unless and until the President finds that such
operations are important to national security and a description
and scope of the operation is repoxted to si.~. committees of
Congress (the four Abency ovexs~ght committees of Armed Services
and Appropriations of oath house and the Senat? Foreign Relations
and House Foreign Affairs Committeos).
The legislative history of this section is replete with references
to the necessity of protecting the security df~,ths information involved,
but na specific language e~.ists ixx~:sectinn 2~~safeguarding qr limiting
access to the information. Moreover, 1-louse Mule XI, Clause 27(c)
entitles all Members of the House to have access to all committee
records, .and the lealcing of my testimony an covert activities in
Chile before the Intelligence Subcornxraittee of the Houso Armed
Services Committee is tracealale to this Rule. The attached
statement is designed to enhance the prospect of working out
suitable security arrangem.onts to protect the sensitive information
covered by section ~f 5. 3394.
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Thie re~on~mendation stems .rox~~ my concern ovex' our ability
to protect the security of our activities so that we .can fulfill the Agency's
statutory functions under youz direction.; The spllnterll~; of responsibility
far oversight o# this ,A.gency within tl~e Congress as eviclenceG uy trail
enactx~~ent, I am fearful will'orind pressure :or w~denina the Th4er.Ce
far receipt of sensitive ?operational i.rfur:.~ation evan ,.urther. .
er-Eloseci atatearae.>t ax, a:n appr opriat.: rav.s;.o.n of :i: cauldropa:ully
slaw this L?er-dex-cy. ., ..
. W. E,? Colby
Director
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 No Objection to Declassification in Full 2011/01/24 : LOC-HAK-57-5-13-9
Recoxx~mencled Presidential Statement
an Section ? 7.0# S. 3394
,~.,~
a .;-
Section~~,-7=~of S. 3394 limits the expenditure of appropriated
funds for certain foreign intelligence activiti~s..,~broad by rEquiri:ng
a prior finding by the President that the matters,undertaken are
important to the national security and a report to congressional
committees along with an appropriate description of the nature and.
scope of such operations.
It is recognized that in a Exec society such as ours, such
activities xn.ust be rigidly controlled a:nd Z a:rn exerting. that control.
I3ut, by their very .nature,. knowledge of them within the Executive
and Legislative Branches must be limited i:rx a manner. to protect
such inforrnatia:n.
I have stressed to the Director of Central Intelligence the
absolute necessity of maintaining the security o# such information.
Y trust that the. congress in administering this .provision will cooperate
fully in this endeavox.
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