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Section-by-Section Analysis of the Joint Resolution to Authorize the President to Enter Into and Carry Out a Defense Cooperation Agreement with Turkey [Bill]
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7344536
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Section-by-Section Analysis of the Joint Resolution to Authorize the President to Enter Into and Carry Out a Defense Cooperation Agreement with Turkey [Bill]
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White House Press Releases (Ford Administration)
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1976-06-16
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1976
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Digitized from Box 27 of the White House Press Releases at the Gerald R. Ford Presidential Library
SECTION-BY-SECTION ANALYSIS OF THE JOINT RESOLUTION TO
AUTHORIZE THE PRESIDENT TO ENTER INTO AND, CARRY OUT A
DEFENSE COOPERATION AGREEMENT WITH TURKEY
I. INTRODUCTION
The proposed joint resolution implements the
Defense Cooperation Agreement signed on behalf of the
United States and Turkish Governments on March 26, 1976
and a related exchange of notes dated April 7 and 13,
1976, by authorizing the appropriation of funds neces-
sary to carry out obligations undertaken by the United
States therein and by providing that certain provisions
of law will not operate to prohibit or impede the
carrying out of those obligations.
The new Defense Cooperation Agreement with Turkey
supersedes a 1969 Agreement, the operation of which was
suspended by Turkey in July 1975. The 1969 Agreement
had provided generally for support of the Turkish
defense effort, subject to Congressional action, and
entered into force on the day it was signed, without
prior review by Congress. The Agreement was implemented
by the inclusion of funds for Turkey in annual security
assistance programs. By contrast, the present Agreement
specifies the level of security assistance to be provided
over the next four years, and has been negotiated with
the understanding that it will not enter into force
-2-
until it is approved by Congress through enactment
of the proposed joint resolution.
II. PROVISIONS OF THE RESOLUTION
Preamble
The preamble describes the background for the
resolution by reciting the signature of the Agree-
ment, its provision for entry into force, the exist-
ence of United States undertakings therein, the
importance of the United States military activities
and facilities in Turkey, and the President's request
for Congressional approval of the Agreement.
Section 1. Approval.
Section 1 expresses approval of the Agreement by
Congress and authorizes the President to implement its
provisions. This section provides the legal basis for
the United States to enter into the exchange of notes
necessary to bring the Agreement into force and con-
stitutes authority for carrying out the undertakings
of the United States under the Agreement.
Section 2(a). Authorization.
Section 2 authorizes the appropriation of funds
necessary to carry out the programs and activities
provided for in the Agreement. This Agreement provides
- -3-
for defense support to Turkey over a four year period
of not less than $200 million for grant military assist-
ance and military training, including $75 million for
fiscal year 1977; sufficient funds for credits or
guaranties of loans totaling not less than $800 million
to finance Turkish procurement of defense articles
and defense services; and necessary amounts for other
programs and activities, which include training of local
personnel, cooperation in the implementation of communica-
tions plans and providing Turkish access to the United
States Defense Satellite Communications System. The
appropriations under this authorization will be requested
on an annual basis. Any successive program of defense
support developed in accordance with Article XIX (3)
of the Agreement will require enactment of additional
authorizing legislation.
Section 2 (b) Application of Other Laws.
Section 2 (b) provides that provisions of United States
law generally applicable to security assistance shall
apply to foreign assistance and military sales programs
and activities carried out in implementation of the Agree-
ment. This provision ensures that section 1 of the
resolution will not be construed as authority to waive
-4-
the legal requirements for foreign military sales,
training and grant assistance. Thus, the conditions
of eligibility, purposes for which articles and
services can be used, transfer restrictions, Congres-
sional review procedures, statutory definitions, and
other terms governing United States security assist-
ance programs shall apply, and assistance and sales to
Turkey will be carried out within the framework of the
Foreign Assistance Act of 1961 and the Foreign Military
Sales Act. This provision is consistent with the
terms of the Agreement.
The first proviso in section 2 (b) states that
section 620 (x) of the Foreign Assistance Act of 1961
shall not apply to security assistance programs in
implementation of the Agreement. Section 620 (x)
prohibits U.S. military assistance and sales to
Turkey until "the President determines and certifies
to the Congress that the Government of Turkey is in
compliance with the Foreign Assistance Act of 1961,
the Foreign Military Sales Act, and any agreement
entered into under such Acts, and that substantial
progress toward agreement has been made regarding
military forces in Cyprus
"
Such a condition
aimed specifically at Turkey would not be consistent
- 5 -
with the provisions of the Agreement and the proposed
resolution.
In the same spirit, it was understood in connec-
tion with the negotiation of the new Agreement that
authorization would be sought to complete, after its
entry into force, deliveries of grant defense articles
and services valued at approximately $85 million which
were suspended as a result of the enactment of section
620 (x). The second proviso accordingly authorizes such
deliveries with respect to articles and services for
which funds were obligated or reserved prior to
February 5, 1975. The resumption of such deliveries
is consistent with and would complement the new
Agreement in renewing defense cooperation with Turkey,
which is essential to United States security interests,
and thereby enhancing the ability of the United States
to play a constructive role in encouraging a Cyprus
settlement.
Section 2 (c). Notice to Congress.
Section 2 (c) specifies that the Congressional review
procedures under section 36 (b) of the Foreign Military
Sales Act and the Congressional review and approval
-6-
requirements of 10 U.S.C. 7307 shall not apply to
the defense articles and defense services referred
to in the exchange of notes dated April 7 and 13,
1976 which is a part of the Agreement. The exchange
of notes identifies certain defense articles,
including naval vessels, which the United States is
prepared to sell to Turkey in accordance with the
standards and procedures set out in the Foreign Mili-
tary Sales Act. If Congress, in connection with this
resolution, approves that list of defense articles
there would appear to be no need for a second review
when the sales are made.
Section 2 (d). Department of Defense Costs.
Section 2 (d) makes clear that the authorized
activities and programs of the Department of Defense,
to be financed from the appropriations of the Department
of Defense, include operation and maintenance of installa-
tions, training of Turkish personnel at the facilities,
implementation of communications joint use plans, and
providing access to the U.S. Defense Communications
Satellite System. These Department of Defense functions
will be carried out within the general framework of laws
applicable to the activities of the Department of
Defense and are not to be regarded as subject to the
-7-
provisions of the foreign assistance and military sales
legislation.
SEC. 3. Effective Date.
Section 3 provides that the authorities in the
resolution shall be effective concurrently with the
period that the Agreement is in force and will lapse
upon termination of the Agreement.