MEMO TO DON RUMSFELD FROM JACK MARSH

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-263-2-45-8
• Release Decision: RIFLIM
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: January 11, 2017
• Document Release Date: October 8, 2010
• Sequence Number: 45
• Publication Date: April 4, 1975
• Content Type: MEMO

No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
FT COMMCENTER USE ONLY
PRECEDENCE CLASSIFICATION
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No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
 No Objection to Declassification in Full 2010/10/08 : LOC-HAK-263-2-45-8
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WASHINGTON
April 4, 1975
MEMORANDUM FOR: THE PRESIDENT
THROUGH: DON RUMSFELD
FROM: JACK hiAISI~7,.~,y~`'
C/
It has been determined that the reporting requirements of Section 4A (2)
of the War Powers Resolution requiring reporting to the Speaker and the
President Pro Tempore should be observed. They are applicable for the -
reasons set out in the attached draft of a letter accompanying this memo.
Attached are the applicable provisions of the War Powers Resolution.
This report must be made by you to these two Congressional officers
within 48 hours from the time of the incident that invokes the statute.
This occurred at 0400 a.m., EDT, April 3. Therefore, this report
must be filed by you no later than 0400 a.m., April 5. Brent has sent
a similar draft of the attached to Henry at Palm Springs. t'"e will stand
by for your response and suggestions as well as any changes which you
feel should be made in the attached report.
You should be aware that John Finney of the New York Times has the
story of this incident, which apparently involved the USS Durham, and
has made inquiry to the Department of Defense. Defense is awaiting
guidance on how to respond to both the activities of the vessel and your
possible action under the War Powers which were the questions Finney
asked.
The determination of the application of the War Powers is based on the
opinion of the Counsel's Office at: The White House; Defense; and
State. The draft letter is their joint effort.
No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
 No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
. ? btki h t I q
April 4, 1975
Dear Mr. Speaker: .4 CIFALS? ck P/1 U +a "' ? on~a
As you know, last Saturday I directed United States participation
in an international humanitarian relief effort to transport refugees
from Danang and other seaports to safer areas farther south in
Vietnam. The United States has been joined in this humanitarian
effort by a number of other countries who are offering people,
supplies and vessels to assist in this effort. This effort was
undertaken in response to urgent appeals from the Government
of the Republic of Vietnam because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees. This situation has been brought about by large-scale
violations of the Agreement Ending the War and Restoring the
Peace in Vietnam by the North Vietnamese who have been con-
ducting massive attacks on the Northern and Central provinces
of South Vietnam.
In accordance with my desire to keep the Congress fully informed
on this matter, and taking note of the provision of Section 4(a)(2)
of the War Powers Resolution (Public Law 93-148), I wish to report
to you concerning one aspect of United States participation in the
refugee evacuation effort. Because of the large number of refugees
and the overwhelming dimensions of the task, I have ordered U. S.
naval vessels to assist in this effort, including Amphibious Task
Group 76. 8 with 12 embarked helicopters and approximately 700
marines. These naval vessels have been authorized to approach
the coast of South Vietnam to pick up refugees and U. S. nationals,
and transport them to safety. Marines are being detailed to
vessels participating in the rescue mission. The first vessel
entered South Vietnam territorial waters at 0400 a.m. EDT on
April 3, 1975.
No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8,
 No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
SECRET
Although these forces are equipped for combat within the
meaning of Section 4 (a) (2) of Public Law 93-148, their sole
mission is to assist in the evacuation including the maintenance
of order on board the vessels engaged in that task.
As stated above, the purpose of the introduction of United
States naval vessels into Vietnamese waters is to assist in
an international humanitarian effort involving vessels of
several nations, including both military and civilian craft.
The United States' participation in this effort includes the
charter of commercial vessels, .,the use of-military sealift
command vessels with civilian crews, as 4 ell as United
States naval vessels with military crews. This effort is
being undertaken pursuant to the President's constitutional
authority as Commander-in-Chief and Chief Executive in the
conduct of foreign relations and pursuant to the Foreign
Assistance Act of 1961, as amended, which authorizes humani-
tarian assistance to refugees, civilian war casualties and
other persons disadvantaged by hostilities or conditions
relating to hostilities in South Vietnam.
You will appreciate, I am sure, my difficulty in telling you
precisely how long United States forces may be needed in this
effort. Our present estimate, however, is that this operation
may involve the presence of United States naval vessels in
Vietnamese waters for a period of at least several weeks.
No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
 No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8
Public Yaw 93-110 '~.."' ~.-?
CONSULTATION
Sec. 3 . The President in every possible instance shall consult with
Congress before introducing United States Armed Forces into hostili-
ties or into situations where imminent involvement in hostilities is
clearly indicated by the circumstances and after every such introduc-
tion shall consult regularly with the Congress until United States
Armed Forces are no longer engaged in hostilities or have been removed
from such situations.
REPORTING
Sec. 4. (a) In the absence of a declaration of war, in any case in
which United States Armed Forces are introduced --
(1) into hostilities or into situations where imminent involve-
ment in hostilities is clearly indicated by the circumstances:
(2) into the territory, airspace or waters of a foreign nation,
while equipped for combat, except for deployments which relate
solely to supply, replacement, repair, or training of such forces;
or
(3) In numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a foreign
nation;
the President shall submit within 48 hours to the Speaker of the House
of Representatives and to the President pro tempcre of the Senate a
report, in writing, setting forth-
(A) the circumstances necessitating the introduction of United
States Armed Forces;
(B) the constitutional and legislative authority under which
such introduction took place; and,
(C) the estaimted scope and duration of the hostilities or
involvement.
(b) The President shall provide such other information as the
Congress may request in the fulfillment of its constitutional responsi-
bilities with respect to committing the Nation to war and to the use of
United States Armed Forces abroad.
(c) Whenever United States Armed Forces are introduced into
hostilities or into any situation described in subsection (a) of this
section, the President shall, so long as such armed forces continue to be
engaged in such hostilities or situation. report to the Congres periodi-
cally on the status of such hostilities or situation as well as on the
but in no event shall
scope and duration of such hostitlities or situation,
he report to the Congress less often than once every six months.
No Objection to Declassification in Full 2010/10/08: LOC-HAK-263-2-45-8