STATE PROPOSED REPORT ON SEC 108 OF THE STATE DEPARTMENT AUTHORIZATION ACT AS ADOPTED BY THE SENATE (S.3076) AND A LETTER OUTLINING OTHER PROVISIONS OF PARTICULAR CONCERN TO THE ADMINISTRATION.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700110121-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: June 5, 2008
• Sequence Number: 121
• Publication Date: August 1, 1978
• Content Type: MEMO

Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
NlA5HING7(~R~, D.C. 2tJ503
Iltiqust L, 1978
LLGISLA`.CIVE REFEi2ltAL MEMORANDUM.
Dc~partznexit of Defense
Department of Justice
`''C~ntral Intelligence Agency
National Security Council (Bob Kizr~ni.tt)
E3oard far International _Sroadcasting
International Comnuniceation Agency
llepart~r~nt oL the 'IYeas~~ry
Civil Service Cozra~issic~n
Office of the Special i`rade Representative
Legislative Liaison Officer
State proposed report onSc~c. 108 of the State Department
Authorization Act as adopted by ~~e Senate (S. 3076 and
a letter autlin.inq other provisions of particular concern
to the Administration.
Tlie Office of i+~lanagement and F~udget requests the views of
your agency on the above subject before advisa:ng on its
relationsha_p to the program of the President, in accordance
with OMB Circular A-19.
A response to this request for your views is needed
no later khan noon Wednesday, Auc~. 2, 7.978. Phone ccxranents are acceY>keci.
If we have not heard back from your agency by this deadline, we will assume
yyou have no problems with the letters as drafted..
S~uestions should be referred to Tracey Cole
( 395--4710 ) cry-tcr----------------------______________________~.----_-___-~.
the legislative analyst in this office.
State Dept. review completed.
~~~~~~
.--
ssist~~nt Director for
Legislative Reference
Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
STAT
 Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
This week House/Senate Conferees are -tentatively
scheduled to meet to resolvs~ differences in their
respective versions of the foreign Relations Authori-
zation Act for the Fiscal Year 1979.
The following represents the Administratiar~'s ~criews
an certain provisions of this legislation which are of
particular concern -to us:
1. United Nations Palestinian Rights Cornrnttee_ --
Section 101 (aj (3) - Senate Version ~~
The Administration is s~.rongly apposed to the
prohibitory language contai:z~~d in this section. Restric-
ting the funding to United N~rtians Organizations is in
direct conflict with the Ad~n_inistration"s cornmitanent to
hanor our i_nternati_onal obl i~Iations even though inter--
national organizations unde.r_-~~ake actions which we do not
fully support. Adoption of -+~his section would further
politicize the United Natio~i:~.
Therefore the Administration urges the conferees to
adopt Section 114 of the Hoa:,e version.
2. Special Computatia_n_ of Annuities
Section 407 - Ho~~se Version
The Administration is o~?posed to House Section 4U7
far the following reasons:
(1) It wauld compensate for a pay freeze with highk-~r
annuities when the President has decided to freeze executive
pay ; ..
The Honorable
Clement J. Zabiocki, ,
Chairman, Committ~~~c~ on
Internationa L Relations,
house of Representatives.
Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
 Approved For Release 2008/06/05: CIA-RDP81M00980R000700110121-9
(2) It could set an e_LY~ensive precedent to
extend similar benefits to a7ot only 1?capped" federaX
executives under Civil Service and other retirement
systems but .also to all Federal Employees; anc7~.
(3) As there is an i.ncr_easing public belief
that Federal Retirement Systems are very generous,
further liberalization of the Foreign Service Retirement
System at this time is inap~~-ropriate in view of the
lPresident's effort to control inflation by setting an
example of restraint in exp=enditures for Federal, services.
T`he President Maas personally expressed his disappa:oval of
this section to Secretary Vance and ixadicated that
retention of this section array jeopardize Px:eside*atial
approval of the FY-?9 Foreign Relations Authoac~.za.tion Act..
3. Normal Diplomatic Kelatians --
Section 411 -- ~~ Senate Version
The Administration is strongly apposed to this
section because it would impede the flexibility of thE~
Executive BrancYi in its dealings with foreign government~~
and narmali.zation o.f relations. The Administratian dies
not believe that conditions for normalization should be
legislated in view of the uniqueness of our relat~_ons
with each Gauntry.
g. Reporting and Coordination of International
Agreements' _ ~-!_Secti n 501 -- Sena:ke Version
While the Administration supports this provision.,
we are opposed to oral agreement reporting requirement
because it would be extremely difficult if not impossible
inherently to determine what activities or arrangements
should be reduced to T,ariting, and it would be burdensome
to enforce, We are also opposed to the reguirea~-er..t for
Presidential Reports on late transmittals since t:ae
Department of State already performs that '`unction. The
President should not be burdened with a task that is
already being performed and which is of a rouy:irae xaature _
Finally, the Administration is opposed to the p~~rticular
provision regarding the role of the State )department unl+~ss
the words ?'consultation with" are substituted for the
wards "approva.l of" in a proposed sub-section of 112(c) (:C) (a)
and that 112 (c) (1) (b) ~_s revised to read ?'soch c:onsultat.ion
may encompass a class of agreements rather tha~3 particular
agreements."
Approved For Release 2008/06/05: CIA-RDP81M00980R000700110121-9
 Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
5. Relations With Angc>1_a
Senate Secton~42S- ~~~
The Administration i_s ~t.rongly opposed to this
kind of amendment on the following grounds:
(1) It would unnecessarily restrict the Exc~ou-
tive's ability to conduct foreign policy yis-a-yis
Angola; and
(2) It could send a nec_lative signal to the
Angolans at a time when they have been extremely helpful
to our efforts to bring about. a normal traxssa.tion to
independence for Namibia -- ~E major foxeigrl policy goal
of this Administration.
6. Concurrent Resolut~a~n --
-Cuba - Senate ~Sec:tion X426
The Administration strongly opposes this section
even though it shares the cc~r~cern and objectives of
this provision. We bE>lieve that closing the U. S_
Interests Section in Havana would significant3y hinder
our important humanitarian c~k~jcctives which .require a
limited official presence in Cuba. Tho Interests Section.
serves U. S. objectives, not. Cuban. ~'or exazz~ple, the
Section provides aid and cornf~ort to American pri::~oners
and continues efforts to secure their releaser assists
expatra_ated Az~iericans and their families, pressev the
Cuban Government for unific~~t~ion of long--divided families,
and finally, provides a most usefu? chaz?.nel of coz~.munica-
tion between the two governr~~ents. The Rresident is strongly
interested in maintaining o~~en channels of commuziication
with other governments, whet.kzer or not we approve oy them
or agree with their policies..
Through the Interests Soction, the Administration
has been able to express strongly and directly to the
Cubans our objections to thc_~1_r military presence ixl Africa
Indeed, the Administration leas stated publicly grid privat-ely
to the Cubans that there cart be no further progress j~oward
normalization of r_clations ~xiitil we see convi acing evic'er~ce
of Cuban restraint including, troop withdrawals.
7. Implementation of the }.'anama Canal Treaties
of 1978 ~ - Sect:ian 606 - House Verson
The Administration strongly opposes this prevision
since it would severely disrupt the ability of tie
Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
 Approved For Release 2008/06/05: CIA-RDP81M00980R000700110121-9
Executive Branch to carr~r out the nac:essary planning
and preparations to imp].estcent the Panama Canal '.Creaties.
For example, the United States Gcavernment must plan
internally and with Panama for the letter's a~,,eration
of the Panama 12ailroad, tY,e Forts of IIalboa and Cristobal
and the assumption of responsibility for police and fire
protection acid other public services utilized by the
Panama Canal organization and its employees. By px'ohi.--
biting the expenditure of-funds "da.rectly or .~_ndirectly"
for implementation of the Treaties ire FY-79 tkse amendrnen-~
could be interpreted as prohibiting the ~rita~. preparatory
activities which must be u*xdertaken :inn FY--79 in order to
safeguard the interests of the United States c+~hen the
Treaties come into farce. Before the effective data o:~
the Treaties grad their irnplementat~.on, the Coa~gress wi R 1
have an opportunity to modify and vote on ?'_x:apleme~tT_ng
legislation. We believe t~ais would be a more approp~.iate
way for the Congress to dea]_ with Panama Canal. ~_ss~.~es.
$. Responsibilities of Chiefs of Mission -~-
Sectz?ri 119 - Senate Version;
Section: 41(1 - VHouse Version
The Administration st:rangly prefers the Fiouse version.
The Senate added the additional wards "notwithstanding any
athex~ provision of law" to 22 U. S~. C. 2680a ---- the baaic
statutory statement of the responsibilities of Ambassadors --
which could be construed as having the effect of limiting
the President"s discretion as authorized in the prefar~ztory
phrase of 22 U.S.C. 2680x. ?'he Administration agrees that
22 U.S.C. 2680a means th~-~k, disclosure of j.ntelligence
information to .Ambassadors is authorized within the meaning
of the National Security 11rt of 19A~7. Under the authority
of 22 U.S.C. 2680a the Pr~~ident has in ~7s letter of
October 25, 1977 directed tha? all U. S. personnel abroad
should keep Ambassadors thoroughly informed about their
activities. The Presidenf~ has determined that further
clarification in ]_aw is nr~t necessary. .Furthermore the
"notwithstanding" clause rcauld~ha.ve the effect of indiscrim-
inately overriding other ~~tatT~atory limitations on c~iscl.osure
of a.nformatian, e . g . , the ~~rivacy A.ct grid the Internal
Revenue Code.
Your staff is already in receipt- of the Administra-
tion's views on all conference items, which were transmitted
a short time ago.
Sincerely,
Douglas J. Bennet, Jr.
Assistant Secretsiry
for Congressional Relations
Approved For Release 2008/06/05: CIA-RDP81M00980R000700110121-9
 Approved For Release 2008/06/05 :CIA-RDP81 M00980R000700110121-9
TO ; UMB `1'x~ac ey Co:Le
~'?~(; ~ta.te Dwight PZason
Sub,: Section 108.
(Ionorable John J, Spar)cmarr
Chairman
Committee on :E~`ore.ign Relations
United States Senate
(Ionorable Clement J. Za}~l.ocki
Chairman
Committee on International Relations
United States house of Representatives
Dear Nr. Chairman:
Section 108 of the S-Late >-separtment Authorization
Act as adopted by the Senate (S. 3076) would, if enacted,
adversely affect the operation of this Department.
Section 15 (b) of the basic authority for the Dc~-
partment of State (codif.ied as 22 U.S.C. et, seq.) nova
rc~quirc~s that:
Trre Department of State shall keep the C'om-
mittce on Foreign Relations of the Senate ~ind-
the Corrrrnittc'e on Foreign Affairs of the house
of Representatives fully and currently informed
with respect to all activities and responsibil~
hies wifihin the jurisdiction of these eomrnit-
.tees. Any Federal department, agency, or in-
dependent est~~bli~;hment shall furnish any in-
formation requested by either such cornmittc.e
relating to any such aetivi.ty or responsibility.
~~ection 108 would add the words " (notwithstanding the
depa.rtrnerat, agency, or independent establ.ishtnent of
origin) " aftor i:he word ":i_nformation" i_n the second scn-
t.ence of ].S (b) .
This amendnu~nt wou]_d pr-ohibit the "tIri_rd agency ~cu]_e"
and Berry to other agencies responsi.bi li-ty far docurn~~nts
Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
 Approved For Release 2008/06/05 :CIA-RDP81M00980R000700110121-9
given to the Department of State. Traditionally, ,ec-
tion 15 (b) has not been- interpreted as r~c~uiririg t}ie De-
partment to furnish documents teat, originate w~.th ~rnother
agency without the consent of ghat agency. ode thitak this
practice is sound, grid we urge L-hat it not be charic~ed>
If section 108 is enacted, an originating agency
will lose control over its docuuments when it provides
copies to the Department of State. As a result, t}ie
agencies will be reluctant to ~>hare information with us,
especially in sensitivie areas, such as intelligence_
The-n-dme~r~'"is -~"~~so--trrnzb_l-es