JOURNAL - OFFICE OF LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800010070-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: October 8, 2003
• Sequence Number: 70
• Publication Date: October 2, 1974
• Content Type: NOTES

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Journal -Office of Legislative Counsel Page 2
Wednesday - 2 October 1.974
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4. Kempto:n Jenkins, Deputy Assistant
Secretary, Congressional Relations, Department of State, returned my
call of yesterday and I explained to him the problem of section 28 to the;
Foreign Assistance Authorization bill, S. 3394, on limitation on expenditures
in Laos, and what would appear to be a simple solution of incorporatio:ci similar
to that which was used in the conference report in connection with a similar
provision i.n previous Defense Procurement Authorization bills. It was agreed
that I would send him the relevant material so he could evaluate whether
State would have a:ny problem making the necessary representation to
Chairman Thomas Morgan and Representative Peter Frelinghuysen, House
Foreign .Affairs Committee.
Jenkins said he was reviewing the check list on the State Authorization
bill prior to a session with Chairrna:n Wayne Hays (D. , Ohio) and askecL if
I could review with him our work with the Foreign Affairs Committee and
Representative Hays o:n this provision, which I did. Jenkins is fearful that
this work may be undone in the wake o.f the revelations on Chile.
5. Charles Meissner, Professional Staf:E
Member, Subcommittee on Multinational Corporations, Senate Foreign
Relations Committee, called. We tentatively set up a briefing on the
international oil problem for Senator Charles H. Percy's (R. , Ill. )
Committee and personal office staff, on an unclassified level, .for
8 October at 2:30 p. m. Meissner will call us early :next week and let us
know where we will meet. Scott Cohen, Executive Assistant to Senator Percy,
will be in attendance unless he is in New York with the Senator on U. N.
delegation business.
6, Called Bud McFarlane, NSC, concerning
the Hughes amendment to the Foreign Assistance Authorization bill, S? 3394,
which may be taken up today, which would prohibit covert actions except upon
a finding in a report to oversight committees by the President. I told
McFarlane we were busy pulling together background material and possible
arguments for our Senate committees; that there was a certain appeal to the
proposition since it parallelled actual practices and commitments by t'Lze
Administration but that on the larger questions concerning the encroachment
upon the President's constitutional authority, there is a need for some guides,
particularly in light of the current atmosphere of conciliation. McFarlane
had :not heard of the amendment and said he would get it to Scowcroft's
atte:ntio:n and let us know the results
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Wednesday - 2 October 1974
7, Clark McFadden, General Counsel,
Senate Armed Services Committee, returned my earlier call and we discussed
the impact and ramifications o.f the Hughes amendment concerning covert
action which McFadden felt sari be best:_opp`osed on judicial. grounds. We ?agreed
that it closely parallelled current practices, the Stennis and Nedzi bills,
the President's 16 September press release statement, and the commitment
by the Secretary of State and the Director to provide such information t:o the
Foreign Affairs Committee. I pointed out that the term national defense in the
amendment as a word of art may be too narrow, and either vital interests or
national security would be better,, but that the major problem really was the
constitutional issue of encroachment upon Presidential authority. McFadden
said that would be a tough one to argue in the current climate and I tolcL
him we would try to have some material up to him before the amendment reached
the floor. He said he would appreciate that.
OGC, called to advise
that had sat in on the McClellan Subcommittee on the
Nelson bill, S. 2820 (electronic surveillance) and that the Attorney Ge.rieral
had opposed the legislation and its e:ncroachme:nt upon the constitutional
authority of the President. Senators John L. McClellan ~,(D. , .Ark.) and
Roman L. Hruska (R. , Neb.) were in attendance. Apparently, Senator.
McClellan was so strongly opposed to the legislation a:n.d supportive of the
Attorney General's position, that ~ characterized his conduct as "emotional.
Called Guy McConnell, Professional
Staff Member, Senate Appropriations Committee, and gave him afill-in on
the considerations relating to the Hughes amendrne:nt which he called to our
attention late yesterday afternoon, and also reported the tentative conclusions
Mr. Cary had reached with Ed Braswell, Chief Counsel, Senate Armed Services
Com:rnittee. I told McConnell that we were dispatching to him the relevant
information which I had been discussing with him, and he said he appreciated
that.
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Journal -Office of Legislative Counsel
Wednesday - 2 October 1974
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10. Returned the call of John Ryan, in
the office of Senator Roman L. Hruska (R. , Neb. ), and in his absence spoke
to Eric Holton, who wanted to know our position on the Hughes amendment
to S. 3394, the Foreign Assistance Authorization bill. The amendment would
restrict Agency covert action. I told Holton. that we had two major concerns
with the amendment. First, we thought the term national de.fe:nse was too
restrictive and would prefer national security and second, we thought there
might be constitutional problems i:n limiting the President's freedom of action
in the .foreign policy field. I told him that the constitutional argument was
one the White House would more properly carry than us. He offered to get
this infarmation to Ryan who .was then .on. the Senate floor.
11. Met with Guy McConnell, Senate Appropriations
Committee staff, and gave him a copy of the IC's undated paper, "National
Foreign Intelligence Program Summary of Congressional Action. "
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12. Accompanied Chief, Southern
Europe, OCI, to a meeting with Dorothy Fosdick and Richard Perle, Permanent
Subcommittee on Investigations staff, Senate Government Operations Committee,
on the current situation in Portugal and the developments that led to thf: change
in government last Monday. We were joined for the last few minutes by
Senator Henry M. Jackson (D, , Wash, ), It is noted that the Senator and his staff
had considerable detail about the events in Portugal which were very accurate.
The meeting was most cordial. There are no follow ups.
13, Delivered to William J. Van Ness, Chief
Counsel, Senate Committee on Interior and Insular Affairs, the requested
information for Ben Cooper of the Committee staff on Western Europe, Japanese,
and U. S. oil production,
14, Accompanied
OER, to a meeting with Senator Henry M. Jackson (D, , Wash.) and William J.
Van Ness, Chief Counsel, Senate Committee on Interior and Insular Affairs,
on OPEC pricing policies and related matters. Certain statistics requested
by the Senator and Van Ness will be provided tomorrow. It is noted that
Senator Jackson related some of his conversations with Chinese officials on
oil matters. See Memorandum for the Record,
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Wednesday - 2 October 1974
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15. Had lunch with Ed Braswell, Chief Counsel,
Senate Armed Services Committee, and covered a number of items with
him. 1 talked with him about the Educational Aid Fund's campaign for
contributions conducted in past years and told him that,, since contacts were
made with a number of corporations on a recent review, the Director had
decided to terminate such outside campaigns and finance the fund solely
from internal contributions. Braswell had no difficulty with this.
I briefed Braswell on our dealings with the Senate Internal Security
Subcommittee on the and on the Subcommittee's desire to talk
with some of our people about the relationship which exists between the
Soviet intelligence service and the DGI of Cuba. I explained there was some
merit in this from our standpoint in view of the past and expected publicity
Braswell foresaw no problem in our having sorne-
body brief the Subcommittee staff.
I asked Braswell about General Wilson's promotion. He said i:t was
scheduled to be taken up by the Committee on Monday and he anticipated no
problems. I told Braswell that General Wilson was indeed Bill Colby's
personal choice to replace General Graham and he could assure the Committee
members of this.
Following lunch Braswell and I went to his office where we were joined
by Clark McFadden, General Counsel for the Committee, and we discussed
strategy for dealing with the Abourezk and Hughes amendments to the Foreign
Aid bill.
i stayed with McFadden during the floor debate on these measL-~res and
provided him with information which our members could use in coping with
these problems. Abourezk's amendments with respect to police contacts and
covert activities were convincingly defeated. Avery mild amendment: submitted
by Senator Hughes was further modified on the Senate floor in a conference
between Senators Hughes, Humphrey, and Stennis and was subsequently accepted
on a voice vote. Later in the day the Foreign Aid bill was recommitted to the
Foreign Relations Committee for further study and it is not anticipated that
further action will be taken on it until after the election recess.
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Wednesday - 2 October 1974
16. nd I met with Marian C"zarnecki,
Chief of Staff, House Foreign Affairs Committee, and covered a number of
items with him. Czarnecki verified my understanding of the agreement which
was reached last Wednesday at the meeting attended by Secretary Kissinger,
the Director, and Representatives Hebert, Nedzi, Are:n$s,, Morgan and
Frelinghuysen with respect to briefings of appropriate Foreign Affairs
Committee representatives on covert action programs which might have an
impact on foreign policy matters. Czarnecki expressed considerable concern
over the disclosures attributed to Representative Nedzi in this meeting in
Laurence Stern's column in the Washington Post this morning. I told Czarnecki
I could only speculate that Stern had confronted Nedzi with information on this
meeting which he had obtained from other sources.
I mentioned to Czarne,~ki the action taken on the Senate floor o:n the
Foreign Aid bill today in accepting the Hughes amendment. He showed us four
different variations of amendments which have been submitted for the Foreign
Affairs Committee's consideration of the Aid bill and asked my opinion on the
acceptability of these measures to the Agency. I told Czarnecki that ]: could
not comment formally on these since I was quite certain the Administration
would oppose the enactment of any such arrangement into law, pointing out
that it could raise constitutional issues. I did say, however, that as a personal
matter I thought the amendment agreed to in the Senate was much better from
the Agency's standpoint than any of the four which had been submitted to his
Committee.
Czarnecki showed me a letter Chairman Morgan has received from
Representative Diggs, Chairman of the Subcommittee on Africa. In his letter
Diggs states his desire to have a briefing from the Director 0 includir~~X1
not only an intelligence briefing but also Agency operations there. I told
Czarnecki I was sure the Director would have no objection to giving Mr. Diggs'
Subcommittee an intelligence briefing but he would not go into intelligence
operations with that group. Czarnecki said he expected that would be our
position. He said he would be talking further with the Chairman about this.
I told Czarnecki that we had been considering Representative :Eascell's
request that we "sanitize" the Director's briefing of the Western Herr~isphere
Affairs Subcommittee, Senate Foreign Relations Committee, on Chile. I told
Czarnecki this briefing was given with a definite understanding that it would
be in executive session and it was our opinion that it would remain so. I said
I thought that publication of any part of that transcript would create problems
for us and also have diplomatic repercussions of concern to the State Department.
Czarnecki said he thought we were on solid ground in stating our understanding
of the ground rules under which the briefing was given and refusing to sanitize
the transcript. He said he was sure we would get screams from Fascell
however because Fascell is under considerable pressure (I assume from
Representative Harrington).
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17. Met with Guy McConnell, Senate Appropria-
tions Committee staff, and reviewed with him the Director's decision to
terminate any contacts with U. S. business as part of the Educational Aid Fund
promotion and told him of our plans to have someone brief the Senate :[nternal
Security Subcommittee staff on the influence which Soviet intelligence has on
the Cuban DGI. McConnell had no problems with either of these items.
I briefed McConnell on the action that was taken on the Senate :floor on
'the Abourezk and Hughes amendments.
I talked further with McConnell about our plans to include a line item
in our FY 1974 budget for representational expenses.
lg, Met with Scott Cohen, Executive As;aistant
to Senator Charles H. Percy (R. , Ill. ). Cohen noted that with regard to our
conversation of last week with Glenn Reed for information concerning
Middle East oil prices, etc. , that he (Cohen) has identified Reed as a
volunteer, part-time intern for the Senate Foreign Relations Committee.
As for yesterday's request from Charles F. Meissner, who is Senator Percy's
staff man on the Subcommittee on Multinational Corporations, Senate Foreign
Relations Committee, Cohen suggested that I might want to talk to Meissner.
Meissner's request is one that was made on his own and did not come from
Senator Percy.
19.
Senator Jacob K.
made for
Winslow Wheeler, on the staff of
called to cancel a request that he had
20, Mailed a copy of Mr, Colby's
13 September 1974 statement at the Fund for Peace conference to Tom Fenton,
in the office of Representative Michael Harrington (D. , Mass. ), per his
request,
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Wednesday - 2 October 1974
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21. Called Hilda Schreiber, OMB, and discussed
with .her the applicability to CIARDS of the recently passed increase .in the
annuities of retirees under the Civil Service System prior to October 1969
(P. L. 93-_273). I explained that we have been receiving a number of inquiries
from CIARDS retirees and I thought .had perhaps previously discussed
this with her. S.he said she .had no specific recollection of any discussion. She
could not now clear the adoption of the change for CIARDS without reviewing
the specific proposal in detail; however, at this point, informally, s.he could
see no objection. S.he was quite sure a similar provision is included in the
amendments to the Foreign Service Retirement System now pending in Congress.
I alerted her that this amendment would be among our amendments to CIARDS
w.hic.h we will be submitting to OMB shortly after the new Congress convenes.
GEO E L. C
Legislative Counsel
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O/DDCI
Ex. Sec.
Mr. Lehman
EA/DDO DDI
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Comptroller
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