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1975/10/13 HJR683 United States Participation in a Sinai Early-warning System
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1975/10/13 HJR683 United States Participation in a Sinai Early-warning System
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The original documents are located in Box 31, folder "10/13/75 HJR683 United States Participation in a Sinai Early-warning System" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Signed APPROVED75 OCT 13 10/13 ACTION THE WHITE HOUSE Last Day: October 22 WASHINGTON October 10, 1975 FOR THE PRESIDENT & FROM: JIM CANNON SUBJECT: H.J. Res. 683 - United States Participation in a Sinai Early-warning 10/14/75 System Attached for your consideration is H.J. Res. 683, sponsored by Representatives Morgan and Broomfield, which authorizes the President to implement the United States proposal for an early-warning system in Sinai involving the assignment of up to 200 United States civilian personnel to Sinai to carry out certain noncombat functions. A discussion of the resolution is provided in OMB's enrolled bill report at Tab A. OMB, NSC, Max Friedersdorf, Counsel's Office (Chapman) and I recommend approval of the resolution. RECOMMENDATION That you sign H.J. Res. 683 at Tab B. LIBRARY GERALD ? FORD Digitized from Box 31 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library Sves RESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE ORIGINO OFFICE OF MANAGEMENT AND BUDGET SERVICE STATES WASHINGTON, D.C. 20503 OCT 10 1975 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Resolution H.J. Res. 683 - United States participation in a Sinai early- warning system Sponsor - Rep. Morgan (D) Pa. and Rep. Broom- field (R) Mich. Purpose Authorizes the President to implement the United States proposal for an early-warning system in Sinai involving the assignment of up to 200 United States civilian per- sonnel to Sinai to carry out certain noncombat functions in connection with the proposal. Agency Recommendations Office of Management and Budget Approval Department of State Approval (Informally) National Security Council Approval (Informally) Department of Defense Defers to State (Informally) Discussion On September 4, 1975, Egypt and Israel signed a basic agreement in which both parties pledged, among other things, to resolve the conflict between them and in the Middle East not by military force but by peaceful means. An integral factor in the conclusion of the agreement was the United States proposal to participate in an early- warning system in Sinai. The agreement will not take effect until Congress approves the United States role in connection with surveillance and observation functions under the early-warning system. H.J. Res. 683 provides the requisite congressional approval contemplated by the agreement for the President to imple- ment the "United States Proposal for the Early-Warning System in Sinai." The authority is subject to the condi- RD tions that any United States civilian personnel assigned 2 to Sinai under the proposal shall be removed immediately (1) in the event of an outbreak of hostilities between Egypt and Israel or (2) if Congress by concurrent resolu- tion determines that the safety of such personnel is jeop- ardized or that continuation of their role is no longer necessary. Am amendment added on the House floor further states: "Nothing contained in this resolution shall be construed as granting any authority to the President with respect to the introduc- tion of United States Armed Forces into hostilities or into situations wherein in- volvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution." This language, which is identical to a provision in the War Powers Act (P.L. 93-148), is apparently intended to assure that H.J.Res. 683 does not grant any additional war powers authority to the President beyond that which he has now under existing law. Although the House International Relations Committee's report on H. Res. 683 indicates that State Department witnesses testified before the Committee that the executive branch did not object to the first two provisos noted above, Justice has typically opposed the inclusion of simi- lar concurrent resolution provisions in law on the grounds they circumvent the President's constitutional role in the legislative process. We would point out, however, that current laws, including the War Powers Act, contain such provisions. The enrolled joint resolution stipulates that United States civilian personnel assigned to Sinai must be volunteers. In its report, the House International Relations Committee stated that, " it is the expectation of this committee that none of the Americans serving in such a capacity in the Sinai will be an employee of any foreign intelligence gathering agency of the U.S. Government." The Committee report further notes that executive branch witnesses testi- fied that they did not intend to employ as civilian techni- cians anyone presently employed by the Central Intelligence Agency or any other foreign intelligence gathering agencies. 3 H.J.Res. 683 also requires the President to submit written reports to Congress at least once every six months for as long as United States civilian personnel continue to par- ticipate in the early-warning system. The reports are to cover the status, scope, and anticipated duration of the participation of such personnel and the feasibility of ending or reducing their participation as soon as possible by substituting foreign nationals or by making technologi- cal changes. The final section of H.J.Res. 683 states that the authority in the joint resolution to implement United States partici- pation in the early-warning system does not signify con- gressional approval of any other agreement, understanding, or commitment made by the executive branch. In further elaboration of this disclaimer, the report of the House International Relations Committee states: "It is intended to make clear that the au- thority contained in this joint resolution to implement the 'United States Proposal for the Early-Warning System in Sinai' does not, and shall not in any way be construed to, constitute congressional approval, acceptance, or endorsement (1) of any other oral or writ- ten commitment, understanding, assurance, promise, or agreement, whether expressed or implied, or any other expression, oral or written, by any official of the United States which Israel, Egypt, or any other nation or organization might construe or interpret as a basis on which it could rely or act; or (2) of any characterization of any such commit- ment, understanding, assurance, promise, or agreement, or other expression, as constitut- ing a 'codification' of existing, congres- sionally approved, U.S. policy." In this connection, prior to the issuance of the Committee's report, you said in your letter of September 30, 1975, to several Members of Congress: "The issue before the Congress now is whether the Congress will approve acceptance by the United States of the role that has been pro- posed for it. There are other issues which 4 the Congress must eventually consider in connection with our continuing relations, policies, and programs in the Middle East-- particularly our programs of military and economic assistance there. The Congress will want to consider those carefully at the appropriate time, but they are not in- tegral to the implementation of the Agree- ment between Egypt and Israel. Voting in favor of the U.S. role in the Early-Warning System will not commit anyone to take a position one way or another on these issues." James m. Frey Assistant Director for Legislative Reference Enclosures FORD is 878020 LIBRARY THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 639 Date: Octobe#10, 1975 Time: 500pm FOR ACTION: NSC/S on CC (for information): Jack Marsh oh Max Friedersdorf oh Robert Hartmann Ken Lazarus oh Jim Cavanaugh Warren Hendriks FROM THE STAFF SECRETARY DUE: Date: October 10 Time: 600pm SUBJECT: H.J. Res. 683 - U.S. participation in a Sinai early-warning system ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing The Staff Secretary's office has asked that this bill be ready for the President when he returns tonight. FORD is LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please KI in ChaManiSugh telephone the Staff Secretary immediately. For the President WHITE HOUSE ACTION MEMORANDU WASHINGTON LOG NO.: 639 Date: October10, Time: 500pm FOR ACTION: NSC/S CC (for information): Jack Marsh Max Friedersdorf m6. Robert Hartmann Ken Lazarus Jim Cavanaugh Warren Hendriks FROM THE STAFF SECRETARY DUE: Date: October 10 Time: 600pm SUBJECT: H.J. Res. 683 - U.S. participation in a Sinai early-warning system ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing The Staff Secretary's office has asked that this bill be ready for the President when he returns tonight. FORD is 07V330 LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Jim Cavanaugh telephone the Staff Secretary immediately. 94TH CONGRESS HOUSE OF REPRESENTATIVES DOCUMENT 1st Session No. 94-262 U.S. PARTICIPATION IN THE MIDDLE EAST EARLY WARNING SYSTEM COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES URGING ACTION ON THE PROPOSED UNITED STATES ROLE IN THE EARLY WARNING SYSTEM PROVIDED FOR IN THE AGREEMENTS SIGNED BETWEEN THE GOVERNMENTS OF EGYPT AND ISRAEL ON SEPTEMBER 4 IN GENEVA SEPTEMBER 30, 1975.-Referred to the Committee on International Relations and ordered to be printed THE WHITE HOUSE, Washington, September 29, 1975. The Honorable the SPEAKER OF THE U.S. HOUSE OF REPRESENTATIVES, Washington, D.C. DEAR MR. SPEAKER: I am writing to emphasize the importance of a Congressional decision in the coming week on U.S. participation in the Early Warning System which is an integral part of the Agree- ment signed between the Governments of Egypt and Israel on Septem- ber 4 in Geneva. Over the past two years, our Government has played an essential role in helping defuse the tensions in the Middle East. We have chosen this course because we recognized, as has every American Administra- tion over the past 30 years, that the issues involved in that troubled area are central to the American national interest. The September 4 agreement, like the two preceding disengagement agreements, was negotiated with the assistance of the United States. The parties themselves have described it as a significant step towards peace in the Middle East. It will reduce the risks of war, create new opportunities for negotiating peace, and help provide a stable environ- ment in which global economic dislocations can be avoided. This Agree ment is in the overall national interest of the United States. There would have been no Agreement without provision for Ameri- can participation in the Early Warning System. That System is de- signed to reduce the danger of surprise attack, and the parties to the LIBRARY 57-011 2 Agreement were able to agree to entrust the System only to the United States. The special American role was the only one in which both sides had adequate confidence. I want to be certain that the leaders of the Congress fully under- stand the consequences of further delay in acting on this important matter. The first step in the implementation of the basic Agreement under the timetable negotiated and agreed to by Egypt and Israel in Geneva on September 22 is scheduled to be taken October 5. This process will not begin, however, until the Congress has acted on the proposed United States role in the Early Warning System. Delay in Congres- sional action will, therefore, delay implementation of the basic Agree- ment. It will risk causing the lengthy and difficult negotiations on the entire five-month implementing timetable to be reopened. It will pre- vent a lessening of the risks of war. If for any reason the agreement should fail, the responsibility would be heavy indeed. The issue before the Congress now is whether the Congress will ap- prove acceptance by the United States of the role that has been pro- posed for it. There are other issues which the Congress must eventually consider in connection with our continuing relations, policies, and programs in the Middle East-particularly our programs of military and economic assistance there. The Congress will want to consider those carefully at the appropriate time, but they are not integral to the implementation of the Agreement between Egypt and Israel. Vot- ing in favor of the U.S. role in the Early Warning System will not commit anyone to take a position one way or another on these issues. In summary, I met with the leadership three weeks ago to describe what was involved in the new Agreement between Egypt and Israel and to request urgent approval of U.S. participation in its imple- mentation. This question has been under intensive discussion in the Congress for nearly three weeks. All relevant papers and all U.S. commitments related to the Agreement have been submitted to the appropriate committees of the Congress. If action is not completed in the coming week, the United States will be in the position of holding up implementation of an Agreement which two key Middle Eastern countries have signed as a significant step towards peace. The Middle East is an area where American policy has long had broad bipartisan support. The issue presently before the Congress offers an opportunity to reaffirm that tradition and to demonstrate how the Executive and Legislative branches can work together on a foreign policy matter of high importance to the national interest and for the benefit of world peace. I, therefore, urge strongly that action be completed as early as possible and no later than Friday, October 3. Sincerely, GERALD R. FORD. O H.D. 262 MEMORANDUM NATIONAL SECURITY COUNCIL 6835 October 10, 1975 MEMORANDUM FOR: JIM CAVANAUGH FROM: Jeanne W. Dav m SUBJECT: H.J. Res. 683 To confirm my telephone conversation today, the NSC staff concurs in H.J. Res. 683 - U.S. participation in a Sinai early- warning system. FORD LIBRARY 19/10/15 Covernangh EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 4 WASHINGTON, D.C. 20503 OCT 10 1975 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Resolution H.J. Res. 683 - United States participation in a Sinai early- warning system Sponsor - Rep. Morgan (D) Pa. and Rep. Broom- field (R) Mich. Purpose Authorizes the President to implement the United States proposal for an early-warning system in Sinai involving the assignment of up to 200 United States civilian per- sonnel to Sinai to carry out certain noncombat functions in connection with the proposal. Agency Recommendations Office of Management and Budget Approval Department of State Approval (Informally) National Security Council Approval (Informally) Department of Defense Defers to State (Informally) Discussion On September 4, 1975, Egypt and Israel signed a basic agreement in which both parties pledged, among other things, to resolve the conflict between them and in the Middle East not by military force but by peaceful means. An integral factor in the conclusion of the agreement was the United States proposal to participate in an early- warning system in Sinai. The agreement will not take effect until Congress approves the United States role in connection with surveillance and observation functions FORD under the early-warning system. H.J. Res. 683 provides the requisite congressional approval LIBRARY contemplated by the agreement for the President to imple- ment the "United States Proposal for the Early-Warning System in Sinai." The authority is subject to the condi- tions that any United States civilian personnel assigned 2 to Sinai under the proposal shall be removed immediately (1) in the event of an outbreak of hostilities between Egypt and Israel or (2) if Congress by concurrent resolu- tion determines that the safety of such personnel is jeop- ardized or that continuation of their role is no longer necessary. Am amendment added on the House floor further states: "Nothing contained in this resolution shall be construed as granting any authority to the President with respect to the introduc- tion of United States Armed Forces into hostilities or into situations wherein in- volvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution. " This language, which is identical to a provision in the War Powers Act (P.L. 93-148), is apparently intended to assure that H.J.Res. 683 does not grant any additional war powers authority to the President beyond that which he has now under existing law. Although the House International Relations Committee's report on H. J. Res. 683 indicates that State Department witnesses testified before the Committee that the executive branch did not object to the first two provisos noted above, Justice has typically opposed the inclusion of simi- lar concurrent resolution provisions in law on the grounds they circumvent the President's constitutional role in the legislative process. We would point out, however, that current laws, including the War Powers Act, contain such provisions. The enrolled joint resolution stipulates that United States civilian personnel assigned to Sinai must be volunteers. In its report, the House International Relations Committee stated that, " it is the expectation of this committee that none of the Americans serving in such a capacity in the Sinai will be an employee of any foreign intelligence gathering agency of the U.S. Government." The Committee report further notes that executive branch witnesses testi- fied that they did not intend to employ as civilian techni- cians anyone presently employed by the Central Intelligence Agency or any other foreign intelligence gathering agencies. 3 J. Res. 683 also requires the President to submit written reports to Congress at least once every six months for as long as United States civilian personnel continue to par- ticipate in the early-warning system. The reports are to cover the status, scope, and anticipated duration of the participation of such personnel and the feasibility of ending or reducing their participation as soon as possible by substituting foreign nationals or by making technologi- cal changes. The final section of H.J.Res. 683 states that the authority in the joint resolution to implement United States partici- pation in the early-warning system does not signify con- gressional approval of any other agreement, understanding, or commitment made by the executive branch. In further elaboration of this disclaimer, the report of the House International Relations Committee states: "It is intended to make clear that the au- thority contained in this joint resolution to implement the 'United States Proposal for the Early-Warning System in Sinai' does not, and shall not in any way be construed to, constitute congressional approval, acceptance, or endorsement (1) of any other oral or writ- ten commitment, understanding, assurance, promise, or agreement, whether expressed or implied, or any other expression, oral or written, by any official of the United States which Israel, Egypt, or any other nation or organization might construe or interpret as a basis on which it could rely or act; or (2) of any characterization of any such commit- ment, understanding, assurance, promise, or agreement, or other expression, as constitut- ing a 'codification" of existing, congres- sionally approved, U.S. policy." In this connection, prior to the issuance of the Committee FORD report, you said in your letter of September 30, 1975 to several Members of Congress: "The issue before the Congress now is whether the Congress will approve acceptance by the United States of the role that has been pro- posed for it. There are other issues which 4 the Congress must eventually consider in connection with our continuing relations, policies, and programs in the Middle East-- particularly our programs of military and economic assistance there. The Congress will want to consider those carefully at the appropriate time, but they are not in- tegral to the implementation of the Agree- ment between Egypt and Israel. Voting in favor of the U.S. role in the Early-Warning System will not commit anyone to take a position one way or another on these issues." (Signed) James M. Frey Assistant Director for Legislative Reference Enclosures FORDO & 87007 LIBRA 94TH CONGRESS 1st Session } HOUSE OF REPRESENTATIVES { REPORT No. 94-532 TO IMPLEMENT THE UNITED STATES PROPOSAL FOR THE EARLY-WARNING SYSTEM IN SINAI REPORT OF THE COMMITTEE ON INTERNATIONAL RELATIONS TOGETHER WITH SUPPLEMENTAL AND ADDITIONAL VIEWS ON House Joint Resolution 683 OCTOBER 6, 1975.-Committed to the Committee of the Whole House on State of the Union and ordered to be printed FORD w LIBRA 02830 the U.S. GOVERNMENT PRINTING OFFICE 59-525 o WASHINGTON : 1975 CONTENTS Page Principal purpose of the resolution 1 Committee action 1 Committee recommendations. 2 COMMITTEE ON INTERNATIONAL RELATIONS Role of the United States in Middle East negotiations 4 Chronology of events in the Middle East THOMAS E. MORGAN, Pennsylvania, Chairman 1974 4 CLEMENT J. ZABLOCKI, Wisconsin WILLIAM S. BROOMFIELD, Michigan 1975 5 WAYNE L. HAYS, Ohio EDWARD J. DERWINSKI, Illinois Provisions of the basic agreements 9 L. H. FOUNTAIN, North Carolina PAUL FINDLEY, Illinois Effects of the basic agreements 10 DANTE B. FASCELL, Florida JOHN H. BUCHANAN, JR., Alabama Disengagement agreement 11 CHARLES C. DIGGS, JR., Michigan J. HERBERT BURKE, Florida Zone of limited armaments 12 ROBERT N. C. NIX, Pennsylvania PIERRE S. DU PONT, Delaware Egyptian commitments 12 DONALD M. FRASER, Minnesota CHARLES W. WHALEN, JR., Ohio Warning stations 12 BENJAMIN S. ROSENTHAL, New York EDWARD G. BIESTER, JR., Pennsylvania Buffer zones 13 LEE H. HAMILTON, Indiana LARRY WINN, JB., Kansas The American presence 13 LESTER L. WOLFF, New York BENJAMIN A. GILMAN, New York Costs of technicians to the United States 13 JONATHAN B. BINGHAM, New York TENNYSON GUYER, Ohio Cost estimate 15 GUS YATRON, Pennsylvania ROBERT J. LAGOMARSINO, California Statements required by rule IX (1) (3) of House rules 15 ROY A. TAYLOR, North Carolina A. Oversight findings and recommendations 15 MICHAEL HARRINGTON, Massachusetts B. Budget authority 15 LEO J. RYAN, California C. Congressional Budget Office estimate and comparison 15 CHARLES WILSON, Texas D. Committee on Government Operations summary 15 DONALD W. RIEGLE, JR., Michigan Inflationary impact statement 15 CARDISS COLLINS, Illinois Section-by-section analysis: STEPHEN J. SOLARZ, New York Prefatory clauses 15 HELEN S. MEYNER, New Jersey Clause 1 15 DON BONKER, Washington Clause 2 16 Clause 3 16 Clause 4 16 Resolved clauses 16 MARIAN A. CZARNECKI, Chief of Staff Section 1-Implementation 16 JOHN H. SULLIVAN, Senior Staff Consultant Section 2-Concurrent resolution "privilege" 16 ROBERT K. BOYER, Staff Consultant Section 3-Volunteers 17 JAMES T. SCHOLLAERT, Staff Consultant Section 4-Reporting requirements 17 HELEN C. MATTAS, Staff Consultant Section 5-Interpretation of resolution 19 SANDRA P. REINHARDT, Staff Assistant Appendix: Texts of the Agreement between Egypt and Israel, and the annex to the Egypt-Israel agreement 21 (II) Supplemental views of Hon. Clement J. Zablocki 25 Additional views of Hon. Clement J. Zablocki and Hon. Paul Findley 29 Additional views of Hon. Lee H. Hamilton 31 Additional views of Hon. Stephen J. Solarz, Hon. Benjamin S. Rosenthal, and Hon. Charles Wilson 39 Additional views of Hon. William S. Broomfield 41 (III) 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-532 TO IMPLEMENT THE UNITED STATES PROPOSAL FOR THE EARLY-WARNING SYSTEM IN SINAI OCTOBER 6, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. MORGAN, from the Committee on International Relations, submitted the following REPORT together with SUPPLEMENTAL AND ADDITIONAL VIEWS [To accompany H.J. Res. 683] The Committee on International Relations, to whom was referred the joint resolution (H.J. Res. 683) to implement the United States proposal for the early-warning system in Sinai, having considered the same, report favorably thereon without amendment and recommend that the joint resolution do pass. PRINCIPAL PURPOSE OF THE RESOLUTION The principal purpose of this resolution is to give congressional authorization to the President to implement the United States pro- posal for an early-warning system in the Sinai Peninsula. That proposal provides that up to 200 civilian technicians of U.S. citizenship may be assigned to early-warning facilities in the Mitla and Giddi Passes region of the Sinai, to help insure compliance with an agreement between the Government of Egypt and the Government of Israel. COMMITTEE ACTION On September 1, 1975, the President transmitted to the govern- ments of Egypt and Israel identical proposals for U.S. participation in an early-warning system. As a result of that proposal, those govern- (1) 2 3 ments signed an agreement with each other on September 4, 1975. The Both parties-Egypt and Israel-are willing to place their text of the U.S. proposal subsequently was submitted to the Congress trust in the United States to monitor the peace agreement in a for approval. fair and impartial way, a role not sought by our Nation but one On September 8, Secretary of State Henry A. Kissinger appeared thrust upon it by circumstances. before the House International Relations Committee in both open and The role of the technicians will be far different from that executive sessions to discuss the agreement. On September 11, 18, and played by our U.S. combat advisory role in Vietnam our 200 23, testimony was heard from Hon. Joseph J. Sisco, Under Secretary advisers in Sinai will have purely technical, not military, tasks to of State for Political Affairs. On October 1, the committee took testi- perform. mony from Deputy Assistant Secretary of State Harold H. Saunders Recognizing the serious issues involved, and having no feasible and technical experts from the Department of Defense. On Septem- alternative, the only responsible course for the Congress is to ber 25, the committee held public hearings, receiving testimony from approve the implementation of the agreement, as requested by the representatives of the Liberty Lobby and the American Friends Serv- executive branch, but with adequate safeguards. ice Committee. There is a clear relationship between this resolution and the On October 2, the committee met to mark up a draft resolution of overall Egyptian-Israeli agreement. If we disapprove this reso- approval proposed by Chairman Thomas E. Morgan and the ranking lution, the Egyptian-Israeli agreement will likely be, voided and minority member, Hon. William S. Broomfield. Four amendments such an impasse immeasurably increases the possibility of the were adopted and the chairman was instructed by the committee to resumption of hositilities in the Middle East. This connection, introduce the draft as a house joint resolution. That was accomplished which is both implicit and explicit, makes it more important that on October 2. The following day the committee met and by a vote of Congress act immediately. 31 to 0, ordered the resolution, House Joint Resolution 683, favorably Failure to act this week jeopardizes the Egyptian-Israeli agree- reported to the House of Representatives. ment, the implementation of which is geared to the calendar. The agreement's implementation is meant to start this week and the COMMITTEE RECOMMENDATIONS Congress should not counter the timetable and wishes of the parties by delaying action. The House International Relations Committee has spent almost 1 We believe adequate safeguards are provided for in House Joint month giving its consideration to the question of whether or not to Resolution 683. Specifically, the resolution contains the following approve the sending of up to 200 American civilian technicians to the requirements: Sinai Peninsula in order to implement an Egyptian-Israeli peace The American technicians must be removed immediately if settlement. fighting breaks out, or if Congress through a veto-proof con- The time was well spent. A variety of complex issues were involved current resolution directs their removal. in the approval which required thorough attention and discussion in The technicians must be civilians who have voluntarily asked the Congress. Further, there was a need to avoid the kind of haste to be given this mission, not Federal employees assigned to the which in times past sometimes accompanied congressional action in- task. volving national commitments: for example, the Gulf of Tonkin Resolution. The President must report semi-annually to the Congress on the status of the technician force, including on the possibility of At an appropriate point, deliberation must give way to action. This replacing the American presence with an alternative. the committee did on October 3 when it voted by 31 to 0 to approve the sending of the technicians. The resolution of approval does not extend to any other agree- It did so, on the basis of the following factors: ments or commitments which may have been made in the larger As the chronology included in this report makes clear, the context of a Middle East peace settlement. The approval con- United States has been intimately involved in seeking a Middle tained in House Joint Resolution 683 relates only to the matter East solution for a very long time, and most particularly since the immediately at hand the sending of the technicians to Sinai. October 1973 war. In other words, the Congress will have the following future oppor- This involvement follows from the vital United States interest tunities with regard to the Sinai agreement if this resolution is passed: in peace in the Middle East, interest reflected by basic U.S. sup- To remove the technicians regardless of the view in the execu- tive branch. port for the independence and sovereignty of Israel. It is rein- forced by concern over future disruptions in petroleum supplies To review the status of the technicians closely every 6 months for the duration of their mission; and which a new outbreak of hostilities in the region could provoke. The October 1973 war proved expensive to the United States: To give its approval or disapproval to other agreements which $2.2 billion for resupply to Israel, an estimated $15-$20 billion may be in the Middle East Settlement, for which the administra- cost in the impact of the oil embargo, and billions more in indirect tion will have to request authority or funds in the future. costs to the Nation's economy from the recession which was caused As a result of these many considerations, the committee urges the at least in part by higher petroleum charges. overwhelming approval of the House of Representatives for this joint resolution. 4 5 ROLE OF THE UNITED STATES IN MIDDLE EAST NEGOTIATIONS May 31-The accords, achieved by Secretary Kissinger in his latest The October 1973 war in the Middle East made it clear to all round of "shuttle diplomacy," were signed in Geneva. Israel and Americans that conflict in that part of the world entails considerable Syria accepted a separation of forces, a U.N.-policed buffer zone risks and costs to the United States. between them and a gradual thinning out of forces. There are risks of U.S. military involvement, including direct con- June 4-Secretary of State Henry Kissinger briefed the Committee on frontation with the Soviet Union and its attendant dangers of nuclear Foreign Affairs on his peacemaking efforts between Syria and Israel. war. There are costs which affect the lives of all Americans. The oil em- June 14-Presidents Nixon and Sadat issued a joint statement outlin- bargo of 1973-74 not only meant personal inconvenience to millions ing plans for U.S. assistance to Egypt in nuclear technology, estab- of Americans at the gasoline pumps, but it helped trigger the most lishment of a Joint Cooperation Commission, and the setting up of working groups to prepare concrete development programs. severe recession the United States has experienced in 30 years. June 17-President Nixon, in Jerusalem, promised to negotiate an Because the safety and welfare of all Americans are directly in- agreement with Israel to provide nuclear aid for peaceful purposes. volved in what happens in the Middle East, it is a vital interest of the June 23-Israel evacuated the last portion of Golan Heights territory United States to ease tensions in that region. occupied in the October 1973 war. For that reason the United States, since October 1973, has made a September 10-Israeli Prime Minister Rabin met in Washington with major effort to obtain peaceful solutions to the longstanding disputes of the Middle East, particularly those related to hostilities between President Ford (sworn in Aug. 9), who said the United States Israel and its Arab neighbors. would remain "committed to Israel's survival and security." A chronology of events related to these American initiatives follows: September 13-In a press conference ending a 4-day visit to Washing- ton, Israeli Prime Minister Yitzhak Rabin said that pledges of CHRONOLOGY OF EVENTS IN THE MIDDLE EAST nonbelligerency from Arab countries would have to accompany any further Israeli withdrawals from occupied territories. (In the 1974 United States to seek expanded U.S. military aid to Israel in the amount of $1.5 billion a year, Rabin told Jewish leaders that he January 9-Egypt and Israel suspended the Geneva Conference on was encouraged by his reception from President Ford and other Troop Disengagement Along the Suez Front to await new media- U.S. officials.) tion by U.S. Secretary of State Henry A. Kissinger, who arrived September 30-State Department spokesman Robert Anderson said in Egypt 2 days later. that Secretary Kissinger would spend 5 days beginning October 9 anuary 11-17-Secretary Kissinger shuttled back and forth between in visits to Egypt, Syria, Jordan, and Israel. Egypt and Israel, conferring with Egyptian and Israeli officials October 23.-The U.N. extended its peacekeeping force in the Sinai regarding disengagement. for 6 months. anuary 18-Egypt and Israel signed an agreement to disengage their November 6-Israel's Information Minister Aharon Yariv told news- troops along the Suez Canal. men that his country had received assurances from the United anuary 25-Israeli forces began the Suez withdrawal. States of "an important additional amount of arms," which would anuary 28-The pullback lifted the siege of the city of Suez and "get to Israel as soon as possible." ended the isolation of the Egyptian III Corps on the east bank. November 6-Secretary Kissinger received expressions of support anuary 30-Prime Minister Meir said that Israel had no interest in from President Sadat and King Faisal for continuing his step- retaining territories occupied in October 1973; that disengagement by-step personal diplomacy. talks could not begin until Syria provided a list of POW's and December 3-Israel's Foreign Minister Allon told Parliament that an allowed Red Cross visits; and that no negotiations with Arab Ter- unpublished section of the Egypt-Israel disengagement agreement rorist organizations would occur in Geneva. signed in January called for Israel access to the Suez Canal once February 28-The United States and Egypt renewed full diplomatic it is reopened. relations after a 7-year break. December 5-Israel's Prime Minister Rabin told a Tel Aviv high March 4-Disengagement of Egyptian and Israeli troops along the school audience that, while Israel was willing to make territorial Suez front was completed. compromises, "under no circumstances" would there be a return March 18-The United States joined in the international operation to to the pre-1967 war boundaries. clear obstructions in the Suez Canal, closed since the 1967 war. pril 18-President Sadat said Egypt will not longer rely solely on 1975 the Soviet Union for arms. May 29-Syria and Israel reached agreement, scheduled to be signed January 15-17-Israeli Foreign Minister Allon concluded 3 days of in Geneva May 31, on a cease-fire and disengagement of forces on talks with American leaders in Washington and announced that the Golan Heights. Secretary of State Kissinger had agreed "in principle" to go to Israel as soon as he could. 59-525 O 75 2 6 7 January 20-It was reported that Israel had asked the United States for more than $2 billion in economic and military assistance for March 30-Egyptian officials announced that Israeli bound cargo the next fiscal year. aboard ships of third nations, as well as Israeli ships, would be anuary 22-Egyptian President Sadat criticized the Soviet Union banned from using the Suez Canal when it is opened to inter- national traffic. for its "unfriendly attitude" toward Egypt and said he continued March 31-Secretary Schlesinger said that the United States would to have full confidence in the U.S.-sponsored step-by-step ap- proach to a Middle East settlement. be "reluctant" to enter into any new arms commitments to Israel while the reassessment of American policy in the Middle East was anuary 23-Defense Secretary Schlesinger said that he was confident going on. the United States could provide the resources to sustain Israeli April 1-Egypt formally asked the United States and the Soviet forces if there is another Middle East war, and affirmed the "mil- Union to reconvene the Geneva peace conference on the Middle itary feasibility" of intervention in Middle East oil areas to pre- East. vent national strangulation. January 23-The administration informed Congress that it will sell pril 6-Israel Defense Minister Peres said that Israel would make "significant concessions" toward peace if Egypt opened the Suez Israel about 200 Lance missiles, a short-range missile capable of carrying nuclear warheads. Canal as promised on June 5, 1975, although he did not spell out what those concessions would be. February 17-Secretary Kissinger and Soviet Foreign Minister Gro- April 8-It was reported that Israel and Egypt had informed the myko concluded talks in Geneva without any apparent resolution United States of their interest in a new American mediation of differences between Soviet demands for an immediate resump- effort, but that Secretary Kissinger was wary of becoming in- tion of the Geneva conference and Kissinger's "step-by-step" volved again until he was convinced that an agreement was approach to a disengagement in the Sinai. certain. February 18-Egypt confirmed it is getting Soviet arms, including April 10-In his foreign policy speech to Congress, President Ford Mig-23 fighters, from the Soviet Union for the first time since said the United States was going ahead with reconvening the the 1973 war, but Foreign Minister Ismail Fahmy said the Geneva Conference, but added that he and Secretary Kissinger weapons do not replace losses of that war and that Egypt will not "will move ahead on whatever course looks most promising, either return to the Geneva Conference until they are replaced. towards an overall settlement or interim agreements, should the February 19-Secretary Kissinger, concluding his 10-day Middle East parties desire them." trip, reported "some progress" toward a framework for negotiat- April 12-Egyptian President Anwar Sadat said in an interview that ing an Egyptian-Israeli accord on the Sinai. U.S. mediation in the Middle East was no longer enough and that March 8-In a new round of shuttle diplomacy, Kissinger sought fur- the United States must state clearly that it wants Israel to with- ther disengagement in the Sinai. draw to its borders of 1967. March 22-Kissinger suspended his efforts to draw Israel and Egypt May 5-U.S. officials confirmed that the United States had agreed to into new accords, calling the breakdown "a sad day for America." supply Jordan with an air-defense system, including Hawk Obstacles included the fate of Israeli-held Abu Rudeis oil fields, ground-to-air missiles. Mitla and Giddi passes and an Egyptian pledge and nonbeliger- May 20-In Vienna, Secretary Kissinger and Soviet Foreign Minister ency. Gromyko, after 2 days of talks, agreed to postpone resumption of March 23-Secretary Kissinger returned to Washington from the the Geneva Conference on the Middle East until fall. Middle East following the failure of his "shuttle diplomacy" to June 2-President Ford and Egyptian President Sadat ended a 2-day produce an Arab-Israeli accord. (This appeared to end Kissin- meeting in Salzburg, Austria, with agreement on the urgent need ger's "step-by-step" approach toward a Middle East settlement, to break the diplomatic stalemate in the Arab-Israeli conflict, but leaving a return to the Geneva peace talks likely.) with uncertainty as to what course to take. (Ford said the United March 24-President Ford ordered a total reexamination of U.S. pol- States was prepared to provide Egypt with current assistance for icy toward the Middle East following the collapse of Secretary long-range economic development, and that he would "work with Kissinger's efforts to attain a new agreement. our Congress to give reality to this continuing pledge.") March 25-King Faisal of Saudi Arabia was assassinated in Riyadh June 4-Israel completed a unilateral withdrawal, announced on June by a nephew reportedly suffering mental illness. In an orderly 2, of some of its forces from areas it occupied close to the Suez transition, his brother, Crown Prince Khalid assumed the throne. Canal. March 27-In an interview, President Ford said that Middle East June 5-Egypt officially reopened the Suez Canal to international peace would have been better served had Israel been more flexible shipping. in the recent negotiations with Egypt. June 12-Israeli Prime Minister Rabin concluded 2 days of talks in March 29-Egyptian President Sadat announced that he would re- Washington with President Ford and administrative officials, say- open the Suez Canal to international shipping on June 5, 1975, ing that he believed there was "a basis for negotiation" of a new and that he would renew the mandate of the U.N. force in Sinai agreement with Egypt, but many questions remained as to Egypt's for 3 more months when its terms expired April 24, 1975. readiness to meet some of Israel's demands. 8 9 June 18-Egyptian officials said Egypt had agreed in principle to re- PROVISIONS OF THE BASIC AGREEMENTS sume negotiations on an interim settlement. (The Israeli Cabinet gave its approval for renewed diplomatic efforts on June 17.) Those portions of the Middle East settlement which are involved June 24-Israel proposed a new disengagement agreement with Egypt in and affected by House Joint Resolution 683 are encompassed in that would last 3-to-4 years and would include a land corridor to three documents: the Abu Rudeis oilfields and withdrawal of Israeli troops from The Agreement betweenEgypt and Israel; the western reaches of the Mitla and Giddi passes. The Annex to the Egypt-Israel Agreement; and June 30-Denying reports from Israel of a U.S. ultimatum, President The United States Proposal for an Early-Warning System Ford said the United States would have no choice but to suggest in Sinai. a reconvening of the Geneva Conference unless there was "a meet- The texts of these agreements have been made public by mutual ing of the minds" on an interim Egyptian-Israeli agreement. agreement of the parties and have been provided by the executive July 8-Egypt, Israel, and Secretary Kissinger denied world rumors branch to the Congress.1 Only the U.S. proposal directly involves a that new Sinai accords were imminent. national commitment of the United States and it is specifically that July 12-It was disclosed that, following a meeting between Secretary document which would be approved by the passage of this resolution. Kissinger and Israeli Prime Minister Rabin in Bonn, remaining The text of the proposal follows; the texts of the Egypt-Israel agree- differences to be resolved for a new interim agreement included: ments may be found in the appendix. (1) the precise location of a new cease-fire line; (2) Egyptian access to the Abu Rudeis oilfield; and (3) corollary U.S. assur- PROPOSAL ances of economic, political, and military support for Israel. (Out- standing issues concerned Israeli electronic surveillance stations In connection with the Early Warning System referred to monitoring approaches west of the Mitla and Giddi passes, pro- in Article IV of the Agreement between Egypt and Israel tection of defense facilities at Bir Gilgafa, and access to Sharm concluded on this date and as an integral part of that Agree- al Shaikh.) ment, (hereafter referred to as the Basic Agreement), the July 15-Egypt avowed it would not renew the U.N. forces mandate United States proposes the following: in the Sinai unless progress toward peace is made, and accused 1. The Early Warning System to be established in accord- Israel of exploiting the state of "no war, no peace" to perpetuate ance with Article IV in the area shown on the map attached its Sinai occupation. to the Basic Agreement will be entrusted to the United States. July 24-U.N. Security Council approved a 3-month extension of It shall have the following elements: the emergency force in Sinai after Egypt dropped opposition to a. There shall be two surveillance stations to provide renewal of the mission. strategic early warning, one operated by Egyptian and one July 25-Rabin termed Egypt's new disengagement proposals "sub- operated by Israeli personnel. Their locations are shown on stantially not acceptable," but better than the one in March when the map attached to the Basic Agreement. Each station shall Kissinger's shuttle diplomacy collapsed. be manned by not more than 250 technical and administrative August 17-Israeli cabinet endorsed Rabin stand on new Sinai nego- personnel. They shall perform the functions of visual and tiations, paving the way for new direct negotiations by Kissinger. electronic surveillance only within their stations. Cairo also approved of new Kissinger mediation. b. In support of these stations, to provide tactical early August 21-Secretary Kissinger arrived in Israel to begin a new warning and to verify access to them, three watch stations round of "shuttle diplomacy" aimed at reaching a new Israeli- shall be established by the United States in the Mitla and Egyptian interim agreement. Giddi Passes as will be shown on the map attached to the Basic August 24-Israeli official said agreement reached on setting up early Agreement. These stations shall be operated by United States warning installations, to be manned partly by American tech- civilian personnel. In support of these stations, there shall be nicians, in the Sinai, thus clearing away one last major obstacle established three unmanned electronic sensor fields at both to new accords. ends of each Pass and in the general vicinity of each station September 1-In separate ceremonies in Jerusalem and Alexandria, and the roads leading to and from those stations. Israeli and Egyptian leaders initialed new Sinai pact. Israel 2. The United States civilian personnel shall perform the yielded to Egyptian demands that it withdraw from Sinai moun- following duties in connection with the operation and mainte- tain passes and return Abu Rudeis oilfields, and Egypt made sev- nance of these stations: eral political concessions. Kissinger initialed provisions for sta- a. At the two surveillance stations described in paragraph tioning of U.S. technicians in the Sinai. Ford asked that Congress 1a. above, United States civilian personnel will verify the na- approve the nw U.S. Middle East role. September 4-New Sinai pact was formally signed by Israeli and 1 In addition to these public agreements, several other agreements and assurances were made to Egypt and Israel by the United States which were provided to the Congress in Egyptian representatives during brief ceremony in Geneva. classified form by the executive branch. They have not been submitted to Congress for approval at this time. 10 11 ture of the operations of the stations and all movement into and out of each station and will immediately report any de- tected divergency from its authorized role of visual and elec- Line Line E Port tronic surveillance to the Parties to the Basic Agreement and Bor Pulad Line Line K to the United Nations Emergency Force. b. At each watch station described in paragraph 1b. above, ISRAEL the United States civilian personnel will immediately report to the Parties to the Basic Agreement and to the United Na- tions Emergency Force any movement of armed forces, other than the United Nations Emergency Force, into either Pass Buffer Zone 1 and any observed preparations for such movement. c. The total number of United States civilian personnel as- signed to functions under this Proposal shall not exceed 200. Only civilian personnel shall be assigned to functions under this Proposal. 3. No arms shall be maintained at the stations and other fa- Early Warning System Area cilities covered by this Proposal, except for small arms re- quired for their protection. 4. The United States personnel serving the Early Warning System shall be allowed to move freely within the area of the System. 5. The United States and its personnel shall be entitled to have such support facilities as are reasonably necessary to per- SINAI Line M form their functions. EGYPT 6. The United States personnel shall be immune from local criminal, civil, tax and customs jurisdiction and may be ac- Remain Forewn ares corded any other specific privileges and immunities provided for in the United Nations Emergency Force Agreement of Egypt-Israel Agreement Watter Zonn-2A September 1975 February 13, 1957. Line E The Egyptian line 7. The United States affirms that it will continue to perform 1 mg J: The Isreeli See M The fines E and J will extend 12 the functions described above for the duration of the Basic nactical miles into the Maditerraness Sea perpendicular to the direction of Agreement. the canst and the area between the SAUDI lines will be U.M. beffer zone Belier Zone- 8. Notwithstanding any other provision of this Proposal, Line K The funit of the Israell area of ARABIA limited forces and armaments Line the United States may withdraw its personnel only if it con- The limit of the Egyptian area of limited forces and armaments Line M cludes that their safety is jeopardized or that continuation of The line separating the Israch-con- trelled area from: the area south of Sas E and west of Not #: and the their role is no longer necessary. In the latter case the Parties areas of buffer zones 2A and 2B BIA The buffer zone between lines E to the Basic Agreement will be informed in advance in order and J. BZ-2A $ The buffer ZOROS stoog the Gulf of to give them the opportunity to make alternative arrange- 82-28 Suer X- Read section for common use ments. If both Parties to the Basic Agreement request the E-1 Egyptian surveillance station J-1 Israeli survaillance station United States to conclude its role under this Proposal, the U.S.A.W.S. U.S.A. watch stations 1,2,8 3 USA-ESF U.S.A. electranic sensor fields 1.2.3. United States will consider such requests conclusive. U.N. Posts in the Hamam Farsun area. 9. Technical problems including the location of the watch stations will be worked out through consultation with the United States. HENRY A. KISSINGER, DISENGAGEMENT AGREEMENT Secretary of State. At the beginning of the negotiations the Egyptian line was along EFFECTS OF THE BASIC AGREEMENTS Line E of the map, about 10 kilometers from the Suez Canal. The Israeli line was about 20 kilometers from the Suez Canal, and there As explained to the committee by the Secretary of State in his ap- were small zones of limited armaments behind it. In the agreement pearance September 8, the provisions and effects of these agreements that has been negotiated, the Egyptian line will move forward to the can best be seen by reference to a map of the Sinai area. (See map on former Israeli line. The Israelis will withdraw on the central front a facing page.) distance of 30 to 50 kilometers. In the area along the Gulf of Suez, for a distance of about 150 kilometers, Egyptian sovereignty will be re- 12 13 stored, but the area is to be without military forces, installations, force and because both parties had confidence only in the United States or fortifications. It is under Egyptian civilian administration, with for manning these stations. a United Nation presence to check on the military provisions of the As a result, the agreement calls for American civilian technicians agreement. to operate three early-warning facilities of a tactical nature in the The agreement relinquishes to the Egyptians the strategic Giddi and United Nations-controlled buffer zone. Mitla Passes, and the oil fields at Abu Rudeis and environs. BUFFER ZONES ZONE OF LIMITED ARMAMENTS The agreement calls for the establishment of buffer zones which On the central front where the major Israeli withdrawal has been will be controlled by the United Nations Emergency Force. agreed to, the military dispositions are designed to make a surprise Buffer Zone 1 (see map), in which the American warning stations attack difficult. Behind each line there is a zone of limited armaments will be located, is from 30 to 50 kilometers deep. Buffer Zones 2A and indicated by the dotted Line K and by the dotted Line F along the Suez 2B will be established along the Gulf of Suez. Canal. The buffer zones will contain about 5,000 troops of the United Na- In the zone of limited armaments the total number of forces and tions Forces, predominantly Finnish, Swedish and Canadian. Each of weapons is 8,000 troops, 72 artillery pieces, 75 tanks. Further, no wea- those contingents would be larger than the American group in that area. pon can be stationed in that area which can reach the front line of the other party. THE AMERICAN PRESENCE Behind the zone of limited armaments each side has also agreed not The American presence would be confined to two roads through to station weapons that can reach the front line of the other. In other the Mitla Pass and the Giddi Pass. The total number of Americans words, neither side will station long-range artillery or rockets in such assigned to the mission cannot, by the terms of the agreement, exceed a position where it could fire on the front lines of the other. 200. Since they will operate in three shifts, the total number of Amer- icans in the buffer zone at any one time would not exceed 75 and could EGYPTIAN COMMITMENTS be less. Americans not on duty will reside outside this area. In return for the partial Israeli withdrawal, Egypt undertook a The Americans in the civilian technician force will have no military number of commitments to Israel, including: function. A pledge not to employ a military blockade against Israel; They will be in the Sinai; in a peacekeeping role exactly the same Permission for Israeli civilian ships to be given the right of as that of the United Nations Force and of the 39 Americans who for peaceful passage through the Suez Canal; and some time have been serving in an observer status with the United An agreement to settle the problems of the Middle East by Nations in Sinai. peaceful means. The technicians will report to both parties and to the United Na- WARNING STATIONS tions about what they find. Under the agreement the United States has the right to withdraw The need for the American presence arose, according to Secretary its civilian technicians at any time that it is believed their safety is Kissinger's testimony, because Israel maintains a strategic warning jeopardized. station at the western approaches to the Giddi-Mitla Passes area (E-1 map). Israel insisted that it has to maintain at least the capability of COSTS OF TECHNICIANS TO THE UNITED STATES this warning, and offered Egypt an opportunity to establish a similar warning station. Egypt finally agreed to locate on at J-1 on the map. At the request of the committee, the Department of State has pro- Both sides proposed to the United States that it assume the trustee- vided preliminary cost estimates for sending and maintaining up to ship over the stations. The U.S. refused to man these stations because 200 U.S. technicians in the Sinai. they would have required the presence of large numbers of Americans. According to testimony from Under Secretary Sisco on Septem- The United States, however, did agree to supervise the fact that the ber 23, the estimates are: Startup costs: Millions stations would not be used for fortification and would not contain Early warning equipment, sensors, radars $2. 0 military equipment. The parties agreed. Communications equipment 2.5 Israel further proposed that in addition to the two strategic warning Construction, prefabricated buildings 2.0 stations the United States place tactical warning stations in this Transportation 2.0 area. Israel insisted that it would not make the agreement unless the Food, medicine and other supplies 0. 75 Vehicles, generators and other support equipment 0.75 United States agreed to man these warning stations. American par- ticipation was required, the Secretary testified, because Israel was not Total 10. 0 confident enough about some of the members in the United Nations Annual operating costs: Personnel, equipment, etc 10. 0 59-525 0 75 3 14 Costs, therefore, are estimated at $20 million for the first year of op- COST ESTIMATE eration, fiscal 1976, and $10 million annually thereafter. This resolution does not authorize appropriations for U.S. partici- As noted earlier, the executive branch on a preliminary basis esti- pation in the Sinai early-warning system. The committee has been in- mates the cost of recruiting and installing the technicians will be $10 formed that the executive branch intends to use funds made available million with an additional $10 million cost for annual operations, under section 903 of the Foreign Assistance Act of 1961, as amended equipment, and personnel. Thus the cost for fiscal 1976 would be an (Middle East special requirements fund), to pay the costs of the U.S. estimated $20 million, with a projected annual expense of $10 million technicians and equipment for the Sinai. Under this provision of law, for succeeding years. the executive branch will be required to submit to Congress a report It should be noted that the joint resolution does not contain any of its plans for the obligation of funds and the Congress can disap- authorization of appropriations. Funding for the technicians will be prove those plans by adopting a concurrent resolution within 30 days requested by the executive branch at a later time. after the executive branch report is received. The committee believes this is an appropriate use of the special requirement fund. The report- STATEMENTS REQUIRED BY RULE XI(1) (3) OF HOUSE RULES ing and review procedures described above will insure that Congress will be kept informed and will be able to maintain oversight of the A. Oversight Findings and Recommendations implementation of the U.S. proposals approved by this resolution. No oversight findings are possible since the activity involved in the resolution is still in prospect. The committee did, however, insert in the resolution a reporting requirement which will help insure adequate review in the future. B. Budget Authority This resolution creates no new budget authority or tax expenditures. C. Congressional Budget Office Estimate and Comparison No estimate and comparison prepared by the Director of the Congressional Budget Office under section 403 of the Congressional Budget Act of 1974 has been received by the committee. D. Commitee on Government Operations Summary No oversight findings and recommendations have been received which relate to this measure from the Committee on Government Operations under clause 2 (b) (2) of Rule X. INFLATIONARY IMPACT STATEMENT No funds are authorized to be appropriated by this resolution. It does, however, give congressional approval to an activity which will require dollar outlays. The estimate is for $20 million during the current fiscal year and $10 million thereafter. Because the amount involved is a very small fraction of Federal outlays, and because a significant part of it is likely to be spent for the support of, and by, the American technicians, its inflationary im- pact should be miniscule. SECTION-BY-SECTION ANALYSIS PREAMBLE The joint resolution contains four prefatory ("whereas") clauses which are designed to put the resolution in an appropriate context: Clause 1 notes that the agreement signed on September 4 between Egypt and Israel, when it enters into force, may constitute a significant step toward peace in the Middle East. (15) 17 16 Clause 2 states that the U.S. proposal calls for the United States Senate the time for debate shall be equally divided between to assign up to 200 American civilian personnel to carry out specified the proponents and the opponents) and shall be voted on noncombat functions under agreed-on conditions and terms. within three calendar days thereafter, unless such House shall Clause 3 points out that the proposal would permit the United otherwise determine by yeas and nays. States to withdraw such personnel if it concludes that their safety (c) Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in is jeopardized or that their role is no longer necessary. Clause 4 asserts that the implementation of the U.S. proposal for an subsection (a) and shall be reported out by such committee early-warning system in Sinai may enhance the prospect of compliance together with its recommendations within fifteen calendar with the terms of the Egyptian-Israeli agreements and thereby pro- days and shall thereupon become the pending business of such House and shall be voted upon within three calendar days, mote the cause of peace. unless such House shall otherwise determine by yeas and nays. (d) In the case of any disagreement between the two RESOLVED CLAUSES Houses of Congress with respect to a concurrent resolution The substantive or "resolved" clauses of the resolution are encom- passed by both Houses, conferees shall be promptly appointed passed in five sections: and the committee of conference shall make and file a report with respect to such concurrent resolution within six calendar Section 1-Implementation days after the legislation is referred to the committee of con- This provision authorizes the President to implement the "United ference. Notwithstanding any rule in either House concern- States Proposal for the Early-Warning System in Sinai," subject to ing the printing of conference reports in the Record or con- the proviso that U.S. personnel assigned to Sinai under the pro- cerning any delay in the consideration of such reports, such posal will be removed immediately under two specific contingen- report shall be acted on by both Houses not later than six cies: (1) if there is an outbreak of hostilities between Egypt and calendar days after the conference report is filed. In the event Israel; or (2) if the Congress by concurrent resolution determines that the conferees are unable to agree within 48 hours, they shall the safety of such personnel is jeopardized or that continuation of report back to their respective Houses in disagreement. their role is no longer necessary. Section 3-Volunteers Department of State witnesses, in testimony before the committee, asserted that the executive branch has no objection to the inclusion This provision emphasizes that U.S. civilian personnel participat- of such provisos. ing in the early-warning system in Sinai should include only individ- uals who have volunteered for such an assignment. Section 2-Concurrent Resolution "Privilege" During the hearings on the Sinai early-warning system, executive This provision states that the concurrent resolution provided for in branch witnesses testified that they did not intend to employ as civil- section 1 should be privileged in the same manner and to the same ian technicians anyone presently employed by the Central Intelligence extent as a concurrent resolution described in section 5(c) of the War Agency or any other foreign intelligence gathering agencies. To the Powers Resolution (Public Law 93-148) is privileged under section 7 extent that this personnel policy would be fully in keeping with the of that law. Following are the two sections: civilian character of this undertaking and the peacekeeping purposes SEC. 5. (c) Notwithstanding subsection (b), at any time which the technicians are supposed to serve, it is the expectation of that United States Armed Forces are engaged in hostilities this committee that none of the Americans serving in such a capacity outside the territory of the United States, its possessions and in the Sinai will be an employee of any foreign intelligence gathering territories without a declaration of war or specific statutory agency of the U.S. Government. authorization, such forces shall be removed by the President Section 4-Reporting Requirement if the Congress SO directs by concurrent resolution. This section contains a reporting requirement obligating the Presi- dent to submit a written report to Congress whenever American civil- SEC. 7. (a) Any concurrent resolution introduced pursuant ian technicians, pursuant to this congressional authorization, partici- to section 5(c) shall be referred to the Committee on Foreign pate in any early-warning system. The section stipulates the circum- Affairs of the House of Representatives or the Committee on stances requiring such a report, prescribes its form, specifies the nature Foreign Relations of the Senate, as the case may be, and one of its contents, and states the timing of its submission. The reporting such concurrent resolution shall be reported out by such com- requirement has two key purposes: first, to cause the President to mittee together with its recommendations within fifteen cal- review the participation of American civilian technicians; and second, endar days, unless such House shall otherwise determine by to provide the Congress with information on which it can render judg- the yeas and nays. ment and exercise its prerogative of ordering the removal of such (b) Any concurrent resolution SO reported shall become the civilian technicians by concurrent resolution. pending business of the House in question (in the case of the 19 18 The circumstances which would require a report are enumerated in Section 5-Interpretation of Resolution the resolution as follows: "Whenever American civilian technicians, This provision makes clear that the authority contained in this joint pursuant to this authorization, participate in an early-warning sys- resolution does not signify approval of the Congress for any other tem". This language applies to the participation of American civilian agreement, understanding, or commitment which may have been made technicians in the Sinai as long as they remain in that role. by the executive branch, particularly any such which relate to a The latter half of the section deals with the timing, form, and scope settlement in the Middle East. of the report submitted by the President. It is intended to make clear that the authority contained in this joint (1) Timing.-The language specifies that reports from the Presi- resolution to implement the "United States Proposal for the Early- dent shall be submitted to the Congress "periodically, but no less fre- Warning System in Sinai" does not, and shall not in any way be con- quently than once every 6 months.' That time frame was determined strued to, constitute congressional approval, acceptance, or endorse- by the committee as adequate enough for events to be gathered and ment (1) of any other oral or written commitment, understanding, appropriately analyzed yet not constitute an undue administrative assurance, promise, or agreement, whether expressed or implied, or burden. any other expression, oral or written, by any official of the United (2) Form.-The report by the President is required to be in writing. States which Israel, Egypt, or any other nation or organization might Moreover, to the maximum extent possible, it is to be unclassified. If construe or interpret as a basis on which it could rely or act; or (2) classified information must be included the President is free to do SO. of any characterization of any such commitment, understanding, as- In keeping with established procedures of the Congress, the reports surance, promise, or agreement, or other expression, as constituting a would be submitted to the Speaker of the House and the President "codification" of existing, congressionally approved, U.S. policy. pro tempore of the Senate. In addition, appropriate committees should promptly hold hearings on the reports and report their findings and recommendations to the Congress. 3. Contents.-Three stipulations are made on the contents of the report. They are: (a) Status.-The intent of the committee here is that the report include reference to the general welfare of the civilian technicians, particularly with reference to their safety and security as threatened by any hostile attacks or impairment of their function and purpose. (b) Scope.-In this connection, the committee's intent is that the report include specific reference to the nature of their activity, any changes in that activity, and the freedom with which they are able to conduct that activity effectively. (c) Anticipated duration.-By this language the intent of the com- mittee is that the report make precise and specific reference to the estimated length of time the presence of such civilian technicians will be necessary. In this context the view of the committee is that every possible effort be exerted by all parties concerned to minimize that period of presence. To that end the committee's intent is that the re- port concentrate on two possible avenues of reducing the presence of the civilian technicians: (1) We recognize that prevailing political circumstances mili- tate against an international monitoring arrangement. We appre- ciate that both parties place great faith in the credibility of the United States. Nonetheless, we would hope that over time an im- proved political climate would permit some broadening of the existing arrangement SO as to include nationals of other countries. (2) The committee recognizes the parties' interest in an Ameri- can physical presence in the Sinai. We are concerned, however, that that presence be as limited and secure as possible. We are interested in knowing, then, to what extent new or alternative technological options might permit a reduction of our personnel or their relocation to a somewhat less vulnerable spot. APPENDIX TEXTS OF THE AGREEMENT BETWEEN EGYPT AND ISRAEL, AND THE ANNEX TO THE EGYPT-ISRAEL AGREEMENT AGREEMENT BETWEEN EGYPT AND ISRAEL The Government of the Arab Republic of Egypt and the Govern- ment of Israel have agreed that Article I The conflict between them and in the Middle East shall not be re- solved by military force but by peaceful means. The Agreement concluded by the Parties January 18, 1974, within the framework of the Geneva Peace Conference, constituted a first step towards a just and durable peace according to the provisions of Secu- rity Council Resolution 338 of October 22, 1973. They are determined to reach a final and just peace settlement by means of negotiations called for by Security Council Resolution 338, this Agreement being a significant step towards that end. Article II The Parties hereby undertake not to resort to the threat or use of force or military blockade against each other. Article III The Parties shall continue scrupulously to observe the ceasefire on land, sea and air and to refrain from all military or para-military actions against each other. The Parties also confirm that the obligations contained in the Annex and, when concluded, the Protocol shall be an integral part of this Agreement. Article IV A. The military forces of the Parties shall be deployed in accordance with the following principles: (1) All Israeli forces shall be deployed east of the lines designated as Lines J and M on the attached map. (2) All Egyptian forces shall be deployed west of the line designated as Line E on the attached map. (3) The area between the lines designated on the attached map as Lines E and F and the area between the lines designated on the at- tached map as Lines J and K shall be limited in armament and forces. (4) The limitations on armaments and forces in the areas described by paragraph (3) above shall be agreed as described in the attached Annex. (5) The zone between the lines designated on the attached map as Lines E and J, will be a buffer zone. In this zone the United Nations (21) 22 23 Emergency Force will continue to perform its functions as under 1. Definitions of Lines and Areas the Egyptian-Israeli Agreement of January 18, 1974. (6) In the area south from Line E and west from Line M, as de- The deployment lines, Areas of Limited Forces and Armaments, fined in the attached map, there will be no military forces, as specified Buffer Zones, the area south from Line E and west from Line M, in the attached Annex. other designated areas, road sections for common use and other B. The details concerning the new lines, the redeployment of the features referred to in Article IV of the Agreement shall be as indi- forces and its timing, the limitation on armaments and forces, aerial cated on the attached map (1:100,000-U.S. Edition). reconnaissance, the operation of the early warning and surveillance in- stallations and the use of the roads, the United Nations functions and 2. Buffer Zones other arrangements will all be in accordance with the provisions of the Annex and map which are an integral part of this Agreement and (a) Access to the Buffer Zones will be controlled by the United Na- of the Protocol which is to result from negotiations pursuant to the tions Emergency Force, according to procedures to be worked out by Annex and which, when concluded, shall become an integral part of the Working Group and the United Nations Emergency Force. this Agreement. (b) Aircraft of either Party will be permitted to fly freely up to the forward line of that Party. Reconnaissance aircraft of either Party Article V The United Nations Emergency Force is essential and shall con- may fly up to the middle line of the Buffer Zone between Lines E and tinue its functions and its mandate shall be extended annually. J on an agreed schedule. (c) In the Buffer Zone between Lines E and J, there will be estab- Article VI lished under Article IV of the Agreement an Early Warning Sys- The Parties hereby establish a Joint Commission for the duration of tem entrusted to United States civilian personnel as detailed in a this Agreement. It will function under the aegis of the Chief Co- separate proposal, which is a part of this Agreement. ordinator of the United Nations Peacekeeping Missions in the Middle (d) Authorized personnel shall have access to the Buffer Zone for East in order to consider any problem arising from this Agreement transit to and from the Early Warning System; the manner in which and to assist the United Nations Emergency Force in the execution of this is carried out shall be worked out by the Working Group and the its mandate. The Joint Commission shall function in accordance with United Nations Emergency Force. procedures established in the Protocol. 3. Area South of Line E and West of Line M Article VII Non-military cargoes destined for or coming from Israel shall be (a) In this area, the United Nations Emergency Force will assure permitted through the Suez Canal. that there are no military or para-military forces of any kind, military Article VIII fortifications and military installations; it will establish checkpoints and have the freedom of movement necessary to perform this function. This Agreement is regarded by the Parties as a significant step (b) Egyptian civilians and third-country civilian oil field personnel towards a just and lasting peace. It is not a final peace agreement. shall have the right to enter, exit from, work, and live in the above The Parties shall continue their efforts to negotiate a final peace indicated area, except for Buffer Zones 2A, 2B and the United Nations agreement within the framework of the Geneva Peace Conference Posts. Egyptian civilian police shall be allowed in the area to perform in accordance with Security Council Resolution 338. normal civil police functions among the civilian population in such Article IX numbers and with such weapons and equipment as shall be provided This agreement shall enter into force upon signature of the Protocol for in the Protocol. and remain in force until superseded by a new agreement. (c) Entry to and exit from the area, by land, by air or by sea, shall be only through the United Nations Emergency Force check- ANNEX TO THE AGREEMENT points. The United Nations Emergency Force shall also establish checkpoints along the road, the dividing line and at other points, with Within 5 days after the signature of the Egypt-Israel Agreement, the precise locations and number to be included in the Protocol. representatives of the two Parties shall meet in the Military Working (d) Access to the airspace and the coastal area shall be limited to Group of the Middle East Peace Conference at Geneva to begin unarmed Egyptian civilian vessels and unarmed civilian helicopters preparation of a detailed Protocol for the implementation of the and transport planes involved in the civilian activities of the area as Agreement. The Working Group will complete the Protocol within 2 agreed by the Working Group. weeks. In order to facilitate preparation of the Protocol and imple- (e) Israel undertakes to leave intact all currently existing civilian mentation of the Agreement, and to assist in maintaining the scrupu- installations and infrastructures. lous observance of the ceasefire and other elements of the Agreement, (f) Procedures for use of the common sections of the coastal road the two Parties have agreed on the following principles, which are an along the Gulf of Suez shall be determined by the Working Group and integral part of the Agreement, as guidelines for the Working Group. detailed in the Protocol. 22 23 Emergency Force will continue to perform its functions as under 1. Definitions of Lines and Areas the Egyptian-Israeli Agreement of January 18, 1974. (6) In the area south from Line E and west from Line M, as de- The deployment lines, Areas of Limited Forces and Armaments, fined in the attached map, there will be no military forces, as specified Buffer Zones, the area south from Line E and west from Line M, in the attached Annex. other designated areas, road sections for common use and other B. The details concerning the new lines, the redeployment of the features referred to in Article IV of the Agreement shall be as indi- forces and its timing, the limitation on armaments and forces, aerial cated on the attached map (1:100,000-U.S. Edition). reconnaissance, the operation of the early warning and surveillance in- stallations and the use of the roads, the United Nations functions and 2. Buffer Zones other arrangements will all be in accordance with the provisions of the Annex and map which are an integral part of this Agreement and (a) Access to the Buffer Zones will be controlled by the United Na- of the Protocol which is to result from negotiations pursuant to the tions Emergency Force, according to procedures to be worked out by Annex and which, when concluded, shall become an integral part of the Working Group and the United Nations Emergency Force. this Agreement. (b) Aircraft of either Party will be permitted to fly freely up to the forward line of that Party. Reconnaissance aircraft of either Party Article V The United Nations Emergency Force is essential and shall con- may fly up to the middle line of the Buffer Zone between Lines E and tinue its functions and its mandate shall be extended annually. J on an agreed schedule. (c) In the Buffer Zone between Lines E and J, there will be estab- Article VI lished under Article IV of the Agreement an Early Warning Sys- The Parties hereby establish a Joint Commission for the duration of tem entrusted to United States civilian personnel as detailed in a this Agreement. It will function under the aegis of the Chief Co- separate proposal, which is a part of this Agreement. ordinator of the United Nations Peacekeeping Missions in the Middle (d) Authorized personnel shall have access to the Buffer Zone for East in order to consider any problem arising from this Agreement transit to and from the Early Warning System; the manner in which and to assist the United Nations Emergency Force in the execution of this is carried out shall be worked out by the Working Group and the its mandate. The Joint Commission shall function in accordance with United Nations Emergency Force. procedures established in the Protocol. 3. Area South of Line E and West of Line M Article VII Non-military cargoes destined for or coming from Israel shall be (a) In this area, the United Nations Emergency Force will assure permitted through the Suez Canal. that there are no military or para-military forces of any kind, military fortifications and military installations; it will establish checkpoints Article VIII and have the freedom of movement necessary to perform this function. This Agreement is regarded by the Parties as a significant step (b) Egyptian civilians and third-country civilian oil field personnel towards a just and lasting peace. It is not a final peace agreement. shall have the right to enter, exit from, work, and live in the above The Parties shall continue their efforts to negotiate a final peace indicated area, except for Buffer Zones 2A, 2B and the United Nations agreement within the framework of the Geneva Peace Conference Posts. Egyptian civilian police shall be allowed in the area to perform in accordance with Security Council Resolution 338. normal civil police functions among the civilian population in such Article IX numbers and with such weapons and equipment as shall be provided This agreement shall enter into force upon signature of the Protocol for in the Protocol. and remain in force until superseded by a new agreement. (c) Entry to and exit from the area, by land, by air or by sea, shall be only through the United Nations Emergency Force check- ANNEX TO THE AGREEMENT points. The United Nations Emergency Force shall also establish checkpoints along the road, the dividing line and at other points, with Within 5 days after the signature of the Egypt-Israel Agreement, the precise locations and number to be included in the Protocol. representatives of the two Parties shall meet in the Military Working (d) Access to the airspace and the coastal area shall be limited to Group of the Middle East Peace Conference at Geneva to begin unarmed Egyptian civilian vessels and unarmed civilian helicopters preparation of a detailed Protocol for the implementation of the and transport planes involved in the civilian activities of the area as Agreement. The Working Group will complete the Protocol within 2 agreed by the Working Group. weeks. In order to facilitate preparation of the Protocol and imple- (e) Israel undertakes to leave intact all currently existing civilian mentation of the Agreement, and to assist in maintaining the scrupu- installations and infrastructures. lous observance of the ceasefire and other elements of the Agreement, (f) Procedures for use of the common sections of the coastal road the two Parties have agreed on the following principles, which are an along the Gulf of Suez shall be determined by the Working Group and integral part of the Agreement, as guidelines for the Working Group. detailed in the Protocol. 24 4. Aerial Surveillance There shall be a continuation of aerial reconnaissance missions by the United States over the areas covered by the Agreement (the area between Lines F and K), following the same procedures already in practice. The missions will ordinarily be carried out at a frequency of one mission every 7-10 days, with either Party or the United Na- SUPPLEMENTAL VIEWS OF HON. CLEMENT J. ZABLOCKI tions Emergency Force empowered to request an earlier mission. The United States Government will make the mission results available ex- The Middle East has for too long been a source of conflict and peditiously to Israel, Egypt and the Chief Coordinator of the United threat to the peace of the world. While urgent social and economic Nations Peacekeeping Missions in the Middle East. problems within the area remain unresolved, vast amounts of time, money, and energy have been expended in the cause of war. This drain- 5. Limitation of Forces and Armaments age of natural resources and continued confrontation has most re- cently led to increased oil prices which have seriously undermined the (a) Within the Areas of Limited Forces and Armaments (the areas economy of the entire Western World and have been especially detri- between Lines J and K and Lines E and F) the major limitations shall mental to the underdeveloped countries. While the situation in the be as follows: Middle East is at best tenuous it could cause renewed abrasive rela- (1) Eight (8) standard infantry battalions. tions between the superpowers and errode efforts at détente. (2) Seventy-five (75) tanks. For all these reasons any effort which may lead to a lessening of ten- (3) Seventy-two (72) artillery pieces, including heavy mortars (i.e., sions in this highly volatile area must be commended. Indeed, the Gov- with caliber larger than 120 mm.), whose range shall not exceed twelve ernment of the United States has exercised its good offices to bring (12) km. about such a defusing of the situation. I appreciate and approve of (4) The total number of personnel shall not exceed eight thousand those efforts. (8,000). However, despite the continued dangers inherent in the area if (5) Both Parties agree not to station or locate in the area weapons peace does not prevail and despite the positive role played by the which can reach the line of the other side. United States, I am reluctantly compelled to register reservations to (6) Both Parties agree that in the areas between Lines J and K, and House Joint Resolution 683, the resolution approved by the House between Line A (of the Disengagement Agreement of January 18, International Relations Committee-hurriedly drawn legislation 1974) and Line E, they will construct no new fortifications or installa- which may buy today's "peace" but produce tomorrow's peril. tions for forces of a size greater than that agreed herein. My basic concern centers on the extent to which the authorization (b) The major limitations beyond the Areas of Limited Forces and allowing participation by 200 American civilian technicians in the Armaments will be: early-warning system in the Sinai symbolizes a deepening involvement (1) Neither side will station nor locate any weapon in areas from of the American role in the Mideast. What that participation repre- which they can reach the other line. sents for the United States is a shift away from detached arbiter to (2) The Parties will not place anti-aircraft missiles within an area that of active participant. With that change comes the serious pros- of ten (10) kilometres east of Line K and west of Line F, respectively. pect and danger of involvement against which this resolution does not (c) The United Nations Emergency Force will conduct inspections sufficiently protect the national security of the United States. in order to ensure the maintenance of the agreed limitations within From testimony received by the committee it would appear that those areas. the arrangement providing for 200 American civilian volunteer tech- 6. Process of Implementation nicians was necessary in order to obtain agreement between Israel and Egypt. In that connection, two concerns are particularly troubling. The detailed implementation and timing of the redeployment of First, I believe strongly that the civilian technician force should forces, turnover of oil fields, and other arrangements called for by the have been multinational rather than exclusively American. Particu- Agreement, Annex and Protocol shall be determined by the Working larly if and when these American technicians should come under hos- Group, which will agree on the stages of this process, including the tile attack the overwhelming temptation for the United States will be phased movement of Egyptian troops to Line E and Israeli troops to to commit military forces for their rescue. That prospect clearly car- Line J. The first phase will be the transfer of the oil fields and installa- ries with it the inherent danger for even deeper U.S. direct military tions to Egypt. This process will begin within 2 weeks from the signa- involvement. Such a possibility must be avoided at all costs. ture of the Protocol and the introduction of the necessary technicians, Second, we have been repeatedly assured by executive branch wit- and it will be completed no later than 8 weeks after it begins. The de- nesses that an international technician force was impossible because tails of the phasing will be worked out in the Military Working Group. both Egypt and Israel insisted upon American technicians. However, Implementation of the redeployment shall be completed within 5 that contention is contradicted by certain recent reports that it was months after signature of the Protocol. (25) 26 27 the American Government which promoted the idea of American per- sonnel. One reason given was that the equipment was too technical to file with the Congress the Executive Agreement Memorandum of and of such an advanced type that a security factor had to be con- Understanding of December 30, 1973 between Israel and the United sidered. However, testimony received by the committee clearly demon- States. The filing of such agreements within 60 days of their going into force is required under the Case-Zablocki Act. What is significant in strated that neither the security nor the complexity of the sensor connection with the December 1973 agreement is that it is cited in the equipment proposed for use in the Sinai precluded operation by other than Americans. Indeed, we were advised that it will be the same type current agreements. As of this moment, the December 1973 agreement of equipment deployed in Vietnam. The North Vietnamese are now still has not been filed with Congress. Similarly, recent frustrating experiences with an executive branch in possession of that equipment. Therefore, the national security issue is not valid. proclivity toward selective, evasive, and elusive interpretations of laws Another concern relative to the deepening position into which this passed by Congress prompted my second amendment, this one dealing with "interpretation." It would have spelled out in precise and com- arrangement on American civilian technicians is moving the United States was expressed in The Washington Post editorial of October 1, prehensive language Congress' exact understanding of what it was doing in authorizing the use of civilian technicians. The amendment 1975. As seen by the Post-one of the major newspapers often privy had two simple but important objectives: First, it would have made to sensitive information-Israel needs the agreement as its ticket to absolutely clear that in allowing the civilian technician participation the billions in aid and the political partnership it seeks from Wash- ington." Frankly, I am concerned. I submit the Congress and the we were doing only that and nothing else. Thus, it would have pre- cluded any inference that this action of Congress could be construed as American people should be concerned relative to what commitments approval for any other oral or written commitment, understanding or were made in order to attain the Sinai agreement. expression made by any U.S. official and on which any party could rely Despite these strong reservations I will vote for the resolution au- or act. Also, the amendment would make crystal clear that by approv- thorizing the participation of 200 American civilian technicians. How- ing the resolution we would not be codifying or otherwise approving ever, I will do SO with the following understandings: First, that every or endorsing in any way what has SO often and in SO many ways been effort will be made to reduce U.S. participation as soon as possible loosely and vaguely referred to as "U.S. policy." through the substitution of other nationals and the full use of remote This amendment was replaced by a shorter version offered by the control equipment. Second, that the United States, acting in accord gentleman from California, Mr. Lagomarsino. Although the language with established arms control policies, will avoid supplying high so- of my amendment appears in the body of the committee report, in elab- phisticated arms to the area which would prove destabilizing. Indeed, orating upon the meaning of Mr. Lagomarsino's substitute, for the sake the ideal would be to discontinue all military assistance to the area. of emphasis I believe it is desirable to repeat it here in complete form Finally, in the interests of fairness and justice, it is important that in providing economic aid the United States be balanced and prudent. SEC. 2. The authority contained in this joint resolution to Without adequate safeguards and control, the resolution approved implement the "United States Proposal for the Early-Warn- by the committee represents the danger of being a first step in the di- ing System in Sinai" does not, and shall not in any way be rection of added, direct involvement. It is the proverbial camel's nose construed to, constitute congressional approval, acceptance, under the tent. or endorsement (1) of any other oral or written commitment, In an effort to establish such safeguards and controls and thereby understanding, assurance, promise, or agreement, whether ex- preclude or minimize that danger, during the markup of the legislation pressed or implied, or any other expression, oral or written, by I offered two amendments to the resolution. The first, much in the spirit any official of the United States which Israel, Egypt, or any of the War Powers Resolution, would have required the President to other nation or organization might construe or interpret as a consult with Congress prior to agreeing to any similar arrangement in basis on which it could rely or act; or (2) of any characteri- the future. Its purpose was to assure an opportunity for congressional zation of any such commitment, understanding, assurance, imput into significant commitments of this type. As it now stands, promise, or agreement, or other expression, as constituting a Congress is in the awkward position of having to act only on accom- "codification" of existing congressionally approved, United plished fact. States policy. Although the amendment was rejected, I should note in its defense At the present time, and in approving the implementation of any that it complemented the rising voice within Congress for a full and other agreement in the future, the Congress must resist emotional pres- meaningful opportunity to exercise our proper partnership role in for- sures and insist that a prudent and balanced policy prevails if we are to eign policy formulation. From bitter past experience I have come to enhance peace in the area. the reluctant conclusion that the executive branch is less than anxious It is in this spirit that these supplemental views are presented. to allow Congress that opportunity. Too often the executive branch CLEMENT J. ZABLOCKI. has been too reluctant to provide the Congress information which would make possible our fuller and more effective participation in the policy formulation process. As an example I cite the Executive's failure ADDITIONAL VIEWS OF HON. CLEMENT J. ZABLOCKI AND HON. PAUL FINDLEY THE MISSING SAFEGUARD-A 2-YEAR LIMITATION As reported to the House, the resolution (H.J. Res. 683) stationing technicians in the Sinai creates a U.S. obligation of substantial magni- tude and risk. Our commitment is essentially open-ended, since, in practical terms, we have left it up to Israel and Egypt to decide the duration of our stay. Recent history and common sense argue against such an approach. We believe that this extensive conveyance of authority needs to be more adequately safeguarded. Political instability and uncertainty in the Middle East are entirely too great for us to proceed under this kind of an arrangement. Accordingly, we will support an amendment (to be offered on the House floor) which will automatically terminate the authority for the obligation after a two year period. This is the only effective way we know of causing the entire 95th Congress to reevaluate systematically the U.S. commitment in light of prevailing circumstances. If the events and trends are promising, approval will no doubt be swift and simple. The termination date is a safeguard and nothing more. The pending resolution stands very much at odds with the spirit and rationale of the War Powers Resolution. That legislation was the distillate of an enormous national tragedy and of the sober reflections that flowed therefrom. As the principal House authors of the War Powers Resolution, we are troubled to see its prudent concepts dis- regarded in this instance. We believe that the logic of War Powers should guide us at this critical juncture. It may be argued that the safeguard of a mandatory review after a 2-year period would disrupt a delicate situation and require a renego- tiation of the entire agreement. We find such an argument unpersua- sive. The Uited States proposal to the basic agreement, which has been accepted by both Egypt and Israel, already states that the United States may withdraw its personnel if it believes that "continuation of their role is no longer necessary." Our amendment simply creates a thoughtful and guaranteed process by which the Congress can evalu- ate the necessity of our commitment after a reasonable period of time. This amendment flows naturally from an already admitted reservation. Moreover, it will help to give shape and focus to what might otherwise be rather intermittent and desultory reviews. Some may also suggest that we should be satisfied with the existing provision that allows the Congress to end our commitment by con- current resolution. We recall, however, that the Gulf of Tonkin Res- olution was governed by an identical provision for termination. (Year after year, the Congress simply declined to act, preferring to leave hard decisions to others.) The manifest ineffectuality of such a provi- sion will be recalled by all. (29) 30 It is well for us to understand the following facts, all of which argue in their own way for the kind of limitation which we envision. First, the current wording of the commitment suggests extraordi- ADDITIONAL VIEWS OF HON. LEE H. HAMILTON nary permanence. The basic agreement lasts until it is superseded by another agreement. No one of course can perdict when this will occur. In order to put House Joint Resolution 683 in perspective, I am en- As Under Secretary of State Sisco conceded, even the outbreak of closing for the interest of my colleagues a report by the Library of hostilities can only interrupt-not terminate-the U.S. obligation. Congress which gives a summary of the reported "Secret Agreements" Second, the obligation entails undeniable risks. American personnel between the United States and Israel and Egypt. This report is based will be introduced into an area where hostilities are prospective, if not on recent press accounts and not on official documents. imminent. They will be placed on the line, as our committee inquiry The Library of Congress report follows: reveals, for largely political reasons rather than to perform some genuinely useful and unique warning function. They will be a con- A SUMMARY OF THE REPORTED "SECRET AGREEMENTS" BE- tinuously tempting target for terrorists. And the need to remove them TWEEN THE UNITED STATES, ISRAEL, AND EGYPT SUBSEQUENT in the midst of another sudden and violent Middle East war could TO THE EGYPTIAN-ISRAELI DISENGAGEMENT AGREEMENT OF well draw our military forces into the fighting at a most undesirable 1975 1 time and place. Third, in this some connection, the resolution conveys a seemingly (The following is based on current press accounts and not unprecedented grant of authority to the President to evacuate the on official documents.) technicians. In effect, the existing language mandates the President At the time of the signing of the 1975 Egyptian-Israeli Dis- to take whatever steps are necessary to remove our personnel. More- engagement Agreement of 1975 in Geneva on September 4, over, it mandates him to do this "immediately." 1975, there was widespread press speculation to the effect that, Finally, the perception of open-endedness that arises from this obli- in addition to the Accord and Annex, which were made pub- gation may significantly lower the incentives for any further and more lic, and the U.S. proposal for the establishment of an early- comprehensive settlement. Many states in the Middle East argue that warning system in the buffer zone, the overall agreement also the door has now been closed on any further negotiation. Surely, we included secret understandings between the United States, want to do what we can to minimize that perception. After all, we are Israel, and Egypt which contained commitments with re- willing to approve this risky commitment, because we believe that it gard to foreign aid and other matters. On September 16 and may be a necessary investment in a wider peace. And yet the connection 17, 1975, the Washington Post and the New York Times pub- between our presence and the requirement for continued progress lished the alleged texts of three such secret agreements. Ac- toward a comprehensive settlement is insufficiently established by the cording to the New York Times, the texts were made avail- existing resolution. able by columnist Jack Anderson and were authenticated by Our goal is positive in its orientation. We seek to safeguard the na- officials who have seen the originals. The first document is tional interests of the United States while at the same time enhancing entitled "Memorandum of Agreement Between Israel and the the prospects for peace in the Middle East. We are willing to make United States." The second is entitled "Assurances From the a commitment for peace, but we insist upon doing SO in a prudent United States Government to Israel," which augments the manner. The administration itself at first strongly opposed the com- first document's aid provisions. The third is entitled "Assur- mitment of U.S. personnel. Surely, then, they cannot quarrel with the ances from the United States Government to Egypt." Accord- sort of minimal safeguard we are proposing now. ing to press reports, there may be other such secret The mandatory review contemplated by our amendment is a sensible agreements. check upon an uncertain situation. It enables those of us in the Con- gress to exercise a greater degree of control. Without this, we shall I. SUMMARY OF "MEMORANDUM OF AGREEMENT BETWEEN THE be like the ant roaring downstream on a log, believing all the while UNITED STATES AND ISRAEL" that he was steering. CLEMENT J. ZABLOCKI, 1. The United States will make every effort to be respon- PAUL FINDLEY. sive to Israel's long-term defense, energy, and economic needs, subject to congressional approval. 2. The United States and Israel will periodically consult on Israel's long-term military supply needs; and beginning with the 1976 request, the United States will view sympa- thetically Israel's request for advanced weapons. Sept. 25, 1975. 1 By Susan M. Mowle, Analyst in International Relations, Foreign Affairs Division, (31) 32 33 3. In the event that Israel cannot meet her oil requirements 15. The Agreement will remain binding even if the U.N. through normal procedures, the United States agrees that forces are withdrawn without the prior agreement of Egypt, for the next 5 years it will Israel, and United States and even if no subsequent agree- (a) Sell and help ship oil to Israel if U.S. reserves ment has been reached. permit; or 16. The Agreement will not take effect before the United (b) If the United States itself faces an oil embargo, it States Congress approves the U.S. role in connection with will make oil available for purchase in accord with the surveillance and observation functions. International Energy Agency conservation and alloca- tion formula, as applied by the United States Government. II. SUMMARY OF "ASSURANCES FROM THE UNITED STATES 4. The administration will request Congress to: GOVERNMENT TO ISRAEL" (a) Take into account Israel's oil import requirements in determining the overall Israeli aid figures; The United States will continue to supply Israel with ad- (b) In determining total aid to Israel, take into ac- vanced types of equipment, such as the F-16 aircraft, and the count Israel's extra expenditure to replace the oil derived Administration agrees to undertake a joint study of sophis- from the Sinai wells which are to be returned to Egypt; ticated military items, including the Pershing ground-to- and ground missiles with conventional warheads, with a view to (c) Make available funds for construction of storage giving a positive response. facilities to enable Israel to increase her supply of oil reserves to 1 year's need within the next 4 years. III. SUMMARY OF ASSURANCES FROM THE UNITED STATES 5. The United States will not expect Israel to implement the GOVERNMENT TO EGYPT" Agreement until Egype permits the passage of Israeli cargo through the Suez Canal to and from Israeli ports. 1. The United States intends to make a serious effort to 6. The United States agrees that the next agreement with bring about further negotiations between Syria and Israel. Egypt should be a final peace agreement. 2. In the event of a violation of the Agreement by Israel, 7. The United States will consult with Israel on remedal the United States will consult with Egypt about possible action by the United States in the case of any Egyptian viola- remedial action by the United States. tion of any of the provisions of the Agreement. 3. The United States will provide technical assistance to 8. The United States will veto any Security Council resolu- Egypt for the Egyptian early-warning station. tion which would adversely affect the Agreement. 9. The United States will seek to prevent efforts by others to consider proposals detrimental to Israeli interests. [From the New York Times, Sept. 17, 1975] 10. In the event of a threat to Israel's security by a world power "the United States will in the event of such threat U.S. DOCUMENTS ACCOMPANYING THE SINAI ACCORD consult promptly with the Government of Israel with respect (Special to the New York Times) to what support, diplomatic or otherwise, or assistance it can lend to Israel in accordance with its constitutional practices." WASHINGTON, Sept. 16.-Following are the texts of three 11. The United States and Israel will conclude the contin- documents relating to the recent Sinai agreement between gency plan for an emergency military supply operation, if Israel and Egypt. The first is a memorandum of agreement possible within 2 months of the signing of this document. between Israel and the United States relating to American 12. It is the United States view that Egyptian commitments aid to Israel and diplomatic actions in the Middle East; the under the Egypt-Israeli Agreement are not conditional upon second, entitled "Assurances From the United States Govern- any developments between Arab States and Israel. ment to Israel," augments the first document's and provisions; 13. The United States shares Israel's view that negotiations the third is entitled "Assurances From the United States with Jordan are to be directed toward an overall peace Government to Egypt." settlement. 14. The United States regards the Straits of Bab-el-Mandeb MEMORANDUM and the Strait of Gibraltar as international waterways and supports Israel's passage through the straits as well as free- The United States recognizes that the Egypt-Israel Agree- dom of flight over the straits and the Red Sea. ment initialed on Sept. 1, 1975 (hereinafter referred to as the agreement), entailing the withdrawal from vital areas in 2 Agreement, when capitalized, refers to the Egyptian-Israeli Disengagement Agree- Sinai, constitutes an act of great significance on Israel's part ment of 1975 signed on Sept. 4, 1975, and included the Accord and Annex. in the pursuit of final peace. That agreement has full United States support. 34 35 (1) The United States Government will make every effort (4) In order to help Israel meet its energy needs, and as to be fully responsive, within the limits of its resources and part of the over-all annual figure in paragraph 1 above, the Congressional authorization and appropriation, on an on- United States agrees: going and long-term basis, to Israel's military equipment and (a) In determining the over-all annual figure which will other defense requirements, to its energy requirements and to be requested from Congress, the United States Government its economic needs. The needs specified in paragraphs 2, 3, and will give special attention to Israel's oil import requirements 4 below shall be deemed eligible for inclusion within the and, for a period as determined by Article 3 above, will take annual total to be requested in fiscal year 1976 and later fiscal into account in calculating that figure Israel's additional ex- years. penditures for the import of oil to replace that which would (2) Israel's long-term military supply needs from the have ordinarily come from Abu Rudeis and Ras Sudar (4.5 United States shall be the subject of periodic consultations million tons in 1975). between representatives of the U.S. and Israeli defense estab- (b) To ask Congress to make available funds, the amount lishments, with agreement reached on specific items to be in- to be determined by mutual agreement, to the Government cluded in a separate U.S.-Israeli memorandum. To this end, of Israel necessary for a project for the construction and a joint study by military experts will be undertaken within three weeks. In conducting this study, which will include stocking of the oil reserves to be stored in Israel, bringing Israel's 1976 needs, the United States will view Israel's re- storage reserve capacity and reserve stocks, now standing at quests sympathetically, including its request for advanced approximately six months, up to one year's need at the time of the completion of the project. The project will be imple- and sophisticated weapons. mented within four years. The construction, operation and (3) Israel will make its own independent arrangements financing and other relevant questions of the project will be for oil supply to meet its requirements through normal pro- cedures. In the event Israel is unable to secure its needs in the subject of early and detailed talks between the two Governments. this way, the United States Government, upon notification of (5) The United States Government will not expect Israel this fact by the Government of Israel, will act as follows for five years, at the end of which period either side can terminate to begin to implement the agreement before Egypt fulfills this arrangement on one year's notice. its undertaking under the January 1974, disengagement (a) If the oil Israel needs to meet all its normal require- agreement to permit passage of all Israeli cargoes to and from Israeli ports through the Suez Canal. ments for domestic consumption is unavailable for purchase (6) The United States Government agrees with Israel that in circumstances where no quantitative restrictions exist on the ability of the United States to procure oil to meet its the next agreement with Egypt should be a final peace agreement. normal requirements, the United States Government will promptly make oil available for purchase by Israel to meet (7) In case of an Egyptian violation of any of the provi- all of the aforementioned normal requirements of Israel. If sions of the agreement, the United States Government is pre- Israel is unable to secure the necessary means to transport pared to consult with Israel as to the significance of the viola- such oil to Israel, the United States Government will make tion and possible remedial action by the United States Government. every effort to help Israel secure the necessary means of (8) The United States Government will vote against any transport. (b) If the oil Israel needs to meet all of its normal require- Security Council resolution which in its judgment affects or alters adversely the agreement. ments for domestic consumption is unavailable for purchase (9) The United States Government will not join in and in circumstances where quantitative restrictions through will seek to prevent efforts by others to bring about consid- embargo or otherwise also prevent the United States from eration of proposals which it and Israel agree are detrimental procuring oil to meet its normal requirements, the United to the interests of Israel. States Government will promptly make oil available for pur- (10) In view of the long-standing U.S. commitment to the chase by Israel in accordance with the International Ener- survival and security of Israel, the United States Government gy Agency conservation and allocation formula as applied will view with particular gravity threats to Israel's security by the United States Government, in order to meet Israel's or sovereignty by a world power. In support of this objective, essential requirements. If Israel is unable to secure the neces- the United States Government will in the event of such threat sary means to transport such oil to Israel, the United States consult promptly with the Government of Israel with respect Government will make every effort to help Israel secure the to what support diplomatic or otherwise, or assistance it can necessary mean of transport. lend to Israel in accordance with its constitutional practices. Israeli and U.S. experts will meet annually or more fre- (11) The United States Government and the Government quently at the request of either party, to review Israeli's con- of Israel will, at the earliest possible time, and if possible tining oil requirement. within two months after the signature of this document, con- 37 36 ASSURANCES TO EGYPT clude the contingency plan for a military supply operation to Israel in an emergency situation. 1. The United States intends to make a serious effort to (12) It is the United States Government's position that help bring about further negotiations between Syria and Egyptian commitments under the Egypt-Israel agreement, Israel, in the first instance, through diplomatic channels. its implementation, validity and duration are not conditional 2. In the event of an Israeli violation of the agreement, upon any act or developments between the other Arab states the United States is prepared to consult with Egypt as to the and Israel. The United States Government regards the agree- significance of the violation and possible remedial action by ment as standing on its own. the United States. (13) The United States Government shares the Israeli 3. The United States will provide technical assistance to position that under existing political circumstances negotia- Egypt for the Egyptian early-warning station. tions with Jordan will be directed toward an over-all peace settlement. ADDENDUM (14) In accordance with the principle of freedom of navi- gation on the high seas and free and unimpeded passage On September 18, 1975, the New York Times published the text of through and over straits connecting international waters, the an alleged United States-Israeli Memorandum of Agreement dealing United States Government regards the Straits of Babel Man- with the Geneva peace conference, bringing to a total of four the num- deb and the Strait of Gibraltar as international waterways. It ber of reported "secret agreements" between the United States, Egypt, will support Israel's right to free and unimpeded passage and Israel which have been published in the press subsequent to the through such straits. Similarly, the United States Government Egyptian-Israeli Disengagement Agreement of 1975. recognizes Israel's right to freedom of flights over the Red Sea and such straits and will support diplomatically the exer- SUMMARY OF "MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES cise of that right. AND ISRAEL WITH REGARD TO THE GENEVA PEACE CONFERENCE" (15) In the event that the United Nations Emergency Force or any other United Nations organ is withdrawn without the 1. The United States and Israel will coordinate on the timing of the prior agreement of both parties to the Egypt-Israel agreement reconvening of the Geneva peace conference. and the United States before this agreement is superseded by 2. The United States will not recognize or negotiate with the Pales- another agreement, it is the United States view that the tinian Liberation Organization (PLO) as long as the PLO does not agreement shall remain binding in all its parts. recognize the right of Israel to exist, and the United States will not (16) The United States and Israel agree that signature of accept U.N. Security Council Resolutions 242 and 338. The United the protocol of the Egypt-Israel agreement and its full entry States and Israel will seek to coordinate strategy and position on this into effect shall not take place before approval by the United issue, and with regard to the participation of any additional states States Congress of the U.S. role in connection with the sur- at the conference. veillance and observation functions described in the agree- 3. The United States will seek to insure that all substantive negotia- ment and its annex. The United States has informed the Gov- tions at the conference be on a bilateral basis. ernment of Israel that it has obtained the Government of 4. The United States will veto any Security Council resolution Egypt agreement to the above. which seeks to adversely alter the terms of reference of the Geneva peace conference or any adverse changes in Resolutions 242 or 338. ADDENDUM ON ARMS 5. The United States will seek to insure that the role of the co- sponsors be consistent with the terms of the December 20, 1972, Mem- On the question of military and economic assistance to orandum of Agreement between the United States and Israel. Israel, the following conveyed by the U.S. to Israel augments 6. The United States and Israel will plan action to insure that the what the memorandum of agreement states. conference be conducted in a manner directed toward the advance- The United States is resolved to continue to maintain ment of a negotiated peace between Israel and its neighbors. Israel's defensive strength through the supply of advanced types of equipment, such as the F-16 aircraft. The United [From the New York Times, Sept. 18, 1975] States Government agrees to an early meeting to undertake a joint study of high technology and sophisticated items, in- U.S.-ISRAEL PACT ON GENEVA cluding the Pershing ground-to-ground missiles with conven- (Special to The New York Times) tional warheads, with the view to giving a positive response. The U.S. Administration will submit annually for approval WASHINGTON, Sept. 17-Following is the text of a pre- by the U.S. Congress a request for military and economic viously unpublished memorandum of agreement between the assistance in order to help meet Israel's economic and military United States and Israel dealing with the Geneva peace needs. conference. 38 1. The Geneva peace conference will be reconvened at a time coordinated between the United States and Israel. 2. The United States will continue to adhere to its present policy with respect to the Palestine Liberation Organization, whereby it will not recognize or negotiate with the Palestine Liberation Organization SO long as the Palestine Liberation ADDITIONAL VIEWS OF HON. STEPHEN J. SOLARZ, HON. Organization does not recognize Israel's right to exist and BENJAMIN S. ROSENTHAL, AND HON. CHARLES WILSON does not accept Security Council Resolutions 242 and 338. The United States Government will consult fully and seek We support the presence of American technicians in the Sinai be- to concert its position and strategy at the Geneva peace con- cause we are convinced it is the cement which holds together the recent ference on this issue with the Government of Israel. Simi- agreement between Israel and Egypt. larly, the United States will consult fully and seek to concert If Congress were to reject the resolution it would probably result its position and strategy with Israel with regard to the par- in the collapse of the understandings arrived at a short while ago and ticipation of any other additional states. It is understood that, we believe, would have potentially catastrophic consequences not that the participation at a subsequent phase of the con- only for Israel-our only reliable democratic ally in the Middle East- ference of any possible additional state, group or organiza- but for our own country as well. tion will require the agreement of all the initial participants. We do not believe that the recent agreement represents the mil- 3. The United States will make every effort to insure at the lennium in the Middle East. Israel has made very tangible territorial conference that all the substantive negotiations will be on a withdrawals in exchange for what are, in the final analysis, rather bilateral basis. intangible political concessions. The real test of the agreement is 4. The United States will oppose and, if necessary, vote whether it leads to a renewal of war or progress toward peace. But to against any initiative in the Security Council to alter ad- the extent it has resulted in a reduction of tensions and a period of versely the terms of reference of the Geneva peace conference peace in which both sides will have an opportunity to gain confidence or to change Resolutions 242 and 338 in ways which are in- in the willingness of the other to implement such a settlement, we compatible with their original purpose. think we are presumptively better off with the accord than we would 5. The United States will seek to insure that the role of the have been without it. co-sponsors will be consistent with what was agreed in the The alternative to a second stage interim agreement between Israel memorandum of understanding between the United States and Egypt was, after all, not a grand settlement of all the outstanding Government and the Government of Israel of Dec. 20, 1972. issues dividing Israel from its Arab neighbors-issues which have 6. The United States and Israel will concert action to assure defied solution for over a quarter of a century now-but the very real that the conference will be conducted in a manner consonant probability of another round in the continuing conflict in the Middle with the objectives of this document and with the declared East. Such a war, if it broke out, would threaten to drag both of the purpose of the conference, namely the advancement of a nego- great superpowers into its vortex with all of the attendant possibili- tiated peace between Israel and its neighbors. ties for the outbreak of nuclear hostilities and the collapse of con- LEE H. HAMILTON. temporary civilization. Even if such a doomsday scenario never came to pass, a fifth war in the Middle East could possibly produce another embargo on Arab oil, thereby creating the most serious problems imaginable, not only for our own economy, but for the economies of almost all the other nations of the world as well. There are some who contend that the brief "breathing spell" gen- erated by the agreement will result in a stiffening of the Israeli position with respect to such issues as the Golan Heights and the West Bank- thereby decreasing rather than increasing the prospects for a lasting peace in theMiddle East. We think such criticisms miss the point en- tirely The real obstacle to peace in the Middle East lies in the massive mistrust which has made more far-reaching agreements and direct ne- gotiations impossible. What is needed, more than anything else, is the kind of movement toward peace-represented by the Sinai settle- ment-which will make it politically possible for additional agree- ments to be arrived at in the future. It would, in our judgment, be the height of naiveté to expect a dispute as bitter and longlasting as the (39) 40 conflict between Israel and the Arabs to be settled overnight. Only if each side can learn to have some confidence in the peaceful intentions of the other will both sides be willing to make the kind of mutual con- cessions which are a precondition for a just and lasting peace. There are others who contend that the presence of our technicians in the Passes will as surely draw us into an armed conflict in the Middle ADDITIONAL VIEWS OF HON. WILLIAM S. BROOMFIELD East as the activity of our "advisers" drew us into a massive military involvement in Vietnam. We would contend, however, that this analogy I can see no compelling reason for Congress to delay further in obscures rather than clarifies the fundamental distinctions between approving American observers in the Sinai passes. The September 1 these two very different situations. Disengagement Agreement is an important step toward peace in the In Vietnam we were present at the request of one side. In the Middle Middle East; it cannot become effective until Congress approves the East we will be present at the behest of both sides. stationing of American observers in the Sinai. In Vietnam we had military advisers. In the Middle East we will A contingent of American civilians manning early warning stations have civilian technicians. in the Sinai passes is in no way analogous to our early involvment in In Vietnam our "advisers" were there to wage war. In the Middle Vietnam, nor is the possibility of increased involvement similar to our East our technicians will be there to preserve peace. Southeast Asia experience. Up to 200 Americans will be interposed be- In Vietnam we were there to protect what were, at best only marginal tween Israeli and Egyptian forces at the behest of both parties. Their American interests. In the Middle East we will be there to protect our mission will be to serve the peace rather than the military objectives of most vital national interests. any nation. They can, and will, be removed by Congress or by the ad- In any case, an American presence in the Passes will be neither new ministration if hostilities are imminent or if they are otherwise nor unprecedented. The fact is that 260 Americans have already served endangered. from time to time in the U.N. peacekeeping force in the Sinai. During The American observers will be better insulated from possible terror- that period of time there was not one reported incident of terrorist ac- ist incidents than their compatriots living in Cairo and Tel Aviv. They tivity directed at either them or any of the other nationals who com- will be protected on both sides by military forces anxious to have them pose the UNTSO force. Indeed, we dare say that the 200 technicians, remain in place. surrounded as they will be by the Israeli Army in the east and the The question of related agreements, understandings, and commit- Egyptian Army in the west, with 5,000 to 6,000 U.N. troops in the mid- ments-oral or written, tacit or explicit, public or private-is irrele- dle, will be far safer than they would be if we sent them instead out vant to this legislation. Section 5 of the joint resolution establishes be- onto the nighttime streets of any major metropolitan center in America. yond any reasonable doubt that, in authorizing American observers in It is, in this sense, probably not an exaggeration to suggest that they the Sinai, Congress is not acceding to any other agreement, under- will most likely face more of a danger from boredom than from standing, or commitment made by the executive branch. We are terrorists. merely doing what is required of us to see that the agreement takes Finally, we think it important to point out that a number of amend- effect. ments adopted in committee have made it extremely unlikely that the By providing authority to send the observers, Congress does not resolution will somehow result in American participation in another imply endorsement of any military or economic assistance levels for Middle East war. In addition to expressing the sense of Congress that Israel or Egypt this fiscal year. These aid levels will be determined at nothing in the Resolution should be construed as an endorsement of an appropriate time, independent of the legislation before us. any of the understandings entered into by the United States with Israel Prompt approval of House Joint Resolution 683 is essential if we and Egypt, the resolution was also changed to provide the Congress are to maintain the momentum toward peace in the Middle East, and with the ability-through the use of a privileged resolution-to re- I strongly urge my colleagues to endorse this legislation without quire the removal of the American technicians if it "determines that further delay. the safety of such personnel is jeopardized or that continuation of their WILLIAM S. BROOMFIELD. role is no longer necessary." (41) In conclusion, we believe that the advantages of the resolution-and of the agreement between Israel and Egypt which it will make pos- O sible-far outweigh its disadvantages and we urge its prompt and ex- peditious enactment. STEPHEN J. SOLARZ, BENJAMIN S. ROSENTHAL, CHARLES WILSON. Calendar No. 406 94TH CONGRESS SENATE REPORT 1st Session No. 94-415 EARLY WARNING SYSTEM IN SINAI OCTOBER 7 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed Mr. SPARKMAN, from the Committee on Foreign Relations, submitted the following REPORT together with INDIVIDUAL VIEWS [To accompany S. J. Res. 138] The Committee on Foreign Relations, having had under considera- tion implementation of the United States proposal for the early- warning system in Sinai, reports an original joint resolution and recommends that it pass. PURPOSE The principal purpose of S. J. Res. 138 is to authorize the stationing of up to 200 United States civilan technicians in the Sinai in connec- tion with the disengagement agreement of September 4, 1975 between Israel and Egypt. COMMITTEE ACTION The President sent to the Congress on September 2, 1975, a letter enclosing a text of a proposal to be signed by the President of Egypt and the Prime Minister of Israel regarding the terms under which American civilian personnel could operate an early warning system in the buffer zone between the Israeli and Egyptian forces in the Sinai. The President said : "I intend to request formally that Congress approve this document. I would appreciate your views on the form which this approval should take." The text of the United States pro- posal is appended to this report. The executive branch also provided the text of an agreement between Egypt and Israel and an annex to that agreement together with a map showing the lines related to disengagement and the locations of the surveillance and watch stations. This material is also appended. 59-688 O 2 3 At an executive hearing of the Committee on Thursday, Septem- record. Mr. Yost suggested that the Congress should not take formal ber 4, the Secretary of State provided certain classified materials action in regard to the assurances and undertakings noting: relating to United States assurances and understandings in regard It would certainly be most unfortunate to disavow these to the disengagement. The Committee held a further executive hearing commitments at this stage because to do SO might vitiate the on September 8 with Under Secretary of State Joseph Sisco to review underlying Israel-Egypt agreement. On the other hand, I the materials, and later the same day the Chairman and ranking should not like to see these commitments made any more minority member reviewed the record of negotiations in order to formal and binding than they already are, in connection with ascertain whether there were further assurances and undertakings a clearly partial and interim agreement. involving the United States. The Committee held additional executive sessions on September 24 Despite his reservations as to the Sinai disengagement accords, Mr. and 25 and met first with Under Secretary Sisco and later with Secre- Ball urged favorable action upon the Committee. He told the Com- tary Kissinger to discuss the question of proper means of public dis- mittee. closure of United States assurances and undertakings and other mat- I am not suggesting to you this morning that you should ters related to the Sinai disengagement. vote against the President's request on the narrow issue which On September 30, the Committee approved a resolution offered by is before you the supplying of American technicians to man Senator Javits as follows: warning system in the U.N. buffer area in the Sinai. The Resolved, That the President is requested to inform the Secretary of State has negotiated the whole complex of ar- Committee on Foreign Relations of all the assurances and rangements under dramatic circumstances, which have fo- undertakings by the United States on which Israel and cused world attention on his efforts. That process has required Egypt are relying in entering into the Sinai agreement and too large an investment of American prestige and authority that there are no other assurances or undertakings. for the United States Congress to reject the result at this late date without damaging America's ability to play the cen- Subsequently, the Committee received the following: tral and essential role of leadership in international diplo- macy, which our position of power and responsibility requires. CERTIFICATION Thus a rejection would prejudice, rather than advance, the I hereby certify on behalf of the President and the Admin- cause of peace in the Middle East. istration that the documents on the Sinai disengagement Professor Berger said that he fully concurred with Mr. Ball's which we have provided to the Committee in connection with judgment that the arrangements should not be rejected. However, he the United States proposal for stationing technicians in the expressed the view that: Sinai, include all the undertakings, commitments, and assur- The lesson I would draw from the Israel agreement is that ances which the United States regards as legally binding or the Senate needs to take steps to reclaim its constitutional which will become legally binding upon signature of the powers and rights in the domain of foreign relations, its right two Memoranda of Agreement. It also includes all the under- to full participation in the making of international agree- takings, commitments, and assurances upon which either ments. Israel or Egypt is legally entitled to rely. Senator Abourezk urged that the assurances and undertakings be HENRY A. KISSINGER. treated as a treaty noting: OCTOBER 7, 1975. The obligations undertaken by the United States are seri- In the meantime, the Committee held additional meetings with the ous enough for it to be debated as a treaty and approved as Secretary of State in executive session on October 2 and 3. On the one. I think we are required to consider it as such to conform latter date, the Committee voted 12 to 2 to release documents related to the constitutional processes of an open decision, openly to United States assurances and undertakings as provided by the De- arrived at. partment of State. Voting yea were Senators Sparkman, Church, Mr. Warnke urged the Congress to seek Presidential agreement that McGee, McGovern, Humphrey, Clark, Biden, Case, Javits, Scott, assurances and undertakings made by the United States in con- Pearson, and Percy. Voting nay were Senators Pell and Griffin. nection with the Sinai disengagement agreement do not represent Public hearings were held on the matter October 6. commitments but are "only good faith statements of present Witnesses included: Senator James Abourezk, George Ball, Paul intention Warnke, Charles Yost, John Volkmar, Robert Bartell, Rabbi Kranz, At a hearing on October 7, Senator Thomas F. Eagleton told the William Perl, Rabbi Shlomo Thaler, William A. Small, Edmond Members that the Committee should report out a resolution approving Hower, James Zogby, Richard C. Shadyac and Robert Dreyfuss. technicians for the Sinai. However, he questioned the constitutional Raoul Berger of Harvard University submitted a statement for the validity of the executive agreements made in connection with the Sinai disengagement. 4 5 Professor Roger Fisher of the Harvard School of Law told the in some instances they are merely formal reaffirmations of Committee that the assurances and undertakings should be considered existing American policy. Other provisions refer to contin- as treaties and should be treated by the Congress with that in mind. gencies which may never arise and are related-sometimes In public testimony October 7, Secretary of State Kissinger told the explicitly-to present circumstances subject to rapid change. Committee that the disengagement agreement is indespensible to the Second, undertakings or assurances by the U.S. which are process of peace noting: conditional on existing or prior authorization and appro- priation of the Congress or which fall within the consti- I can state that the prospects for peace in the Middle East tutional authority of the President to conduct the foreign have been significantly advanced, and that good chances exist relations of the United States. for even further progress-if we have the wisdom and the Thus to speak of Memoranda of Agreement as Executive national will to seize the opportunity before us. Agreements is by no means to say that each of their individual Secretary Kissinger told the Members that the administration has provisions is binding upon the United States. That depends certified that the classified documents provided the Committee- entirely upon the content of the specific provisions in ques- include all of the assurances, undertakings, and commitments tion. Moreover, nothing in these particular documents con- strains Congressional action in any issue involving the future which we consider to be legally binding upon the United legislative process. States. These documents also contain many provisions which The fact that many provisions are not by any standard are not considered legally binding; they were submitted be- international commitments does not mean, of course, that the cause they were contained in documents which include bind- United States is morally or politically free to act as if they ing clauses and which were initialed or signed by the did not exist. On the contrary, they are important statements United States and one of the parties. of diplomatic policy and engage the good faith of the United Mr. Kissinger said that the executive branch also included ex- States SO long as the circumstances that gave rise to them cerpts from other classified documents "in the negotiating record continue. But they are not binding commitments of the which the Administration believes are legally binding assurances, United States. undertakings, or commitments. We have included in this category The Committee met in executive session the afternoon of October 7 certain provisions which, although not regarded by the Administration to consider the Sinai disengagement question and took as a working as binding, might be so regarded by others." document the text of H.J. Res. 686 although that resolution was not The Secretary of State told the Members: formally before it, not having passed the House. Section 5 of that I am authorized on behalf of the President to state that resolution, as reported by the House International Relations Commit- there are no other assurances or undertakings, beyond those tee, provided that: already submitted to the Congress, which are binding upon The authority contained in this joint resolution to imple- the United States. We will make no contrary claim in the fu- ment the United States Proposal for the Early Warning Sys- ture; nor can any other government. tem in Sinai does not signify approval of the Congress of any The Secretary said further: other agreement, understanding, or commitment made by the A vote in favor of the specific, limited U.S. role in the early executive branch. warning system will not thereby commit the Congress to a On motion of Senator Church, the Committee amended that section position on any other issue-whether it be the question of to provide that the authority contained in the resolution "does not undertakings and assurances to the parties involved; our signify approval or disapproval by the Congress of any other assur- continuing relations with various countries of the area; a ance or undertaking". Subsequently, this action was reconsidered and given level of budget support; or our policies and programs S.J. Res. 138, as reported, follows the House committee text. Although in the Middle East. Those are separate issues which you will in normal circumstances the Committee would have preferred the want to consider carefully at the appropriate time. Many will language of the Church amendment, it feels that the exigencies of come up in the normal authorization and appropriation proc- the present situation are such that the delays involved in a conference ess; they are not an integral part of the Egyptian-Israeli with the House should be avoided if at all possible. These actions were Agreement. taken by voice vote. Addressing the question of United States assurances and under- By a note of 2 yeas to 10 nays, the Committee rejected the following takings to Israel and Egypt, the Secretary said: amendment by Senator Biden: Not all provisions in these documents amount to binding Section -. In taking action pursuant to this Resolution, the undertakings. They include: President agrees that any other assurances, pledges or under- First, assurances by the U.S. of our political intentions. takings, including but not limited to all the provisions of These are often statements typical of diplomatic exchange; memoranda of agreements E, F, G, and H, made on behalf of the United States in connection with the agreement signed on 7 6 Clause 4 asserts that the implementation of the U.S. pro- September 4, 1975 by the Government of the Arab Republic posal for an early-warning system in Sinai may enhance the of Egypt and the Government of Israel are only good faith prospect of compliance with the terms of the Egyptian-Israeli statements of present intention of his, designed to promote the agreements and thereby promote the cause of peace. basic purpose of a just and stable peace in the Middle East; and RESOLVED CLAUSES That any such other assurances, pledges or undertakings do not preclude the United States from taking such action as The substantive or "resolved" clauses of the resolution are encom- from time to time it may determine to be necessary or useful passed in five sections: to advance the purpose of a just and stable peace in the Middle East. Section 1-Implementation This provision authorizes the President to implement the "United Voting yea were Senators McGovern, Clark, and Biden. Voting States Proposal for the Early-Warning System in Sinai," subject to nay were Senators Church, McGee, Humphrey, Case, Javits, Scott, the proviso that U.S. personnel assigned to Sinai under the proposal Pearson, Percy, Griffin, and Sparkman. will be removed immediately under two specific contingencies: (1) if Having once again reviewed documents related to the record of there is an outbreak of hostilities between Egypt and Israel; or (2) if negotiations, Senators Sparkman and Case told Committee Members: the Congress by concurrent resolution determines that the safety of Apart from certain assurances and undertakings which we such personnel is jeopardized or that continuation of their role is no have been responsibly informed have been in effect since be- longer necessary. fore the beginning of the negotiations leading to the Israel- The Secretary of State has informed the Committee that he does not Egypt Agreement of September 4, 1975, the documents shown object to the inclusion of these provisions. to us disclose no assurances or undertakings by the United Section 2-Concurrent Resolution "Privilege" States which differ significantly from those which have been presented to the full Committee. This provision states that the concurrent resolution provided for in section 1 should be privileged in the same manner and to the same The Committee then voted 14 to 2 to report House Joint Resolution extent as a concurrent resolution described in section (c) of the War 683 as follows: Yeas: Senators Sparkman, Church, Symington, Pell, Powers Resolution (Public Law 93-148) is privileged under section 7 McGee, McGovern, Humphrey, Clark, Case, Javits, Scott, Pearson, of that law. Following are the two sections: Percy, and Griffin. Nays: Senators Mansfield and Biden. Senator Biden then moved that the Committee recommend to the SEC. 5. (c) Notwithstanding subsection (b), at any time Senate that a secret memorandum provided the Committee by the that United States Armed Forces are engaged in hostilities Department of State Legal Advisor, Monroe Leigh, be declassified. outside the territory of the United States, its possessions and The Leigh memorandum gives his judgment as to which portions of territories without a declaration of war or specific statutory the assurances and undertakings are binding and which are not bind- authorization, such forces shall be removed by the President ing. Senator Biden's motion was rejected by a vote of 3 yeas and 10 if the Congress SO directs by concurrent resolution. * nays as follows: Yeas: Senators Church, Clark, and Biden. Nays: Senators Pell, McGee, Humphrey, Case, Javits, Scott, Pearson, Percy, SEC. 7. (a) Any concurrent resolution introduced pursuant Griffin, and Sparkman. to section 5 (c) shall be referred to the Committee on Foreign Affairs of the House of Representatives or the Committee on SECTION-BY-SECTION ANALYSIS Foreign Relations of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such com- PREAMBLE mittee together with its recommendations within fifteen cal- endar days, unless such House shall otherwise determine by The Joint Resolution contains four prefatory ("whereas") clauses the yeas and nays. designed to put the resolution in context: (b) Any concurrent resolution SO reported shall become the Clause 1 notes that the agreement signed between Egypt pending business of the House in question (in the case of the and Israel on September 4 may constitute, when it enters into Senate the time for debate shall be equally divided between force, a significant step toward peace in the Middle East. the proponents and the opponents) and shall be voted on Clause 2 states that the U.S. proposal calls for the United within three calendar days thereafter, unless such House shall States to assign up to 200 American civilian personnel to otherwise determine by yeas and nays. carry out specified noncombat functions under agreed-on con- (c) Such a concurrent resolution passed by one House shall ditions and terms. be referred to the committee of the other House named in Clause 3 points out that the proposal would permit the subsection (a) and shall be reported out by such committee United States to withdraw such personnel if it concludes that together with its recommendations within fifteen calendar their safety is jeopardized or that their role is no longer days and shall thereupon become the pending business of such necessary. 8 9 House and shall be voted upon within three calendar days, for annual operations, equipment and personnel. Thus the cost for unless such House shall otherwise determine by yeas and nays. fiscal 1976 would be an estimated $20 million, with a projected annual (d) In the case of any disagreement between the two expense of $10 million for succeeding years. Houses of Congress with respect to a concurrent resolution It should be noted that the joint resolution does not contain any passed by both Houses, conferees shall be promptly appointed authorization of appropriations. Funding for the technicians will be and the committee of conference shall make and file a report requested by the executive branch at a later time. with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of con- COMMITTEE COMMENTS ference. Notwithstanding any rule in either House concern- Most of the Committee's consideration of this matter has been ing the printing of conference reports in the Record or con- cerning any delay in the consideration of such reports, such centered on two questions: (1) the extent to which approval of the report shall be acted on by both Houses not later than six 200 technicians might commit the United States to a broader network calendar days after the conference report is filed. In the event of assurances, undertakings, or agreements; and (2) the extent to the conferees are unable to agree within 48 hours, they shall which the elements of this broader network were divulged to the report back to their respective Houses in disagreement. Committee, the Congress, and the country. As indicated above, the Committeed is satisfied that it has been in- Section 3-Volunteers formed of all the relevant assurances and undertakings which are a This provision emphasizes that U.S. civilian personnel participat- part of the overall Sinai agreements. ing in the early-warning system in Sinai should include only individ- Further, the Committee has taken pains, both in the language of the uals who have volunteered for such an assignment. resolution before the Senate and in its legislative history, to nail The Committee supports and endorses the intention of the executive down the point that Congressional approval of the proposal to send branch that the technicians be civilian volunteers who are not presently 200 technicians to the Sinai Peninsula is precisely that-no more, no employed by the Central Intelligence Agency. The Committee was less-and that it does not imply approval or disapproval of anything further assured that the technicians will not operate under the control else. of the Central Intelligence Agency or the Department of Defense. At the same time, the Committee recognizes that some of the ancil- Section 4-Reporting Requirement lary agreements will result in requests to Congress for authorizations This section provides for written reports from the President to Con- and appropriations. The point the Committee wishes to emphasize is gress, at least semi-annually, as long as American technicians partici- that by approving the limited proposal for technicians in the Sinai pate in the early warning system. The reports are to cover the status, the Congress does not in any way bind itself to any particular course scope, and anticipated duration of such participation, and the feasi- of action with respect to future proposals. bility of reducing their participation by substituting nationals of The Committee also wishes to underline the urgency of the situation. other countries or by making technological changes. The appropriate The basic agreement between Israel and Egypt was signed in Geneva committees of Congress are to hold prompt hearings on each such on September 4. Both sides requested American technicians, and the Israelis have made it clear from the beginning that implementation of report. the agreement was dependent on Congressional approval of the tech- Section 5-Interpretation of Resolution nicians. Although the original Administration request for Congres- This provision makes clear that the authority contained in this joint sional action within two weeks was unrealistic, five weeks have now resolution does not signify approval of the Congress for any other passed-weeks in which the Foreign Relations Committee has devoted agreement, understanding, or commitment which may have been made itself to this question to the exclusion of almost all other business. It by the executive branch, particularly any such which relate to a has been time well spent, and the Committee has made a record which settlement in the Middle East. should serve to allay many of the concerns that were originally ex- The Committee notes that failure to signify approval does not con- pressed both in Congress and the general public. But in the meantime, note disapproval. The Committee does not intend to pass judgment Israel and Egypt have negotiated a timetable for implementation of on any related assurances or undertakings made in connection with the basic Agreement. The first step under that timetable was scheduled the disengagement agreement. The Committee intends solely to recom- to be taken October 5. It will not be taken until Congress acts on this mend approval of the United States proposal for the stationing of resolution. As the President wrote to the Chairman of the Foreign American technicians in the Sinai in connection with the operation of Relations Committee September 29: surveillance stations by Israel and Egypt and to operate a three- Delay in Congressional action will, therefore, delay imple- station early-warning system. mentation of the basic Agreement. It will risk causing the lengthy and difficult negotiations on the entire five-month COST ESTIMATE implementing timetable to be reopened. It will prevent a The executive branch estimates the cost of recruiting and installing lessening of the risks of war. If for any reason the agreement the technicians will be $10 million with an additional $10 million cost should fail, the responsibility would be heavy indeed. INDIVIDUAL VIEWS OF SENATOR CLAIBORNE PELL I voted against publication by the Committee of the various state- ments of intention and understanding received from the Executive Branch because I believe that, except for those concerned with the oil supply, most of the paragraphs in them are basically statements of intention on the part of Dr. Kissinger and of the Administration. By incorporating these statements into our official hearings, we are esca- lating these statements of intent into a more concrete specific form and they are more likely to bind this and future Administrations than would otherwise be the case. What were intended as statements of good faith effort and intent are, perhaps, being escalated into agreements. If the argument is advanced that Senators need the statements in order to arrive at a decision on the Floor as to how to vote, all that is needed would be to put a copy of the New York Times and Washing- ton Post reprints on every Member's desk. And, from the viewpoint of the American people, these statements are already known because they have been reprinted in practically every paper across the length and breadth of our land. CLAIBORNE PELL. (11) APPENDIX PROPOSAL In connection with the early warning system referred to in Article IV of the Agreement between Egypt and Israel concluded on this date and as an integral part of that Agreement, (hereafter referred to as the Basic Agreement), the United States proposes the following: 1. The early warning system to be established in accordance with Article IV in the area shown on the map attached to the Basic Agree- ment will be entrusted to the United States. It shall have the follow- ing elements: A. There shall be two surveillance stations to provide strategic early warning, one operated by Egyptian and one operated by Israeli personnel. (Their locations are shown on the map attached to the Basic Agreement.) Each station shall be manned by not more than 250 technical and administrative personnel. They shall perform the functions of visual and electronic surveillance only within their stations. B. In support of these stations, to provide tactical early warn- ing and to verify access to them, three watch stations shall be established by the United States in the Mitla and Giddi Passes as will be shown on the map attached to the agreement. These stations shall be operated by United States civilian personnel. In support of these stations, there shall be established three un- manned electronic sensor fields at both ends of each Pass and in the general vicinity of each station and the rods leading to and from those stations. 2. The United States civilian personnel shall perform the following duties in connection with the operation and maintenance of these stations. A. At the two surveillance stations described in paragraph 1A, above, United States personnel will verify the nature of the op- erations of the stations and all movement into and out of each station and will immediately report any detected divergency from its authorized role of visual and electronic surveillance to the Parties to the Basic Agreement and to the United Nations emer- gency force. B. At each watch station described in paragraph 1B, above, the United States personnel will immediately report to the Parties to the Basic Agreement and to the United Nations emergency force and movement of armed forces, other than the United Nations emergency force, into either Pass and any observed prep- arations for such movement. C. The total number of United States civilian personnel as- signed to functions under this proposal shall not exceed 200. Only civilian personnel shall be assigned to functions under this proposal. (13) 14 15 3. No arms shall be maintained at the stations and other facilities The Parties also confirm that the obligations contained in the Annex covered by this proposal, except for small arms required for their and, when concluded, the Protocol shall be an integral part of this protection. Agreement. 4. The United States personnel serving the early warning system ARTICLE IV shall be allowed to move freely within the area of the system. 5. The United States and its personnel shall be entitled to have such A. The military forces of the Parties shall be deployed in accordance support facilities as are reasonably necessary to perform their with the following Principles: functions. (1) All Israeli Forces shall be deployed east of the lines desig- 6. The United States personnel shall be immune from local criminal, nated as lines JA and M on the attached map. civil, tax and customs jurisdiction and may be accorded any other (2) All Egyption Forces shall be deployed west of the line specific privileges and immunities provided for in the United Nations designated as Line E on the attached may. emergency force agreement of February 13, 1957. (3) The area between the lines designated on the attached map 7. The United States affirms that it will continue to perform the as lines E and F and the area between the lines designated on the functions described above for the duration of the Basic Agreement. attached map as lines J and KA shall be limited in armament and 8. Notwithstanding any other provision of this proposal, the United forces. States may withdraw its personnel only if it concludes that their safety (4) The limitations on armament and forces in the areas de- is jeopardized or that continuation of their role is no longer necessary. scribed by Paragraph (3) above shall be agreed as described in In the latter case the Parties to the Basic Agreement will be informed the attached Annex. in advance in order to give them the opportunity to make alternative (5) The zone between the lines designated on the attached map arrangements. If both Parties to the Basic Agreement request the as lines E and J, will be a Buffer Zone. In this zone the United Na- United States to conclude its role under this proposal, the United tions Emergency Force will continue to perform its functions as States will consider such requests conclusive. under the Egyptian-Israeli Agreement of January 18, 1974. 9. Technical problems including the location of the watch stations (6) In the area south from Line E and west from Line M, as will be worked out through consultation with the United States. defined on the attached map, there will be no military forces, as specified in the attached Annex. AGREEMENT BETWEEN EGYPT AND ISRAEL B. The details concerning the new lines, the redeployment of the The Government of the Arab Republic of Egypt and the Govern- forces and its timing, the limitation on armaments and forces, aerial ment of Israel have agreed that: reconnaissance, the operation of the early warning and surveillance installations and the use of the roads, the United Nations functions and other arrangements will all be in accordance with the provisions of the ARTICLE I Annex and map which are an integral part of this Agreement and of The conflict between them and in the Middle East shall not be the Protocol which is a result from negotiations pursuant to the Annex resolved by military force but by peaceful means. and which, when concluded, shall become an integral part of this The Agreement concluded by the Parties January 18, 1974, within Agreement. the framework of the Geneva Peace Conference, constituted a first step ARTICLE V towards a just and durable peace according to the Provisions of Se- curity Council Resolution 338 of October 22, 1973. The United Nations Emergency Force is essential and shall continue They are determined to reach a final and just peace settlement by its functions and its mandate shall be extended annually. means of negotiations called for by Security Council Resolution 338, this Agreement being a significant step towards that end. ARTICLE VI The Parties hereby establish a Joint Commission for the duration ARTICLE II of this Agreement. It will function under the Aegis of the Chief Co- The Parties hereby undertake not to resort to the threat or use of ordinator of the United Nations Peacekeeping Missions in the Middle force or military blockade against each other. East in order to consider any problem arising from this Agreement and to assist the United Nations Emergency Force in the execution of its mandate. The Joint Commission shall function in accordance with ARTICLE III procedures established in the Protocol. The Parties shall continue scrupulously to observe the ceasefire on land, sea and air and to refrain from all military or para-military ARTICLE VII actions against each other. Non-military cargoes destined for or coming from Israel shall be permitted through the Suez Canal. 16 17 ARTICLE VIII entrusted to United States civilian personnel as detailed in a separate proposal, which is a part of this Agreement. This Agreement is regarded by the Parties as a significant step (D) Authorized personnel shall have access to the buffer zone for toward a just and lasting peace. transit to and from the early warning system; the manner in which It is not a final peace agreement. this is carried out shall be worked out by the working group and the The Parties shall continue their efforts to negotiate a final peace United Nations emergency force. agreement within the framework of the Geneva Peace Conference in accordance with Security Council Resolution 338. 3. AREA SOUTH OF LINE E AND WEST OF LINE M ARTICLE IX (A) In this area, the United Nations emergency force will assure that there are no military or para-military forces of any kind, mili- This Agreement shall enter into force upon signature of the Proto- tary fortifications and military installations; it will establish check- col and remain in force until superseded by a new Agreement. points and have the freedom of movement necessary to perform this For the Government of the Arab Republic of Egypt: function. (B) Egyptian civilians and third country civilian oil field personnel For the Government of Israel shall have the right to enter, exit from, work, and live in the above indicated area, except for buffer zones 2A, and 2B and the United Na- Witness: tions posts. Egyptian civilian police shall be allowed in the area to perform normal civil police functions among the civilian population in such numbers and with such weapons and equipment as shall be pro- ANNEX TO EGYPT-ISRAEL AGREEMENT vided for in the protocol. Within five days after the signature of the Egypt-Israeli Agree- (C) Entry to and exit from the area, by land, by air or by sea, shall ment, representatives of the two Parties shall meet in the military be only through United Nations emergency force checkpoints. The working group of the Middle East peace conference at Geneva to United Nations emergency force shall also establish checkpoints along begin preparation of a detailed protocol for the implementation of the the road, the dividing line and at other points, with the precise loca- Agreement. The working group will complete the protocol within two tions and number to be included in the protocol. weeks. In order to facilitate preparation of the protocol and implemen- (D) Access to the airspace and the coastal area shall be limited to tation of the Agreement, and to assist in maintaing the scrupulous unarmed Egyptian civilian vessels and unarmed civilian helicopters observance of the ceasefire and the elements of the Agreement, the two and transport planes involved in the civilian activites of the area as Parties have agreed on the following principles, which are an integral agreed by the working group. part of the Agreement, as guidelines for the working group. (E) Israel undertakes to leave intact all currently existing civilian installations and infrastructures. 1. DEFINITIONS OF THE LINES AND AREAS (F) Procedures for use of the common sections of the coastal road along the Gulf of Suez shall be determined by the working group and The deployment lines, areas of limited forces and armaments, buffer detailed in the protocol. zones, the area south from line E and west from line M, other desig- nated areas, road sections for common use and other features referred 4. AERIAL SURVEILLANCE to in Article IV of the Agreement shall be as indicated on the attached map. There shall be a continuation of aerial reconnaissance missions by 2. BUFFER ZONES the United States over the areas covered by the agreement (the area between lines F and K), following the same procedures already in (a) Access to the buffer zones will be controlled by the United Na- practice. The missions will ordinarily be carried out at a frequency of tions emergency force, according to procedures to be worked out by one mission every 7 to 10 days, with either party or the United Nations the working group and the United Nations emergency force. emergency force empowered to request an earlier mission. The United (B) Aircraft of either party will be permitted to fly freely up to States Government will make the mission results available expedi- the forward line of that party. Reconnaissance aircraft of either party tiously to Israel, Egypt and the chief coordinator of the United Na- may fly up to the middle line of the buffer zone between E and J on tions peacekeeping mission in the Middle East. an agreed schedule. (C) In the buffer zone, between line E and J there will be estab- lished under Article IV of the Agreement an early warning system 18 19 5. LIMITATION OF FORCES AND ARMAMENTS (A) Within the areas of limited forces and armaments (the areas Line Line Port Fu'ld Line J Line K between lines J and K and line E and F) the major limitations shall be as follows: (1) Eight (8) standard infantry battalions ISRAEL (2) Seventy-five (75) tanks (3) Seventy-two (72) artillery pieces, including heavy mor- tars (E. E. with caliber larger than 120 MM), whose range shall not exceed twelve (12) KM. Ismaile Beffer Zame 1 + (4) The total number of personnel shall not exceed eight thou- sand (8,000). (5) Both Parties agree not to station or locate in the area weapons which can reach the line of the other side. Pass (6) Both Parties agree that in the areas between lines J and K, Libelter Zone and between line A (Of the Disengagement Agreement of Janu- ary 18, 1974) and line E, they will construct no new fortifications Tawhig or installations for forces of a size greater than that agreed herein. (B) The major limitations beyond the areas of limited forces and armament will be: (1) Neither side will station nor locate any weapon in areas from which they can reach the other line. SINAI (2) The Parties will not place anti-aircraft missiles within an Line EGYPT area of ten (10) kilometres each of line K and west of line F, respectively. U.N. Posts is the Samam Faroun areao (C) The United Nations Emergency Force will conduct inspections in order to ensure the maintenance of the agreed limitations within Zanimah Beffer Zene-2A these areas. Rudaya, M 6. PROCESS OF IMPLEMENTATION The detailed implementation and timing of the redeployment of SAUDI Buffer Zone forces, turnover of oil fields, and other arrangements called for by the ARABIA Agreement, Annex and Protocol shall be determined by the Working Sinai Peninsula Group, which will agree on the stages of this process, including the Disengagement Agreement phased movement of Egyptian troops to line E and Israeli troops to September 1975 line J. The first phase will be the transfer of the oil fields and installa- tion to Egypt. This process will begin two weeks from the signature of The summer read along the Gelf of Suaz the Protocol with the introduction of the necessary technicians, and it will be completed no later than eight weeks after it begins. The details of the phasing will be worked out in the Military Working Group. Implementation of the redeployment shall be completed within 5 months after signature of the Protocol. Miss to For the Government of the Arab Egyptian Republic: For the Government of Israel LINE E: The Egyptian line. LINE J: The Israeli line, the lines E and J will extend 12 nautical Witness: miles into the Mediterranean Sea perpendicular to the direction of the coast and the area between the lines will be a U.N. buffer zone. LINE K: The limit of the Israeli area of limited forces and armaments. LINE F: The limit of the Egyptian area of limited forces and arma- ments. 20 LINE M: The line separating the Israeli-controlled area from; the area south of line E and west of line M; and the areas of buffer zones 2A and 2B. B.Z-1: The buffer zone between lines E and J. B.Z-2A: The buffer zones along the Gulf of Suez. B.Z-2B : Road sections for common use. E-1: Egyptian surveillance station. J-1: Israeli surveillance station. U.S.A.-W.S.: U.S.A. watch stations 1; 2; 3. U.S.A.-E.S.F.: U.S.A. electronic sensor fields 1; 2; 3. U.N. posts in the Hamam Faroun area. FOR IMMEDIATE RELEASE OCTOBER 13, 1975 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE REMARKS OF THE PRESIDENT UPON SIGNING H. J. RES. 683 THE OVAL OFFICE 2:00 P.M. EDT I am deeply gratified today to sign this important measure which was approved last week by an overwhelming majority of both Houses of the Congress. My signature reaffirms the commitment of the United States to work toward a just and lasting peace for all nations and all peoples in the Middle East. The Sinai Agreement, which American civilians will help support, is a significant step toward an overall settlement in the Middle East. But neither the United States nor Egypt, nor Israel see it as an end to itself. The war in October 1973 brought home to Americans just how dangerous another Arab-Israeli conflict would be, not only for the people of the area but for the entire world. It also brought home the pressing need for a just settlement of the problems which underlie the tension and instability in that part of the world. As a result, for two years our Government, with the government of the countries directly involved, has been engaged in vigorous diplomatic efforts to promote the prospects of peace on the basis of Security Council Resolutions 338 and 242. With the help and the negotiating skill of Secretary of State Kissinger we have made great progress, in good part because of the trust placed in the United States by both Israel and its Arab neighbors. This confidence must be maintained if there is to be further FORD progress and if the United States is to retain the mutually beneficial relationships it has established with Israel and the Arab states. LIBRARY We must continue our diplomatic efforts with the parties in order to sustain the momentum towards peace generated by the Sinai Agreement, and the United States must accept the responsibilities which flow from our stake in peace in the Middle East and from our bilateral relationships which form the foundation for success in our diplomatic efforts. MORE Page 2 I will soon consult Congress on what is required to sustain these bilateral relationships, just as the Administration has consulted Congress very fully over the past month on the latest diplomatic step, including the use of United States civilians to further the peace process. We anticipate the same support and understanding by the Congress. The overall Middle East policy of the United States is founded upon the most basic reasons of national necessity as well as our desire to help bring peace to a region whose peoples have suffered too much already. I reaffirm today that we will not accept stagnation or stalemate in the Middle East. The participation of the United States civilians in the Sinai early warning system demonstrates that determination. I appreciate very greatly the cooperation of the Congress in this important contribution to stability and peace. Thank you very much. END (AT 2:03 P.M. EDT) October 10, 1975 Dear Mr. Director: The following bills were received at the White House on October 10th: H.J. Res. 683 H.R. 7706 H.R. 8240 Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert Do Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D. C. GERRED R. FORD LIBRARY H.J. Res. 683 Ainety-fourth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the fourteenth day of January, one thousand nine hundred and seventy-five RECEIVED OCT 1 1975 711HM THE Joint Resolution To implement the United States proposal for the early-warning system in Sinai. Whereas an agreement signed on September 4, 1975, by the Govern- ment of the Arab Republic of Egypt and the Government of Israel may, when it enters into force, constitute a significant step toward peace in the Middle East; Whereas the President of the United States on September 1, 1975, transmitted to the Government of the Arab Republic of Egypt and to the Government of Israel identical proposals for United States participation in an early-warning system, the text of which has been submitted to the Congress, providing for the assignment of no more than two hundred United States civilian personnel to carry out certain specified noncombat functions and setting forth the terms and conditions thereof; Whereas that proposal would permit the Government of the United States to withdraw such personnel if it concludes that their safety is jeopardized or that continuation of their role is no longer nec- essary; and Whereas the implementation of the United States proposal for the early-warning system in Sinai may enhance the prospect of compli- ance in good faith with the terms of the Egyptian-Israeli agree- ments and thereby promote the cause of peace: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to implement the "United States Proposal for the Early Warning System in Sinai": Provided, however, That United States civilian personnel assigned to Sinai under such proposal shall be removed immediately in the event of an outbreak of hostilities between Egypt and Israel or if the Congress by concurrent resolution deter- mines that the safety of such personnel is jeopardized or that continu- ation of their role is no longer necessary. Nothing contained in this resolution shall be construed as granting any authority to the Presi- dent with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution. SEC. 2. Any concurrent resolution of the type described in the first section of this resolution which is introduced in either House of Con- gress shall be privileged in the same manner and to the same extent as a concurrent resolution of the type described in section 5(c) of Public Law 93-148 is privileged under section 7 of such law. SEC. 3. The United States civilian personnel participating in the early warning system in Sinai shall include only individuals who have volunteered to participate in such system. SEC. 4. Whenever United States civilian personnel, pursuant to this resolution, participate in an early warning system, the President shall, SO long as the participation of such personnel continues, submit written reports to the Congress periodically, but no less frequently than once FORD is LIBRAR H. J. Res. 683-2 every six months, on (1) the status, scope, and anticipated duration of their participation, and (2) the feasibility of ending or reducing as soon as possible their participation by substituting nationals of other countries or by making technological changes. The appropriate com- mittees of the Congress shall promptly hold hearings on each report of the President and report to the Congress any findings, conclusions, and recommendations. SEC. 5. The authority contained in this joint resolution to imple- ment the "United States Proposal for the Early Warning System in Sinai" does not signify approval of the Congress of any other agree- ment, understanding, or commitment made by the executive branch. Carlallert Speaker of the House of Representatives. Mar ice APPROVED OCT 1 3 1975 Hevall R Ford Ford