Foreign Relations of the United States, 1964–1968, Volume I, Vietnam, 1964

169. Draft Congressional Resolution Prepared in the Department of State¹

Washington, May 24, 1964.

DRAFT RESOLUTION ON SOUTHEAST ASIA

Whereas the signatories of the Geneva Accords of 1954, including the Soviet Union, the Communist regime in China, and Viet Nam agreed to respect the independence and territorial integrity of South Viet Nam, Laos and Cambodia; and the United States, although not a signatory of the Accords, declared that it would view any renewal of aggression in violation of the Accords with grave concern and as seriously threatening international peace and security;²

Whereas the Communist regime in North Viet Nam, with the aid and support of the Communist regime in China, has systematically flouted its obligations under these Accords and has engaged in aggression against the independence and territorial integrity of South Viet Nam by carrying out a systematic plan for the subversion of the Government of South Viet Nam, by furnishing direction, training, personnel and arms for the conduct of guerrilla warfare within South Viet Nam, and by the ruthless use of terror against the peaceful population of that country;

Whereas in the face of this Communist aggression and subversion the Government and people of South Viet Nam have bravely undertaken the defense of their independence and territorial integrity, and at the request of that Government the United States has, in accordance with its Declaration of 1954, provided military advice, economic aid and military equipment;

Whereas in the Geneva Agreements of 1962 the United States, the Soviet Union, the Communist regime in China, North Viet Nam and others solemnly undertook to respect the sovereignty, independence, neutrality, unity and territorial integrity of the Kingdom of Laos;

Whereas in violation of these undertakings the Communist regime in North Viet Nam, with the aid and support of the Communist regime in China, has engaged in aggression against the independence, unity and territorial integrity of Laos by maintaining forces on Laotian territory, by the use of that territory for the infiltration of arms and equipment into South Viet Nam, and by providing direction, men and equipment for persistent armed attacks against the Government of National Unification of the Kingdom of Laos;

Whereas in the face of this Communist aggression the Government of National Unification and the non-Communist elements in Laos have striven to maintain the conditions of unity, independence and neutrality envisioned for their country in the Geneva Agreements of 1962;

Whereas the United States has no territorial, military or political ambitions in Southeast Asia, but desires only that the people of South Viet Nam, Laos and Cambodia should be left in peace by their neighbors to work out their own destinies in their own way, and, therefore, its objective is that the status established for these countries in the Geneva Accords of 1954 and the Geneva Agreements of 1962 should be restored with effective means of enforcement;

Whereas it is essential that the world fully understand that the American people are united in their determination to take all steps that may be necessary to assist the peoples of South Viet Nam and Laos to maintain their independence and political integrity;

Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled:

That the United States regards the preservation of the independence and integrity of the nations of South Viet Nam and Laos as vital to its national interest and to world peace;

• Sec. 2. To this end, if the President determines the necessity thereof, the United States is prepared, upon the request of the Government of South Viet Nam or the Government of Laos, to use all measures, including the commitment of armed forces to assist that government in the defense of its independence and territorial integrity against aggression or subversion supported, controlled or directed from any Communist country.

• Sec. 3. (a) The President is hereby authorized to use for assistance under this joint resolution not to exceed $___ during the fiscal year 1964, and not to exceed $___ during the fiscal year 1965, from any appropriations made available for carrying out the provisions of the Foreign Assistance Act of 1961,³ as amended, in accordance with the provisions of that Act, except as otherwise provided in this joint resolution. This authorization is in addition to other existing authorizations with respect to the use of such appropriations.

  (b) Obligations incurred in carrying out the provisions of this joint resolution may be paid either out of appropriations for military assistance or appropriations for other than military assistance, except that appropriations made available for Titles I, III, and VI of Chapter 2, Part I, of the Foreign Assistance Act of 1961, as amended, shall not be available for payment of such obligations.

  (c) Notwithstanding any other provision of the Foreign Assistance Act of 1961, as amended, when the President determines it to be important to the security of the United States and in furtherance of the purposes of this joint resolution, he may authorize the use of up to $___ of funds available under subsection (a) in each of the fiscal years 1964 and 1965 under the authority of section 614(a) of the Foreign Assistance Act of 1961, as amended, and is authorized to use up to $___ of such funds in each such year pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts.

  (d) Upon determination by the head of any agency making personnel available under authority of section 627 of the Foreign Assistance Act of 1961, as amended, or otherwise under that Act, for purposes of assistance under this joint resolution, any officer or employee so made available may be provided compensation and allowances at rates other than those provided by the Foreign Service Act of 1946,⁴ as amended, the Career Compensation Act of 1949,⁵ as amended, and the Overseas Differentials and Allowances Act⁶ to the extent necessary to carry out the purposes of this joint resolution. The President shall prescribe regulations under which such rates of compensation and allowances may be provided. In addition, the President may utilize such provisions of the Foreign Service Act of 1946, as amended, as he deems appropriate to apply to personnel of any agency carrying out functions under this joint resolution.

1. Source: Department of State, S/S-NSC Files: Lot 70 D 265, NSC Meeting, May 5, 1964. Top Secret. According to a note on an agenda for the meeting on May 24 (see Document 172), this and other papers prepared for the meeting were “all working papers, no official standing.” (Executive Committee Meeting on Southeast Asia, May 24; Johnson Library, National Security File, Aides File, McGeorge Bundy, Meetings on SEA, Vol. 1)
2. See Foreign Relations, 1952–1954, vol. XVI, pp. 1500–1501.
3. Public Law 87–195, approved September 4, 1961; 75 Stat. 424.
4. Public Law 724, approved August 3,1946; 60 Stat. 999.
5. Public Law 351, approved October 12, 1949; 63 Stat. 802.
6. Public Law 86–707. approved September 6, 1960; 74 Stat. 792.