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)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600080006-8
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• Document Creation Date: December 12, 2016
• Document Release Date: October 17, 2001
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• Content Type: REGULATION

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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.
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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.
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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.
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B. The conference committee deleted the entire section from the
Foreign Assistance Act of 1971.
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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."
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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
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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).
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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".
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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."
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STATI NTL
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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)
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