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October 17, 2001
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Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 S. 3390 Section 4: New Section 515 of the Foreign Assistance Act of 1961, as amended "Limitations on Availability of Funds for Military Operations" (page 7, line 17) New Section 515 New Section 515 would prohibit the use of funds "under any provision of law" for the purpose of financing any military operations by foreign forces in Laos, North Vietnam, or Thailand unless Congress has specifically authorized or specifically authorizes the use of funds for such purpose and designates the area where military operations financed by such funds may be undertaken. Executive Branch Position The Executive Branch strongly opposes the inclusion of section 515 in a foreign assistance act. This section is inconsistent with section 501(a)(1) of S.3108 and H. R. 12.604, the military procurement authorization bills, which are pending in the Armed Services Committees, and the understandings covering that section. Section 515, as worded, would affect on-going arrangements for U.S. assistance to Laos which also involve regional cooperation and self-help and would have grave impact on our goals in Laos. These goals are and have been to aid in the orderly withdrawal of U.S. forces from South Vietnam and to preserve the precarious but important balance which exists in Laos. Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Further, the provision of subsection (b) of section 515 would impose impractical and undesirable requirements on executive actions without due regard for the President's responsibility in this field. Aside from raising constitutional questions that may impair the President's authority to conduct negotiations with the affected countries, section 515 might severely restrict the ability of the recipients to react quickly in emergency situations. For example, it could prevent the victim of aggression from engaging in hot pursuit of an enemy after his territory is invaded. Yet according to section 502 of the Foreign Assistance Act of 1961, as amended, a recipient nation may use military training and equipment provided by us for its legitimate self-defense. In short, section 515 would require that the affected recipients of foreign security assistance allow the United States Congress to determine in advance what steps they can take in defending themselves from aggression. There is no question that the evolving cooperative relationships among the free nations of Southeast Asia are consistent with the Charter of the United Nations. There is also no question that these cooperative arrange- ments are crucial to the success of the Vietnamization program and to the whole thrust of the Nixon Doctrine. For the Nixon Doctrine in Southeast Asia means that as friendly nations assume more of the direct burden of the conflict the United States will increase its material assistance so as to help them help each other in defending themselves against a common enemy. Approved For Release 2001/11/16 : CIA2-RDP741300415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 U.S. support for these cooperative efforts is essential if they are to be successful. Finally, subsection (b) of section 515 might create serious security problems by requiring the Executive Branch to disclose to the Congress in advance detailed plans for proposed military operations to be undertaken by friendly foreign governments. Recommendations A. Strike new section 515 en toto; Failing that, strike the word "Laos" which appears on line 22 of page 7 of S.3390, or C. If section 4(3) of S. 3390 (transferring from MSAF to MAP military assistance for Laos and South Vietnam) is struck en toto, then substitute "under the provisions of this Act" for the phrase "under any provision of law" on line 19 of page 7 of S.3390. Previous Congressional Action A. A provision identical to new section 515 was included in the Senate version of the Foreign Assistance Act of 1971 (S.2819). During floor discussion, Senator Stennis obtained the removal of South Vietnam, Cambodia and Burma from the provision and argued for the removal of Laos. Senator Stennis made it clear that the only reason he was not fighting harder for the removal of Laos in the Senate was to avoid a secret session, implying that Laos should and would be removed in conference. Approved For Release 2001/11/16 : CI-RDP741300415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 B. The conference committee deleted the entire section from the Foreign Assistance Act of 1971. Approved For Release 2001/11/16 : ClAiRDP74B00415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 17 "8ge. 515. LmiTATIONS ON A v. uLABILITY OF FUNPS 18 107011! 1U1.1.17%.1 14Y 0 PIUMTION-8.?(a)'.No funds authorized or .19 appropriated under any provision of law shall be made 20 available bll any means by any ollie er, employee, or agency 21 of th,e United Stales Government for the purpose of financing 22 any military operations by 'foreign forces in Laos, North Vietnam, or Thailand outside the borders of the country of the 2,1. government or person receiving such funds unless Congress 25 has II/we/71001q outhori;cd or ,i)ccificoiltri aulhorizo the inak- ing of funds available for such, purpose and designates, the 2 area where military operations financed by such funds may 3 be undertaken outside such borders. 4 "(b) Upon requesting Congress to make any such au- 5 thorization, the President shall provide to Congress a copy of any agl'eeMe'lli proposed to be entered into with ang such gov- 7 ernment or person and the complete details of the proposed 8 military operation. ,Upon such authorization by Congress, the 9 President shall, provide a copy of any such agreement and 10 thereafter of all plans and details of such, operation." Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 Approved For Release. 2,001/11/16 : CIA-RDP74600415R000600080006-8 Ji Al A ti 3. The result was nays 52, as follows [No. 22 Log.] YEA ?28 Allen Aiiott Baker Bennett Brock Buckley Byrd, Va, Byrd, W. V. Cannon Aiken Anderson Bayh Beall Bellmon Bentsen T3oggs Brooke Burdick Case Chiles Church Cooper Cranston IPulbrlant Orifan Harris Hart Cotton Curtis Eagleton Ellender Gambrell Goldwater Gravel nnounced?yeas 26, Cook Dole Domini Eastlan Ervin Fannin 1001-1g Gurney Hansen Hollings NAYS 52 Hatfield Hurnphre Javits Rennedy Long Magnu so Mansfield Mathias McIntyre Metcalf Mondale Montoya Moss Nelson Pacicwood Pastore Pearson Pell NOT VOTIN 20 Jordan, N.C. Jordan, Idaho McClellan Smith Stennis Stevens Talmadge Young Percy Proxinire Randolph Ribleoff Roth Siothe Schweiker .Scott Sparkman Spong Stafford Stevenson Symington Taft woieker Williams . Hartke Hruska Hughes Inouye Jackson McGee McGovern So Mr. DO1VIINICK'S a j ected. Mr. FULBRIGHT. move to reconsider the amendment was rejec Mr. PASTORE. I m tion on the table. The motion to lay agreed to. Mr. CHURCH. Mr. to the desk an amen its immediate considei The PRESIDING amendment will be st The legislative cler On page 32, line 11, 00Q" and insert in lieu t Mr. BYRD of ? President, may we h The PRESIDING ate will be in order. ? Mr. CASE. Mr. Pres ator yield? Mr. CHURCH. Mr. ? to accommodate three ator from New Jers Senator from Arkans and the ,Senator fro STENNIS), I have agr with the consent of t I do not lose my righ Disturbance in th The PRESIDING leries will be in ord Arms will see that is restored. The Chair reeogni' New Jersey. Mr. FULBRIGHT. we have order? . The PRESIDING ate will be in order.' . Miller Mundt Muskie Thurmond Tower Tunney (_IGctiRi t amendment affecting page 34 of the bill, Mr. STENNIS. Mr. President, as 1 have which is at the desk, understood, now, the Senator proposes The PRESIDING OFFICER. The that in section 513 on page 34 of the amendment will be stated. bill,. the words "South Vietnam, Cam- The legislative clerk proceeded to read bodia, and .Burma" be stricken out of the amendment. lines 13 and 14, as they appear. . Mr. CASE. Mr. President, I ask unani- ? Mr. CASE. That is right. . mous consent that further reading of the Mr STENNIS 'That would leave of ? ? amendment be dispensed with, and that course, then, the words "Laos, North . the amendment be printed in the REcono. Vietnam, and Thailand," as they appear The PRESIDING OFFICER. Without now in the bill. ' objection, it is so ordered. And, without - Mr. President, the Senator from New objection, even though the amendment Jersey has correctly stated the under- ? of the Senator from Idaho is the pend- standing that we have had about this ing business, the Senate will proceed to legislation, and we have agreed, for the ? . consider the amendment of the Senator - purpose of this legislative step, that this Vern New Jersey. modification of section 513 will put the ? Mr. CASE'S amendment is as follows: section where it may stay in the bill in , On page 34, lines 13 and 14, strike out that form, and we can move forward with "South Vietnam, North Vietnam, Thailand, the bill without any further amendment Cambodia, or Burma" and insert in lieu being filed or brought up by the Senator , thereof '!North Vietnam, or Thailand", from Mississippi. ? I do make the point, as the Senator Mr. CASE. thank the Senator from has implied, that this is One without Idaho for his consideration, and, pursu- prejudice to a full consideration or the ant to my assurance, I shall delay him .matter in conference, based on the facts only slightly, I am sure there will be no as they may exist at that time. difficulty about this amendment. Mr. President, on page 34 of the bill, Is that the Senator's understanding? Mr. CASE. The Senator has stated the committee added a provision to the ? effect that no funds authorized or appro- correctly what his position is, and the printed under any provision of law should basis on which his agreement not to op- be made available by means of any offi- pose' this amendment or to offer another cer, employee, or agency of the United amendment to this section is based. States to finance military operations by Mr. STENNIS. I thank the Senator, ? foreign forces in six countries?Laos, a endment was re-, ? r. President, ote by which the ed. e to lay that mo- n the table was and I wish to make this further CX 31 na- South Vietnam, North Vietnam, Thai- tion:. I think leaving the word "Laos" land, Cambodia, or Burma? unless Con- in here? Mr. CASE, That is another section. gross specifically authorizes the use of such funds for that purpose; and desig7 Mr. STENNIS. I beg the Senator's ? nates the area where they will be used. pardon? Mr. CASE. I thought the Senator was, I have received from. the chairman of the Armed Services Committee an ex- talking about another section, pression of concern about the breadth Mr. STENNIS, No, I am talking about' of this amendment, and after discus- the same section. I think that leaving the resident, I send sions with him, we have arrived at the word "Laos" in the bill as now written is ent, and ask for understanding that? perhaps a contradiction of a provision. tion. ? Mr. STENNIS. Mr. President, will the on the same subject in the military pro- OFFICER. The Chair maintain order? -I think this is an curement bill we passed 21/2 weeks ago. However, I think that to get all the real ted. important matter, and the Senator ought facts on this matter before the Senate read as follows:? to be heard, in view of a possible agree- n rike out "$565,000,!! ? ment on the floor. now would require a closed session. There .ereof "$452,000,000": The PRESIDING OFFtCER. The Sen- . is hardly time for that now, and I do not think there is any mood for it, either. So' ate will be in order. The Senator will , . ' st Virginia, Mr.' suspend his remarks until order has as an original proposition, and without e order? prejudice, we agreed to let this matter go ?FICER. The Sen- been restored. . . The Senator may proceed. as has already been outlined, and then dent, will the Sen- ? Mr. CASE. Mr. President, the chair- in conference there will be a chance to really consider and discuss any facts - than of the Armed Services Committee, that might be relevant; and I would the distinguished Senator from Missis- , , resident, in order sippi (Mr. STENNIS) and I have dis-7 rest on the decision that is made by the con-re ? Senators, the Sen- (Mr. CASE) the (Mr. FuLsnronT), the number of countries affected by the Mississippi (Mr. amendment as reported by our commit. ed to yield briefly, tee was one that I recognized with re- e Senate, provided spect. Pursuant to an understanding that to the floor. we have arrived at, I now offer this galleries.] ? amendment to ,eliminate from the effect ICER. The Gal-' of the bill three of the six countries, ? The Sergeant at leaving in Laos, North Vietnam, and or in the galleries Thailand. That is the whole amendment. The Senator from Mississippi has been s the Senator from gracious enough to say that while he ? meat with that. ? . ? wants to consider this matter further at The PRESIDING OFFICER. Who' r. President, may a later stage in the 'legislation; for the ' yields time? ? ? ? purposes of the consideration of the bill , Mr. STENNIS. Mr. President, will the ICER, The Sen-- in the Senate at this time, such an Senator yield me 1 minute? . .? ? amendment is satisfactory. . Mn% FULBRIGHT: I yield. The Senator fro .? Nevt Jersey may I want the record to proceed. Approved For.,Re1ease alfivi.ltai,261:97141g6005%50000 1 ? . hda -cussed this matter. His concern about . Under those circumstances, I hope that the modification will be acceptable to the Senate. I have talked with some Senators about supporting my position in this matter, and I now withdraw the re- quest because I believe this meets the situation. Mr. CASE. Mr. President, I yield to . the chairman, if he wishes to make com- ment. Mr. FULBRIGHT. I am in full agree- V Oil ? 5 sider this an important i!'"Mr. CASE. Mr. President, I call up an , Mr. CASE. I am happy to yield. matter and that I am .free to :follow ii-, October 29,AptiVre?ved For RekitM(2,0SIMINGis. up, as is the Senator from New Jersey, of course, or anyone else?the chairman of the committee or anyone else?and get the facts together and get it before the conference. Mr. CASE. The situation is that the matter will be in conference, because the House bill does not contain any provi- sion on this subject. Mr. FULBRIGHT. I yield back the re- mainder of my time. The PRESIDING OFFICER. All time on the amendment has been yielded back. The question is on agreeing to the amendment of the Senator from New Jersey. ?Q The amendment was agreed to. Mr. CHURCH a ressed the Chair. The PRESIDING .$ ICER. The Sen- ator from Idaho, b unanimous consent, yielded to three S ators in order, the first of those Senat rs being the Senator from New Jersey. 4/ Mr. FULBRIGH . Mr. President, un- der the agreement I send an amend- ment to the desk. The PRESIDIN OFFICER. The amendment will be The legislative c rk read as follows: On page 34, line 4 Laos, or South Vie The PRESIDING objection, the am order.- Who yields time? Mr. FULBRIGH minutes. Mr. President, thi circumstance as tl agreement with the sissippi. We have di This involves the re tee on Foreign Rela over military assist Vietnam and Thaila We have agreed Vietnam and Laos land. The Senator fr not disagree, I may ultimately of the in and South Vietnam, premature to put it time. Therefore, by have agreed to this Mr. STENNIS. Mr Senator yield? Mr. FULBRIGHT. tor from Mississippi. Mr. STENNIS. Mr. ator from Arkansas the matter. Thailan and military assista becomes law, will be mittee on Foreign Re that, in the future, j spect to Southeast the Committee on think that while we men are there and t lug on, we ought to because they have to gether. I appreciat position, With that, I am sati tion as modified. The PRESIDING yields time? Mr. FULBRIGHT. I yie strike out the wcmds. lam." Oi'i"ICER. Without dment will be in . I yield myself 2 is exactly the same previous one, by Senator from Mis- cussed this matter. 'xi to the Commit- ions of jurisdiction ce to Laos, South d. strike out South ut to retain Thai-, m Mississippi does y, with the return sdiction over Laos but he thinks it is in this bill at this utual agreement, I edification. President, will the yield to the Sena- resident, the Sen- as correctly stated is left in the bill; e hereafter, if this ndled by the Corn- ations. I am willing risdiction with re- 's, be returned to reign Relations. I are there and our activities are go- eep it where it is, be considered to- the Senator's fled with the sec- FFICER. Who back the re- lAiRMI14300Aria0A600080006-8 acting for the min rity leader? Does the minority leader yie d back the remainder of his time on this endment? Mr. GRIFFIN. I ield back the remain- der of the time. The PRESIDI OkFICER. All time on the amen ent has been yielded back. The question on agreeing to the amendment of t le Senator from Arkansas. --a The amendment agreed to. Mr. FULBRIGH I. Mr. President, I have a technical a endment that does not affect the bill a all, except to clear up a typographical e or. The PRESIDINe OFFICER. The amendment will be s ted. The legislative ole k read as follows: On page 20, line 18, after "1969,", insert the following: "$360,0 ,000 for the fiscal year 1970, and". The PRESIDING IFFICER. Without objection, the amen ent is in order. Who yields time? 'Mr. FULBRIGHT I yield myself 1 minute. Mr. President, this as no effect upon the bill at all. It is mistake, a typo- graphical error, on t part of the staff in preparing the bill. hey did not make many errors, but thi is a hard bill to keep straight. This a endment has no effect on anything sub tantive in the bill. I yield back the relni inder of my time. Mr. GRIFFIN. I yi ld back the time. The PRESIDING aFFICER. All time on the amendment ha been yielded back. The question is on agreeing to the _ amendment of the Seljator from Arkan- sas. 1 The amendment wa4 agreed to. AlVIENDMENTriNO. 7346 OM'. STENNIS. Mr. iresident, I send to the desk an amendment on which we have agreed. I do notithink it will take more than a minute For minute and a naiz. Mr. CHURCH. Mr. no objection, on the qualification. The PRESIDING 0 will state the amendi The legislative cler On page 67, line 7, aft sibilities" insert the foil resident, I have asis of the same FICER. The clerk ent. read as follows: the word "respon- wing words: "with- in the jurisdiction of thee committees", and on line 11, after the wor "information" in- sert the following words:i "within the juris- diction of these committe4s". The PRESIDING OFFICER. Without objection, the amendr4ent is in order. Who yields time? Mr. STENNIS. I yiel ute. Mr. President, this is ment on which we worIed out an agree- ment with the Senator #om Arkansas. It relates to reports being blade by the De- partment of State to tile Committee on Foreign Relations, and Nve are in favor of that. The language w ever, that we thought some items over which t Armed Services has prim These words merely cor that point, and I hope will be adopted. Mr. FULBRIGHT. M mainder of my time. The PRESIDING wish the RECORD to Rairdayeede kekidgeY2004thdi 1 myself 1 min- another amend- so broad, how- would include e Committee on ry jurisdiction. ect and clarify S 17 1:,(1 intention of the co unittee to usurp any jurisdiction of the rmed Services Com- mittee. This amendment clarifies the in- tention of the comnfiittee. I yield back the remainder of my time: Mr. STENNIS. X yield back the re- mainder of my time. The PRESIDIN OFFICER. All time on the amendment has been yielded back. The question is 1 on agreeing to the amendment of the Senator from Mis- sissippi. -The amendrnentl was agreed to. The PRESIDIN OVVICER. In ac- cordance with th previous order, the Chair recognizes tl e Senator from Utah (Mr. Moss), ESTABLISHMENT OF ARCHES NA- TIONAL PARK, UTAH Mr. MOSS. Mr. President, I ask the Chair to lay before the Senate a message from the House. 0 Representatives on S.30. The PRESIDING OFFICER (Mr. ALLEN) laid befoe the Senate the amendment of the souse of Representa- tives to the bill (Si 30) to establish the Arches National Park in the State of Utah, which was to strike out all after the enacting clause and insert: That (a) subject 41 valid existing rights, the lands, waters, andlinterests therein with- in the boundary genOrally depicted on the map entitled '"Bourary Map, Proposed Arches National Pa k, Utah," numbered RPSSC-138-20, 001E Find dated September 1969, are hereby estaiolished as the Arches National Park, herein4fter referred to as the "park"). Such map plan be on file and available for public ireotion in the offices of the National Park ervice, Department of the Interior. , (b) The Arches N4tional Monument is hereby abolished, and ciny funds available for purposes of the monnment shall be avail- able for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by th$ Act shall be admin- istered by the Secretark of the Interior (here- inafter referred to a4 the "Secretary") in accordance with the Taws applicable to the public lands of the United States. SEC. 2. The Secretary is authorized to ac- quire by donation, putchase with donated or appropriated funds, ttansfer from any Fed- eral agency, exchange:or otherwise, the lands and interests in land described in the first section of this Act, e cept that lands or in- terests therein owne ' by the State of Utah, or any political subd vision thereof, may be acquired only with the approval of such State or political subdivision. SEC. 3. Where any 'ederal lands included Within the park are 1;,egally occupied or util- ized on the date of approval of this Act for grazing purposes, pursuant to a lease, per- mit, or license for &fixed term of years is- sued or authorized ly any department, es- tablishment, or agony of the United States, the Secretary of th4 Interior shall permit the persons holding uch grazing privileges or their heirs to co tinue in the exercise thereof during the tet,m of the lease, permit, or license, and one p4riod of renewal there- after. t SEC. 4. Nothing in t is Act shall be con- strued as affecting in ay way any rights of owners and ..operators cattle and sheep e amendment herds, existing on the dat immediately prior to the enactment of this'Act, to trail their ... herds on traditional courscs used by them J. President, . prior to such datiaogqIinent, and to wa- ritIVP41AFM"" adding the fact that ran ss involving such trails and watering Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 AMENDMENT Intended to be proposed by Mr. to S. 3390, a bill to amend the Foreign Assistance Act of 1961, and for other purposes, viz: 1 On page 7, line 15, strike out all of SEC. 4 (5). Approved For Release 2001/11/16 : e1A-RDP741300415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 AMENDMENT Intended to be proposed by Mr. to S. 3390, a bill to amend the Foreign Assistance Act of 1961, and for other purposes, viz: 1. On page 7, line 22, strike "Laos". Approved For Release 2001/11/163: CIA-RDP74600415R000600080006-8 Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8 AMENDMENT Intended to be proposed by Mr. to S. 3390, a bill to amend the Foreign Assistance Act of 1961, and for other purposes, viz: 1. On page 7, lines 18 and 19, strike out "or appropriated under any provision of law" and substitute "under the provisions of this Act." Approved For Release 2001/11/16 :2CIA-RDP74600415R000600080006-8 STATI NTL Approved For Release 2001/11/16 : CIA-RDP741300415R0006001380006-8 THAI IRREGULARS TRANSMITTAL SLIP DATE 12 June 1972 TO: ROOM NO. BUILDING REMARKS: Suggested talking paper concerning Foreign Assistance Act of 1972 restrictions on third country forces. FE is preparing additional material with more specifics re Thai irregulars, if needed. FROM: ROOM NO. BUILDING EXTENSION """.241 I FEB 55 REPLACES FORM 36-8 WHICH MAY BE USED. also given to Braswell on 13 June '72 with draft memo of effects of 515 (47) Approved For Release 2001/11/16 : CIA-RDP74600415R000600080006-8