CONFERENCE REPORT ON H.R. 6096 VIETNAM HUMANITARIAN ASSISTANCE AND EVACUATION ACT OF 1975

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100130008-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 16, 2016
• Document Release Date: April 5, 2005
• Sequence Number: 8
• Publication Date: April 28, 1975
• Content Type: REPORT

L
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94th Congress L
1st Session I
REPORT
1 No. 94-176
CONFERENCE REPORT
ON
H.R. 6096
VIETNAM HUMANITARIAN ASSISTANCE
AND EVACUATION ACT OF 1975
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CONTENTS
Page
Conference report----------------------------------------------------
1
Joint explanatory statement of the committee of conference------------
5
Short title-------------------------------------------------------
5
Funding authorization--------------------------------------------
5
Authorization of use of U.S. Armed Forces for evacuation programs
in Vietnam-----------------------------------------------------
7
Reporting requirements regarding use of Armed Forces in connection
with evacuation of Americans and their dependents--------------
7
Evacuation of foreign nationals-----------------------------------
7
War powers resolution-------------------------------------------
8
Waiver of prohibitions on the use of funds for the use of U.S. Forces
in evacuation--------------------------------------------------
8
Daily withdrawal report-----------------------------------------
9
Withdrawal plan--------------------------------------------------
9
Missing-in-Action report------.------------------------------------
9
Prohibition on assistance-----.------------------------------------
9
Evacuation of deserters from the U.S. military----------------------
10
Rescission of provisions through concurrent resolution------------
10
Delivery of Public Law 480 shipments to Cambodia-----------------
10
Finding of Congress on North Vietnamese and Vietcong violation of
Paris Peace Agreement -------------------------------------------
10
(III)
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.1st Session No. 94-176
VIETNAM HUMANITARIAN ASSISTANCE AND
EVACUATION ACT OF 1975
Mr. MORGAN, from the committee of conference,
submitted the following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 6096) to
authorize funds for humanitarian assistance and evacuation programs
in Vietnam and to clarify restrictions on the availability of funds for
the use of United States Armed Forces in Indochina, and for other
purposes, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows :
That the House recede from its disagreement to the amendment of
the Senate to the text of the bill and agree to the same with an amend-
ment as follows :
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following :
That this Act may be cited as the "Vietnam humanitarian Assistance
and Evacuation Act of 1975".
SFr. 2. Funds hereafter made available under section 36 of the
Foreign Assistance Act of 1974 may be used on such terms and con-
ditions as the President may deem appropriate for humanitarian
assistance to and evacuation programs from South Vietnam without
regard to the provisions of section, 36(a) (1), section 36(a) (6), sec-
tion 38(a) (1), or the third sentence of section 37(b) of such Act and
notwithstanding any other provision of law.
SFc. 3. (a) It is traditional for the American people to be generous
and compassionate in helping the victims of foreign conflicts and dis-
asters. In keeping with. that tradition it shall be the policy of the
United States to provide humanitarian assistance to help relieve the
suffering of refugees and other needy people who are victims of the
conflict in South Vietnam.
(b) Notwithstanding any other provision of law, in addition to
amounts made available under section 2 of this Act, and in addition
to those amounts otherwise available for assistance to South Vietnam,
there are authorized to be appropriated to the President, for the fiscal
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year 1975, to remain available until expended, $150,000,000, under such
terms and conditions as he may determine, to provide humanitarian
assistance to refugees and. other needy people who are victims of the
conflict in South Vietnam.
(c) To insure that the humanitarian assistance provided under this
section is provided to refugees and other needy people who are victims
of the conflict in South Vietnam., such assistance shall be provided, to
the extent feasible, under the direction and control of international
organizations or under the auspices of voluntary relief agencies. To the
extent that such assistance is so provided, it may be furnished onlyy
under the direct supervision and control of representatives of such,
organizations or agencies.
(d) Not less than ninety days after the date of enactment of this
Act and not later than the end of each ninety-day period thereafter, the
President shall transmit to the Speaker of the (louse of Representa-
tives and the Committee on Foreign Relations of the Senate a report
With respect to humanitarian assistance provided under this Act
describing fully and completely-
(1) the amount of each type of humanitarian assistance;
(2) the expected recipients of such assistance;
(1) the names of all organizations and agencies involved in
the distribution of such assistance; and
(4) the means with which such distribution is carried out.
Snc. 4. (a) If the President determines that the use of United
States Armed Forces is necessary to evacuate citizens of the United
States and their dependents from South Vietnam-. the President may,
in accordance with. the provisions of subsection (b), use such Armed
Forces in a number and manner essential to and directly connected
with the protection of such United States citizens and their depend-
ents while they are being evacuated. In the event that such evacuation
cannot be accomplished without involving such Armed Forces in
hostilities or in situations where imminent involvement in hostilities is
clearly indicated by the circumstances, such evacuation shall, if fea-
sible, be accomplished in a single operation. Other than the minimum
number of personnel determined by the President to be essential to
carry on critical functions of the United States mission or to carry
out such evacuation, all such, citizens who are employed by, or in the
service of, the United States, and all such dependents, shall be evacu-
ated as rapidly as possible after the date of enactment of this Act.
(b) I/ the President uses the United States Armed Forces for the
purposes stated in subsection (a) of this section, he shall submit a
report on the use of those forces as required by section 4(a) of the
War Powers Resolution (including the certification required under
subsection (c) o f this section) and shall comply with all other pro-
,isions of that resolution.
(c) In addition to the information required under section 4(a) of
the War Powers Resolution, the President shall also certify pursuant
to subsection (b) o f that section that-
(1) there existed a direct and imminent threat to the lives of
.such, citizens and their dependents; -
(2) every effort was made to terminate the threat to such citi-
zens and their dependents by the use of diplomatic and any other
means available other than use of the Armed Forces; and
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(3) other than such essential personnel, such citizens and their
dependents are being evacuated as rapidly as possible.
SEc. 5. In carrying out the withdrawal of such United States citizens
and their dependents from South Vietnam, pursuant to section 4 of
this Act, the President is authorized to use the United States Armed
Forces to assist in bringing out--
(1) dependents of permanent residents of the United States;
(2) Vietnamese nationals eligible for immigration to the United
States by reason of their family relationship to citizens of the
United States; and
(3) other foreign nationals to whose lives a direct and imminent
threat exists;
if he determines and certifies in writing to the Congress pursuant to
section 4(b) of the War Powers Resolution that-
(A) every effort has been made to terminate the threat to such
persons by the use of diplomatic and any other means available
other than the use of the Armed Forces; and
(B) the number of such United States Armed Forces will not
be required beyond those essential to and directly connected with
the evacuation of citizens of the United States and their depend-
ents; and
(C) the duration of the use of such United States Armed Forces
to hostilities will not thereby be extended; and
(D) such evacuation will be confined to areas where United
States forces are present for the purpose of protecting citizens of
the United States and their dependents while they are being
evacuated.
SEC. 6. The authority contained in this Act is intended to constitute
specific statutory authorization within the meaning of section 8(a,)
of the War Powers Resolution but shall not be considered specific
statutory authorization for purposes of sections 5 (b) and (c) of the
War Powers Resolution.
SFC. 7. Nothing contained in section 839 of Public Law 93-437, sec-
tion 30 of Public Law 93-189, section 806 of Public Law 93-155, sec-
tion 13 of Public Law 93-126, section 108 of Public Law 93-52, or any
other comparable provision of law shall be construed as limiting the
availability of funds for the use of the Armed Forces of the United
States for the evacuation programs authorized by this Act.
SEC. 8. (a) The President shall transmit each day to the Speaker
of the House of Representatives and the Committee on Foreign Rela-
tions of the Senate a report setting forth fully and completely-
(1) the number of citizens of the United States and their de-
pendents who left Vietnam the previous day, including the num-
ber of Embassy personnel and private contract personnel among
such persons;
(2) the number of such persons remaining in South Vietnam;
and
(3) the number of Vietnamese nationals who left South Viet-
nam the previous day with the assistance of the United States.
(b) Such reports shall be transmitted until such date as the Speaker
of the House of Representatives and such committee may direct. The
information may be submitted on a confidential basis if the President
deems it advisable.
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SEc. 9. Not more than four days after the date of enactment of this
Act, the President shall transmit to the Speaker of the House of Rep-
resentatives and the chairmen and ranking minority members of the
Committees on Foreign Relations, Judiciary, and Armed Services of
the Senate a report describing his general plan for the evacuation from
Vietnam of the persons described in sections 4 and .5 of this Act.
SEc. 10. It is the sense of the Congress that as the humanitarian aid
provided under this Act is made available in South Vietnam, the
President is requested to use all appropriate diplomatic means at his
disposal to obtain (1) an updated accounting of Americas listed as
missing in action in Southeast Asia, and (2) the return of the remains
of known American dead. The President is further requested to report
to the Congress within 30 days after aid is made available in South-
east Asia, the diplomatic actions being taken.
SEc. 11. No funds authorized in this Act shall be used, directly or
indirectly, to aid the Democratic Republic of T27etnam (DRV) or the
Proi'isional Revolutionary Government (PRG) nor shall any funds
authorized under this Act be channeled through or administered by
the DRT or the PRG.
And the Senate agree to the same.
THOMAS E. NToRGAN,
CLEMENT J. ZABLOCKI,
WAYNE L. HAYS,
L. H. FOUNTAIN,
I)ANTE FASCELL,
`VII. BROOMFIELD,
EDWARD J. DERWINSKI,
Managers on the, Part of the House.
'1011N SP.1RKMAN,
FRANK ( 'IIURCII,
HUBERT H. HUMPIIREY,
CLIFFORD P. CASE,
.T. JAVITN.
I1UGn SCOTT,
tlfanagers on the Part of the Senate.
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JOINT EXPLANATORY STATEMENT OF, TIIE COMMITTEE
OF CONFERENCE
The managers on the part of the House and the Senate at the con-
ference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill H.R. 6096, the Vietnam Humanitarian Assist-
ance and Evacuation Act of 1975, submit the following joint statement
to the House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report :
The Committee of Conference recommends that the House recede
from its disagreement to the amendment of the Senate to the text of
the bill with an amendment which is a substitute for both the text
of the House bill and the Senate amendment thereto.
Except for clarifying, clerical, and necessary conforming changes,
the differences between the two Houses and the adjustments made in
the committee of conference are noted below.
The House bill contained a short title which cited the Act as the
"Vietnam Humanitarian Assistance and Evacuation Act of 1975".
The Senate amendment contained a short title which cited the Act as
the "Vietnam Contingency Act of 1975".
The Senate receded.
The House bill authorized the appropriation of $150 million for
fiscal year 1975 for humanitarian assistance to and evacuation pro-
grams from South Vietnam. The House version also authorized the use
of Indochina economic aid funds previously authorized under the For-
eign Assistance Act of 1974, for humanitarian purposes without regard
to the restrictions of sections 36 (a) (1), 36 (a) (6), 37 (b) (third sen-
tence) and38(a)(1).
The Senate amendment authorized the appropriation of $100 million
for fiscal year 1975 for humanitarian and withdrawal purposes and
waived all the provisions of sections 36 and 38.
In addition the Senate version established a policy to provide hu-
manitarian aid for war victims throughout all of South Vietnam and
Cambodia, to be provided through channels acceptable to all parties;
and authorized the appropriation of $150 million for fiscal year 1975
for humanitarian assistance to refugees and other victims of the con-
flicts in South Vietnam and Cambodia, to be furnished under the direc-
tion and control of the United Nations or under the auspices of other
international organizations, international agreements, or voluntary
agencies, to be distributed only under the direct supervision and con-
trol of representatives of such organizations and agencies.
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The Senate amendment also required the President to report to the
Congress every 90 days (A) the amount of each type of economic as-
sistance provided under the bill, (B) the expected recipients, (C) the
distributing agencies, and (D) the means of distribution.
The committee of conference agreed to authorize the use of Indo-
china economic aid funds previously authorized under the Foreign
Assistance Act of 1974, but not yet appropriated, for humanitarian
assistance to, and evacuation programs from, South Vietnam without
regard to the fielding limitations set in section 36~(a) (1), section
36(a) (6), section 38(a) (1), or the third sentence of section 37(b) of
such Act.
The committee of conference also agreed to a new authorization of
appropriations of $150 million for humanitarian assistance in South
Vietnam. It is the intent of the committee of conference that funds
made available under this section be available to administer these
humanitarian programs for victims of the conflict, wherever they may
be located.
It is the intention of the conference that such programs be carried
out under the direction and control of international organizations and
voluntary relief agencies, located in the United States and abroad, to
the extent feasible. In order to insure that assistance so provided is
actually delivered to refugees and others in need, the section requires
that the assistance only be furnished under the direct supervision and
control of representatives of the international organizations and vol-
untary agencies. The conferees expect the executive branch to make
every reasonable effort to involve these organizations and agencies
in this humanitarian effort. Finally, the section requires quarterly
reports to the Congress which would describe the amount and nature
of the assistance provided by the Act., the expected recipients, the or-
ganizations and agencies involved in the distribution of the assistance,
and the means by which the assistance is distributed. This reporting
requirement should not be construed to require the imposition of ad-
ditional U.S. Government inspections and audits on the distributing
agencies and organizations, if such requirements would substantially
impede or diminish the involvement of these agencies and organiza-
tions in the programs authorized by this section.
The conferees have deleted the provisions in the Senate bill author-
izing humanitarian assistance to refugees and war victims in Cambodia
and a provision relative to Public Law 480 food assistance to Cambodia
solely because the retention of these provisions of the Senate version
would have subjected the conference report to a point of order under
the House rules. The managers of both the House and Senate are
aware that under existing law food assistance for humanitarian pur-
poses can be supplied to needy people in Cambodia and urge that
executive branch officials give continuing consideration to requests
for food and other assistance from international organizations and
voluntary relief agencies to the extent such assistance may be provided
under existing law. As to Cambodian refugees who have fled from
Cambodia, the conferees expect that the United States will provide
appropriate assistance to those refugees through international or-
ganizations and voluntary agencies through whatever authority and
funds that are available for such purposes, including the Migration and
Refugee Assistance Act.
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There is no funding authorization in this Act for military assistance
programs in South Vietnam.
AUTHORIZATION OF USE OF UNITED STATES ARMED FORCES FOR EVACUATION
PROGRAMS IN VIETNAM
The House bill had no express authorization for the use of U.S.
Armed Forces but defined "evacuation" as one "without the use
of military force, if possible, but should it become necessary and essen-
tial, with the minimum use of necessary force" to remove the categories
described in the House bill.
The Senate amendment authorized the President to use U.S. Armed
Forces to assist in withdrawing Americans and their dependents and
endangered foreign nationals, and placed limitations on the use of
those forces. If feasible, a single operation was required where im-
minent involvement in hostilities was indicated.
The House receded. It is the intention of the Committee of Confer-
ence that references in the conference report to the use of the. U.S.
Armed Forces are not. intended to relate to the normal logistics
and related services which may be performed by the Department of
Defense, using military personnel in anoncombat situation, on a reim-
bursable basis under the Foreign Assistance Act and other laws.
REPORTING REQUIREMENTS REGARDING USE OF ARMED FORCES IN CONNEC-
TION WITH EVACUATION OF AMERICANS AND THEIR DEPENDENTS
The House bill did not refer to the provisions of section 4 of the
War Powers Resolution which require that the President submit re-
ports to the Congress in connection with the introduction of U.S.
combat forces into a foreign country or the introduction of forces into
a situation involving actual or imminent hostilities.
The Senate amendment required that if it is essential to employ the
Armed Forces in withdrawal operations, a report be filed as required
by section 4 of the War Powers Resolution, and that the report
certifies :
1. That a direct and imminent threat exists to the lives of U.S.
citizens and their dependents;
2. That every effort was made to terminate the threat by means
other than the use of forces ; and
3. That, with the exception of essential personnel, such citizens
and their dependents are being evacuated as rapidly as possible.
The House receded.
The House bill authorized the use of minimum necessary force to
evacuate, in addition to American citizens, their dependents, Viet-
namese nationals eligible for immigration to the United States by
reasons of their relationships to American citizens, and other foreign
nationals "to whose lives a direct and imminent threat exists". Mili-
tary force employed for this last purpose may not exceed that neces-
sary to carry out the evacuation of the three categories of persons. The
House bill also stipulated that the authority with respect to the last
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category does not extend to any action of conduct not essential to effec-
tuate and protect the evacution of the persons referred to above.
The Senate amendment authorized the President to use Armed
Forces to assist in bringing out endangered foreign nationals if he
certifies, pursuant to section 4 (b) of the War Powers Resolution, that :
1. Every effort has been made to terminate the threat by other
than military force ;
2. A direct and imminent threat exists to the lives of such
individuals ;
3. The number of American forces used to evacuate foreign na-
tionals will not be greater than those essential to and directly con-
nected with a withdrawal of American citizens;
4. The duration of the use of such forces will not be extended;
and
5. The withdrawal will be confined to areas where U.S. Forces
are present for the purpose of protecting A mericans while they
are being withdrawn.
The conference report adopts the authorities and restrictions pro-
vided in the Senate version but adopts the definition of foreign na-
tionals eligible for evacuation under the. Act which was part of the
I-Louse version.
The House bill stated that nothing in this Act is to be construed in
derogation of the War Powers Resolution or to constitute a specific
authorization for the use of Armed Forces within the meaning of sec-
tions 5 (b) and (c) of such Resolution.
The Senate amendment stated that the authority of this Act is
intended to constitute specific authorization within the meaning of sec-
tion 8 (a) of the War Powers Resolution and is not a specific authoriza-
tion for the purpose of section 5 (c) of such Resolution, and required
the removal of such forces by concurrent resolution if Congress directs.
The conference report provides that the authority contained in the
Act is intended to constitute specific statutory authorization within
the meaning of section 8(a) of the War Powers Resolution but shall
not be considered specific statutory authorization for the purposes of
sections 5 (b) and (c) of the War Powers Resolution. This reference
incorporates the time limitations and termination procedure of section
si(b) of the War Powers Resolution and requires that such forces be
removed by the President if the Congress so directs by concurrent reso-
lution under section 5 (c) of the Resolution.
WAIVER OF PROHIBITIONS ON THE USE OF FUNDS T'OR TIIE USE OF U.S.
FORCES TN EVACUATION
The House bill waived prohibitions on the use of funds for combat
activities in Vietnam, in 5 public laws, section 839 of Public Law 93-
437, section 30 of Public Law 93-189, section 806 of Public Law 93-155,
section 13 of Public Law 93-126, section 108 of Public Law 93-52 and
the precautionary phrase, "or any other comparable provision of law"
to the extent necessary for the evacuation programs authorized in that
bill.
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The Senate amendment waived the same five prohibitions, plus sec-
tion 741 of Public Law 93-238, and section 307 of Public Law 93-50,
"only to the extent necessary" to use U.S. Armed Forces to withdraw
U.S. citizens and their dependents from South Vietnam. The Senate
amendment did not contain the precautionary phrase "or any other
comparable provision of law."
The Senate receded.
The House bill contained no provision requiring a daily withdrawal
report.
The Senate amendment required a daily report to the Speaker and
to the Senate Committee on Foreign Relations, as long as the recipi-
ents desire such reports, on the numbers of Americans and dependents
who left Vietnam the previous day, broken down by government and
private contract personnel. The number remaining in South Vietnam,
and the number of South Vietnamese who left South Vietnam the
previous day with U.S. assistance.
The House receded.
The Senate amendment required the President to submit, within 48
hours of enactment, a report to the Speaker and to the chairman and
ranking minority members of Senate Foreign Relations, Judiciary,
and Armed Services Committees a report describing his general plan
for withdrawal of U.S. citizens and their dependents and for with-
drawal of endangered foreign nationals.
The House bill contained no provision requiring the submission to
the Congress of a withdrawal plan.
The House receded, with an amendment extending the time period
within which a report is required from 48 hours to 4 days.
The House bill contained a sense of the Congress provision request-
ing that, as humanitarian assistance is being made available to South
Vietnam, the President use all appropriate diplomatic means to obtain :
1. An updated accounting of Americans missing in action; and
2. The return of the remains of known American dead.
The House bill further requests that within 30 days after aid is
made available in Southeast Asia, the President report to the Congress
the diplomatic actions being taken.
The Senate amendment contained no comparable provision.
The Senate receded.
The House bill prohibited the use of funds authorized in this Act
to aid, directly or indirectly, the Democratic Republic of Vietnam
(DRV) or the Provisional Revolutionary Government (PRG) or
the channeling or administration of funds by the DRV or the PRG.
The Senate amendment contained no comparable provision.
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The Senate receded, with an understanding that the provision is not
intended to prohibit assistance to refugees and other needy people who
are victims of the conflict located in the territories controlled by these
entities, if such assistance is channeled through and directly admini-
stered by international organizations or private voluntary agencies,
and public facilities (for transportation, etc.) are only used in a
manner that is similar to the common practice of these agencies and
organizations in noncomnnuiist territories.
The House bill contained no provision relating to the evacuation of
deserters from the U.S. military.
The Senate amendment contained a provision which expressed the
sense of Congress that the United States not abandon in Vietnam
deserters from the U.S. military who remain in that country, but
that upon their return to the United States they be turned over to
proper authorities for prosecution in accordance with the law.
The Senate recede(l, with the understanding that the provision
would have been subject to a point of order in the House.
The House bill provided that any provisions of the bill may be
rescinded by the Congress through concurrent resolution.
The Senate amendment contained no comparable provision.
The House receded, because the committee of conference believed
that the safeguards contained in section 6, concerning the War Powers
Resolution, made the provision unnecessary.
The House bill did not contain a provision relating to delivery
of Public Law 480 shipments to Cambodia.
The Senate amendment required Public Law 480 food shipments
scheduled for delivery to Cambodia on or before the date of enactment
of this bill to be delivered to Cambodia through international chan-
nels, provided that the assistance is requested by the Cambodian
Government.
The Senate receded.
PIN DING OF CONGRESS ON N ORTII VIETNAMESE AND VIETCONG VIOLATION
OF PARIS PEACE AGREEMENT
The House bill stated the finding of the Congress that this bill is
made necessary by North Vietnamese and Vietcong military aggression
in flagrant violation of the Paris Peace Agreement.
The Senate amendment contained no comparable provision.
The House receded. The committee of conference believes that a for-
mal assessment of blame could have undesirable consequences with re-
spect to the overall objectives of the Act and, specifically, with respect
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to obtaining information about Americans listed as missing in action
in Southeast Asia and the return of the remains of known American
dead.
THOMAS, E. MORGAN,
CLEMENT J. ZABLOCKI,
WAYNE L. HAYS,
L. H. FOUNTAIN,
DANTE FASCELL,
W~M. BROOMFIELD,
1JDWARD J. DERWINSKI,
Managers on the Part of the House.
JOHN SPARKMAN,
PRANK CHURCH,
HUBERT H. IIUMPHREY,
CLIFFORD P. CASE,
J. K. JAVITS,
HUGH SCOTT,
Managers on the .Part of the Senate.
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