'ROLE OF THE AMBASSADOR' AMENDMENT (SECTION 119) IN H.R. 12598

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000600320017-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Sequence Number: 17
• Content Type: MEMORANDUM FOR THE RECORD

Approved For Release 2006/08/01 : CIA-RDP81 M00980R006600320Oi7?3: .
OLC 78-2002/12.
24 July 1978
SUBJECT: "Role of the Ambassador'" Amendment (section 119) in H.R. 12598
1. Senator Goldwater sent the Director a short note dated 12 July 1978,
which accompanied a staff memorandum for the Senator prepared by
Mr. David Bushong. The subject of this memorandum was various provisions
in H.R. 12598, the Foreign Relations Authorization Act for FY 79, which
the Director discussed with Senator Goldwater on 11 July 1978. In the
absence of Mr. Bushong, I spoke today with Mr. Earl Eisenhower regarding
the analysis in the memorandum on the "Role of the Ambassador Amendment"
(section 119 of H.R. 12598).
2. The specific points I raised with Mr. Eisenhower concerned the
following passage from the memorandum, which followed recitation of the
present language of the "Role of the Ambassador Legislation' (22 U.S.C.
2680a)*:
"Proponents read this law as consistent with the DCI's
responsibility to protect sources and methods from
unauthorized disclosure. They argue that ambassadors
are authorized recipients as a class but may be denied
access at the ad hoc direction of the President. CIA
has contested this interpretation, believing that the
DCI has a statutory duty to withhold at least some
sources and methods information from ambassadors.
"State Department and CIA attempted last fall to resolve
their differing interpretations of the statutes."
(Emphasis added)
I told Mr. Eisenhower it was important that any analysis of this problem
not explicitly or implicitly leave the impression that it is or has been
the position of the DCI.that the Director's sources and methods authority
*Section 119 of H.R. 12598 would amend 22 U.S.C. 2680a by inserting
the following language therein: "notwithstanding any other provision
of law."
 Approved For Release 2006/08/01 : CIA-RDP81 M00980R000600320017-3
could or should be used to deny an Ambassador information if-the President
had directed such disclosure. In other words, I said we were concerned
the cited language from the memorandum indicated the CIA has argued that
the sources and methods authority might override a P-residential.determina-
tion that certain information should be given to an Ambassador. I said
it was our position that the present statutory language afforded the
appropriate statutory formulation, whereby the President determines what
information U.S. Ambassadors should receive.
3. 1 also noted to Mr. Eisenhower that insofar as the memorandum
implied that the President's authority to withhold information from an
Ambassador could be done only on an ad hoc basis, this was not in accord
with our view that the pre a ory proviso, "under the direction of the
President," provided the President complete discretion as to the manner
in which Ambassadors would receive information (i.e., a directive could
apply to a class of information).
4. Finally, I.said that the language of the memorandum could be read
to imply that CIA and State had not in fact been able to reach an agree-
ment last year as to interpretations of 22 U.S.C. 2680a. I suggested
that, rather than state only that CIA and State "attempted ... to
resolve" differences, the memorandum should reflect that there is
complete agreement between CIA and State as to 22 U.S.C. 2680a.
5. I told Mr. Eisenhower we would be glad to provide any further
information in this regard. He said he would review the memorandum in
light of our discussion and would be back in touch if it were not clear
we were on the same wavelength.
Chief, Legislation Staff STAT
Office of Legislative Counsel
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OLC:RLB:sm (24 Jul 78)