Congressional Restrictions on U.S. Military Operations in Vietnam, Cambodia, Laos, Somalia, and Kosovo: Funding and Non-Funding Approaches

Congressional research reportMay 7, 2007

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Prepared for Members and Committees of Congress

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The main body of this report is a series of tables and an Appendix that summarize and cite bill

language that was intended to end or restrict U.S. military operations in Vietnam and Indochina,

Somalia, and Kosovo. The report covers enacted provisions as well as those where there were roll

call votes but the provision was not ultimately enacted. The first table outlines proposals that

restrict funding and the second table describes other types of restrictions.

The other legislation discussed in this report either cut off funding or called on the President to

take certain military actions, such as troop withdrawals. The cutoffs generally prohibited the

obligation or expenditure of funds that Congress had appropriated, and they applied to military

activities ranging from combat operations to initial deployments in specified countries. Some

legislative language cut off funding for certain military operations but permitted exceptions, such

as the withdrawal of U.S. troops, or was contingent upon meeting certain conditions, such as the

release of prisoners of war. Other language prohibited continued funding unless military

operations were authorized.

Congress also considered non-funding approaches that urged the President to withdraw forces,

negotiate or terminate military operations, seek congressional authorization for military

operations, or set a date for U.S. troop withdrawals. Another approach was congressional repeal

of the August 1964 Tonkin Gulf Resolution, which authorized the President to use military force

in Vietnam.

Language attempting to restrict later conflicts continued to use these two main categories of

approaches, funding and non-funding, adding new elements and criteria to the restrictions as the

conflicts themselves evolved.

In the case of Indochina, a major demarcation was the signing of the Vietnam peace accords and a

cease-fire agreement between the United States and North Vietnam in January 1973 that required

the total withdrawal of U.S. troops by March 1973. Congress continued to provide funds for U.S.

troops as levels fell from a peak of 539,000 in June 1969 to 21,500 in January 1973. In 1974, a

non-funding bill was passed to cap personnel levels in Indochina at 3,000 by the end of the year.

In response to the invasion of Cambodia from April to June 1970, Congress enacted the CooperChurch amendment in January 1971, which prohibited using any appropriated funds to introduce

ground troops into Cambodia. Legislation enacted in 1973—after the cease-fire agreement—that

cut off funds for combat “in or over or from off the shores of North Vietnam, South Vietnam,

Laos or Cambodia” was designed to prevent President Nixon from reintroducing troops or

bombing if the North Vietnamese violated the cease-fire. The 1973 legislation also terminated

funding for the U.S. bombing of Khmer Rouge forces in Cambodia by August 15, 1973. The U.S.

bombing did end on that date.

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Vietnam War Policy Context for Congressional Legislation........................................................... 1

Types of Restrictions on Military Activities.................................................................................... 3

Prohibiting the Obligation or Expenditure of Funds ................................................................. 3

Where and How Funding Prohibitions Applied.................................................................. 3

Types of Military Activities Covered.................................................................................. 4

Non-Funding Restrictions on Military Activities...................................................................... 4

Table 1. Funding Restrictions on Military Operations .................................................................... 5

Table 2. Non-Funding Restrictions on Military Operations .......................................................... 15

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Appendix. Text of Proposed or Enacted Provisions ...................................................................... 19

Author Contact Information .......................................................................................................... 30

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his report discusses the political context and congressional consideration of various

funding and other restrictive legislative language applying to military operations in

Indochina between 1970 and 1973. The report also briefly mentions similar congressional

actions applying to U.S. military operations in Somalia in 1993 and Kosovo in 1999. This

discussion is followed by two tables that summarize provisions that were enacted or considered

by Congress and an Appendix that cites the specific language for each provision in the tables.

Table 1 includes funding restrictions on military operations and Table 2 includes other nonfunding approaches. Those provisions that were enacted are listed first followed by provisions

that were not enacted but where there was a roll call vote in either house. From the legislative

history, it appears that funding cutoffs may have been more effective than non-funding

approaches in altering executive branch plans for military operations.1

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During the 1970-1973 period, Congress considered a variety of proposals to restrict U.S. military

operations in Indochina and require a withdrawal of troops from Vietnam in response to the

growing controversy in the United States over U.S. military involvement in Vietnam during the

1965-1969 period. The specific proposals for legislation often were in response to key elements

of the Nixon Administration’s policies and were intended to influence or force changes in the

Administration’s policies on U.S. military involvement, particularly in Vietnam and Cambodia.

A main element of the Nixon Administration’s policies was the staged withdrawal of U.S. troops

from Vietnam from mid-1969 until the end of 1972 as part of the Administration’s Vietnamization

strategy of turning over the responsibility for ground combat operations in Vietnam to the South

Vietnamese government and army. According to Department of Defense statistics, U.S. troop

levels fell from 539,000 in June 1969 to 415,000 in June 1970, 239,000 in June 1971, 47,000 in

June 1972, and 21,500 in January 1973. In 1974, a non-funding bill was passed to cap personnel

levels in Indochina at 4,000 by mid-1975 (2,500 of whom could be members of the armed

forces), and at 3,000 by the end of 1975 (1,500 of whom could be members of the armed forces).

The Nixon Administration, however, set no goal of a total withdrawal of U.S. forces or a total end

of U.S. combat operations in Vietnam. In particular, the Air Force continued bombing operations

at a high level. Thus, many of the proposed amendments and bills in Congress in the 1970-1972

period were aimed at requiring the President to withdraw all U.S. troops from Vietnam and

prohibit U.S. combat operations in Vietnam and Indochina. Several of these came to votes in the

full House of Representatives and the Senate, but none was enacted into law.

A second policy element was the incursion of U.S. ground forces into eastern Cambodia that

President Nixon ordered on April 30, 1970. U.S. ground troops withdrew by June 30, 1970, but

U.S. bombing of North Vietnamese and Khmer Rouge forces in Cambodia continued. Proposed

and enacted amendments in Congress were designed to prohibit both the reintroduction of U.S.

ground forces into Cambodia after June 30, 1970 and continued U.S. aerial bombing of

For a comparison of funding cutoffs and use of the War Powers Act, see CRS Report RS20775, Congressional Use of

Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments, by (name redacted).

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Cambodia. The “Cooper-Church” amendment, enacted into law in January 1971, prohibited the

reintroduction of U.S. ground forces into Cambodia. The restrictive bills passed in June and July

1973 terminated funding for the bombing in Cambodia on August 15, 1973, and bombing stopped

on that date.

The incursion into Cambodia had an important impact on congressional attempts to legislate

restrictions on U.S. military operations. It triggered congressional amendments aimed at

restrictions on U.S. military operations not only in Cambodia but in Vietnam as well.

The third policy element was the negotiation and signing of an “Agreement on Ending the War

and Restoring Peace in Vietnam” between the United States and North Vietnam on January 27,

1973. The agreement, in effect a cease-fire agreement with additional political provisions,

provided for the withdrawal of all U.S. troops from South Vietnam within 60 days of the signing

of the accord. U.S. troops were withdrawn fully by March 1973.

A major problem for President Nixon and Secretary of State Henry Kissinger in negotiating the

agreement was securing the support of South Vietnamese President Nguyen Van Thieu. In a

November 14, 1972, letter, President Nixon assured President Thieu that “But far more important

than what we say in the agreement on this issue is what we do in the event the enemy renews its

aggression. You have my absolute assurance that if Hanoi fails to abide by the terms of this

agreement it is my intention to take swift and severe retaliatory action.”2

President Nixon and other Administration officials hinted publicly in March 1973 that the United

States would intervene militarily if North Vietnam violated the cease-fire agreement. On May 3,

1973, President Nixon submitted a report to Congress entitled U.S. Foreign Policy for the 1970s:

Shaping a Durable Peace. In it, he asserted that the United States would not tolerate communist

violations of the agreement and that North Vietnam would risk renewed confrontation with the

United States if it broke the agreement.3

President Nixon undoubtedly had in mind the renewal of U.S. bombing of North Vietnam and

North Vietnamese forces in South Vietnam if Hanoi renewed the war. As the Nixon

Administration withdrew U.S. ground forces from Vietnam in 1971 and 1972, it ordered heavy

bombing of communist forces and installations, including massive bombing by B-52 bombers.

These indications of Nixon’s policy intention no doubt influenced the legislation proposed and

passed by Congress in mid-1973 to cut off funding for combat operations “in or over or from off

the shore of North Vietnam, South Vietnam....”

For a CRS Report that compares Congressional funding cutoffs of U.S. military forces to use of

the War Powers Act, see CRS Report RS20775, Congressional Use of Funding Cutoffs Since

1970 Involving U.S. Military Forces and Overseas Deployments, by (name redacted).

Nixon, Richard. No More Vietnams. New York, Arbor House, 1985. P. 155-156. Kissinger, Henry. Ending the

Vietnam War. New York, Simon & Schuster, 2003. P. 385.

Karnow, Stanley. Vietnam: A History. New York, The Viking Press, 1983. P. 656. U.S. Congressional Research

Service. U.S. Foreign Policy for the 1970’s: An Analysis of the President’s 1973 Foreign Policy Report and

Congressional Action. Prepared for the Senate Committee on Foreign Relations. Washington, DC, U.S. Govt. Print.

Office, 1973. P. 19.

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The proposals included in Table 1 adopted funding cutoffs that follow certain patterns. The

section that follows describes the types of restrictions and identifies proposals that fall under that

category using the number included in both the tables and the Appendix that follow.

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The proposals to cut off funds generally prohibit obligating or expending funds in a particular bill

or bills after Congress has appropriated the funds. Obligations occur when the government signs a

contract to buy goods or services or pays its military or civilian personnel.4 Expenditures, or

outlays, take place when the contractor or employee is paid.

Generally, funding prohibitions apply as of a certain date, to specific countries, and to particular

types of military activities (entries 2, 3, 4, 5). In one case, the Department of Defense was

prohibited from transferring funds from its regular programs to finance wartime operations (entry

19).

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In some cases, funding prohibitions applied to certain military operations—such as combat

operations—and were absolute (entries 2, 3, 4, 18). In other cases, funding was to be cut off for

some military activities (e.g., combat) but permitted for other activities (e.g., the withdrawal of

troops or the protection of U.S. civilians) (entries 7, 8, 11, 15).

In other cases, the funding cutoff was contingent upon certain conditions or events taking place,

such as the negotiation by the President of a cease-fire, the release of U.S. prisoners of war

(POWs), or a presidential determination that personnel can be withdrawn safely (entries 12, 13,

14, 16). In some cases, the President could recommend extending the deadline if certain

conditions, such as the safe withdrawal of troops, have not occurred (entries 13, 14). The

prohibition on obligating or spending funds could also be reversed if Congress authorized the

activity (entries 5, 8, 20, 21).

Prohibitions on funding were set to take effect as of or after a particular date or some specified

length of time after enactment and applied to the funds included in the bill under consideration,

all previous bills of that type, or any bill (entries 2, 3, 8, 17, 20, 25, 27).5 Funding restrictions

were placed in various types of bills, often appropriations bills but sometimes authorization or

other bills (e.g., amendments to the Selective Service Act).

Obligations also occur when one of the military services orders goods or services from other DOD organizations that

supply parts, repair weapons systems, or provide other services such as providing fuel.

Prohibitions that apply to any bill including future bills could be challenged on constitutional grounds since one

Congress cannot obligate another Congress.

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The range of prohibited military activities included also varied from the specific—“Bomb, rocket,

napalm, or otherwise attack by air, any target whatsoever ...” (entry 14) or the “deployment of

ground elements” in Yugoslavia (entry 21) to general designations such as combat activities,

conducting U.S. military operations (entries 2, 13) or “to support directly or indirectly combat

activities,” (entry 18) or the “involvement of U.S. military forces in hostilities” (entry 20).

The well-known McGovern-Hatfield amendment that was considered in 1970 combined several

of the elements above—prohibiting funds for some but not other specified military activities,

setting two specific deadlines, one for a ceiling on the number of troops and another for the

withdrawal of remaining forces while at the same time giving the President some leeway to

propose an alternative.

The amendment prohibited the obligation or expenditure of funds “authorized by this or any other

act” to “maintain a troop level of more than 280,000 armed forces” in Vietnam after April 30,

1971, unless the President finds that a 60-day extension is necessary and recommends that to

Congress. For a set period—between April 30 and December 31, 1971, the amendment limited

the “expenditure of funds” in or over Indochina to the “safe and systematic withdrawal of

remaining forces,” or providing asylum to endangered Vietnamese (entry 9). It was rejected in

June 1971.

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Table 2 describes eight proposals—including four that were enacted—which adopt a variety of

non-funding restrictions considered by Congress during the Indochina conflict. Several wellknown amendments were introduced by Senator Mansfield including two that required the

termination of U.S. military operations in Indochina at “the earliest practicable date” as well as a

withdrawal of all troops within either six or nine months. These versions ultimately did not pass

(entries 25, and 27).

Two other Mansfield amendments provided for a “prompt and orderly withdrawal” at “the earliest

practicable date,” but did not set a time limit (entries 24 and 26). One amendment was a sense of

the Congress and the other stated that it was U.S. policy to terminate military operations and

withdraw forces. Although both of these amendments were enacted in the fall of 1971, their

practical effect is not clear since no deadline was set. All U.S. troops were withdrawn by March

1973 as required by the Paris Peace accords, almost a year and a half after passage of the first

Mansfield amendment.

In other cases, such as Somalia in 1993, Congress considered provisions requiring that the

President remove forces by January 31, 1994, unless there is a declaration of war or specific

congressional authorization (entry 30).

Congress also considered and passed a repeal of the August 10, 1964, Gulf of Tonkin Resolution

that gave congressional approval to “take all necessary measures” to repel an armed attack against

the United States in January 1971, but military operations continued in Vietnam for another two

years (entry 22).

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Table 1. Funding Restrictions on Military Operations

Year

1970

Legislative

Vehicle

Common

Name of

Amdt.

Special Foreign

Assistance Act

of 1971

CooperChurch

Bill #

H.R.

19911

1973

H.J.Res.

636

Making

Continuing

Approp. for the

Fiscal Year 1974,

and for Other

Purposes

1973

H.J.Res.

727

Continuing

Approp., 1974

Ȭśȱ

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

ENACTED

Brief Description

Prohibited using any funds

authorized or appropriated in

this or any other act to finance

the introduction of ground

troops or U.S. advisors in

Cambodia. Specified that any

military or economic assistance

given to Cambodia should not

be construed as a commitment

to defend Cambodia.

Prohibited obligation or

expenditure of any funds in this

or any previous law on or after

August 15, 1973 to directly or

indirectly finance “combat in or

over or from off the shores of

North Vietnam, South Vietnam,

Laos or Cambodia.”

Extended the ban on obligating

or expending funds

appropriated in this or previous

laws for combat activities in or

over Cambodia, Laos and North

and South Vietnam that was

included in the CR for FY74 CR

(P.L. 93-52) from August 15,

1973 until the adjournment of

the 93rd Congress.

H.Rept.

93-519

Adopted

368-7

Date

Enacted

Public

Law #, Appendix

Section

S.Rept.

91-1437

H.Rept. 911791

H. Adopted

voice vote

S. Adopted 4120

Adopted 7222 [S. Rpt]

5-Jan-71

P.L. 91652

Sec. 7

S.Rept.

93-277

H.Rept. 93364

H. Adopted

266-75

S. Adopted by

voice vote

Adopted 7316

[S. Rpt.]

1-Jul-73

P.L. 9352

Sec. 108

Adopted 73-2

16-Oct-73

P.L. 93124

Sec. 1

[See

Sec. 108

P.L. 9352]

Adopted

309-99

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Year

1973

Legislative

Vehicle

Bill #

H.R.

9055

Second Supp.

Approps. Act,

1973

H.R.

7645

Department of

State Approp.

Auth. Act of

1973

1974

S. 3394

Foreign

Assistance Act

of 1974

ȬŜȱ

Common

Name of

Amdt.

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Prohibited expenditure of funds

in this act for reconstruction in

North Vietnam; prohibited

expenditure of funds in this or

any previous act or for combat

activities “in or over . . . or off

the shores of” Cambodia, Laos,

North Vietnam and South

Vietnam after August 15, 1973.

Prohibited obligation or

expenditure of appropriations in

previous or any future act on or

after August 15, 1973 to

“finance the involvement of U.S.

military forces in hostilities in or

over or from off the shores of”

North Vietnam, South Vietnam,

Laos or Cambodia or to

provide assistance of any kind

to North Vietnam unless funds

are specifically authorized by

Congress.

Established a cap for U.S.

personnel present in South

Vietnam. Effective six months

after enactment, the total

number of personnel was

limited to 4,000, not more than

2,500 of whom could be

members of the Armed Forces,

direct hire, or contract

employees of the Department

of Defense. One year after

enactment, those cap levels

were reduced, respectively, to

3,000 and 1,500.

H.Rept.

93-350

amdt. or

debate

S.Rept.

93-176

S.Rept.

93-1134

(1st

Rpt.);

S.Rept.

93-1299

(2nd

Rpt.)

H.Rept. 93367;

2nd Conf. Rpt:

H.Rept. 93563;

[Added August

15, 1973 date

to CaseChurch amdt.]

2nd Conf. Rpt.

adopted in H.

and S. by voice

vote.

H.Rept. 931610

Date

Enacted

Public

Law #, Appendix

Section

Adopted

278-124

Adopted 7214

1-Jul-73

P.L. 9350,

Sec. 304

and

Sec. 307

Adopted

1st Conf.

Rpt. by

voice

vote, with

revisions

Adopted

2nd Conf.

Rpt. by

voice vote

Adopted

Senate Rept.

67-15

Adopted 2nd

Conf. Rpt. by

voice vote

18-Oct-73

P.L. 93126,

Sec. 13

Conf. rpt.

Adopted

209-189

Adopted S. bill

46-45

Adopted conf.

rpt.

49-43

30-Dec.-74

P.L. 93559

Sec. 38

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Year

1993

Legislative

Vehicle

Bill #

H.R.

artment of

Defense Approp.

Act, 1994

Dep

3116

Common

Name of

Amdt.

Byrd

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Prohibited the obligations of

funds after March 31, 1994 for

military operations in Somalia

unless 1) requested by the

president and authorized by

Congress; 2) necessary to

protect U.S. civilians; 3) for U.S.

combat forces under the

command and control of U.S.

commanders; and 4) if the

President intensifies efforts, to

have UN members deploy

additional troops to Somalia to

take over U.S. efforts.

NON-

1970

H.R.

15628

To Amend the

Foreign Military

Sales Act, and

for Other

Purposes

CooperChurch

1970

H.R.

17123

Military

Procurement

Authorization

Act of FY1971

McGovernHatfield

Ȭŝȱ

H.Rept. 103339

Adopted

conf. rpt.,

voice vote

Byrd floor

amdt., calling

for March 31

deadline,

Adopted 7623

Adopted conf.

rpt., 88-9

Date

Enacted

Public

Law #, Appendix

Section

11-Nov-93

P.L. 103139

Sec.8151

ENACTED AMENDMENTS WITH ROLL-CALL VOTES

Prohibits expenditure of funds

in this Act or any other law

after July 1, 1970 to retain U.S.

forces in Cambodia, support

U.S. personnel or contract for

military instruction or conduct

combat activities in Cambodia

“unless specifically authorized

by law hereafter enacted.”

[As introduced in the Senate

and adopted, and later tabled in

the House]

Prohibits the obligation or

expenditures of funds

“authorized by this or any other

act” to “maintain a troop level

of more than 280,000 armed

forces” in Vietnam after April

30, 1971 unless the president

finds that up to a 60-day

extension is needed in case of a

Tabled in

a motion

by Riegle,

237-153

Adopted 5837

Rejected 3955

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Year

Legislative

Vehicle

Bill #

Common

Name of

Amdt.

1971

H.R.

6531

Military Selective

Service Act of

1967,

Amendments

McGovernHatfield

1971

H.R.

6531

Military Selective

Service Act of

1967,

Amendments

Chiles

ȬŞȱ

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

clear and present danger to U.S.

troops, or the president

submits a new date for

Congressional approval and

informs Congress within 10

days of the extension; between

April 30 and December 31,l971,

limits expenditure of funds for

U.S. armed forces “in and over

Indochina” to “safe and

systematic withdrawal of

remaining armed forces” and

provision of safe asylum for

endangered Vietnamese.

[As introduced in the Senate

and rejected.]

Prohibits expenditure of any

funds after Dec. 31, 1972 that

have been authorized or

appropriated under this or any

other act for deploying U.S.

armed forces or conducting

military operations “in or over

Indochina” except for

protecting U.S. forces during a

withdrawal, arranging

protection for endangered S.

Vietnamese, Cambodians, or

Laotians, or assisting

Indochinese nations as approved

by Congress.

[As introduced in the Senate

and rejected.]

Prohibits expenditure of any

funds authorized or

appropriated under this or any

other act after June 1, 1972 to

Date

Enacted

Public

Law #, Appendix

Section

Rejected 4255

Rejected 4452

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Year

Legislative

Vehicle

Bill #

Common

Name of

Amdt.

1971

H.R.

6531

Military Selective

Service Act of

1967,

Amendments

Cook

1971

H.R.

8687

Armed Forces,

Approp.

Authorization

1972

NedziWhalen

Ȭşȱ

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

deploy or maintain U.S. armed

forces or conduct military

operations “in or over

Indochina” except to protect

U.S. forces during withdrawal,

provide protection for

endangered S. Vietnamese,

Cambodians, or Laotians, or

assist nations of Indochina in

amounts approved by Congress.

[As introduced in the Senate

and rejected.]

Prohibits expenditure of funds

authorized or appropriated in

this or any other law nine

months after enactment to

support U.S. troops or conduct

U.S. military operations “in or

over” South Vietnam, Laos,

Cambodia, or North Vietnam,

subject to a commitment from

the N. Vietnamese gov’t to

release U.S. personnel within 60

days of enactment; requires

reporting to Congress and sets

up expedited procedures to

consider continuation of

provisions.

[As introduced in the Senate

and adopted (later amended by

Mansfield amdt. in the nature of

a substitute (see #25)).]

Prohibits expenditure of any

funds authorized or

appropriated in this Act after

December 31, 1971 to deploy

U.S. military personnel or

Adopted 6138

Later

amended by

Mansfield

amdt. in the

nature of a

substitute (see

# 25).

Rejected

158-255

Date

Enacted

Public

Law #, Appendix

Section

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Year

Bill #

Legislative

Vehicle

Common

Name of

Amdt.

1971

H.R.

8687

Armed Forces,

Approp. Author.

1972

Gravel

1971

H.R.

9910

Foreign

Assistance Act

of 1971

CooperChurch

ȬŗŖȱ

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

conduct military operations in

or over South Vietnam, North

Vietnam, Cambodia, or Laos; if

the President determines that

U.S. military personnel cannot

be withdrawn safely or

prisoners of war cannot be

returned, the President shall

recommend to Congress

another date within the fiscal

year.

[As introduced in the House

and rejected]

Prohibits expenditure of any

funds authorized or

appropriated under this or any

other law to “bomb, rocket,

napalm, or otherwise attack by

air any target whatsoever”

within Cambodia, Thailand,

Vietnam or Laos unless the

President determines it

necessary to ensure the safety

of U.S. forces withdrawing from

Indochina.

[As introduced in the Senate

and rejected.]

States that the repeal of the

Tonkin Gulf Resolution has left

the U.S. government without

congressional authority for

continued participation in the

Indochina war. Requires that on

or after enactment of this act,

funds authorized in this or any

other Act can be used only to

withdraw U.S. forces from

Date

Enacted

Public

Law #, Appendix

Section

Rejected 1964

[Stricken out

of H.R. 9910

by the Scott

amdt., which

was adopted

by a 47-44

vote]

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Year

1972

Bill #

H.R.

15495

Legislative

Vehicle

Armed Forces,

Approp. Author.

1973

Ȭŗŗȱ

Common

Name of

Amdt.

Cranston

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Indochina and may not be used

to engage in hostilities in North

or South Vietnam, Cambodia or

Laos except to protect

withdrawing forces.

[As reported by the Senate

Foreign Relations Committee

(later stricken out by the Scott

amdt. on the floor)]

Requires withdrawal of all

troops and states that “No

funds shall be authorized,

appropriated, or used” to

maintain any U.S. military forces

in South Vietnam after October

1, 1972. States that U.S.

involvement “shall terminate”

after a verified ceasefire

agreement, the release of U.S.

Prisoners of War (POW), and

an accounting for all missing

POWs.

[As introduced in the Senate,

adopted, and later amended by

the Brooke amdt. (see # 17).]

Adopted 5047

Date

Enacted

Public

Law #, Appendix

Section

ȱȱȱǯǯȱ¢ȱȱ

Year

1972

1973

Bill #

Legislative

Vehicle

15495

Armed Forces,

Approp. Author.

1973

H.R.

7447

Supp. Approps.,

1973

H.R.

ȬŗŘȱ

Common

Name of

Amdt.

Brooke

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Limits use of funds authorized

or appropriated by this or any

other act to withdrawal of or

protection of withdrawing

forces from Vietnam, Cambodia

and Laos to be carried out

within four months after the

enactment provided that all

American prisoners of war are

released. [As introduced in the

Senate, adopted to amend the

Cranston amdt. (see # 16) (later

stripped out).]

Prohibits expenditure of funds

appropriated in Act for

reconstruction of North

Vietnam and prohibits use of

funds appropriated in this or

past acts to support “directly or

indirectly combat activities in,

over, or from off the shores of

Cambodia or Laos” by U.S.

forces.

[As reported in S. Rpt 93-160

and included in both Senate and

Conference passed versions of

H.R. 7447, which was later

vetoed by the President.]

H.Rept. 921388

S.Rept.

93-160

H.Rept. 93295

H. Adopted

235-172

S. Adopted 8111

Amended the

Cranston

amdt. in the

nature of a

substitute (see

# 16).

Adopted 4947.

Brooke amdt.

then stripped

out of H.R.

15495 in

conference.

House

Conferees

ruled the

provision nongermane

Adopted as

part of H.R.

7447

73-5

Date

Enacted

Public

Law #, Appendix

Section

Vetoed June

27, 1973

[See # 4,

the Second

Supp.

Approp.

Act, 1973

for a similar

version that

was

enacted]

ȱȱȱǯǯȱ¢ȱȱ

Year

1973

Bill #

H.R.

7447

1973

H.R.

7645

Legislative

Vehicle

Common

Name of

Amdt.

Supp. Approps.,

1973

Addabbo

State

Department

Approp.

Authorization

CaseChurch

Ȭŗřȱ

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Prohibits the Defense

Department from transferring

$430 million in H.R. 7447 from

other defense programs for U.S.

military activity in Southeast

Asia, including the cost of

bombing raids over Cambodia

incurred from January through

March 1973 and paying for

increased costs due to

devaluation of the dollar.

[As reported in H.Rept. 93-164

and adopted in House, Senate,

and Conference passed versions

of H.R. 7447, which was later

vetoed by the President.]

Prohibits obligation or

expenditure of funds

“heretofore or hereafter

appropriated” to finance the

involvement of U.S. military

forces in North Vietnam, South

Vietnam, Laos or Cambodia or

to provide direct or indirect

assistance to North Vietnam

“unless specifically authorized

hereafter by the Congress.”

[As reported by the Senate

Foreign Relations committee

and adopted in the Senate

(modified in conference., see #5

for an enacted version of the

language).]

H.Rept.

93-164

S.Rept.

93-160

S.Rept.

93-176

H.Rept. 93295

H. Adopted

235-172

S. Adopted 8111

Adopted

219-188

Adopted

as part of

H.R. 7447

284-96

Adopted as

part of H.R.

7447

73-5

Adopted as

part of H.R.

7645

67-15

Date

Enacted

Public

Law #, Appendix

Section

Vetoed June

27, 1973

[See # 4,

the Second

Supp.

Approp.

Act, 1973]

ȱȱȱǯǯȱ¢ȱȱ

Year

1999

Bill #

H.R.

1569

1999

H.R.

1664

Legislative

Vehicle

Common

Name of

Amdt.

Military

Operations in

the Federal

Republic of

Yugoslavia

Limitation Act of

1999

Emergency Steel

Loan Guarantee

and Emergency

Oil and Gas

Guaranteed

Loan Act of

1999

Istook

Committee Reports

Votes on amdt./rpt.

House Senate Conference House

Senate

FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Prohibits obligating or

expending funds appropriated

to the Defense Department for

the deployment of “ground

elements” of the U.S. Armed

Forces in the Federal Republic

of Yugoslavia unless that

deployment is specifically

authorized by law except to

rescue U.S. or NATO military

personnel or U.S. civilians.

[As introduced and passed by

the House.]

States that none of the funds

appropriated by this act are

available to implement “any plan

to invade the Federal Republic

of Yugoslavia with ground

forces” of the U.S. “except in

time of war.”

[As introduced and rejected.]

, Congressional reports and public law, as cited above.

Note: Table prepared by name redacted and name redacted.

Source: Congressional Record

ȬŗŚȱ

Date

Enacted

Public

Law #, Appendix

Section

Adopted

249-180

Rejected

117-301

ȱȱȱǯǯȱ¢ȱȱ

Table 2. Non-Funding Restrictions on Military Operations

Year

1970

Bill #

H.R.

15628

Legislative

Vehicle

Common

Name of

Amdt.

To Amend the

Foreign Military

Sales Act, and

for Other

Purposes

Repeal of the

Gulf of

Tonkin

Resolution

[Introduced

by Dole]

Committee Reports

Votes on amdt./rpt.

House Senate Conference

House

Senate

NON-FUNDING RESTRICTIONS ON MILITARY OPERATIONS

ENACTED

Brief Description

Repealed the August 10, 1964

Gulf of Tonkin Resolution

which had given congressional

approval to the Johnson

Administration “to take all

necessary measures to repel

an armed attack against the

forces of the United States

and to prevent any further

aggression” as of the

adjournment of the 91

Congress, January 2, 1971.

Called for the termination of

military operations in

Indochina at “the earliest

practicable date,” and for a

withdrawal of all forces,

subject to the return of all

American prisoners of war.

Also urged the President to

negotiate with North Vietnam

a date for the withdrawal of

all forces, an immediate ceasefire agreement, and a series of

phased and rapid withdrawals

of U.S. forces in return for the

release of prisoners of war.

Called for the termination of

military operations in

Indochina at “the earliest

practicable date,” and for a

withdrawal of all forces,

subject to the return of all

American prisoners of war.

Public Appendix

Date

Law

Enacted Section

H.Rept. 911805

Adopted,

voice vote

Adopted, voice

vote

12-Jan-71

P.L. 91672

Sec. 12

H.Rept. 92433

Adopted

298-108

[Conf. Rpt]

Adopted 55-30

[Conf. Rpt.]

28-Sep71

P.L. 92129

Sec. 401

H.Rept. 92618

Adopted by

voice vote

[Conf. Rpt.]

Adopted 65-19

[Conf. Rpt.]

17-Nov71

P.L. 92156

Sec. 601

1971

H.R. 6531

Military

Selective

Service Act of

1967,

Amendments

Mansfield

1971

H.R. 8687

Armed Forces,

Approp.

Authorization

1972

Mansfield

Ȭŗśȱ

ȱȱȱǯǯȱ¢ȱȱ

Year

1993

Bill #

H.R. 2401

Legislative

Vehicle

National

Defense

Authorization

Act for Fiscal

Year 1994

Common

Name of

Amdt.

Gephardt

Committee Reports

Votes on amdt./rpt.

House Senate Conference

House

Senate

NON-FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Also urged the President to

set a final date for the

withdrawal of all forces, to

negotiate a cease-fire

agreement with North

Vietnam, and to negotiate

with North Vietnam a series

of phased and rapid

withdrawals of U.S. forces in

return for the release of

prisoners of war.

Sense of the Congress

resolution that the President

“should consult closely with

the Congress” about U.S.

policy in Somalia, particularly

the deployment of troops,

required the President to

report to Congress on the

goals, objectives, and

“anticipated duration in

Somalia” of U.S. forces; Stated

that Congress “believes” the

President should “seek and

receive congressional

authorization” for the

continued deployment of U.S.

forces in Somalia by

November 15, 1993.

NON-

1971

H.R. 6531

ȬŗŜȱ

Military

Selective

Service Act of

1967,

Amendments

Mansfield

H.Rept. 103357

Adopted

Gephardt

amdt. with

this language

405-23

Adopted

conf. rpt.

273-135

Adopted Conf.

Rpt. 77-22

Public Appendix

Date

Law

Enacted Section

30-Nov93

P.L. 103160

Sec.

1512

ENACTED AMENDMENTS WITH ROLL CALL VOTES

Declared it to be U.S. policy

to “terminate at the earliest

practicable date all military

operations of the United

States in Indochina,” and

“provide for a prompt and

orderly withdrawal of all” U.S.

Amended the

Cook amdt., in

the nature of a

substitute (see

#12 for the

Cook amdt.).

Adopted, 57-42

ȱȱȱǯǯȱ¢ȱȱ

Year

1971

Bill #

H.R. 8687

Ȭŗŝȱ

Legislative

Vehicle

Armed Forces,

Approp.

Authorization

1972

Common

Name of

Amdt.

Mansfield

Committee Reports

Votes on amdt./rpt.

House Senate Conference

House

Senate

NON-FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

military forces within nine

months of enactment subject

to the release of all American

prisoners of war. “Urges and

directs the President” to set a

withdrawal date and negotiate

with North Vietnam a ceasefire agreement with “a series

of rapid and phased

withdrawals” of U.S. forces in

return for release of U.S.

prisoners of war.

[As introduced to amend the

Cook amdt. (see #12) (later

revised in conference).]

Declared it to be U.S. policy

to “terminate at the earliest

practicable date all military

operations of the United

States in Indochina,” and

“provide for a prompt and

orderly withdrawal of all” U.S.

military forces within six

months of enactment subject

to the release of all American

prisoners of war. “Urges and

directs the president” to set a

withdrawal date and negotiate

with North Vietnam a ceasefire agreement with “a series

of rapid and phased

withdrawals” of U.S. forces in

return for release of U.S.

prisoners of war.

[As introduced (later revised

in conference).]

Public Appendix

Date

Law

Enacted Section

Language

revised in

conference.

See # 24 for

revised version

that became a

public law.

Adopted 57-38

Language

revised in

conference.

See # 26 for

revised version

that became a

public law.

ȱȱȱǯǯȱ¢ȱȱ

Year

Bill #

1972

H.R. 16029

1993

H.Con.Res.

170

Legislative

Vehicle

Common

Name of

Amdt.

Foreign

Assistance Act

of 1972

Hamilton

Department of

Defense

Approp. Act,

1994

Gilman

Committee Reports

Votes on amdt./rpt.

House Senate Conference

House

Senate

NON-FUNDING RESTRICTIONS ON MILITARY OPERATIONS

Brief Description

Terminates the “involvement

of” U.S. forces in hostilities on

or over Indochina and

requires withdrawal of those

forces by October 1, 1972 if

there is a verified cease-fire

between the United States

and North Vietnam and its

allies allowing for a safe

withdrawal of U.S. forces, and

subject to release of all

American prisoners of war

and accounting for all

Americans missing in action.

[As reported in H.Rept. 921273 (later stripped out).]

Directs the President to

remove U.S. armed forces

from Somalia by January 31,

1994 citing requirement in the

War Powers Act to remove

U.S. forces unless there is a

declaration of war or specific

Congressional authorization if

Congress passes a concurrent

resolution.

[As introduced (later

amended to set a March 31,

1994, rather than January 31,

1994, deadline).]

H.Rept.

921273

Public Appendix

Date

Law

Enacted Section

Provision

included in

H.Rept. 921273 and

then was

stripped out

of H.R.

16029 by the

Bolling amdt,

adopted 229177.

Adopted

224-203

Adopted an

amdt., setting

March 31

deadline,

226-201

, Congressional reports and public law, as cited above.

Notes: Numbers in the Appendix column are not sequential in order to segregate enacted and non-enacted provisions in the Mansfield Amendment, whereas the

Appendix itself follows the chronological progression of the Mansfield amendment. Table prepared by name redacted and name redact

ed.

Source: Congressional Record

ȬŗŞȱ

ȱȱȱǯǯȱ¢ȱȱ

¡ǯ ¡ȱȱȱȱȱȱ

ȱȱȱ¢ȱȱ

1. Cooper-Church Amendment, P.L. 91-652, H.R. 19911

Sec. 7. (a) In line with the expressed intention of the President of the United States, none of the

funds authorized or appropriated pursuant to this or any other act may be used to finance the

introduction of United States ground troops into Cambodia, or to provide United States advisers

to or for Cambodian military forces in Cambodia; (b) military and economic assistance provided

by the United States to Cambodia and authorized or appropriated pursuant to this or any other act

shall not be construed as a commitment by the United States to Cambodia for its defense.

2. Continuing Appropriations, P.L. 93-52, H.J.Res. 636

Sec. 108. Notwithstanding any other provision of law, on or after August 15, 1973, no funds

herein or heretofore appropriated may be obligated or expended to finance directly or indirectly

combat activities by United States military forces in or over or from off the shores of North

Vietnam, South Vietnam, Laos or Cambodia.

3. Continuing Appropriations, 1974, P.L. 93-124, H.J.Res. 727

Resolved by the Senate and House of Representatives of the United States of America in

Congress assembled, That clause (c) of section 102 of the joint resolution of July 1, 1973 (P.L.

93-52), is hereby amended by striking out “September 30, 1973” and inserting in lieu thereof “the

sine die adjournment of the first session of the Ninety-third Congress”.

4. Second Supplemental Appropriations Act, P.L. 93-50, H.R. 9055

Sec. 304. No funds appropriated in this Act shall be expended to aid or assist in the reconstruction

of the Democratic Republic of Vietnam (North Vietnam).

Sec. 307. None of the funds herein appropriated under this Act may be expended to support

directly or indirectly combat activities in or over Cambodia, Laos, North Vietnam and South

Vietnam or off the shores of Cambodia, Laos, North Vietnam and South Vietnam by United States

forces, and after August 15, 1973, no other funds heretofore appropriated under any other Act

may be expended for such purpose.

5. Department of State Authorization, P.L. 93-126, H.R. 7645

Sec. 13. Notwithstanding any other provision of law, on or after August 15, 1973, no funds

heretofore or hereafter appropriated may be obligated or expended to finance the involvement of

United States military forces in hostilities in or over or from off the shores of North Vietnam,

South Vietnam, Laos, or Cambodia, unless specifically authorized hereafter by the Congress.

Notwithstanding any other provision of law, upon enactment of this Act, no funds heretofore or

hereafter appropriated may be obligated or expended for the purpose of providing assistance of

any kind, directly or indirectly, to or on behalf of North Vietnam, unless specifically authorized

hereafter by the Congress.

ȱȱȱ

ŗşȱ

ȱȱȱǯǯȱ¢ȱȱ

6. Foreign Assistance Act of 1974, P.L. 93-559, S. 3394

Sec. 38. Limitations With Respect to South Vietnam

(4)(B)(f) (1) Effective six months after the date of enactment of this section, the total number of

civilian officers and employees, including contract employees, of executive agencies of the

United States Government who are citizens of the United States and of members of the Armed

Forces of the United States present in South Vietnam shall not at any one time exceed four

thousand, not more than two thousand five hundred of whom shall be members of such armed

forces and direct hire and contract employees of the Department of Defense. Effective one year

after the date of enactment of this section, such total number shall not exceed at any one time

three thousand, not more than one thousand five hundred of whom shall be members of such

armed forces and direct hire and contract employees of the Department of Defense.

7. Byrd Amendment, P.L. 103-139, H.R. 3116

Sec. 8151. (B) United States combat forces in a security role and as an interim force protection

supplement to United Nations units: Provided, That funds appropriated, or otherwise made

available, in this or any other Act to the Department of Defense may be obligated for expenses

incurred only through March 31, 1994, for the operations of United States Armed Forces in

Somalia: Provided further, That such date may be extended if so requested by the President and

authorized by the Congress: Provided further, That funds may be obligated beyond March 31,

1994 to support a limited number of United States military personnel sufficient only to protect

American diplomatic facilities and American citizens, and noncombat personnel to advise the

United Nations commander in Somalia: Provided further, That United States combat forces in

Somalia shall be under the command and control of United States commanders under the ultimate

direction of the President of the United States: Provided further, That the President should

intensify efforts to have United Nations member countries immediately deploy additional troops

to Somalia to fulfill previous force commitments made to the United Nations and to deploy

additional forces to assume the security missions of United States Armed Forces....

8. Cooper-Church Amendment, H.R. 15628, Senate Foreign Relations Committee Amdt. No.

3, H.R. 15628

In concert with the declared objectives of the President of the United States to avoid the

involvement of the United States in Cambodia after July 1, 1970, and to expedite the withdrawal

of American forces from Cambodia, it is hereby provided that unless specifically authorized by

law hereafter enacted, no funds authorized or appropriated pursuant to this act or any other law

may be expended after July 1, 1970 for the purpose of:

(1) retaining United States forces in Cambodia;

(2) paying the compensation or allowances of, or otherwise supporting, directly or indirectly, any

United States personnel in Cambodia who furnish military instruction to Cambodian forces or

engage in any combat activity in support of Cambodian forces;

(3) entering into or carrying out any contract or agreement to provide military instruction in

Cambodia or to provide persons to engage in any combat activity in support of Cambodian

forces; or

ȱȱȱ

ŘŖȱ

ȱȱȱǯǯȱ¢ȱȱ

(4) conducting any combat activity in direct support of Cambodian forces; nothing contained in

this section shall be deemed to impugn the constitutional power of the President as Commander

in Chief, including the exercise of that constitutional power which may be necessary to protect

the lives of U.S. armed forces wherever deployed; nothing contained in this section shall be

deemed to impugn the constitutional powers of the Congress including the power to declare war

and to make rules for the government and regulation of the armed forces of the United States.

9. McGovern-Hatfield Amendment, H.R. 17123

(a) In accordance with public statements of policy by the President, no funds authorized by this or

any other act may be obligated or expended to maintain a troop level of more than 280,000 armed

forces of the United States in Vietnam after April 30, 1971.

(b) After April 30, 1971, funds herein authorized or hereafter appropriated may be expended in

connection with activities of American Armed Forces in and over Indochina only to accomplish

the following objectives:

(1) the orderly termination of military operations there and the safe and systematic

withdrawal of remaining armed forces by December 31, 1971;

(2) to secure the release of prisoners of war;

(3) the provision of asylum for Vietnamese who might be physically endangered by

withdrawal of American forces; and

(4) to provide assistance to the Republic of Vietnam consistent with the foregoing objectives;

provided however, that if the President while giving effect to the foregoing paragraphs of this

section, finds in meeting the termination date that members of the American armed forces are

exposed to unanticipated clear and present danger, he may suspend the application of paragraph

2(a) for a period not to exceed 60 days and shall inform the Congress forthwith of his findings;

and within 10 days following application of the suspension the President may submit

recommendations, including (if necessary) a new date applicable to subsection b(1) for

Congressional approval.

10. McGovern-Hatfield Amendment, H.R. 6531

Sec. 302. (a) Subject to the provisions of subsection (c) of this section, no funds authorized or

appropriated under this or any other law may be expended after December 31, 1971, to support

the deployment of United States Armed Forces in or the conduct of United States military

operations in or over Indochina.

(b) Nothing in this section shall be construed to affect the authority of the President to:

(1) provide for the safety of American armed forces during the withdrawal from Indochina,

(2) arrange asylum or other means of protection for South Vietnamese, Cambodians, and Laotians

who might be physically endangered by the withdrawal of American armed forces, or

(3) to provide assistance to the nations of Indochina, in amounts approved by the Congress,

consistent with the objectives of this section.

ȱȱȱ

Řŗȱ

ȱȱȱǯǯȱ¢ȱȱ

adversary forces in Indochina holding American prisoners of war have not made arrangements for

the release and repatriation, by December 31, 1971, of all such prisoners:

(1) the date in subsection (a) shall be extended for sixty days, and

(2) the Congress may by joint resolution authorize such further action as is recommended by the

President to secure the release and repatriation of American prisoners of war.

11. Chiles Amendment, H.R. 6531

Sec. 302. (a) Subject to the provisions of subsection (c) of this section, no funds authorized or

appropriated under this or any other law may be expended after June 1, 1972, to support the

deployment or maintenance of United States Armed Forces in or the conduct of United States

military operations in or over Indochina.

(b) Nothing in this section shall be construed to affect the authority of the President to:

(1) provide for the safety of American Armed Forces during their withdrawal from Indochina,

(2) arrange asylum or other means of protection for South Vietnamese, Cambodians, and Laotians

who might be physically endangered by the withdrawal of American Armed Forces, or

(3) to provide assistance to the nations of Indochina, in amounts approved by the Congress,

consistent with the objectives of this section.

Indochina holding American prisoners of war or Americans designated as missing in action but

held as prisoners of war have not completed the release and repatriation of all such prisoners and

missing in action by a date 60 days prior to the date in subsection (a).

12. Cook Amendment, H.R. 6531

Sec. 302. (a) (1) It is hereby declared to be the policy of the United States to terminate all

involvement of the United States Armed Forces in Indochina as soon as practicable, and to

withdraw, within a period not to exceed nine months, all United States military forces and

equipment from South Vietnam, Laos and Cambodia.

(2) Subject to the provisions of subsection (b) of this section, no funds authorized or appropriated

under this or any other law may be expended after nine months from the date of enactment of this

section to support the deployment of United States Armed Forces in, or the conduct of United

States military operations in or over, South Vietnam, Laos, Cambodia, or North Vietnam.

(b) If, after the expiration of sixty days following the date of enactment of this section, the

President has been unable to obtain a firm commitment from the North Vietnamese Government

for the release of all United States personnel held captive by that Government and by forces allied

with that Government, he shall promptly report such fact to the Congress in writing, and on and

after the fifteenth day following the date on which such report is received by the Congress the

provisions of subsection (a) of this section shall have no further force and effect unless the

Congress provides for an extension of such provisions as hereinafter provided. Within fifteen

days after receiving a report from the President under this subsection, the Congress may

ȱȱȱ

ŘŘȱ

ȱȱȱǯǯȱ¢ȱȱ

determine under the following procedures whether the provisions of subsection (a) of this section

shall be continued in effect notwithstanding the President’s report:

(1) any bill or resolution providing that subsection (a) of this section shall continue in effect

notwithstanding the report of the President, shall, if sponsored or cosponsored by one-third of the

Members of the House of Congress in which it originates, be considered reported to the floor of

such House no later than one day following its introduction, unless the members of such House

otherwise determine by yeas and nays; and any such bill or resolution referred to a committee

after having passed one House of Congress shall be considered reported from such committee

within three days after it is referred to such committee, unless the Members of the House

referring it to committee shall otherwise determine by yeas and nays; and

(2) any bill or resolution reported pursuant to paragraph (1) of this subsection shall immediately

become the pending business of the House to which it is reported, and shall be voted upon within

three days after such report, unless such House shall otherwise determine by yeas and nays.

(1) provide for the safety of the Armed Forces of the United States during their withdrawal from

South Vietnam, Laos, and Cambodia,

(2) arrange asylum or other means of protection for South Vietnamese, Cambodians, and Laotians

who might be physically endangered by the withdrawal of Armed Forces of the United States, or

(3) provide assistance as specified by the Congress to the nations of Indochina, in amounts

approved by the Congress, consistent with the objectives of this section.

13. Nedzi-Whalen Amendment, H.R. 8687

Sec. 502 (a) No funds authorized to be appropriated pursuant to this Act may be expended after

December 31, 1971, to support the deployment of U.S. military personnel or the conduct of any

U.S. military operations in or over South Vietnam, North Vietnam, Cambodia, or Laos.

(b) If the President determines that the above limitations will not permit the safe and orderly

withdrawal of all U.S. military personnel from Vietnam, or ensure the return of prisoners of war,

he shall recommend to the Congress legislation setting another date within the fiscal year which

will permit the accomplishment of these objectives.

Commander-in-Chief.

(d) This section shall not be construed to affect the power of the President to provide for (1)

asylum or other means to provide for the safety of citizens of the Republic of Vietnam who may

be endangered by withdrawal of U.S. forces , and (2) military and economic assistance to

Cambodia, Laos, or the Republic of Vietnam consistent with the objectives of this section.

(e) This section shall not be construed to limit the use of funds for purposes which may be

necessary to ensure the return of prisoners of war.

(f) This section shall not be construed to prohibit the assignment of customary military

personnel to diplomatic missions.

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14. Gravel Amendment, H.R. 8687

Title VI—Cessation of Bombing in Indochina

Sec. 601. (a) No funds authorized or appropriated under this or any other law may be expended

after the date of enactment of this Act to bomb, rocket, napalm, or otherwise attack by air, any

target whatsoever within the Kingdom of Cambodia, the Kingdom of Thailand, the Democratic

Republic of Vietnam, and the Kingdom of Laos.

(b) No funds authorized or appropriated under this or any other law may be expended after

the date of enactment of this Act to bomb, rocket, napalm, or otherwise attack by air, any target

whatsoever within the Republic of Vietnam unless the President determines any such air

operation to be necessary to provide for the safety of the United States Armed Forces during the

withdrawal from Indochina.

15. Cooper-Church Amendment, H.R. 9910

Withdrawal of United States Forces From Indochina

Sec. 406. (a) The Congress hereby finds that the repeal of the joint resolution entitled “Joint

Resolution to promote the maintenance of international peace and security in Southeast Asia”,

approved August 10, 1964 (Public Law 88-408), known as the Gulf of Tonkin Resolution, has left

the Government of the United States without congressional authority for continued participation

in the war in Indochina. Therefore, in order to bring an end to the involvement of the armed

forces of the United States in the hostilities in Indochina, to secure the safe return of the United

States’ prisoners of war held by North Vietnam and its allies, and to help bring about a political

settlement of the war in Indochina, it is the sense of the Congress that it should be the policy of

the United States to provide for the expeditious withdrawal from Indochina of all United States

armed forces.

(b) On and after the date of enactment of this Act, in order to carry out the policy of

withdrawal of all United States armed forces from Indochina, funds authorized for use by such

forces by this or any other Act may be used only for the purpose of withdrawal of all such forces

from Indochina and may not be used for the purpose of engaging such forces in hostilities in

North or South Vietnam, Cambodia, or Laos, except for actions necessary to protect those forces

against imminent danger as they are withdrawn.

16. Cranston Amendment, H.R. 15495

(a) Notwithstanding any provision of this or any other Act, all United States military forces,

including combat and support forces, stationed in South Vietnam, shall be withdrawn in a safe

and orderly manner from South Vietnam no later than October 1, 1972. No funds shall be

authorized, appropriated, or used for the purpose of maintaining any United States military forces,

including combat and support forces in South Vietnam after October 1, 1972.

(b) The involvement of United States military forces, land, sea, or air for the purpose of

maintaining, supporting, or engaging in hostilities in or over Indochina shall terminate after an

agreement for (1) a verified cease-fire between United States Forces and the National Liberation

Front and those allied with the National Liberation Front, and

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(2) the release of all United States prisoners of war held by the Government of North Vietnam and

forces allied with such Government, and

(3) an accounting for all Americans missing in action who have been held by or known to such

Government of such forces. An accounting for such American personnel referred to above shall

be subject to verification by the International Red Cross or any other international body mutually

agreed to by the President of the United States and the Government of North Vietnam.

17. Brooke Amendment, H.R. 15495

Sec. 13. (a) Funds authorized or appropriated by this or any other Act for United States forces

with respect to military actions in Indochina may be used only for the purposes of withdrawing all

United States ground, naval, and air forces from Vietnam, Laos, and Cambodia and protecting

such forces as they are withdrawn. The withdrawal of all United States forces from Vietnam,

Laos, and Cambodia shall be carried out within four months after the date of enactment of this

act: Provided,

That there is a release within the four month period of all American prisoners of war held by the

Government of North Vietnam and all forces allied with such Government.

18. Supplemental Appropriations, H.R. 7447

Title III, Sec. 304. No funds appropriated in this Act shall be expended to aid or assist in the

reconstruction of the Democratic Republic of Vietnam (North Vietnam).

Sec. 305. None of the funds herein appropriated under this Act or heretofore appropriated under

any other Act may be expended to support directly or indirectly combat activities in, over or from

off the shores of Cambodia or in or over Laos by United States forces.

19. Addabbo Amendment, H.R. 7447

On Page 6, strike out lines 9 through 12.

[Affected language, from H.Rept. 93-449: ‘General Provisions: Section 735 of the Department of

Defense Appropriation Act, 1973, is amended by deleting “750,000,000” and inserting

“1,180,000,000” in lieu thereof.’]

20. Case-Church Amendment, H.R. 7645

Notwithstanding any other provision of law upon enactment of this act, no funds heretofore or

hereafter appropriated may be obligated or expended to finance the involvement of United States

military forces in hostilities in or over or from off the shores of North Vietnam, South Vietnam,

Laos or Cambodia unless specifically authorized hereafter by the Congress. Notwithstanding any

other provision of law, upon enactment of this act, no funds heretofore or hereafter appropriated

may be obligated or expended for the purpose of providing assistance of any kind, directly or

indirectly, to or on behalf of North Vietnam unless specifically authorized hereafter by the

Congress.

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21. Military Operations in the Federal Republic of Yugoslavia Limitation Act of 1999, H.R.

1569

Sec. 2. Prohibition on use of Department of Defense Funds for deployment of United States

Ground Forces to the Federal Republic of Yugoslavia without specific authorization by law.

(a) In General.—None of the funds appropriated or otherwise available to the Department of

Defense may be obligated or expended for the deployment of ground elements of the United

States Armed Forces in the Federal Republic of Yugoslavia unless such deployment is specifically

authorized by a law enacted after the enactment of this Act.

(b) Rule of Construction.—The prohibition in subsection (a) shall not apply with respect to the

initiation of missions specifically limited to rescuing United States military personnel or United

States citizens in the Federal Republic of Yugoslavia or rescuing military personnel of another

member nation of the North Atlantic Treaty Organization in the Federal Republic of Yugoslavia as

a result of operations as a member of an air crew.

22. Istook Amendment, H.R. 1664

Sec. 503. None of the funds appropriated by this Act shall be available for the implementation of

any plan to invade the Federal Republic of Yugoslavia with ground forces of the United States,

except in time of war.

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22. Gulf of Tonkin Resolution, Repeal, P.L. 91-672, H.R. 15628

Sec. 12. The joint resolution entitled “Joint resolution to promote the maintenance of international

peace and security in Southeast Asia”, approved August 10, 1964 (78 Stat. 384; Public Law 88408), is terminated effective upon the day that the second session of the Ninety-first Congress is

last adjourned.

24. Mansfield Amendment, P.L. 92-129, H.R. 6531

Title IV—Termination of Hostilities in Indochina

Sec. 401. It is hereby declared to be the sense of Congress that the United States terminate at the

earliest practicable date all military operations of the United States in Indochina, and provide for

the prompt and orderly withdrawal of all United States military forces at a date certain subject to

the release of all American prisoners of war held by the Government of North Vietnam and forces

allied with such Government, and an accounting for all Americans missing in action who have

been held by or known to such Government or such forces. The Congress hereby urges and

requests the President to implement the above expressed policy by initiating immediately the

following actions:

(1) Negotiate with the Government of North Vietnam for an immediate cease-fire by all

parties to the hostilities in Indochina.

(2) Negotiate with the Government of North Vietnam for the establishing of a final date for

the withdrawal from Indochina of all military forces of the United States contingent upon the

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release at a date certain of all American prisoners of war held by the Government of North

Vietnam and forces allied with such Government.

(3) Negotiate with the Government of North Vietnam for an agreement which would provide

for a series of phased and rapid withdrawals of United States military forces from Indochina

subject to a corresponding series of phased releases of American prisoners of war, and for the

release of any remaining American prisoners of war concurrently with the withdrawal of all

remaining military forces of the United States by not later than the date established pursuant to

paragraph (2) hereof.

25. Mansfield Amendment, H.R. 6531

Title V—Termination of Hostilities in Indochina

Sec. 302. It is hereby declared to be the policy of the United States to terminate at the earliest

practicable date all military operations of the United States in Indochina, and to provide for the

prompt and orderly withdrawal of all United States military forces not later than nine months

after the date of enactment of this section subject to the release of all American prisoners of war

held by the Government of North Vietnam and forces allied with such Government. The Congress

hereby urges and requests the President to implement the above expressed policy by initiating

immediately the following actions:

(1) Establishing a final date for the withdrawal from Indochina of all military forces of the United

States contingent upon the release of all American prisoners of war held by the Government of

North Vietnam and forces allied with such Government, such date to be not later than nine

months after the date of enactment of this Act.

(2) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to

the hostilities in Indochina.

(3) Negotiate with the Government of North Vietnam for an agreement which would provide for a

series of phased and rapid withdrawals of United States military forces from Indochina in

exchange for a corresponding series of phased releases of American prisoners of war, and for the

release of any remaining American prisoners of war concurrently with the withdrawal of all

remaining military forces of the United States by not later than the date established by the

President pursuant to paragraph (1) hereof or by such earlier date as may be agreed upon by the

negotiating parties.

26. Mansfield Amendment, P.L. 92-156, H.R. 8687

Title VI—Termination of Hostilities in Indochina

Sec. 601. (a) It is hereby declared to be the policy of the United States to terminate at the earliest

practicable date all military operations of the United States in Indochina, and to provide for the

prompt and orderly withdrawal of all United States military forces at a date certain, subject to the

release of all American prisoners of war held by the Government of North Vietnam and forces

allied with such Government and an accounting for all Americans missing in action who have

been held by or known to such Government or such forces. The Congress hereby urges and

requests the President to implement the above expressed policy by initiating immediately the

following actions:

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(1) Establishing a final date for the withdrawal from Indochina of all military forces of the

United States contingent upon the release of all American prisoners of war held by the

Government of North Vietnam and forces allied with such Government and an accounting for all

Americans missing in action who have been held by or known to such Government or such

forces.

(2) Negotiate with the Government of North Vietnam for an immediate cease-fire by all

parties to the hostilities in Indochina.

(3) Negotiate with the Government of North Vietnam for an agreement which would provide

for a series of phased and rapid withdrawals of United States military forces from Indochina in

exchange for a corresponding series of phased releases of American prisoners of war, and for the

release of any remaining American prisoners of war concurrently with the withdrawal of all

remaining military forces of the United States by not later than the date established by the

President pursuant to paragraph (1) hereof or by such earlier date as may be agreed upon by the

negotiating parties.

27. Mansfield Amendment, H.R. 8687

Title VI—Termination of Hostilities in Indochina

Sec. 601. (a) It is hereby declared to be the policy of the United States to terminate at the earliest

practicable date all military operations of the United States in Indochina, and to provide for the

prompt and orderly withdrawal of all United States military forces not later than six months after

the date of enactment of this section subject to the release of all American prisoners of war held

by the Government of North Vietnam and forces allied with such Government. The Congress

hereby urges and requests the President to implement the above expressed policy by initiating

immediately the following actions:

(1) Establishing a final date for the withdrawal from Indochina of all military forces of the United

States contingent upon the release of all American prisoners of war held by the Government of

North Vietnam and forces allied with such Government, such date to be not later than six months

after the date of enactment of this Act.

(2) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to

the hostilities in Indochina.

(3) Negotiate with the Government of North Vietnam for an agreement which would provide for a

series of phased and rapid withdrawals of United States military forces from Indochina in

exchange for a corresponding series of phased releases of American prisoners of war, and for the

release of any remaining American prisoners of war concurrently with the withdrawal of all

remaining military forces of the United States by not later than the date established by the

President pursuant to paragraph (1) hereof or by such earlier date as may be agreed upon by the

negotiating parties.

28. National Defense Authorization Act for Fiscal Year 1994, P.L. 103-160, H.R. 2401

Sec. 1512. Involvement of Armed Forces in Somalia.

(a) Sense of Congress Regarding United States Policy Towards Somalia.—

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(1) Since United States Armed Forces made significant contributions under Operation Restore

Hope towards the establishment of a secure environment for humanitarian relief operations and

restoration of peace in the region to end the humanitarian disaster that had claimed more than

300,000 lives.

(2) Since the mission of United States forces in support of the United Nations appears to be

evolving from the establishment of “a secure environment for humanitarian relief operations,” as

set out in United Nations Security Council Resolution 794 of December 3, 1992, to one of

internal security and nation building.

(b) Statement of Congressional Policy.—

(1) Consultation with the Congress.—The President should consult closely with the Congress

regarding United States policy with respect to Somalia, including in particular the deployment of

United States Armed Forces in that country, whether under United Nations or United States

command.

(2) Planning.—The United States shall facilitate the assumption of the functions of United States

forces by the United Nations.

(3) Reporting Requirement.—

(A) The President shall ensure that the goals and objectives supporting deployment of United

States forces to Somalia and a description of the mission, command arrangements, size, functions,

location, and anticipated duration in Somalia of those forces are clearly articulated and provided

in a detailed report to the Congress by October 15, 1993.

(B) Such report shall include the status of planning to transfer the function contained in paragraph

(2).

(4) Congressional Approval.—Upon reporting under the requirements of paragraph (3) Congress

believes the President should by November 15, 1993, seek and receive congressional

authorization in order for the deployment of United States forces to Somalia to continue.

29. Hamilton Amendment, H.R. 16029

Sec. 13. Notwithstanding any provision of this or any other Act, the involvement of United States

land, sea, and air forces, for the purpose of maintaining, supporting, or engaging in hostilities in

or over Indochina shall terminate and such forces shall be withdrawn not later than October 1,

1972, subject to a cease-fire between the United States and North Vietnam and those allied with

North Vietnam to the extent necessary to achieve safe withdrawal of such remaining forces, and

subject to the release of all American prisoners of war held by the Government of North Vietnam

and forces allied with such Government and an accounting for all Americans missing in action

who have been held by or known to such Government or such forces. The accounting for the

American prisoners of war and missing in action referred to above shall be subject to verification

by the International Red Cross or by any other international body mutually agreed to by the

President of the United States and the Government of North Vietnam.

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30. Gilman Amendment, H.Con.Res. 170

Sec. 1. Finding that the United States Armed Forces in Somalia are engaged in hostilities.

For purposes of sections 5(c) and 7 of the War Powers Resolution (50 U.S.C. 1544(c) and 1546),

the Congress finds that the United States Armed Forces in Somalia are engaged in hostilities

without a declaration of war or specific statutory authorization.

Sec. 2. Removal of Armed Forces from Somalia.

Pursuant to section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)), the Congress hereby

directs the President to remove the United States Armed Forces from Somalia by January 31,

1994.

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(name redacted)

Specialist in U.S. Defense Policy and Budget

[redacted]@crs.loc.gov, 7-....

(name redacted)

Information Research Specialist

[redacted]@crs.loc.gov, 7-....

(name redacted)

Information Research Specialist

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Asian Affairs

[redacted]@crs.loc.gov, 7-....

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