AMENDMENT OF THE FOREIGN MILITARY SALES ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400080063-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 46
• Document Creation Date: December 16, 2016
• Document Release Date: May 17, 2005
• Sequence Number: 63
• Publication Date: June 24, 1970
• Content Type: OPEN

A roved For Relea 220~QQ ? `~ Iqq-RDP72-00337R000400080063-8
S9720 pp FDNG NAL RECORD - SENATE
June 24, 1970
should be consulted on any changes in that ,MENTIMFNT nP+ TtrF Pt' RET.^!,.r Senator will not proceed until we have
status Treaty. of And as I Okinawa was pointed fixed in out the earlier, Treaty of the MILITARY SALES ACT order in the Senate. Senators will please
Peace. ` The Senate continued with a con- do their visiting in the cloakrooms.
My amendment was adopted by the Senate sideration of the bill (H.R. 15628) to The Senator from Colorado may pro-
by a vote of 63-14. Subsequently, in a com- amend the Foreign Military Sales Act. ceed.
munique issued after the meetings between NEWSPAPER REPORTING
President Nixon and Prime Minister Sato, AMENDMENT NO. 706
it was declared that reversion of Okinawa was Mr. MILLER. Mr. President, I call up begin m my y few Mr. ALLOTT.
w remarks Presidoda, y by I re-
conditioned
conditioned on "necessary legislative sup- amendment No. 706 and ask that it be ferring to ethe tWashinn re-
stated. an article in e Washington
Unofficially, I learned from the State De- The PRESIDING OFFICER (Mr. Post of this morning. On page A8, there
partment that my amendment was helpful HARRIS). The amendment will be stated. Tis an article entitled oday; Effect of Action oUn Uncertain." Due
in the negotiations with Japan last Fall. In
my opinion, the amendment' led to the in- The assistant legislative clerk read as In the latter part of that article there
clusion in the communique of the provision follows: is a news report, which I understand
for legislative support. On page 7, beginning with line 1, strike evoked considerable comment on the floor
I assume that the communique means that all through line 2 on page 8. of the Senate earlier today. I am sorry
the proposed change in the status of Okinawa that I was unable to be
will either be submitted to congress as a The language sought to be stricken is present but I
whole, requiring a majority vote in both as follows: was attending a conference committee
Houses, or to the Senate as a treaty change, SEC. 10. (a) No excess defense article may session on the supplemental appropria-
requiring a two-thirds vote in the Senate be given, and no grant of military assistance tions bill.
only. may be made, to a foreign country unless The article reads in part as follows:
I have been doing a good deal of work the country agrees- Sen. Gordon L. Allott (R-Cole.) said ad-
among my Senate colleagues, and I have been (1) to deposit in a special account es- ministration backers might try to force the
surprised to find the extent of the support tablished by that country the following hand of Senate doves by calling up the
in the Senate for maintaining U.S. control of amounts of currency of that country: McGovern-Hatfield "amendment to end the
Okinawa. I am encouraged by the number (A) in the case of any excess defense ar- war" for an early vote. This proposal would
of Senators who agree with me on this point. title to be given to that country, an amount cut off funds for any Indochina involvement
I have discussed the background and atti- equal to 50 per centum of the fair value after Dec. 31, 1970.
tude of the Senate on two representative is- of the article, as determined by the Secre- It is "common talk down on the floor"
sues in defense and foreign affairs: the nu- tary of State, at the time the agreement Allott said at a news conference, that some
clear aircraft carrier force and the island of t., vise +he e,.+, ,
During the early days of our Republic, and early in an attempt to defeat it before its
(B) in the case of a grant of military backers can strengthen their forces. This
when the checks and balances of our federal assistance to be made to that country, an vote has been slated for July or August.
system were undergoing their first test, Presi- amount equal to 50 per centum of each
dent George Washington went to the Senate such grant; and Mr. President, I ask unanimous con-
one day to discuss a treaty with the Southern (2) to make available to the United States sent that the article be printed at this
Indians. Government, for use in paying obligations point in the RECORD.
Historians record that his reception was of the United States in that country and There being no objection, the article
so icy that he vowed "he would be damned in financing international educational and was ordered to be printed in the RECORD,
If he ever went there again." cultural exchange activities in which that
A certain amount of tension between the as follows:
Executive and Legislative branches of the country participates under the programs ,and TONKIN REPEAL ACTION TODAY; EFFECT OF
government is built into our system. It is authorized by c the he Mutual 1Educat 961, iuch :and ACTT ION UNCERTAIN
inevitable, under the terms of the Constitu- tion of Cultural the p special Act of of 1961, por-
tion, and it has not served us badly. e speccial account of that co that country (By Phillip D. Carter)
At the present time, as served us as may be determined, from time to time, by With repeal of the 1964 Gulf of Tonkin
Sette mood e, a have
once seen, skeptical the the President to be necessary for any such resolution headed toward certain passage to-
Sen assertive is in Th ditha is conflict between the use. day, the Senate divided yesterday over the
Administration and the Senate is bound to (b) Section 1415 of the Supplemental An- significance of its coming action.
be somewhat heightened. propriation Act, 1953 (31 U.S.C. 724), shall Administration backers reiterated Presi-
not be applicable to the provisions of this dent Nixon's conviction that repeal would in
I believe that a careful distinction must be section. no way restrict his conduct of the war in
made between the powers of Congress and Indochina. But in a lengthy address, Sen.
those of the President in foreign affairs. The PRESIDING OFFICER (Mr. HAR- J. W. Fulbright (D-Ark.) sharply warned
I feel that the Congress must assert itself Rls). The Chair informs the Senate that that the present timing and context of re-
in the field of foreign policy. I have worked this amendment will be considered under peal might constitute "a legislative sur-
toward that end since coming to the Senate, an order limiting the debate to 4 hours, render of power to the President."
and with some success. ...:._ ._____ .. . _ - _
nut 1 nave never aaviceatea the Senate for from Iowa and the majority leader or bright, "that the war power-the creation
terfering in military tactics. We cannot his designee. of situations making war inevitable-is a
have 100 commanders-in-chief. power to be exercised by the Congress alone."
in For example, I -initially had grave concern Mr. MILLER. Mr. President, I ask As chairman of the Senate Foreign Relations
about having U.S. ground troops in Cam- unanimous consent that I may yield to Committee, Fulbright has strongly backed
bodia, fearing that a commitment to the the Senator from Colorado without los- other efforts to repeal the Tonkin Gulf meas-
Cambodian government might have been ing my right to the floor. ore, passed overwhelmingly in 1964.
made. But President Nixon, in a White House The PRESIDING OFFICER (Mr. HAR- Discussion of the "Tonkin Gulf repealer"
meeting, assured me there was no such com- RIS). Does the Senator wish that time to dominated yesterday's continuing debate over
mitment. come from his time? the Cooper-Church proposal to prevent U.S.
I was assured that the operation was a military involvement in Cambodia after
Mr. MILLER. That is correct. July 1.
temporary military tactic to protect our own The PRESIDING OFFICER (Mr. HAR- Sen. Robert J. Dole (R-Kans.), proposed
forces and that the troops would be with- RIS). Without objection, it is so ordered. the repeal Monday as a surprise amendment
drawn before July 1 at the latest. How much time does the Senator yield to the Cooper-Church In the Senate, we must differentiate be-
tween His action
temporary military tactics on the one to the Senator from Colorado? closely followed passage of another er amend-
hand-and a commitment to guarantee the Mr. MILLER. Mr. President, I yield ment, offered by Sen. Robert C. Byrd (D-
security of a foreign government on the such time as the Senator from Colorado W. Va.), acknowledging the President's right
other. may require. "to protect the lives of United States Armed
The distinction between the role of the The PRESIDING OFFICER. Without Forces wherever deployed." Fulbright said Senate in foreign policy and the duties of objection, it is so ordered. the manner of the two ramendmhe feared that
ents' passage
the President as commander-in-chief, is an May we have order in the ' Senate, would only strengthen presidential war
important one. I believe that if the Senate please. powers at the expense of the legislative
and the President mutually recognize this Mr branch. He went on:
distinction, much of the friction we are now "
. order? . Mr. President, may we
experiencing can be eliminated, and there have order? "What we have done the last two days
by hbe amendment
can be a spirit of cooperation for the good The PRESIDING OFFICER (Mr. HAR- and by hasty action
of the country. RIs). The Senator is quite correct. The is to on adoption h the the Dole am Byrd . .
give the President a clear ar legislative
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 / CIAO--&X .J-00337R000400080063-p, 9719
- ne :'. , 1970 Appr (v.ONGIUSti COi jff~f
in sir wing to a f,reign base involves putting that Department the overwhelming majority
at :east 5,000 men on foreign soil, in addition are -dedicated, conscientious individuals; I
to t-he facility itself. Furthermore, the quality know, too. that many of them are men of
of foreign troops that may be available is great ability.
imknown, and it could be that Army troops ueBut, I I know r the also that whaleyer tmay he reason,
would be required to guard the base.
.s be carrier is a very versatile weapon. Its fact is that our nation in this year of 1970
use is certainly not confined to the so-called finds itself in a most unenviable position.
"brushrire" conflicts, but is adaptable-in- We are the dominant party In the North
deed. is essential-to maintaining our gen- Atlantic Treaty Organization, the purpose of
erai superiority at sea. which is to guarantee the freedom of Europe;
Unless we wish to get out of the seapower we are the dominant party of ANZUS-the
business entirely-and that would be to sur- treaty among Australia, New Zealand, and
render our freedom of action as a nation- the United States; we are the military head
we had better keep modern carriers in our of CENTO-Central Treaty Organization-
fleet. The carrier is capable of holding the Turkey, Iran and Pakistan; we are the doml-
balance of power on the high seas. nant partner In the Southeast Asia Treaty
The carriers' opponents argue that the Organization, one of the prime reasons, ac-
ships are too vulnerable. carding to former Secretary of State, Dean
it must be admitted, of course, that they Rusk, that the United States became in-
can be attacked, just as any other ship can volved in the war in Vietnam: we have guar-
be attacked. But the carrier is the toughest anteed the security of Free China, and, we
of all our ships: not only is it protected by have guaranteed the security of Japan.
As a practical matter, we have become the
its own aircraft and escorts, but it is built to
oliceman of the world
p
,
withstand attack. Can we logically continue In this role
.sometimes opponents of the new aircraft at ould 1a even if we could? /
or not the Navy needs ib carriers. last as the many. we have 300.000 troops In Et pe,
present force level. mostly in West Germany.
is is my view, however, that the issue is
not whether we need 15 carriers, or 12, or to. Twenty-five years after the defea f Ja-
or 8, but whether or not we are going to have pan, we have more than 700.000 litary
a modern Navy. I cannot conceive that the personnel in the Far Pacific, on and and
ea
fleet needs fewer than 4 carriers, and It seems
The question of Okinawa is great sig-
to me evident that these ships should be nificance to our position in Pacific. Oki-
nuclear-powered. _ paws is our most important ngie military
It was widely assumed that this year Con- ?-e United States h had unrestricted
gress would be asked to authorize a fourth use of the island since rid War II. Begin-
nuclear-powered aircraft carrier, the third pin with President enhower, each ad-
of the Nimitz series. But no request for ministration since I 1-until last year-
fund has come from the Administration. A firmly maintained t t the unrestricted use
Perrsonally, I favor r a fourth h carrier. A of Q.S. bases on inawa was vital if the
majority of the Armed Services Committee United States was continue to have obli-
favors such a Ship. oatir.n. In the .est.
taut lacaing a ds cap . '- Sometimes t
istratfon, the funds certainly will not be has been linke
authorized. Even if the Armed Services Com- inst.. linke
a this
usittee were to appro
......._.,,. ?- '---'- States guar
be defeated on the floor of the Senate. of cans., Si
,
impossible to get approval or a fourth w,- the ri
rer this year with no such support. arks h
Therefore, it seems to me tnat ,,nr o,zay Bu
hope for funds for the fourth carrier in the
by t
current fiscal year would be a supplemental
Defense Department appropriation. I under- stn
that a recommendation will be forthcoming
in a few months.
If the recommendation is favorable. there
proval. The opposition is strong enough
block authorization of the ship unless th
ware to the broader area of military
I would like to discuss the question
i /kinawa.
Okinawa. and in fact the whole U
bon in the Far East. Is part of the
Wnrlri War II. which ended a guar
Our role as the defender of the Far ast
has enabled Japan to avoid the burde f re-
armament-less than 1 percent of r Gross
National Product is spent on de se. Thus
she concentrates on expandin d modern-
In defense matters, the ese have got-
ten a free ride. Asa t result, Japan's
present Gross -Nation oduct is over $120
billion, and econom Y. Japan ranks third
in the world, behi only the United States
and the Soviet U n.
While the e treaty with Japan gives
the United rtes unrestricted rights on
Okinawa, 1980 Mutual Security Treaty
provides at our military forces based in
Japan nnot be used without prior con-
sultat with the Japanese Government.
example, when the North Koreans
the U.S.S. Pueblo in 1968, Admiral
could not be sent to the Pueblo was that
approval first must be obtained from the
Japanese Government to use U.S. aircraft
based in Japan, those being the nearest air-
craft available,
The Japanese Government now seeks to
extend such authority to Okinawa.
Whether the United States should con-
tinue to guarantee the freedom of Japan, and
Free China; whether we should continue the
mutual defense arrangements covering the
eight countries signing the Southeast Asia
Treaty; plus the Philippines; plus Australia
and New Zealand; plus Thailand. Laps and
Vietnam, is debatable.
But what Is clear-cut commonsense. in my
judgment, Is that If we are to continue to
guarantee the security of the Asian nations-
and our Government has not advocated
scrapping these commitments-then I say
that It is only logical, sound and respon-
sible that the United States continue to have
the unrestricted use of its greatest base in
to the United States-Japan While I agree that eventually the Ryukyu
In which the United Islands will be returned to Japan, It would
Treat
y
es
.
,rate ,w
ual Security Treaty with Japan try's unrestricted right to use its military
Pike
e 1952 Treaty of Peace with Japan, structure in the Far East, with increased
ation to discuss rever- participation by Japan-if this action would
l
l ob il
ega
l
no
h i
s
the largest of whic
provisions of Article 3 of the 1952 Treaty of Quite the contrary. Surrender of control
Peace. This peace treaty is entirely separate- over Okinawa would only make more difficult
and I want to emphasize that-from the our role In the role Pacific. United States in the
1980 Mutual Defense Treaty with Japan.
_. -
t r
o
izes
ec
r,??
??
~n. The Japanese Gore nmen
d- Important contribution of our Okinawa bases it is of great importance to the American
a , . people-and it is or great importance to the
futile Of the We: t S SCinC.
To state it another way, the Japanese Gov- significant role in the Far East, the con-
-- d St.... to con- tinued unrestricted use of our bases on Oki-
century
the
t
of
ee .,,a safe-,
--
During the past quarter c ury, the tinue to gua an
i nited states has been involy in three continue to guarantee the safety of Okinawa; Last November, the Prime Minister of
oiajor wars, counting World W II. I doubt to continue to spend hundreds of millions of Japan came to Washington to discuss the
fiat any other nation In histor during such dollars on Okinawa-4260 million last year, future of Okinawa, among other Issues.
short period of time, has en ed in three But it Seeks to put restrictions on what the Shortly an amendment whladded to a it dto ore his arrival, I =different major wars. United States can do. rg bill The U.S.. Senate, under the Constitution, Japan wants a veto over any U.S. action be the sense of the Senate that the President
naa a responsibillt , for foreign lie affecting Okinawa. it specifically wants the seek the advice and consent of the Senate
Too often during the past 25oyears. the right to deny to the United States the au- before entering Into an agreement that would
Senate has abdicated Its responsibility in the thority to store nuclear weapons on Okinawa change the status of Okinawa.
held of foreign affairs, relying instead on the and would require prior consultation before It was my feeling that since the Senate in
Department of State. Now I know that within our military forces based there could be used. 1952 ratified the Treaty of Peace, the Senate
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 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400080063-8
S 8130 CONGRESSIONAL RECORD - SENATE
for the direct
1975) now pres
been retained
1811(h) which
loans closed whi
made under the
additional cost to
istrative expenses
expenses, would b
that the aggregate
riod would approxi
We are advised
Budget that there
presentation of this
that its enactment
the program of the Pr
Sincerely,
ing changes would be made in sections
1802(b), 1811(h and 1818(e) to delete sec-
ondary references to the entitlement expira-
0. It is estimated that the
the first year, i.e., admin-
about $5.3 million and
oat for the five year pe-
oposed legislation and
uld be in accord with
sident.
A bill to remove time limitations on the
duration of eligibility f veterans for guar-
anteed and direct loa s
Be it enacted by the Senate and House
of Representatives of t le United States of
America in Congress asse bled, That section
1802(b) of title 38, Uni ed States .sods, is
amended by striking ou the last sentence
SEc. 2. Section 1803 4f title 38, United
States Code, is amends by striking out
subsection (a) and inner ng in lieu thereof
"(a) Any loan to a W Id War II or Ko-
rean conflict veteran, if made for any of
the purposes, and in co pliance with the
provisions, specified in t s chapter is auto-
matically guaranteed by the United States
in an amount not more t an 60 per centum
of the loan if the loan is ade for any of the
purposes specified in sects n 1810 of this title
and not more than 50 er centum of the
loan if the loan is for a y of the purposes
specified in section 1812, 813, or 1814 of this
SEc. 3. Subsection (h) Jof section 1811 of
title 38, United States C de, is amended to
"(h) No loan may be made under this
section to any veteran ter January 31,
1975, except pursuant to commitment is-
sued by the Administrate before such date."
SEC. 4. Section 1818 o title 38, United
States Code, is amended ( ) by striking out
subsection (c); (2) by re signating subsec-
tions (d) and (e) as (c) d (d), respect-
ively; and (3) by amends subsection (e),
as redesignated subsection d) in (2) above,
"(d) Notwithstanding a y of the provi-
sions of this section, a vets an deriving en-
titlement under this section shall not be re-
quired to pay the fee press bed by subsec-
tion (c) and such entitleme t shall include
eligibility for any of the purposes specified
in sections 1813 and 1815, and business loans
under section 1814 of this title, if (1) he de-
rived entitlement to the benefits of this
chapter based on service during World War
II or the Korean conflict, and (2) he has not
used any of his entitlement derived from
such service."
AMEN MENTF4 (7F TNF, MTLT_TA13,y
SALES ?ACT-AMENDMENT NO.
-667--
Mr. BYRD of West Virginia. Mr. Pres-
ident, on last Thursday, the majority
leader asked unanimous consent that,
immediately following the vote on the
Dole amendment on tomorrow; I be rec-
ognized to call up an amendment.
That amendment-which I shall prob-
ably call up on tomorrow, under the
previous order-will be No. 667.
WER TRAINING ACT OF
1969-ADDITIONAL COSPONSORS
OF AMENDMENTS
Mr. JAVITS. Mr.
unanimous consent t
printing, the names of
added as cosponsors of a
635, 636, and 637 to S.
power Training Act of 19
HucIIEs). Without obje
ordered.
making appropriations for
Education for construction
4-year institutions of high
CRANSTON). Without object
ordered.
), and the Sen-
(Mr, SCOTT) be
endments Nos.
838, the Man-
9.
FICER (Mr.
I ask unan-
next print-
or from Mis-
enator from
the Senator
ILLIAMS) be
amendment,
facilities at
education.
NOTICE OF HEARING 014 3828,
H.R. 17711, H.R. 15381, S. 3 3%,. 3904,
S. 3905. AND S. 3906 #
Mr. EAGLETON. Mr. Pr sident, as
chairman of the Fiscal Affai Subcom-
mittee of the Senate Commit ee on the
District of Columbia, I wish to ive notice
of a public hearing to be hel at 12 on
June 8, 1970, in room 6226, N w Senate
Office Building. At the hearin the sub-
committee will hear centime on the
following legislation:
S. 3828 and H.R. 17711, bills t amend
the District of Columbia Cooper tive As-
sociation Act;
H.R. 15381, a bill to amend the istrict
of Columbia Income and Franchise Tax
Act of 1947 with respect to the t Ration
of regulated investment compani s;
And on four bills I am introducing to-
day at the request of the Dist ict of
Columbia government:
S. 3903, a bill to provide add4tional
revenue for the District of Columba},, and
for other purposes;
S. 3904, a bill to authorize the D trict
of Columbia to issue obligations 40 fi-
nance District capital programs, to pro-
vide Federal funds for District of Colum-
bia institutions of higher education, and
for other purposes;
S. 3905, a bill to authorize the Dis rict
of Columbia Council to fix the tes
charged by the District of Columbia or
water and water services and for sanitary
sewer services; and
S. 3906, a bill to authorize the govern-
certain fees.
Individuals and r
Washington, D.C., 20
the hearing record.
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June 2, 19'
June 3, 1970.
, in lieu of personal
PRIVATE INDUS IES ALERT TO
POLLUTION DANGERS
Mr. COTTON, Mr President, at long
last our Nation has awakened to our en-
vironmental proble . There is a wide-
spread feeling that dustry which has
been a substantial fa for in causing pol-
lution is inclined to be indifferent to its
dangers and not pr ared to make the
necessary sacrifices to remedy condi-
tions. This may be t ue in many cases,
but there are outst nding exceptions.
Some private indust ' s were alert to the
dangers of pollution 1 ng before the Gov-
ernment and the pubi c became aware of
them and were pion ers in striving to
avert conditions tha are so alarming
One such instance Is the well-known
pharmaceutical firm o Johnson & John-
son, which has its hea quarters and orig-
inal plant at New Br swick, N.J. Re-
cently my attention w called to a state-
ment entitled "The E rth Is What We
Make It," issued by r. Philip B. Hof-
mann, chairman of a board, which
traces the long strugg ever since 1886
by this corporation der the original
leadership of General Johnson against
pollution and filth in 1 its forms.
I found this message ncouraging and
inspiring. I ask unanim us consent that
it be printed in the REco D.
There being no object on, the message
was ordered to be prince in the RECORD,
as follows:
Tnr EARTH IS WHAT E MAKE IT
Some observations on on environment are
particularly in order on t s April 22, 1970.
These observations far exceed the realm of
interested concern, however
Since Johnson & Johnso was founded on
the banks of the Raritan R ver 84 years ago,
we have sterilized so many roducts essential
to the protection of health nd life that our
desire for clean, wholesom surroundings is
a long-standing preoccupat on.
General Johnson stood s rong for a clean
and wholesome environme t in every sense
of the word. He would neve settle for medim-
ocrity-neither will I.
We are all aware of Joh son & Johnson's
:traditional and unexcelled standards of in-
dustrial environmental cont ol. But let's take
a close look at our record o participation in
protecting three of the mot vital elements
of this earth of ours-our ter, our air, and
WATER QUALITY AN SUPPLY
Johnson & Johnson back d the campaign
for the trunk sewer system with leadership,
money and the film "River At Your Door."
In 1958, after years of ends vor, we saw the
system, which serves par of Union and
Somerset Counties and mot of Middlesex,
built and placed in opera ti n in the lower
 MPP1VVt:U FVI mulCil,C LVVJlVol VO , lriM-rCL/rIL-VVJJIFCVVVIFVVVOVVUJ-O 1 (,~t9)9
e 2, 1970 CONGRESSIONAL RECORD -SENATE O1
e.,ndenined by the general opinion of the cerain veterans to make improvements
,-iviiized world: in Chapter 37 of such title; and for other
Whereas the prohibition of such use has purposes.
('eem declared in Treaties to which the ma- Today, I am submitting, for Senator
,linty of Powers of the u.~orld are Parties; SCHWEIKER and myself-by request-an
cnd amendment to that bill In order to re-
To the end that this prohibition shall be
i:niverswily accepted as a part of Interns- stove time Limitations on the duration of
lional Law, binding alike the conscience and eligibility of veterans for guaranteed anti
he practice of nations; direct loans. On April 16, 1970. the Vet-
Declare: eratis' Administration requested that a
That the High contracting Parties. so far bill to this effect be introduced, and we
they are not already Parties to Treaties are adding the requested provisions to
prohibiting such use, accept this prohibition, S. 3683 which already Contains proposed
d barni!ree co soloois thisal t t ohods of of ds warfare ar arfazthe the use and amendments to chapter 37 of title 38, re-
a
as between tiiemsehes ac- garding home, farm, and business loans,
:u;ree to o be be bound me
urding to the terms of this declaration. by arrangement with the Veterans' Ad-
'the High Contracting Parties will exert ministration in order to include all Ad-
every effort to induce other States to ac- ministration proposals within one bill-
cede to the present Protocol. Such accession S. 3683.
will be notified to the Government of the Theft is presently pending before the
rench natory and acceding nby Powers, tar,aand to all like Veterans' Affairs Subcommittee a bill,
effect cty on n the date of the notification the notiandfication will by the take e t S 3656, which I introduced on March 31
effect
Government of the French Republic. containing In sections 3, 5, and 6 pro-
The present Protocol, of which the French visions accomplishing the same result
and English texts are both authentic, shall as would be achieved by the administra-
be ratified as soon as possible. It shall bear tion amendment we are introducing.
today's date. Mr. President, I ask unanimous con-
The ratifications of the present Protocol sent that there be printed in the RECORD
::hall be addressed to the Government of the at this point the full text of the amend-
French the French deposit Repuofblic, such watch will at once o ment followed by the full text of the
- ratifi cation to each of the ae
signatory and acceding Powers. April 16, 1970. Administration transmit-
The Instruments of ratification of and ac- tal letter and its enclosure.
cession to the present Protocol will remain The PRESIDING OFFICER (Mr. BELL-
deposited in the archives of the Govern- xoN). The amendment will be received
ment of the French Republic. and printed, and will be appropriately re-
The present Protocol will conic into force fered: and, without objection, the
that amendment and other material will be
of for ep deposit ai of f Its torp Power n ratification, ,anndd. and, f ri fro m m date
moment, each Power will be bound as re- printed in the RECORD.
-hich
gards other v. re-
posited heirYratifications. have already de- ferred amendment
Committee one Labor and
In witness whereof the Plenipotentiaries Public Welfare, as follows:
have signed the present Protocol. AMENDMENT No. 672
Done at Geneva in a single copy, the
seventeenth day of June, one Thousand
SECOND SUPPLEMENTAL APPRO-
PRIATIONS BILL, 1970-AMEND-
MENT
AMENDMENT NO. 669
Mr. JAVITS (for himself, Mr. BAKER,
Mr. BROOKE, Mr. CRANSTON, Mr. EAGLE-
TON, Mr. GOODELL, Mr. KENNEDY, Mr.
MONDALE. Mr. MCGOVERN, Mr. NELSON,
Mr. PACKWOOD, Mr. PELL, Mr. W LIAMS
of New Jersey, Mr. SCOTT, Mr. STEVENS,
and Mr. TYDINGS) submitted an amend-
ment. intended to be proposed by them,
jointly, to the bill (H.R. 17399) making
supplemental appropriations for the fis-
cal year ending June 30, 1970, and for
other purposes, which was referred to the
Committee on Appropriations and or-
dered to be printed.
(The remarks of Mr. JAVITS when he
submitted the amendment appear later
in the RECORD under the appropriate
from such service."
On page 4, line 5, strike out "Sec
inert In lieu thereof "SRC. 5".
On page 8. strike out lines 16 through 19,
and insert In lieu thereof the following:
"SRC. 6. Sections 2 and 3 of this Act shall
become effective on the first day of the sec-
ond month following the date of enactment
of this Act, and section 5 shall become effec-
tive on the first day of the third month fol-
lowing the date of enactment of this Act."
The material presented by Mr.
CRANSTON 15 as follows:
VETE'RANS' ADMINISTRATION.
Washington, D.C., April 16. 1970.
lion, SPIRO T. AGNEW,
Presszdent of the Senate,
Washington, D.C.
DEAR MR. PRESIDENT There is transmitted
herewith a draft. of a bill "To remove time
limitations on the duration of eligibility of
veterans for guaranteed and direct loans",
with the request that it be Introduced in
order that it may be considered for enact-
ment.
Prior to July 6. 1961, World War II vet-
erans, as well as Korean veterans, were lim-
ited in their use of VA loan benefits to a
period terminated by a fixed date. This ter-
minal date had been extended several times
so that as to World War II veterans it was
then fixed at July 25, 1962. and as to Korean
conflict veterans at January 31, 1965.
Public Law 87-84, approved July 6, 1961,
established a phase-out formula, gearing the
entitlement period to the length of the vet-
eran's war service and the date of his dis-
charge, with emphasis on those who served
longest and were most recently discharged.
Under the formula, each veteran was given
entitlement of ten yearssfrom of duty fiat -
aration from big last period plus an
included service in the war period, p
additional period of one year for each three
months of active duty performed during the
war or conflict. Under current law (38 U.S.C.
1803), the eligibility of world War II and
Korean conflict veterans cannot extend be-
yond July 25, 1970 and January 31, 1975,
respectively.
The foregoing entitlement formula applies
also to veterans of the post-Korean period
having loan entitlement under section 1818
of title 38, except that the final date within
which the phase-out formula operates for
that group is twenty years from the date of
the veteran's separation from his last period
of active duty.
Terminal dates for the eligibility of World
War 11 veterans have been extended several
times. Extensions have been made at or just
prior to the statutory cut-off dates which has
created a strong climate of uncertainty for
veterans and other program participants. Re-
moval of the phase-out criteria and the group
cut-off dates would eliminate the element
of urgency by veterans in using their eligi-
bility, which becomes critical In periods of
On page 4, between lines 4 and 5. insert
the following:
out the last sentence thereof.
"(b) Section 1803 of Such title is amended
by striking out subsection (a) and inserting
in lieu thereof the following:
'ial Any loan to a World War II or
Korean conflict veteran, if made for any of
the purposes, and in compliance with the
provisions, specified in this chapter is auto-
matically guaranteed by the United States in
an amount not more than 60 per centum of
the loan if the loan is made for any of the
purposes specified In section 1810 of this title
and not more than 50 per centum of the
loan if the loan Is for any of the purposes
specified in section 1812, 1818, or 1814 of this
title'"
(c ; Subsection (h) of section 1811 of such
title is amended to read as follows:
ikon to any veteran after January 31, 1975. Elimination of the delimiting dates on el -
except pursuant to a commitment issued by gibility for the 01 loan program would be In
the Administrator before such date." line with the eligibility criteria for the PHA
I ci i Section 1818 of such title is amended veterans' loan program. Such a change would
(1) by striking out subsection (c); (2) by also simplify the administration
canscouldhejuA
recli'lettatingsubsections idi and (e) as (c) loan programs. Further,
the timing of their home purchases and
ndin
'
g
. by ame
id), respectively; and (3
VA HOME LOANS-AMEND 4IEN I S t e i , as reciesigua.ect subsection mortgage credit needs to coincide with favor-
='u" " `ion
d)in (2) above. to read as follows: able private market conditions, when sellers
AMENDMRNT NO. 672 ?? d i Notwithstanding any of the provi- and lenders are willing to participate in the
loan guaranty program. No veteran would be
Mr. CRANSTON. Mr. President, on lions of this section. S veteran deriving en-
April 7, 1970, I introduced for myself tltlenient under this section shall not be denied use of his entitlement because it had
a required to pay the fee prescribed by sub- expired at a time when guaranteed loans were
min inoritty y men S member r of of the IKER, the Veterans Affairs' r ' section (C) and such entitlement shall in- unavailable'
m m A chide eligibility for any of the purposes ape- Our legislative proposal would amend 38
Subcommittee of which I am chairman- tiled in sections 1813 and 1815. and business U.S.C. 1803(a) to eliminate the basic phase-
by request-S. 3683, a bill to amend title loans under section 1814 of this title. if (1) out criteria and cut-off dates for World War
38 of the United States Code, in order to he derived entitlement to the benefits of 11 and Korean veterans and would make sim-
he who serve after January 318, 1955. Correspond-
Korean ac,,nfii,: , and during (2) World
authoe the Adinistrator to Make ad- this ducational asslsanCe payments to War II or the based
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CONGRESSIONAL RECORD - SENATE S 8127
suits, For example, the effective date of tree becomes final if a claim is filed within Public Weif?r?
same retroactive treatm Nis accorded V Althou h thisay
to a g proposed change is a simple
person disabled b VA medical one, it is vital. I have seen hundreds of sad
treatment or while pursuin vocational cases where veterans missed months of bene-
rehabilitation under chapter ; it is the fits for dependents because they did not
date of the disablement or inj , not of realize they had to file a claim the day the
the application, that governs in OSe in- event occurred in order to get benefits for
stances. And the same is genera true that dependent from the earliest possible
with respect to death compensatio and date.
dependency and indemnity compe a- child, When guyou y is geed him to r or haber a
tion effective on the first of the mont 'n send us a claim that day or even within the
which death occurs if application ther week thereafter? Yet the burden of finan-
for is received within 1 year of death. ci?l support falls on the veteran from the
Finally, the effective date mile in thn date the event occurred.
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That sec-
tion 3013 of title 38, United States Code, is
amended by deleting the period at the end
thereof and inserting the following: "; ex-
cept that the -effective date of an increase
in the award of subsistence allowance under
chapter 31 of this title, or of educational
assistance allowance or training assistance
allowance under chapter 34 of this title, by
reason of marriage or the birth or adoption
of a child, shall be the date of such event
if proof thereof is received within one year
from such marriage, birth or adoption.
ready in section 3012 (b) (2) of title 38, 1lsaaeraie, so that benefits for a new wife ..varU1NbU1c,~ OF
or hild would be payable from the day BILLS
fora reduction of benefits by virtue of the ependencv beean it o ,{ R,
=-wee, .._ ~~~, v, uc i1 of a ae- witim a year of the marriage or birth. Mr. PELL, Mr. President, I ask unani-
pendent. Such a reduction takes effect Pie seriously consider this proposal to
upon the actual disestablishment of the sponsor nd support such a measure. I have mous that, the nMr.
dependency status, not when the VA re- no selfis ends in requesting this. Because the name see of the Senator from Texas ( (Mr:
cefves notice of it. Further examples re- of a physi 1 disability I could not serve in YAREOROUGH) be added as a cosponsor of
retroactive benefits and a strong brief the armed rtes and so I am not a veteran. S. 366, to extend the well-established
I only make is request because I am dedi- concept of the free public school system
for the approach taken in this bill are cated to help g veterans. The inequitable to provide the broadest educational op-
set forth in a December 15, 1969, letter law which no exists rubs my conscience portunities possible to all students as a
to me from VA Adjudicator Robert Cal- every das I se t deprive veterans of bone- matter of right by authorizing the U
vin, writing as a concerned citizen
Mr fits which
y n d due to de
S
nd
.
.
pe
.
ents and
President, I ask unanimous consent that which they deser in the light of other Commissioner of Education to award
full text of this very public spirited ted similar Veterans Ad inistration laws.
the scholarships to undergraduate students
the f printed this ver RECORD public at In sum, please hel to change the law so to enable them to complete 2 academic
letter be in this
point. that benefits for wive and children would years of higher education.
There being no objection, the letter be payable not from th date we receive the The PRESIDING OFFICER (Mr.
claim, but from the d of marriage or CRANSTON). Without objection, it is so
was ordered to be printed in the RECORD, birth, if a claim is filed thin one year of ordered.
as follows: the marriage or birth
.
DECEMBER 15, 1969,
DEAR Sincerely, A concerned tizen, s. 1969,
SIR: I would like to bring to your Mr. PELL. Mr. President, I ask unani-
attention a gross inequity which exists in our Ro RT COLVIN.
law, mO11S consent that, at the next printing,
Mr. CRANSTON. Mr. Presi ent, I wish the name of the Senator from Texas
I am an adjudicator for the Veterans Ad- to point out that the bill I
'
am
ntroduc- (Mr. YARBOROUGH) be added as a co-
ministration. As I administer the VA laws, ing would change the dependen y status sponsor of S, 1969, to amend the Higher
almost daily I see an injustice occur. 38 effective date for GI bill purpo s only Education Act of 1965 to provide for
u
U.S.C., paragraph 3010a provides that bene- and not for disability compensati and
fits for a new wife or child can only be paid poses. Although I fully recognize t par-
from the date we receive a claim for that wife
forlcost uoftinstruction tallowances,s and
or child instead of from the date of marriage sirability of uniformity in these two for other purposes.
or of birth. areas, the Subcommittee on Veter s' The PRESIDING OFFICER (Mr.
Would you consider sponsoring and sup- Affairs, of which I am chairman, has o
porting legislation to change this law so that jurisdiction over the compensation p CRANSTON) . Without objection, it is so
benefits would be payable from the date of gram
ordered.
I wo
ld
.
u
urge, however, that th
marriage or of birth if a claim is received Veterans' Legislation Subcommittee of
within one year of the date of marriage or of the Finance Committee and the House
birth?
Most of our veterans benefits are so pay- Veterans Affairs' Committee, give seri-
able. Some examples from C.F.R. 3.400-3.403 ous consideration to an amendment to
are: section 3010 to change the dependency
1. Death benefits: benefits payable from status effective date across the board, in
first of month of death if a claim is received which event my bill would not be needed.
within one year of the date of death. Mr. President, I ask unanimous con-
2. Posthumous child: benefits payable
from date of birth if claim filed within one sent that the text of the bill be printed
year of date of birth. in the RECORD at this point.
3. Increased pension: payable if claim is The PRESIDING OFFICER (Mr.
received within the same or the succeeding BELLMON). The bill will be received and
year. appropriately referred; and, without ob-
4. Disability compensation: payable from
day following separation from active duty if jection, the bill will be printed in the
claim is received within one year after sepa-
ration ration from service. The bill (S. 3907) to amend section
5. Claims for apportionment: where pay- 3013 of title 38, United States Code, in
ments to vet have been interrupted, appor- order to provide that the effective date
tionment will be effective the day following of any increase in a subsistence or edu-
the date of last payment if a claim is received cational assistance allowance award un-
within one year after that date.
6. Disability or death due to hospitalize- der chapter 31 or 34 of such title, because
Lion: benefits payable from the date the in- of a change in dependency status, shall was
suffere month of dea h dif claimnis the
for an such
received within necessity date
application vif pout the
one year after that date. - timely filed, introduced by Mr.pCRANS-
7. Annulled marriage: death benefits are TON, was received, read twice by its title,
resumable from the date the annunment de- referred to the Committee on Labor and
S. 1993
Mr. CASE. Mr. President, I ask unani-
ous consent that, at the next printing,
or I
%eifpanme of the junior Senator fron
la (Mr. CRANSTON) be added a~
a S
1011~s?r 10f S. 1993, a bill to requin
publ
Ise S re of financial interests b3
top o
ial,T' all three branches of gov.
eel .
The
CRANST\dh t Without objection, it is sc
NG OFFICER (Mraddition of Senator
orderedMr. CRANSTs gs to 21 the number of
Senato
ponsor this bill. All of us
had hothis time committee
hearinge been held on the bill.
At one hairman of the Privi-
quently canceled b cause of lack--of
availability of witness .
Since then the Sena from Michigan
(Mr. HART) and I hav been in touch
with the other sponsors find more than
half, including the majority leader, have
indicated their interest in testifying for
the bill.
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CONGRESSIONAL RECORI3 -SENATE dime :;), 1970
were ordered to lie on the table and to be
Mr. KENNEDY. Mr. esid on be-
half of the Senator fr ashington
t Mr. JACKSON), I ask un nimous con-
sent that, at the next printing, the
names of the Senator from Oklahoma
iMr. HARRIS), the Senator from Mon-
tana (Mr. METCALF), and the Senator
from Texas (Mr. YARBOROUGH., be added
as cosponsors of S. 3354, to amend the
Water Resources Planning Act (79 Stat.
244) to establish a National Land Use
Policy.
The PRESIDING OFFICER (Mr.
BELLMON i.- Without objection, it is so
ordered.
'- :t7RU
Mr. BAKER. Mr. President, I ask
unanimous consent that at the next
printing the names of the Senator from
Oregon (Mr. -PACKWOOD), the Senator
from Illinois (Mr. SMITH), the Senator
from Florida (Mr. GURNEY), the Senator
from New York (Mr. GOODELL 1, the Sen-
ator from Alaska (Mr. STEVENS), the
Senator from South Carolina i Mr. THUR-
MOND), the Senator from Kansas (Mr.
PEARSON). the Senator from Nevada (Mr.
BIBLE), the Senator from New Hamp-
shire (Mr. COTTON), and the Senator
from Virginia Mr. SPONG) be added as
co-sponsors of S. 3760. to establish a
commission to consider a merger of the
transportation regulatory agencies.
The PRESIDING OFFICER (Mr.
BELLMON ' . Without objection, It is so
ordered
-, leas
Mr. BYRD of West Virginia. Mr. Pres-
ident, at the request of the able Senator
from Iowa (Mr. HUGHES), I ask unani-
mous consent that, at thenext printing,
the names of the Senators from Mary-
land (Mr. TYDINGS and Mr. MATHIAS i ,
and the Senator from Washington (Mr.
JACKSON) be added as cosponsors of
S. 3835. to provide a comprehensive Fed-
eral program for prevention and treat-
ment of alcohol abuse and alcoholism.
The PRESIDING OFFICER i Mr.
HUGHES). Without objection, it is so
ordered.
Mr. BAYH submitted an amendment,
intended to be proposed by him, to House
bill 15628, supra, which was ordered to
lie on the table and to be printed.
(The remarks of Mr. BAYH when he
submitted the amendment appear later
in the RECORD under the appropriate
with no harmful effects on the air and water
environments.
This Iii considered decision on the part of
the administration raises a still larger ques-
tion; namely, Should the United States con-
tinue to maintain chemical weapons of this
type In its arsenal?
On November 25, 1969 President Nixon
issued a statement on chemical and biological
defense policies and programs. He announced
that the United States was renouncing the
use of lethal biological agents, weapons, and
all other methods of biological warfare.
He also called for the disposal of our exist-
ing stocks of bacteriological weapons and
asked the Department of Defense to make the
necessary recommendations for their dis-
posal.
Six months have elapsed since the Presi-
dent's statement. However, no public state-
ment has been issued as to the progress of
the disposal of these bacteriological weapons
stockpiles.
President Nixon further announced that
the United States would not use lethal chem-
ical weapons or Incapacitating chemicals
unless they were used against us first.
The President also advised that he would
submit to the Senate. for its advice and con-
sent to ratification, the Geneva protocol of
11121, which prohibits the use in war of
Mr. KENNEDY. Mr. President, on be-
half of the Senator from Alaska (Mr-
GRAVEL) I ask unanimous consent that
an alihendnlent submitted by him and
other Senators to H.R. 15628, be printed.
together with some remarks prepared by
him, in the RECORD at this point.
The PRESIDING OFFICER (Mr. BELL-
MON). The amendment will be received
and printed, and will lie on the table:
and, without objection, the amendment
and other material will be printed in the
RECORD.
The amendment i No. 671, is as
At the end of the bill, add the following of bacteriological methods of warfare.
new section: Mr. President, I ask unanimous consent
?Nrc. 14. No funds authorized or appro- that the Geneva protocol of 1925 be printed
priated pursuant to this or any other law in the RECORD at this point.
may be used to transport chemical munitions Surely six months is long enough to wait
from the Island of Okinawa to the United for the President to act. Therefore, I call
States. Such funds as are necessary for the upon the President to immediately submit
detoxification or destruction of the above the Geneva protocol of 1925 to the Senate for atificat
ext described chemical munitions are hereby au- rose of iour ibac erio ogi his decision toin-
thorized arid shall be used for the detoxifies- p
tion or destruction of chemical munitions elude our chemical warfare agents.
only outside the United States.- I would further suggest that the military
begin the detoxification and disposal of these
The material, presented by Mr. KEN- chemical agents with the nerve gas inven-
NEDY, is as follows: tories in Okinawa.
STATEMENT INTRODUCING GRAVEL AMENDMENT President Nixon stated in his November 25
RE: NERVE GAS LOCATION ISSUE statement, and I quote, "Mankind already
carries In its own hands too many of the
Aidesk skan n GRAVEL. Mr_ amendment to President, I the am bill sending pending g seeds of its own destruction."
the dd President Nixon has the power to order the
before the Senate (H.R. 15f,28) and ask that destruction of these lethal chemical weapons.
it be read. He has not chosen to do so.
Mr. President, I have offered this amend- Yet it is generally recognized that chemi-
Iilent to the Military Sales Act (H R- 15628)
Oecause I oppose any shipment of nerve gas
from the storage depot in Okinawa to Alaska.
..^?z?ait. or the continental United States.
M.tv amendment differs significantly from
'.:::eminent No. 649 to the act proposed by
the distinguished senior Senator from Wash-
ington on May 21 of this year and on which
I am a cosponsor. That amendment would
prohibit the use of funds appropriated tinder
the Military Sales Act for the "transport of
chemical munitions from Okinawa to the
United States."
SENATE RESOLUTION 415-SUBMIS-
SION OF A RESOLUTION URGING
THE PRESIDENT TO CALL UPON
THE SOVIET UNION TO REMOVE
ALL RUSSIAN PERSONNEL FROM
THE UNITED ARAB REPUBLIC
Mr. SCOTT for himself and Mr.
MONDALE) submitted a resolution (S. Res.
415) urging the President to call upon
the Soviet Union to remove all Russian
personnel from the United Arab Repub-
lic, which was referred to the Commit-
tee on Foreign Relations.
(The remarks of Mr. SCOTT when he
Submitted the resolution appear earlier
in the RECORD under the appropriate
heading.)
My amendment does that, but goes an
important step further by requiring the de-
toxtficntion or other destruction of the chem-
(cal munitions now stored in Okinawa at a
location outside the United States. In this
way we would be rid of this particular stock-
pile of nerve gases once and for all. They
cannot he of much priority in our weapons
arsenal if the military itself has proposed to
store them in Oregon or alternatively at
Kodiak, Alaska. It is difficult to imagine just
?io,w this particular stockpile would thereby
add to the defense posture of the Nation
.,.5ten it is located tar from any point of
AI FOREIGN possible usage. riSr:x GASES, AND Of BACTERIOLOGICAL
MILITARY SALES AC - F'UCthe[naore the one-way transport costa OM FT HODS Or S, W~RFARE-SIGNED AT GENEVA,
,: moving the nerve gas it" been estimated
J
46 to 811 million. Add to this the ongoing UNE 17. 1925
AMENDMENTS NOS. e67 AND 668 storage costs in perpetuity and it Is clear The undersigned plenipotentiaries, in the
fir BYRD of West Virginia submitted that the most efficient and least costly course name of their respective Governments:
two amendments intended to be Proposed to follow Is to detoxify and dispose of these Whereas the use in war of asphyxiating,
th the bill Military Sales e28) t, amech tellt its thaththisccan easily be ace mplished l poisonoums erialsror gases,vicesand, hasibeen j g tly
the Foreign. Military SAct. which
cal weapons are tactical in nature and can-
not be used effectively and decisively on a
strategic basis. It is questionable that we
would ever risk the wrath of world public
opinion by employing them merely for tacti-
cal considerations.
In other words, if we ever reached a crisis
situation where chemical weapons might be
considered, it is much more likely that the
decision would be to use other types of
weapons.
Although it is conceivable that some un-
usual strategic situation might call for the
use of a mix of chemical and nuclear weap-
ons, I believe our interests are better served
and the cause of peace strengthened if we
eliminate chemical weapons from our mili-
tary stockpiles.
Therefore. I ask the Senate to support my
amendment to destroy the deadly chemical
warfare gases planned for movement to the
United States from our Okinawa arsenal, and
I urge the President, with our advice and
consent, to implement the spirit of the
Geneva protocol.
PROTOCOL FOR THE PROHIBITION OF THE USE
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S 8172 CONGRESSIONAL RECORD -SENATE June 2, 1970
which had condoned that haphazard
procedure. I wonder whom they were
trying to protect when they criticized
Mr. Mollenhoff.
Nevertheless, I want to express the
hope that whoever holds this position
under this administration or in subse-
quent administrations will insist that
from this day on he will continue the
rules which were laid down by Commis-
sioner Thrower and Mr. Mollenhoff as
they worked them out together, that any
tax return which is examined will be
examined only after a signed request,
stating all the reasons for the request
and making it a matter of record.
I again compliment Mr. Mollenhoff
for the job he has done and extend to
him my very best wishes as he returns
to journalism. I again express the
thought that our Government is losing a
distinguished public servant.
Mr. CURTIS. Mr. President, will t
ORDER OF BUSINESS
The PRESIDING OFFICER. What is
the pleasure of the Senate?
Mr. GRIFFIN. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. CHURCH. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. BAYH. Mr. President, a parlia-
mentary inquiry.
The PRESIDING OFFICER. Does the
Senator wish the unfinished business to
be laid before the Senate?
Mr. CHURCH. Mr. President, I ask
unarimous consent that the unfinished
I believe the Senator from Kansas
voted for the amendment last Decem-
ber-supported by the White House-
which prohibited the sending of ground
troops to Laos or Thailand. He did not
propose then, if my memory serves me
correctly, that the prohibition not be-
come Operative until all U.S. prisoners in
Laos were released. The principle in-
volved here is the same.
I wonder also if the Senator from Kan-
sas wishes to delay the withdrawal from
South Vietnam of the 150,000 troops, as
announced by the President on April 20,
until the prisoners in Cambodia are re-
leased? If he is concerned about keeping
the pressure on the enemy to force the
release of prisoners, it would be logical
for him to seek to delay the departure
of any U.S. troops from Southeast Asia.
Would the Senator consider revising his
amendment along those lines?
The Senate should not endorse the
theory that we should wage war in Cam-
bodia indefinitely in order to try to bring
about the release of U.S. prisoners held
by the enemy. The best way to get U.S.
prisoners released is to reach a political
settlement in Paris.
Earlier this year, the Senate passed
unanimously House Joint Resolution
454, which expressed the concern of the
Congress over the treatment of U.S. pris-
oners of war. and called for their release.
There is no division among us when it
comes to how we all feel about American
prisoners of war-whether in Cambodia,
Laos, or North Vietnam. But prisoners
will not be released under threat of
widening the war. There should be no
illusions about that.
I urge that the amendment offered by
the Senatore shall not preclude the Presl-
itent from taking such action as may be
necessary to protect the lives of United
States forces In South Vietnam, or to facllt-
tate withdrawal of United States forces from
South Vietnam:
Mr. President, Edward S. Corwin, in
his book, "The President--Office and
Powers, 1787-1957," made this state-
ment:
Actually, Congress has never adopted any
leg:rlatlon that would seriously cramp the
style of a president attempting to break the
resistance of an enemy or seeking to assure
the safety of the national forces.
It is my opinion, Mr. President, that
the Cooper-Church amendment, as now
written, would, for the first time in his-
tory, dangerously "cramp" the President
who seeks to "assure the safety" of
American military forests stationed
abroad and to expedite and facilitate
their ultimate withdrawal from South
Vietnam.
Consequently. I have today offeredthis
amendment-No. 669, at, modified-to
the Cooper-Church language, so as to
make it clear that the President, acting
as Commander in Chief, will retain his
full powers to act to "assure the safety"
of our fighting men still stationed in
Southeast Asia.
My amendment. I think, is quite clear
in its intent. It is also quite clear in its
meaning and should require but little
explanation by me today. Before ad-
dressing my remarks to it, however, I
wish to make some comments which I
consider relevant to the subject of the
constitutional powers of the Congress
and the constitutional powers of the
President in relation to this whole mat-
ter and with particular reference to the
Cooper-Church amendment which I seek
to change, in part.
or more than a decade now-and un-
der four Presidents. representing both
political parties-we have been involved.
in varying degrees, in a war in South
Vietnam. Our actual participation. in-
sofar as the loss of American fighting
men is concerned, dates back to March
1965-although our active involvement
began earlier, as I have indicated. Our
heaviest losses occurred during the years
1967 to 1968. In those year:;, we lost 27,-
569 men. American casualties-as well as
those of the enemy-accelerated sharply
during the Tet offensive in January 1968.
In the month of March 1968. President
.Tt.';i;son made his surprise announce-
ment that he would not be a candidate
for re-election, and he announced a halt
to the bombing over most of North Viet-
xntai The peak of American participa-
tion. With respect to total American per-
snnnel involvement, was 543.482 men-
in the month of April 1969.
:' e:aident Nixon, as did President
.u:.t.:,on before him, has made a sincere
to enter into meaningful negotia-
for peace, but, like his predecessor.
ha= met with no measurable success in
thi regard. Meanwhile. Mr. Nixon has
an-ronnced a policy of gradual -with-
dro seal of military personnel, and. in pur-
.-Innnce of that announced policy. has re-
dii, t,d the number of American service-
in Vietnam from 543,482 men in
r\f , i i 1969 to 428,050 men as of yesterday,
June 2, 1970-a total reduction of 115.-
43.: men. Only a lew weeks ago, the Pres-
ident announced that 150,000 additional
men would be withdrawn by the spring
of 1971. President Nixon continues to
support a policy leading to the Vietnam-
ization of the war and to a decrease In
American involvement. This policy has
met with fairly general acceptance
throughout the country, and in the Con-
gress, apparently, if we are to judge by
the diminution of rhetoric regarding the
war in recent months. The President's
April 30 televised announcement con-
cerning the incursion into Cambodia trig-
gered a sharp reaction and a mercurial
escalation of both rhetoric and protests
around the country, and particularly on
some of the college and university
campuses of the Nation.
Here on the Senate floor we are wit-
nessing a renewed and vigorous debate,
which, for some weeks, has been cen-
tered upon the so-called Cooper-Church
amendment to the Foreign Military Sales
Act. H.R. 15628.
Before directing my attention to the
Cooper-Church amendment, I wish
briefly to state the position I have main-
tained during the years of American in-
volvement in South Vietnam. Through-
out my service in the Senate-the begin-
ning of which service antedates the start
of direct American participation in the
fighting-I have said very little on the
Senate floor or in West Virginia or any-
where else concerning the war in South
Vietnam. I have considered myself nei-
ther "hawk" nor "dove," to use the com-
mon labels. I have, however, supported
all appropriations bills providing for the
support, the equiping, and the pay of
American servicemen in Vietnam. If this
makes me a "hawk," it would also char-
acterize practically every sitting Senator
as a "hawk" inasmuch as those Senators
who have opposed appropriations for the
conduct of the war can be numbered on
the fingers of one hand, and at least two
of these Senators were defeated in sub-
sequent elections.
In supporting appropriations for the
war in Vietnam, I have taken the posi-
tion-and most. Senators have apparently
viewed the matter likewise-that as long
as our country sends men to fight in a
foreign land, we ought not be niggardly
in appropriating adequate funds for
clothing, military pay, ammunition,
weapons, and other military hardware,
because the least we can do in fulfilling
our duty to those fighting men is to pro-
vide them with the kind of financial and
military support that will enable them
to fulfill their military responsibilities
and to return home safely.
As to whether or not our country was
right in becoming involved, perhaps only
future historians will be able to render
an objective and fair judgment. It was
the view of our leaders-meaning the
Chief Executive and his military and
civilian advisers-in the previous admin-
istrations of Presidents Eisenhower,
Kennedy, and Johnson, and now under
the administration of President Nixon,
that it was in America's best interest
that South Vietnam not be taken over by
the Communists. Our Government took
the position that if South Vietnam were
to fall to the Communists, then all of
Southeast Asia could, and probably
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"Resolved, That the numbering system
adopted be in conformance with data proc-
essing uirements of the National Crime
t n Center and similar law enforce-
t Informs,
ment data processing facilities; and be it
"Resolved, That the Chief Clerk of the As-
sembly transmit copies of this resolution to
the President and Vice President of the
United States, t the Speaker of the House
of Representativ to each Senator and Rep-
resentative from lifornia in the Congress
of the United Sta , to the United States
Attorney General, the Secretary of Com-
merce, to the Secre of Transportation,
and to the attorney g eral of each state."
A joint resolution of he Legislature of the
State of California; t the Committee on
"ASSEMBLY JOINT RE LUTION No. 21
"Relative to flood contro projects on the
San Joaquin-Kings Ri er Interstream
"Whereas, During the men "s of January
and February, 1969, Fresno C unty experi-
enced record rainfall which pro uced heavy
runoff into the streams of the Sa Joaquin-
Kings River Interstream Group, r ulting in
largely uncontrolled flows into th Fresno
Clovis metropolitan area, as well other
urban and farming areas, the Cou ty of
suited in millions of dollars of damage in
Fresno-Clovis metropolitan area, and
Fresno County a disaster area by reason or
the severity of the flooding and the resulting
damage; and
"Whereas, It is necessary that dams and
other facilities be constructed upon the
streams in the San Joaquin-Kings River In-
terstream Group to control such floodwaters
during periods of extreme rainful, so as to
avoid a repetition of disastrous floods in the
future; and
"Whereas, Congress has made available
funds for the conduct of studies by the U.S.
Army Corps of Engineers on the need for
flood control projects on the San Joaquin-
Kings River Interstream Group, but the
President has refused to release funds for the
conduct of such studies during this fiscal
year; and
"Whereas, Due to the urgent need for
flood control projects on the San Joaquin-
Kings River Interstream Group together
with rapidly rising costs, the public interest
requires that such studies concerning flood
control needs be undertaken at the earliest
possible time; now, therefore, be it
`Resolved by the Assembly and Senate of
the State of California,.. jointly, That the
Legislature of the State of California respect-
fully memorializes the President and the
Congress of the United States to release for
immediate expenditure funds available for
the conduct of studies by the U.S. Army
Corps of Engineers on the need for flood con-
trol projects on the San Joaquin-Kings River
Interstream Group; and be it further
"Resolved, by the Assembly and Senate of
the State of California, jointly, That the
Legislature of the State of California re-
spectfully memorializes the President and the
Congress of the United States to release for
immediate expenditure funds available for
the conduct of studies by the U.S. Army
Corps of Engineers on the need for flood con-
trol projects on the San Joaquin-Kings
River Interstream Group; and be it further
"Resolved, That the Chief Clerk of the As-
sembly transmit copies of this resolution to
the President and Vice President of the
United States, to the Speaker of the House
of Representatives, and to each Senator and
Representative from California in the Con-
gress of the United States."
A Senate concurrent resolution of the
Legislature of the State of Louisiana; to the
Committee on Commerce:
"S. CON. RES. 27
"A concurrent resolution to .urge Congress
to take favorable action on H.R. 16933,
which will exempt the riverboat Delta
Queen from the restrictions of the Safety
at Sea law, thereby enabling this pictur-
esque reminder of bygone days to continue
to cruise the Mississippi, Ohio and Ten-
nessee Rivers
"Whereas, the Safety at Sea Law enacted
by Congress in 1966 sets ship construction
standards for vessels carrying over fifty over-
night passengers and Congress has exempted
the riverboat Delta Queen from the provi-
sions thereof but said exemption will soon
expire and unless affirmative action is taken
to exempt the Delta Queen from the Safety
at Sea Law, she will be retired from service
in November, 1970; and
"Whereas, the Delta Queen is the only re-
maining riverboat that cruises the Missis-
sippi, Ohio and Tennessee Rivers, and is
the source of fond nostalgic memories for
those who remember the glorious days of
river travel, and also serves as an example
of our historic past and American heritage
to the younger generation; and
"Whereas, this vessel is solidly constructed,
composed of a steel hull and a superstruc-
ture containing fine woods of oak, mahogany,
teak, walnut and ironwood, and this vessel
is equipped with modern safety devices, and
in fact, in her forty-two years of service has
never been involved in a serious accident;
and
"Whereas, the continued operation of the
elta Queen will promote and encourage
t rism in this state since the vessel makes
Ind than one stop in this state, and af-
ford passengers who would not otherwise
come to this state the opportunity to view
the sce c wonders of the state of Louisiana;
"Where it is within the power of Con-
gress to pre rve this living museum so that
future genera ons will have the benefit and
joy of seeing an riding on the last real over-
night steamboat America.
"Therefore, be it esolved by the Senate of
the Legislature of a state of Louisiana,
the House of Repres tatives thereof con-
curring, that the Co ess of the United
States is hereby respec lly urged and re-
quested to take favorable a Lion to enact into
law H.R. 16933, or similar legislation pro-
posed in the Congress to ex pt the Delta
Queen from the Safety at Se Law thereby
enabling this vessel to continue the Amer-
"Be it further resolved that cop of this
Resolution shall be transmitted to a pre-
siding officers of the two houses of th Con-
gress, to the Chairman of the House er-
chant Marine & Fisheries, to the Chair an
of the Senate Commerce Committee and to
each member of the Louisiana Delegation
Congress.
"Lieutenant Governor and President of
the Senate.
"JOHN S. GARRETT,
"Speaker of the House of Representa-
tives."
A resolution adopted by the City Council
of the City of Philadelphia, memorializing
the President of the United States to author-
ize the immediate and safe withdrawal of all
American forces from Southeast Asia; to the
Committee on Foreign Relations.
A letter in the nature of a petition from
the Kelly United Methodist Church, Park
Manor, Chicago, Ill., praying for the en-
actment of legislation declaring that each
January 15, the birthday of Dr. Martin
Luther King, Jr., shall be a national holiday
in honor and memory of Dr. King; to the
Committee on the Judiciary.
POSTAL REORGANIZATION ACT-
REPORT OF A COMMITTEE-
SUPPLEMENTAL AND INDIVIDU-
AL VIEWS (S. REPT. NO. 91-912)
Mr. McGEE. Mr. President, from the
Committee on Post Office and Civil Serv-
ice, I report favorably, with. an amend-
ment, the bill (S. 3842) to improve and
modernize the postal service, and to es-
tablish the U.S. postal service. I ask
unanimous consent that the report be
printed, together with the supplemental
views of the Senator from Indiana (Mr.
HARTKE) and individual views of the Sen-
ator from Texas (Mr. YARBOROUGH).
The ACTING PRESIDENT pro tem-
pore (Mr. EAGLETON). The report will be
received and the bill will be placed on
the calendar; and, without objection, the
report will be printed, as requested by
the Senator from Wyoming.
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. JORDAN of North Carolina, from
the Committee on Agriculture and Forestry,
without amendment:
H.R. 14306. An act to amend the tobacco
marketing provisions of the Agricultural Ad-
justment Act of 1938, as amended (Rept. No.
91-913).
By Mr. McGEE, from the Committee on
Post Office and Civil Service, with amend-
ments:
H.R.14300. An act to amend title 44,
United States Code, to facilitate the dis-
posal of Government records without suffi-
cient value to warrant their continued pres-
ervation, to abolish the Joint Committee on
the Disposition of Executive Papers, and for
other purposes (Rept. No. 91-914).
BILLS INTRODUCED
Bills were introduced, read the first
time and, by unanimous consent, the
second time, and referred as follows:
By Mr. McGOVERN:
S. 3912. A bill for the relief of Doan Huu
Khan, Nguyen Kim Lan, Doan Kim Bao; to
the Committee on the Judiciary.
By Mr. INOUYE:
3.3913. A bill to amend title 10, United
States Code, to establish the authorized
strength of the Naval Reserve in officers in
the Judge Advocate General's Corps In the
grade of rear admiral, and for other pur-
poses; to the Committee on Armed Services.
S. 3914. A bill for the relief of Satya Har-
yadi Pudjanegara; to the Committee on the
Judiciary.
(The remarks of Mr. INOUYE when he intro-
duced S. 3913 appear later in the RECORD
By Mr. CURTIS:
3915. A bill to amend the Public Works
an Economic Development Act of 1965 to
aut size the Secretary of Commerce to des-
igns areas in which there has been a loss
of pop aation as redevelopment areas; to the
Commie Public Works.
(The s of Mr. CURTIS when he in-
troduceill appear later in the RECORD
under tropriate heading.)
YDINGS (for himself and Mr.
):
S. 39il to improve judicial machin-
ery by in for the appointm ent of a
circuit ive r each judicial circuit; to
the Coon t e Judiciary.
(The s of I. TYDINGS when he in-
troducbill app r later in the RECORD
under tropriate ading. )
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Jane .1, 1970 CONGRESSIONAL RECORD-SENATE 58225
.'inch we sympathize-that Congress b.? more
involved in foreign policy. What is needed
e the type of Congressional-Executive con-
station that helped prevent an Indochina
ewedition in support of the Preach during
ne Eisenhower years. But It is not a matter
writing a law but of building an on-
-.;?eing process :a specific piece of legislation
important only to the extent It helps build
lie basis for a continuing process. As it now
':ands. casting an ambiguous shadow both
.1 the President's powers as Commander in
a'Met and on the Nixon doctrine of U.S.
iistance for self-help. the Cooper-Church
::uteodment will not build but undermine
.le process.
Yet it could conceivably be turned into
_-irmething else if the Senate and the Ad-
eninistration can work together to clarify
=vhat it says about the Commander in Chief's
powers and to remove the sleeper section. III
.he process of working out those problems,
perhaps the two branches could make a small
.start toward the trust. understanding and
cooperation necessary to truly meaningful
rcrnsultation on future policy.
.A.`.'ENDi1IENT NO. 657
Mr. BYRD of West Virginia- Mr. Pres-
1det all up my amendment No. 667
and ask for its immediate consideration.
The PRESIDING OFFICER, The
amendment will be stated.
The ASSISTANT LEGISLATIVE CLERK. The
Senator from West Virginia (Mr. BYRD)
proposes an amendment as follows:
On page 5. line 7, before the semicolon
insert a comma and the following: "except
that the foregoing provisions of this clause
shall not preclude the President from taking
such action as may be necessary to protect
Liie lives of United States forces in South
Vietnam or to hasten the withdrawal of
united states forces from South Vietnam".
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. BYRD of West Virginia. Mr. Pres-
ident, without relinquishing my right to
the floor, I yield to the able assistant
Republican leader, the Senator from
Michigan (Mr. GRIFFIN).
Mr. GRIFFIN. Mr. President, I shall
take only a moment to commend the
Senator from West Virginia for offering
his amendment. I have examined it very
carefully.
Mr. NELSON. Mr. President, nlav we
have order? Senators cannot hear.
The PRESIDING OFFICER. The Sen-
ate will be in order. The Senator from
Michigan may proceed.
ADDI`IION OF COSPONSOR
Mr. GRIFFIN. I intend to support it.
At this time. I ask if the Senator from
West Virginia will kindly permit my
name to be added as a cosponsor of his
amendment.
Mr BYRD of West Virginia. Mr Pres-
ident. I would be highly favored to have
the cosponsorship of the Senator from
Michigan. and I ask unanimous consent
asst his name be added as a cosponsor
of the amendment-
The PRESIDING OFFICER, Without
objection, it is so ordered.
()ILDER FOR THE TRANSACTION OF
ROUTINE MORNING BUSINESS
'eIr. BYRD of West Virginia. Mr. Presi-
irnt. I ask unanimous consent that the
pending amendment be temporarily laid
a..ide until after the joint meeting of the
t?~o Houses; that there be a period for
the transaction of routine morning busi-
ness from now until the Senate recesses
to go in a body to the Hall of the House
of Representatives, with statements
therein limited to 3 minutes: and that
following the reconvening of the Senate
after the joint meeting, I be recognized
immediately.
The PRESIDING OFFICER. If there
be no objection to the several requests
of the Senator from West Virginia, it is
so ordered.
MESSAGES FROM THE PRESIDENT-
APPROVAL OF BILLS
Messages in writing from the President
of the United States were communicated
to the Senate by Mr. Leonard, one of his
secretaries, and he announced that on
May 28, 1970, the President had ap-
proved and signed the following acts:
S. 19. An act to reimburse certain persons
IOr amounts contributed to the Department
ut the interior.
S. 1934. An act for ,he relief of Michel M.
Goutmaun.
EXECUTIVE MESSAGE REFERRED
As in executive session, the Acting
President pro tempore (Mr. EAGLETON)
laid before the Senate a message from
the President of the United States sub-
mitting sundry nominations, which were
referred to the Committee on Armed
Services.
(For nominations this day received.
see the end of Senate proceedings.)
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENTS, ETC.
The ACTING PRESIDENT pro tem-
pore (Mr. EAGLETON) laid before the
Senate the following letters, which were
referred as indicated:
PROPosF:r AMENDMENTS To THE. BvDGor FOR
FISCAL YEAR 1971
(S. Doc. 91-88)
A conir iunication from the President of
the United states, transmitting an amend-
ment to the budget for fiscal year 1971 in the
amount of $800,000 for the Office of Emer-
gency Preparedness with an accompanying
paper] ; to the Committee on Appropriations,
and ordered to be printed.
1 EPo RT 'es PROeosm FAcrarrrss PROJECTS FOR
tFnn ARMY RESERVE
A letter from the Deputy Assistant Secre-
tary of Defense (Installations and Housing),
transmitting, pursuant to law, a report on
the location, nature, and estimated cost of
certain ractiittes projects proposed to be
undertaken for the Army Reserve subsequent
to June :30. 1970 (with an accompanying re-
port i : to the Committee on Armed Services.
REPO?( ox DISBURSEMENTS OF :IMALI.
ficsINESs ADMINISTRATION
A letter from the Administrator. Small
Business Administration, reporting, pursu-
ant to law. on disbursements made by the
Administration; to the Committee on Bank-
mg and currency.
Q-PORT OF PROJECT PROPOSAL FROM rHF. Roy
WATER CONSERVANCY BURDr$TRI('r OF Roy.
UTAH
A letter from the Assistant Secretary of
the Interior. reporting pursuant to law, the
application for a loan in the amount of
$4.845.000 from the Roy Water Conservancy
Subdistrir-t of Roy, Utah; to the Commit-
tee on Interior and Insular Affairs.
TE.".IPORARY ADMISSION INTO THE UNITED
STATES OF CERTAIN ALIENS
A letter from the Commissioner, Immi-
gration and Naturalization Service, Depart-
ent of Justice, transmitting, pursuant to
l maw, copies of orders entered granting tem-
porary admission into the United States of
certain aliens (with accompanying papers(;
to the Committee on the Judiciary.
THIRD PRFF'EREN('E AND SIXTH PREFERENCE
CLASIFICATIONS FOR CERTAIN ALIENS
A letter from the Commissioner, Immigra-
tion and Naturalization Service, Department
nfTtistiee, transmitting, pursuant to law, re-
ports relating to third preference and sixth
preference classifications for certain aliens
(with accompanying papers); to the Com-
mittee on the Judiciary.
SCSPENSION OF DEPORTATION OF CERTAIN
ALIENS
A letter from the Commissioner. Immigra-
tion and Naturalization Service, Department
or Justice, transmitting, pursuant to law,
copies of orders suspending deportation of
certain aliens, together with a statement of
the facts and pertinent provisions of law
pertaining to each alien, and the reasons
for ordering such suspension (with accom-
panying papers) : to the Committee on the
Judiciary.
REPORTS OF THE PROCEEDINGS OF THE JUDI-
tIAt t;ONFEREN('E OF THE UNITED STATES.
1969, AND ANNUAL REPORT OF THE DIRECTOR
OF THE ADMINISTRATIVE OFFICE OF THE U.S.
COURTS. 1969
A letter from the Acting Director, Admin-
istrative Office of the U.S. Courts, trans-
mitting, pursuant to law, a report of the
proceedings of the Judicial Conference of
the United States, 1969, and the annual re-
port of the Director of the Administrative
Office of the U.S. Courts, 1969 (with accom-
panying reports): to the Committee on the
Judiciary.
PETITIONS
Petitions were laid before the Senate
and referred as indicated:
By the ACTING; PRESIDENT pro tern-
pore (Mr. EAGLETON) :
A joint resolution of the Legislature of the
Mate of California: to the Committee on
Commerce :
'ASSEMBLY Joisr RESOLUTION No. 14
"Relative to motor vehicle license plates
"Whereas. The law enforcement agencies
of California and other states are increas-
ingly faced with the problem of theft and
misuse of automobile license plates; and
"Whereas, Law enforcement agencies rely
greatly on license plates for identification of
motor vehicles; and
"Whereas. The present method of each state
manufacturing it separate metal license
plate, with appropriate validation devices,
most of which are readily detachable from
the vehicle, compounds. in the opinion of
most law enforcement executives, the prob-
lems of theft and misuse; now, therefore,
be It
`Resolred by the Assernbly and Senate of
the Stafe of California, jointly, That the
Legislature of the State of California re-
spectfully memorializes the President and
Congress of the United States to direct an
appropriate agency of the federal govern-
ment, or form an acl hoc body, to study the
feasibility of adopting a permanent number-
ing device, in the general size and shape as
.lie current aulndardized motor vehicle li-
cense plate. to be permanently affixed to all
motor vehicles manufactured for domestic
use in the United States, with provision for
validation by the several states to satisfy
their licensing and registration statutes; and
be it further
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June 3, 1970 CONGRESSIONAL RECORD -SENATE
Senate at least to express its will to the
end that there will be no further sudden
invasions with their additional casual-
ties and costs, as was the case in Cam-
bodia some weeks ago.
I hope that the pending amendment
to the Church-Cooper amendment will
be rejected.
Mr. CHURCH. Mr. President, how
much time remains?
The PRESIDING OFFICER. The Sen-
ator from Idaho has 3 mnuites remain-
ing. The proponents of the amendment
have 9 minutes remaining. .
Mr. CHURCH. Mr. President, I un-
derstand that the Senator from Kansas
would like to make a final argument on
behalf of his amendment. At this time
I yield myself such time as I may re-
quire.
The PRESIDING OFFICER. The
Senator from Idaho is recognized.
Mr. CHURCH. Mr. President, a false
issue is being raised in this debate. No
one is questioning the right of the Presi-
dent of the United States, acting as Com-
mander in Chief, to go to the rescue of
captured Americans if he feels a quick
surprise rescue operation is feasible. The
rights he possesses under the Constitu-
tion, as Commander in Chief, cannot be
compromised by Congress. It is, there-
fore, unfair to assert that Americans
who may be captured in Cambodia might
somehow suffer if this amendment is
rejected. That is a false issue.
The truth is that the President him-
self set the limits on the Cambodian
operation. He himself said American
forces would not penetrate into Cam-
bodia more than 21.7 miles. He himself
said these forces will be withdrawn by
the end of June.
.If we were to agree to the amendment
offered by the Senator from Kansas, the
Senate would be exceeding the limits set
on the Cambodian operation by the
President himself. We would be author-
izing him, despite his own limitations, to
retain American forces in Cambodia in-
definitely as long as he made a finding
that American prisoners of war re-
mained in this country.
Mr. President, if this amendment were
agreed to, President Nixon would never
invoke it. To invoke it, would be to re-
pudiate his own Cambodian policy. More-
over, if he were ever to invoke it, it would
not be to serve the best interests of
American prisoners of war. By prolong-
ing our occupation of Cambodian:' ter-
ritory, he would be increasing, rather
than reducing the number of Americans
captured by the enemy and made pris-
oners of war.
If the Senate wants to serve the best
interests of American priso ers of war,
we should comply with t policy the
President himself set dow . It is, thus,
incumbent upon us to vote against the
amendment offered by th Senator from
Kansas. I trust that the enate will re-
ject the amendment.
Mr. MUSKIE. Mr. President, by no
means the least gri ous aspect of the
war in Vietnam is the, inhumane treat-
ment of American' prisoners of war by
the North Vietnamese. Such treatment,
and the continued refusal by the North
Vietnamese to even identify those pris-
oners they are holding, is intolerable and
offensive to the civilized conscience.
It is equally inexcusable for us to at-
tempt to play politics with the feelings of
anguish and despair of those related to
American servicemen either missing in
action or being held as prisoners of war.
Such would be the effect of the Dole
amendment, No. 662, to the Foreign Mil-
itary Sales Act.
This amendment is irrelevant both to
the substance of the Cooper-Church
amendment and, more importantly, to
our future success in negotiating the
release of American prisoners of war.
It is an obvious attempt to eradicate
any meaning which the Cooper-Church
amendment might have.
I am troubled, as we all are, over the
POW situation, and I recognize the need
to focus concern on this issue. But I will
not support a proposal which plays on
the emotions of the many Americans
deeply concerned over this tragic situa-
tion for the stated purpose of freeing the
President's hands to continue our in-
volvement in Cambodia.
Mr. THURMOND. Mr. President, I am
amendment, No. 662, introduced by Any
able friend BOB DOLE; further, I ould
like to commend Senator DOLE fo ntro-
ducing this vital measure and r pre-
As we know, Senator Do has long
been a champion for our 16ys who are
being held prisoner in 6utheast Asia
and for their families d friends who
have been so frustrat n their attempts
to get word of the . In offering the
amendment whit we will vote on
shortly, the disci uished Senator from
Kansas has co through again, not only
for that relat' ely small group, but also
for millions of concerned and compas-
sionate in iduals throughout the world.
Mr. Pr sident, the amendment is very
simple. t states in effect that the Pres-
ident all have the power to operate
insid Cambodia in order to protect or
resc a American prisoners of war there,
note: 'thstanding the provisions of the
Cooper-Church amendment.
Mr. President, this is only a restate-
ment and reaffirmation of constitutional
powers which the President now posses-
ses; but considering the temper of the
times, it is very necessary that such a re-
statement be confirmed by the Senate
today. As the world watches us closely,
we must show that the U.S. Senate does
not intend to knuckle under to pressure
and abandon our boys who have fought
so valiantly for us.
Mr. President, I am proud to be a co-
sponsor of the Dole prisoner of war
amendment, and I urge its overwhelming
approval by this body.
Mr. DOLE. Mr. President, may we
have order?
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. DOLE. Mr. President, I wish to
state again that the amendment-we are
about to vote on was offered in dead
seriousness. It is not a frivolous amend-
ment; it is not a travesty. Some say we
are holding out hope to wives, mothers,
and children of prisoners of war and
S 8223
those missing in action. Yes, we are hold-
ing out hope to the wives, mothers, and
children. That is all many of the wives,
mothers, and children of American pris-
oners of war and Americans missing in
action have had.
My friends, last night most of us
went home and we played with our
children and we had dinner. Yes, it was
life as usual in this country. It was life
as usual for us, but what about the
American prisoner of w.,f? What about
Americans missing in 1etion2
I do not stand i the Senate today
and say that if we gree to the amend-
ment there will a freed one, 10, or 50
American priso ers of war tomorrow or
the next day. ut at least we would not
deprive the resident of that right. If
we have fa' h in the President, and many
of us do he amendment provides that
if the P esident determines that citizens
or na onals of the United States are
held s prisoners of war in Cambodia by
th orth Vietnamese or the forces of the
N tional Liberation Front, then the so-
would not vitiate the Church-Cooper
amendment, and it would not nullify it.
It does strengthen the amendment. It
says to American prisoners of war and
Americans missing in action that the
U.S. Senate on the 3d day of June 1970
strengthened the hand of the President.
To those who say the President has this
right in any event, let me say if the
President has that right it does no harm
to underscore and emphasize that right
and make it a part of the Church-Cooper
amendment.
Mr. President, to those who say the
amendment islimited'and should include
North Vietnam, Laos, and Thailand, I
would hope that other amendments may
be offered to so provide. But above all
let us hold out some hope for the moth-
ers, wives, and children of the 1,529
American prisoners of war and Ameri-
cans missing in action. It is a small group
and if one adds to this group the 20 or
30 news commentators dnd camera crews
it is still a small group; it does not rep-
resent many votes, it cannot mount much
pressure, nor is it a lobby organization;
but they are Americans and to my friends
in the Senate on both sides of the aisle
today we can vote for the American pris-
oners of war and Americans missing in
action. We can do no less.
Mr. MANSFIELD. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The bill clerk proceeded to call the
roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MANSFIELD. Mr President, on
this amendment, I ask for the yeas and
nays.
The yeas and nays were ordered.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from Kansas (Mr. DOLE).
The yeas and nays have been ordered,
and the clerk will call the roll.
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CONGRESSIONAL RECORD- SENATE June 01, 1970
The assistant legislative clerk called
the roll.
Mr. FLARTKE_ On this vote, I have a
pair with the senior Senator from Ala-
bama (Mr. SPARKMAN). If he were pres-
ent and voting, he would vote "yea." If
I were at, liberty to vote, I would vote
nab:." I withhold my vote.
Mr. KENNEDY. I announce that the
Senator from New Mexico (Mr. ANDER-
soN,, the Senator from Connecticut (Mr.
h o o p ' , the Senator from Alabama ' Mr.
SPARKMAN). the Senator from Louisiana
Mir. LONG). and the Senator from
Georgia l Mr. RUSSELL) are necessarily
absent.
On this vote. the Senator from Georgia
'Mr. RUSSELL) is paired with the Sena-
tor from New Mexico (Mr. ANDERSON).
If present and voting, the Senator
from Georgia would vote "yea" and the
Senator from New Mexico would vote
"nay."
Mr. GRIFFIN. I aru'iounce that the
Senator from Hawaii iMr. FOND) is nec-
essarily absent.
The Senator from South Dakota Mr.
MUNDT) is absent because of illness.
The Senator from Delaware (Mr.
BOGGS) and the Senator from California
-Mr. MURPHY) are absent on official
business.
If present and voting. the Senator from
Delaware (Mr. BoGGS), the Senator from
Hawaii (Mr. FONG), the Senator from
South Dakota (Mr. MUNDT). find the
Senator from California 'Mr. MURPHY)
would each vote "yea."
The result was announced-yeas 36,
stays 54, as follows:
[No. 152 Leg.l
'r EAS-36
Allen Fastland McClellan
Allott Enender McGee
Baker Ervin Miller
Bellmon Fannin Scott
Bennett Goldwater Smith. Ill.
Byrd. Va. Griffin Stennis
Cannon Gurnev Stevens
Cook Hansen Talmadge
Cotton Holland Thurmond
t 'urtis -Hotlines Tower
Dole Hrnska Williams. Del.
Dominick Jordan. Idaho Young, N. Dak.
NAYS-54
Aiken Hughes Packwood
Pavia Inouye Pastore
Bible Jackson Pearson
Brooke Javita Pell
Burdick Jordan. N.C. Percy
Byrd, W.Va. Kennedy Prouty
Case Magnuson Proxmire
Church Mansfield Randolph
t 'ooper Mathias Ribi.:olf
Cranston McCarthy Saxbe
hasleton McGovern Schweiker
Ir ulbright McIntyre Smith, Maine
Goodell Metcalf Spong
(lore Mondale Symington
Caravel Montoya Tvdings
Barris Moss Williams, N.J.
Hart Muskie Yarborough
Hatfield Nelson Young, Ohio
1'HESENT AND GIVING A LIVE PAIR, AS
PREVIOUSLY RECORDED-i
Hartke. against.
NOT VOTING-9
Anderson Fong Murphy
B -s Long Russell
Dodd Mundt Sparkman
So Mr. DOLE'S amendment No. 662 was
rejected.
Mr. CHURCH. Mr. President, I move
to reconsider the vote by which the
amendment was rejected.
Mr. KENNEDY. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
The PRESIDING OFFICER. The Sen-
ate will be in order. The Senator from
Wt-\t Virginia is recognized.
Mr. RANDOLPH. Mr. President. yes-
terday afternoon I sent a news release to
the West Virginia media. as follows:
Sr- 4roa RANDOLPH OPPosEs Dote AMEND-
MENT-Is AGAINST TABLING
WASHINGTON-Senator Jennings Randolph
iD-W Va.). a supoorter of the Cooper-Church
am~,ndment to the Military Sales Act calling
,or . pullout from Cambodia, said Tuesday
-iib:t that he will oppose any motion to
nib -' amendments to the Cooper-Church
ore ro31tlon. This, he said. Includes the prob-
able tabling motion on an amendment by
See .tor Robert Dole (R-Kans.1 expected
We inesday. "I want amendments voted up
or down on their merit, not disposed of by
su .adirect procedure," Randolph declared.
._ndoiph said he opposes and will vote
~c tilt the Dole amendment if the tabling
*nn? on is defeated or fails to materialize.
Thr? West Virginia Senator said he fears the
Uoie proposal W change the Cooper-Church
arii-nument and permit the President to send
srrneci forces across international boundaries
in,- rnuntrles presumed to hold prisoner our
oor:ntry's military personnel "would be too
sweeping." He remarked that it "possibly
could spread the air and land war In South
Vietnam beyond Cambodia and Ieos even
in? i North Vietnam and Red China. It has
sir-arly gone too far--from a Vietnamese war
Into an Indochina war."
MGir. President, I am gratified that the
amendment was voted on. without an at-
teliipt to table it. We need to face these
challenging votes with our direct sup-
po' t or opposition on rollcalls.
.1= COOPER-CH IRCH
AMENDMENT ~
Mr. MII.LEft resT~ent. the Wall
Street Journal today published a very
timely editorial relating to the so-called
Cooper-Church amendment.
The editorialist warns that-
it to not a matter of writing a law but
of building an ongoing process; a specific
pi--. of legislation is important only to the
at--nt it helps build the basis for a con-
tinuing process.
Ile concludes that the Cooper-Church
amendment is not serving this purpose,
thit t--
' it now stands, the amendment casts
an ambiguous shadow both on the Presi-
dent's power as Commander In Chief and
on the Nixon doctrine of U.S. assistance for
self-help.
He pointedly underscores that the
amendment "Will not build but under-
mine the process."
i ills perceptive editorial merits the
attention of the Senate, and I ask unan-
imous consent that it be printed in the
RF-?ORn.
There being no objection, the editorial
was ordered to be printed in the RECORD.
as follows:
THY: COOPER-CHIIRCH AMENDMENT
s the Senate debates the Cooper-Church
amendment to cut off funds for certain types
of military operations in Cambodia, our big-
ge6t headache is trying to figure out what
its words mean. Its passage would do more
harm than good unless something is done to
clarify what it says, first, about the Presi-
tent's power to strike into Cambodia in pro-
"Lion of American troops already in the
tteld, and second, about policies intended to
holster the non-Communist government in
Cambodia.
On its face the amendment seems to say
that despite the President's powers as Com-
uiarider in Chief he cannot undertake mili-
:,wy operations in Cambodia even if enemy
;rcea there are attacking or about to attack
Pmericap troons already in South Vietnam.
Either the amendment means this or it
means nothing at all with regard to this
question; its sponsors seem confused as to
which is the case. Witness Senator Church
on the Senate floor:
"We do not raise into question here the
power the President has as Commander in
Chief. He derives that authority from the
Constitution itself. We could not deny him
his powers under the Constitution if we
tried. Nothing in our amendment would in-
terfere with his right to protect American
troops in the field or to provide for their im-
mediate needs."
If the amendment does fully preserve the
President's right to protect American troops,
then It does not change his right to act
within Cambodia 11 his purpose is to protect
American troops, as it is in the current oper-
ations. If the amendment denies him the
right to act to Cambodia regardless of his
purpose, then it interferes with his right to
protect American troops in ways the Com-
mander in Chief deems necessary. The
amendment's sponsors cannot have it both
ways.
Both the Constitution and common sense
dictate that Congress cannot act as Com-
mander in Chief of troops actually in the
field, as it would be doing when it draws
lines on military maps in a theater long
since drawn into the war by the enemy. It
does not wish to say It, different because
international boundaries are Involved when
the enemy constantly violates these bound-
aries and when the nation involved does not
object. Nor does it wish to say Congress is
only formalizing limits the President him-
self has established, since limits are one
thing when drawn by the Commander in
Chief and another thing when etched into
law.
At the amendment's second level, we find
another set of considerations. We think it
entirely appropriate that Congress concern
itself with the broad question of American
policy toward the Cambodian government,
and In fact we think the Administration
should seek to involve Congress here. But
once again we are left unsure what policy
the Cooper-Church amendment seeks to
promote. There is quite a difference between
a policy of "no American troops" and a policy
of "let the place sink."
The general thrust-and the ostensible de-
fense-of the amendment is to Implement
a policy of no American troops. It has a
sleeper section, however, that could under-
cut any effort whatever to aid Cambodia In
its Relf-defense. This section prohibits U.S.
participation in any agreement to provide
military instruction in Cambodia. In other
words, the U.S. could not provide technical
or financial assistance if the South Viet-
namese, Indonesians. Thais, Koreans or oth-
ers undertook to help Cambodia train Its
army.
It's difficult to conceive a more wrong-
headed provision. It we want to reduce our
presence in Asia, regional cooperation is
what we should try to promote, not Inhibit.
Also, the section makes hash of the spon-
'ors' arguments that they only want to help
the President follow the policy he has al-
ready set, for nothing could be more con-
tradictory to the Nixon doctrine.
Despite all this, the Cooper-Church
amendment is directed at a concern with
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It is quite common for governments and capacity for decision making. Efforts to tie have supported a declaration of war in 1965
public opinion to seek to correct the real or the hands of the executive only make the had that been the only alternative then to
believed policy mistakes of the past. Institu- process more cumbersome, more inefficient, withdrawal? With the experience of Viet-
tional tinkering is also a device often re- more deadly. If the executive runs the risk nam behind it, Is the executive likely to
sorted to in an attempt to avoid previous of operating within an intellectual frame- engage in another major intervention soon
errors. These attempts almost invariably fail work based on a set of fixed ideas and there- in any case? And, after, a lapse of five or more
of their well-intentioned purposes. fore needs criticism and the input of ideas years, will the Senate remain the same
I attempt to treat both mistakes in a book from outside, the one thing lit does not re- watchdog it is today-particularly if Viet-
'entitled Dissent And The State In Peace And quire is the further internal complication nam should be taken over by the Commu-
War: An.ssai on the Grounds of Public Mor- of the decision-making process. It may need nists?
ality, which will be published by the Dunel- a slap in the face but it does not need its "The executive refused to countenance
len Company in August of this year. Short collective arm in a sling. armed intervention in Vietnam in 1954,
excerpts are included below: "Naturally all critics, including this writer, largely as a consequence of the experience
"Foreign policies are often reactions to believe they have better solutions for par- of Korea. By 1961, this had largely been
past lessons supposed lessons. Often the ticular problems than does the government, forgot. The greater danger, even from the
public and also statesmen react by chang- Sometimes we are right. At a minimum, there senator's present perspective, lies in this
g policies that seemed to fail rather than ought to be effective channels for the com- mechanical proposals for the control of the
by adjusting policies to new circumstances. munication of these opinions. Some critics, executive branch of the government. These
Even those who consider our intervention in however, seem to feel a need to control the would produce unimaginable rigidities in
Viet Nam as in some sense a 'disaster' should government. They appear not to recognize our foreign policy that would be exception-
not entirely overlook the problems that were that others would like to control it from a ally inadequate with respect to guerrilla
avoided by. intervention. Depending upon. different point of view. They complain that wars and small
circumstances, the transformation of the re- their advice is not being listened to; but power confrontations and
gimes of Southeast Asia Into Communist re- it could be listened to only at the expense exceptionally dangerous in orison that might
gimes might have given rise-and this is of someone else's advice. The president es- invoke nuclear powers in confrontation.
not that unlikely-to a myth of betrayal. Had pecially must feel a prisoner within a proc- "Numerous polls have demonstrated that
such a myth developed, this might have led ess that includes- so many conflicting de- the American public soon wearies of limited
to a later intervention under more explo- mands and so much in the way of conflicting wars that are fought for limited objec-
sive and less controllable circumstances. advice. tives. On those occasions on which we did
"These remarks are speculative. However, "This attempt to control the government intervene, the senator's proposals would re-
consideration of one reactive sequence from manifests the same neurotic characteristic
the past might serve an appropriate caution- that the American government sometimes
ary note. For instance, the results of the ap- displays in attempting to control every minor
peasement process during the 1930's are not situation abroad, even though it lacks appro-
so well understood. The usual explanation priate information and administrative per-
is that Hitler could easily have been sonnel. We must learn to control this im-
stopped-or even overthrown-in the 1935- pulse, both at the governmental and at the
1938 period but that British appeasement, private organizational levels, unless we are to
particularly at Munich, only whetted his ap- impede and eventually corrupt the decision-
petit, consolidated his support, and pro- making process in a way that will be de-
duced the war. The first half of this propo- structive of American values. Foreign policy
sition is correct; but the second half, to the protests seem to be a curious equivalent of
effect that appeasement produced the war, is adolescent rebellion; although sometimes
somewhat misleading, for other intervening there is genuine ground for complaint, the
variables were necessary to produce war-at results are rarely salutary.
least at the time at which it occurred, The "The suggestions made by the Senate For-
British actually stood up to Hitler during eign Relations Committee for control of
then led, even if not directly and without
qualification, to the capitulation at Munich.
Disillusionment of the British public with
appeasement followed its wholehearted sup-
port for the process.. The March 1939,occu-
pation of the remainder of Czechoslovakia
by Germany led to the ill-advised British
rigid guarantee to Poland-a guarantee that
constituted a blank cheque for Polish for-
eign policy. The guarantee to Poland vir-
tually insured German Involvement in the
West If Germany went to war with Poland
and thus minimized the possibility that the
against the Russians. Without such an as- may provide a major barrier to a nuclear
surance, the pact with the Nazis likely escalation in some future crisis or, alterna-
would have looked excessively menacing to tively, to a severe defeat of American
Stalin. A direct border with the Germans in interests.
the absence of a German war with Britain "Senator Fulbright distrusts executive
and France probably would have been the control of foreign policy. His suggested re-
last thing Stalin wanted. However, without forms, however, would hobble policy. They
the pact with Russia, Germany would have would delay interventions until the situation
faced a major war on two fronts and, there- had deteriorated and until enemy states
fore, would not have been as likely to fol- had so overcommitted themselves that direct
low a policy leading to general war. Although confrontations would be difficult to avoid.
the description offered here is an oversimpli- Although he has argued that the adminis-
flcation and surely does not involve logical tration had no right to go to war in Viet-
entailment, it does indicate the extent to nam without Senatorial consent, would he
which attempts by human beings to cor- have preferred a declaration of war with
rect the errors or supposed errors of the past its implications for dissent and for mili-
sometimes lead them into even more com- tary escalation? Does he desire to force us
promising predicaments. We might do well to to choose in every case between noninter-
avoid the siren call of those who would like vention and the most radical type of mill-
to reverse our policies or even to reverse or terry confrontation?
to correct in substantial ways our institu- "Th
l
,
e nuc
ear age is too dangero ti
us ame
tional processes In, order to guard against for such simplistic solutions. Admittedly, was ordered to be printed in the RECORD,
the errors of the past. great and dangerous discretion now lies in as follows:
"There are no facile solutions for the prob- the hands of the executive. But the execu- A SKEPTIC'S VIEW or ACADEMIC EXCELLENCE
lems of foreign policy. Mistakes are inevita- tive, unlike the Senate, is at least account- (By Robert T. H. Davidson)
his. Decisions press and there is not enough able for its mistakes. Moreover, would the Mr. President, Reverend Gentlemen, Mein-
time to consider any but the most central. Senate have avoided the mistakes Fulbright bars of the Administration, Faculty, Students
The disturbances to the system overload the believes occurred in Vietnam or would it and friends of the College:
American foreign policy are peculiarly un-
responsive to the nature of the world in which
we live. Senator Fulbright complains that
American Involvement in Laos was never sub-
mitted to the United States Senate for ap-
proval. But such submission would have been
inconsistent with the objectives of the inter-
vention. It is the informal character of the
intervention that allows other states not to
overreact. For Instance, in the Korean War,
the Chinese troops were officially classed as
'volunteers,' although they were in organized
Chinese divisions. This fiction allowed the
United States to avoid a direct war with
China on the Chinese mainland and served
en rather than mute alternatives. They
would lead to American retreats and than
to overreactions. They would minimize the
prospects for creative statesmanship and
cater to the most simplistic of minds. In
that advice lies the prospect of catastrophe
in a nuclear age."
Sincerely,
MORTON A. KAPLAN, Chairman,
Committee on International Relations.
Mr. ALLOTT. Mr. President, I want
to express my deep appreciation to Pro-
fessor Kaplan for his very serious an-
alytical discussion on this subject, which
I think will contribute very much to
the debate.
ADDITIONAL STATEMENTS
OF SENATORS
COMMENCEMENT ADDRESS BY
ROBERT T. H. DAVIDSON AT
JAMESTOWN COLLEGE
Mr. YOUNG of North Dakota. Mr.
President, recently I listened with great
interest to a most thought-provoking
commencement address by Robert T. H.
Davidson at Jamestown College, in
Jamestown, N. Dak.
His address deals not only with prob-
lems on our campuses today, but of the
serious financial difficulties faced by
practically all private colleges, James-
town College is one such college. It has
an unusually fine record of quality edu-
cation and it is one of the outstanding
colleges in the Nation.
Mr. President, Mr. Davidson's address
deals not only with problems of private
colleges, but education in general, and
very eloquently,
Mr. President, I ask unanimous con-
sent that the commencement address be -
printed in the RECORD.
There being no objection
the address
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I would suggest that this intercession take
ti~e form of a request to the Democratic
i{epublic of Vietnam that it comply with the
, rms of the 1949 Geneva Convention Reta-
i e to the Treatment of Prisoners of War.
?I which that government is a signatory.
Failing a satisfactory response by the
lemocratic Republic of Vietnam to this re-
quest. I further suggest that the Swedish
foovernment. in accordance with the 1949
I.eneva Convention, offer to intern within
:-;weden. United States personnel held pris-
.,uers of war by the Democratic Republic
of Vietnam until agreement can be reached
on the release of all prisoners.
Internment within Sweden would assure
+atese Americans of the treatment to which
iitey are entitled by the law of nations and
c orncepts of civilized society.
On the part of the, familles of these prls-
_niers and the entire American public, I ap-
peal to Your Excellency and the government
of Sweden to take all possible steps to se-
cure humane treatment for Americans held
J:; prisoners of war in Southeast Asla
line DOLE,
it S. Senate.
Mr. DOLE. Mr. President, I wish to
commend the President of the United
states on the letter forwarded to our
distinguished minority leader, the senior
senator from Pennsylvania (Mr. Scorr),
in which the President indicates his
willingness to compromise and to work
out some accommodation with the Sen-
ate with reference to the pending busi-
ness, the so-called Cooper-Church
amendment.
The President indicates in clear and
concise terms his support for the Byrd
amendment. He states that the Byrd
amendment does reaffirm his constitu-
tionsl power and the constitutional pow-
er of any Commander in Chief to take
necessary action to protect the lives of
American forces consistent with his re-
sponsibilities and obligations.
I believe that the President by indicat-
ing his intentions is saying to the Senate
that now is the time for compromise, not
the time for confrontation.
I believe that the President has clearly
indicated his sincere desire to work out
this accommodation. He has indicated
his clear concern and clear recognition
that we do have certain powers and re-
sponsibilities in the Senate when it comes
to declaring war and appropriating
money for any engagement.
At the same time, the President rec-
ognizes, as any Commander in Chief
would, his responsibility and his overrid-
ing responsibility to protect American
forces.
He also suggests in the letter that
there be some minor amendment to sec-
tion 3 of the Cooper-Church amendment
so that it does not in any way negate and
conflict with the so-called Nixon Asian
doctrine announced in Guam last year.
I again must emphasize that President
Nixon is the power to peace in Vietnam.
Ile wants to cooperate with the Senate
and with the House of Representatives.
And he has so demonstrated in his letter
to the minority leader under date of
June 4, 1974.
FURTHER ACADEMIC SUPPORT FOR
THE PRESIDENT'S POSITION
Mr. ALLOTT. Mr. President, yesterday
I introduced Into the RECORD some com-
munications I have received from distin-
guished scholars who have written to me
expressing support for the President's
position concerning his powers as Com-
mander in Chief.
I have been very pleased by the evi-
dence of widespread academic support
for the President's position on this ques-
tion. I have received many score of very
reflective letters and memorandums from
colleges and universities in every section
of the Nation. I plan to introduce these
communications into the RECORD as we
continue to explore these complex issues
with proper thoroughness.
Today I want to share with all Senators
a most interesting letter I have received
from Prof. Morton A. Kaplan.
Professor Kaplan is a member of the
department of political science at the
University of Chicago. He is also chair-
man of the Committee on International
Relations at the University of Chicago.
His scholarly publications include nu-
merous articles and such books as "Sys-
tem and Process in International Poli-
tics," The Political Foundations of
International Law," "United States For-
eign Policy: 1945-1955," "The Revolution
in World Politics," "Some Problems of
Strategic Analysis in International Poli-
tics," and "The Communist Coup in
Czechoslovakia."
In his letter Professor Kaplan gives a
preview of his forthcoming book, "Dis-
sent and the State of Peace ant. War: An
Essay on the Grounds of Public Moral-
ity." In this book Professor Kaplan takes
exception to some of the very recent
thinking of the junior Senator from Ar-
kansas regarding the questiol' of Presi-
dential latitude In the role of Comamnder
in Chief.
Professor Kaplan says this:
The executive refused to countenance
armed intervention In Vietnam in 1964,
largely as a consequence of the experience of
Korea By 1961, this had largely been forgot.
The greater danger, even from the senator's
present perspective, lies in his mechanical
Titiere are no facile solutions for the prob-
lems of foreign policy. Mistakes are inevi-
table. Decisions press and there is not enough
time to consider any but the most central.
The disturbances to the system overload the
capacity for decision making. Efforts to tie
the hands of the executive only make the
process more cumbersome, more inefficient,
more deadly. If the executive runs the risk
of operating within an intellectual frame-
work based on a set of fixed ideas and there-
fore needs criticism and the input of Ideas
from outside, the one thing it does not re-
quire is the further internal complication
of the decision-making process. It may need
a slap In the face but it does not need Its
collective arm in a sling.
Naturally all critics, including this writer,
believe they have better solutions for par-
ticular problems than does the government.
Sometimes we are right. At a minimum, there
ought to be effective channels for the com-
munication of these opinions. Some critics,
however, seem to feel a need to control the
government. They appear not to recognize
that others would like to control It from a
different point of view. They complain that
their advice is not being listened to; but it
could be listened to only at the expense of
someone else's advice. The president especi-
ally must feel a prisoner within a process that
includes so many conflicting demands and
so much in the way of conflicting advice.
Professor Kaplan is a distinguished
scholar who obviously possesses the most
rare and precious of the worldly virtues-
the virtue of prudence. I would conclude
my remarks by calling special attention
to the words with which Professor Kap-
lan begins his letter:
The attempts by some members of the
V.B. Senate to control the President's actions
in Cambodia in specific, and in foreign pol-
icy-making In general. are understandable
but. In my opinion. most unwise. Even those
who differ profoundly with President Nixon
over his conduct of American foreign policy
should be wary of attempting institutional
adjustments to correct these policies. They
cannot substitute their policies for his but
run the very real risk of preventing any co-
herence or rationality in the decision process.
It Is quite common for governments and
public opinion to seek to correct the real or
believed policy mistakes of the past. Institu-
tional tinkering is also a device often -re-
sorted to In an attempt to avoid previous er-
rors. These attempts almost invariably fail
of their well-intentioned purposes.
proposals for the control of the executive I ask unanimous consent to have Pro-
branch of government. These would produce fessor Kaplan's letter printed in the
unimaginable rigidities in our foreign policy RECORD.
that would be exceptionally inadequate with
respect to guerilla wars and the small power There being no objection, the letter
confrontations and exceptionally dangerous was ordered to be printed in the RECORD,
in crises that might invoke nuclear powers in as follows:
confrontation. THE VNrveaslTy OF Cxiceco,
Numerous polls have demonstrated that RELATIONS,
the American public soon wearies of limited COMMITrEE ON Chicago. Ill INTERNATIONAL AL May 1970. 22,
wars that are fought for limited objectives.
On those occasions on which we did inter- Senator GORDON ALLOTT.
vene, the senator's proposals would reinforce . Senate, D.C.
the public impulse for military escalation and Washington, total victory. They would sharpen rather DEAR SENATOR ALLOTT: The attempts by
than mute alternatives. They would lead to some members of the U.B. Senate to control
American retreats and then to overreactions. the President's actions in Cambodia in
They would minimize the prospects for crea- specific, and in foreign policy-making in gen-
tive statesmanship and cater to the most eral. are understandable but, in my opinion,
simplistic minds. In that advice lies the most unwise. Even those who differ pro-
prospect of catastrophe in a nuclear age. foundly with President Nixon over his con-
duct
his forthcoming book Professor Bury of American foreign policy should be
wary of attempting institutional adjust-
Kaplan gives a very realistic view of the meats to correct these policies. They cannot
feelings that tempt people to want to substitute their policies for his but run the
bind down the President in foreign very real risk of preventing any coherence or
dealings: rationality in the decision process.
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 June 10, 197~proved For R~RI(7NAL ZzC oK-04NA0400080063-8 S 8779
of 1948 to include prisoners of war cap-
tured during the Vietnam conflict, and
for other purposes.
The message also announced that the
House had agreed to the report of the
committee of conference on the disagree-
ing votes of the two Houses on the
amendments of the Senate to the bill
(H.R. 11102) to amend the Public Health
Service Act to revise, extend, and improve
the program established by title VI of
such act, and for other purposes.
The message further announced that
the House had disagreed to the amend-
ment of the Senate to the bill (H.R.
12858) to provide for the disposition of
certain funds awarded to the Tlingit and
Haida Indians of Alaska by a judgment
entered by the Court of Claims against
the United States; asked a conference
with the Senate on the disagreeing votes
of the two Houses thereon, and that Mr.
HALEY, Mr. EDMONDSON, Mr. TAYLOR, Mr.
SAYLOR, and Mr. BERRY were appointed
managers on the part of the House at the
conference.
The message also announced that the
House had passed a bill (H.R. 17923)
making appropriations for the Depart-
ment of Agriculture and related agencies
for the fiscal year ending June 30, 1971,
and for other purposes, in which it re-
quested the concurrence of the Senate.
HOUSE BILL REFERRED
The bill (H.R. 17923) making appro-
priations for the Department of Agricul-
ture and related agencies for the fiscal
year ending June 30, 1971, and for other
purposes, was read twice by its title and
referred to the Committee on Appro-
priations.
AMEND lorNTD,
ITARY SALES ACT
Th a e continued with the con-
sideration of the bill (H.R. 15628) to
amend the Foreign Military Sales Act.
Mr. BYRD of Virginia. Mr. President,
I rise to discuss the Cooper-Church
amendment to the Military Sales Act
and simultaneously the amendment of-
fered by my distinguished colleague from
West Virginia, Senator ROBERT BYRD.
The Cooper-Church amendment pro-
vides, among other things, that "in order
to avoid the involvement of the United
States in a wider war in Indochina and
expedite the withdrawal of American
forces from Vietnam," no funds nay- be
expended after June 30 for retention of
U.S. ground forces in Cambodia, or for
conducting any air combat activity over
Cambodia other than to interdict the
movement of enemy supplies into South
Vietnam. This, in essence, is the intent
of the amendment.
This amendment has given me a great
deal of concern as to just how I should
cast my vote.
I favor the objective of the Cooper-
Church amendment. I do not want to
see the United States become bogged
down in a ground war in Cambodia.
Mr. President, 3 years ago, upon my
return from Southeast Asia, I made a
report on the floor of the Senate.
On April 11, 1967, I said that while
public attention was focused on Viet-
nam, sooner or later, if the war con-
tinued, the problem would be widened
and our Nation would be faced with
grave decisions regarding Laos and Cam-
bodia.
I want to read at this point a few
paragraphs of my speech of 3 years ago:
Our involvement in Asia does not stop
with Vietnam.
In order to help the war effort there, we
have negotiated with Thailand and have
constructed, or are in the process of con-
structing, four huge military bases there,.
each of which I visited.
These bases are of great importance to
the American military effort in Vietnam.
For example, our giant B--52 bombers here-
tofore all flown from Guam-a 12-hour
round trip to target-will, beginning this
month, be operated partially, from Thai-
land-, 4-hour round trip flight to target.
But our presence in Thailand further com-
mits us in Asia, and it commits us to pro
tect the Kingdern of Thailand.
Visualize, if you will, the map. Vietnam is
separated from Thailand by both Laos and
Cambodia. In other words, Laos and Cam-
bodia lie between the two countries in which
we are currently militarily involved.
The ultimate fate of Laos and Cambodia
hangs in doubt with Communist pressure at
a high point.
A part of Laos is now an important mili-
tary base for the Vietcong yet, another part
of Laos is cooperating with the United States.
Cambodia claims to be neutral and will
not permit the United States to overfly it
when U.S. planes go from Thailand to Viet-
nam. Yet, Cambodia is also a sanctuary for
the Vietcong.
Sooner or later, our nation may be faced
with grave decisions regarding Laos and
Cambodia.
If such is the case and we decide to inter-
vene, we will then have assumed the re-
sponsibility for all of what was French Indo-
china, plus its neighbor, the Kingdom of
Thailand, If we conclude not to intervene in
Laos and Cambodia, either or both could
become another Communist-dominated
North Vietnam.
That was my comment in 1967. Today,
we are faced with precisely the kind of
decision that I foresaw 3 years ago.
The decision is no easier now than it
would have been 3 years ago. In some
ways it is more difficult, because Commu-
nist aggression has spread,
From the very beginning, I have said
that the commitment of American
ground troops in a land war in Asia was
a grave error of judgment.
I have also maintained that the error
was compounded by the way in which the
war has been conducted. President John-
son and Secretary of Defense McNamara
tried to run it out of Washington-with
unrealistic reins on the military com-
manders in the field. It took quite a while
before the McNamara concept of a so-
called limited war was proved a farce. It
prolonged the war and increased the
casualties.
The 2 million Americans who have
participated in the Vietnam war for the
most part did not ask to go there. They
were sent there by their Government,
most of them having been drafted, 'taken
from their families, homes, and commu-
nities and sent to a far-off land to fight.
We now have in Vietnam some 425,000
Americans.
Whether it was wise or unwise to have
become involved in Vietnam is not the
question now. We must deal with the
situation that exists today.
Our Nation is unified, I believe, in the
desire to get out of Vietnam. Our Nation
is divided, however, on how best this can
be accomplished.
This brings me to Cambodia and to
the Church-Cooper amendment.
In late April, there were indications
that President Nixon might be called
upon to make a decision with regard to
going to the aid of the Cambodian Gov-
ernment following the ouster of Prince
Norodom Sihanouk.
The President announced that he
would address the American people on
this subject the night of April 30.
That afternoon in the Senate prior to
the President's speech, I urged him not
to send American ground troops to fight
in Cambodia. I expressed the hope that
if aid were to be given in the form of air
support, advisers or arms, that it be
made clear of the Cambodian Govern-
ment-and to the American people-that
this would not lead to involvement of
U.S. combat forces.
I added:
There must be a limit to American involve-
ment in Asia. The United States cannot uni-
laterally assume the responsibility for the
security of all of what was French Indo-
china.
That evening, the President announced
his decision to attack North Vietnamese
and Vietcong sanctuaries along the Cam-
bodian-South Vietnamese border-and
he sent American troops to accomplish
this purpose.
I withheld judgment on the Presi-
dent's decision until I had the oppor-
tunity to obtain additional information.
At a White House meeting with the
President the following Tuesday, May 5,
I was assured, along with other members
of the Armed Services Committee, that
the President's action was a temporary
military tactic for a specific military
purpose.
The President stated categorically that
no commitments had been made by our
Government to guarantee the security
of the Cambodian Government. He as-
serted, too, that all American troops
would be withdrawn from Cambodia
prior to June 30, and that he had no
idea of our becoming bogged down in a
ground war in Cambodia.
The President's action, as he explained
it, did not contemplate the use of ground
forces to fight for Cambodia. The inva-
sion into Cambodia was, he said, for the
limited, specific purpose of destroying
enemy sanctuaries as a means of pro-
tecting U.S. soldiers in South Vietnam.
These sanctuaries are within 20 miles
of the Vietnamese-Cambodian border.
The invasion of a country with which
we are not at war normally is clearly
a matter on which the Congress of the
United States should be consulted. But
the President's action in regard to Cam-
bodia is not a clear-cut example.
It-is, to use the President's words, a
temporary military tactic for the pur-
pose of protecting American troops in
the area adjacent to the enemy sanc-
tuaries.
Nor can Cambodia be considered a
neutral nation. The North Vietnamese
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CONGRESSIONAL RECORD- SENATE June 10, 1970
and Vietcong have been using Cambo-
dian territory without hindrance.
So I am of two minds in regard to the
Cooper-Church proposal:
We already have too many commit-
ments in Asia. I do not want the United
States to assume the responsibility of
protecting the Government of Cambo-
dia; but I do not want our Commander
in Chief to be prevented by legislation
from taking reasonable temporary mili-
tary steps to protect American troops
still in Vietnam.
We have a prime obligation to those
Americans our Government has sent to
Vietnam. They are entitled to full pro-
tection.
This brings me to the amendment
offered by the Senator from West Vir-
ginia (Mr. BYRD). The Byrd amendment
would state in effect that while U.S. forces
could not be used to protect the Govern-
ment of Cambodia, they may be used to
protect the lives of U.S. forces in South
Vietnam, or to expedite the withdrawal
of American troops from Vietnam.
If the Bvrd amendment were approved
by the Senate, then the Cooper-Church
proposal, as amended by Mr. BYRn, would
say to the President: "We do not want
U.S. forces to be used for the protection
of the Cambodian Government, but they
may be used in Cambodia as a temporary
military tactic, if the President deems it
necessary to protect American troops in
Vietnam, or to facilitate the ending of
the Vietnam war."
As stated earlier. I long have been
opposed to U.S. Involvement in a ground
war in Asia. Somehow. that war must
be brought to an end.
But, as I see it, there is-at this late
date-no good solution.
President Nixon, I am convinced, is
making a sincere effort to achieve a solu-
tion-and, indeed, already has with-
drawn 115,000 U.S. troops. He is pledged
to withdraw 150,000 more by next April-
50,000 of these by October 15 of this
year.
So he is making progress toward re-
ducing American involvement.
If one believes the President is sincere
in his desire to bring the war to a reason-
able conclusion, is not acting through
the Commander in Chief the most effec-
tive way to achieve the desired results?
Mr. President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection. it is so ordered.
MODIFICATION OF UNANIMOUS-
CONSENT AGREEMENT
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that the
previous order of June 5, 1970, requiring
the running of the time for debate to
begin immediately "after the disposition
of the Journal" on tomorrow, be changed
to "after approval of the Journal."
The PRESIDING OFFICER i Mr. BEN-
NETT). is there objection to the request
of the Senator from West Virginia? The
Chair hears none, and it is so ordered.
ORDER OF BUSINESS
Mr. BYRD of West Virginia. Mr. Presi-
dent. I suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. BYRD of West Virginia. Mr. Presi-
dent. I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
MODIFICATION QF A.1MENT
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that I be
permitted to modify my amendment 667
star print to read as follows:
On page 5. line 7, before the semicolon in-
sert a comma and the following: "except that
the foregoing provisions of this clause shall
not preclude the President from taking only
such action as is necessary in the exercise
of his constitutional powers and duties as
Commander in Chief, to protect the lives of
United States forces in South Vietnam or to
facilitate the withdrawal of United States
forces from South Vietnam; and the Presi-
dent is requested to consult with Congree-
slonal leaders prior to using any United
States forces in Cambodia If, as Commander
in Chief, he determines that the use of such
forces is necessary to protect the lives of
United States forces in South Vietnam or to
facilitate the withdrawal of United States
forces from South Vietnam;"
Mr. President, the specific changes
which I would thus be making in amend-
ment 667, if I am permitted to modify
my amendment, would be as follows. I
would suggest that Senators may wish to
read the star print which is on their desks
as I attempt to make the precise sug-
gested changes clear.
I would modify amendment 667 to in-
sert the word "only" after the word "tak-
ing" on line 3; to delete the words "may
be" and Insert in lieu thereof the word
"is" on line 4; after the word "neces-
sary" on line 4, insert a comma and the
following language: "in the exercise of
his constitutional powers and duties as
Commander In Chief,"; and at the end
of the present language on line 6 of
amendment 667 delete the quotation
marks and the period, insert a semicolon
and add the following language:
And the President is requested to consult
with congressional leaders prior to using any
United States forces in Cambodia if. as Com-
mander-in-Chief, he determines that the use
of such forces is necessary to protect the
lives of United States forces in South Viet-
nam or to facilitate the withdrawal of United
States forces from South Vietnam;"
Mr. President, that concludes the
modification which I propose.
My modification, when taken together
with paragraph (1) of the Cooper-
Church amendment and language from
the preamble of thatamendment begin-
ning with the word "unless" on line 3
of page 5. would then read as follows:
Unless specifically authorized by law here-
after enacted, no funds authorized or appro-
priated pursuant to this Act or any other
law may be expended for the purpose of-
(11 retaining United States forces in Cam-
brdia except that the foregoing provisions
of this clause shall not preclude the Presi-
dent from taking only such action as is
necessary, in the exercise of his constitutional
powers and duties as Commander in Chief,
to protect the lives of United States forces
In South Vietnam or to facilitate thb with-
drawal of United States forces from South
Vietnam: and the President is requested to
consult with Congressional leaders prior to
using any United States forces in Cambodia
ii. as Comaander in Chief, he determines
that the use of such forces is necessary to
protect the lives of United States forces
In South Vietnam or to facilitate the with-
drawal of United States forces from South
Vietnam;
Mr. AIKEN. Mr. President. will the
Senator yield for a question?
Mr. BYRD of West Virginia. If I may
proceed for 30 seconds, I will then yield
to the Senator from Vermont.
I have asked the able majority leader if
he had any objection to my asking that
my amendment now be modified-and
unanimous consent is required in view
of the fact that the Senate has already
entered into an agreement to vote on
amendment 667 star print as it was writ-
ten at the time the request was granted.
The majority leader has no objection to
my offering this modification.
I have talked with the able Senator
from Kentucky (Mr. COOPER) and the'
able Senator from Idaho (Mr. CHURCH),
cosponsors of the Cooper-Church
amendment. to see if they would have
any objection to such unanimous-con-
sent request. They, in turn, have dis-
cussed the matter with the able senior
Senator from Vermont (Mr. AIKEN).
I have also discussed it with as many
of the cosponsors of my amendment on
my side of the aisle as I could contact,
and I have also discussed it with the
able Republican assistant leader (Mr.
GRIFFIN), who is a cosponsor on the
other side of the aisle.
None of these Senators objects to my
offering this modification.
I yield to the able Senator from Ver-
mont.
Mr. AIKEN. Mr. President, my ques-
tion is: The Senator from West Virginia
understands that our troops are now in
Cambodia and were sent into Cambodia
solely on the basis of the President's con-
stitutional authority and not on the basis
of any legislative authority, does he not?
Mr. BYRD of West Virginia. I under-
stand that the President, in taking the
action he took on April 30, did so in the
proper exercise of his constitutional au-
thority, powers, and duties. I must be
frank to say to the able Senator-and
this is my own opinion purely-that I
believe the gulf of Tonkin Joint Resolu-
tion, which is now Public Law 88-408,
gave him additional legal authority tin-
der which he could have acted. But the
Gulf of Tonkin Resolution notwithstand-
ing, I think the President acted in the
proper exercise of his constitutional pow-
ers and duties In moving into Cambodia
to protect the lives of our men in South
Vietnam.
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