DRAFT MEMORANDUM TO THE PRESIDENT

One major difference remains to be settled to remove
the Jackson Amendment as an obstacle to passage of the
Trade Bill. It is important that this be done early on
Wednesday, because later in the day supporters of the
Amendment might complicate matters by attempting to
attach it to the Ex-Im Bill on the Senate floor. And
Trade Bill action can be speeded up when this is resolved.

The issue is:

- Jackson wants authority to waive the freedom of emigration test to be discontinued after one year (and annually thereafter) unless Congress votes a concurrent resolution to continue it.

- The Administration has desired that authority should continue indefinitely unless Congress votes to rescind it.

Jackson clearly wants the burden of action for
justifying renewal of waiver authority to fall annually
on the Administration. The Administration wants to avoid
being forced to annually justify continuation of waiver
authority, and an annual debate which would complicate
US-USSR relations.

I believe that the Administration could substantially
attain its substantive objectives while giving Jackson part
of what he wants procedurally by one change in the Amend-
ment -- allow the waiver authority to remain in effect
until both Houses vote on the same concurrent resolution
to extend the authority. This would:

- Place the burden of action on those who <u>oppose</u>
continuation of waiver authority rather than its <u>supporters</u>
(since <u>in fact</u> a negative vote on continuation of the waiver
by at least one House would be needed to kill it).

- Leave waiver authority intact unless both Houses vote on a concurrent resolution; thus those who support continuation of the waiver authority, but wish to avoid a direct vote, could use procedural tactics to avoid a vote.

- Allow a concurrent resolution introduced at a sensitive time in US-USSR relations to be postponed to a more appropriate time without cessation of waiver authority, and maintaining the right to review it by Congress.

- 2 -

The problem with this proposal from the Administration's viewpoint is that waiver continuation is subject to annual scrutiny. But this seems difficult to avoid in any case, since some individuals in the Congress can be counted on to raise the matter even under the veto procedure which the Administration has indicated it could accept. Placing the burden on those opposed to waiver continuation, avoiding termination of waiver authority as the result of Congressional inaction or delay, and building in a mechanism whereby the whole procedure could be postponed by a vote in either House on a procedural issue (to dispense with time limits for action) would be a significant improvement and meet the major objectives of the Administration.

Advisers to Jackson and Ribicoff inform me that the proponents could accept an extension of waiver until a vote is obtained on continuation of the waiver authority for the following year. If they can accept the Amendment at Tab A, we have what I believe is a viable solution.

Recommendation:

That you approve Administration pursuit of a compromise on the Jackson Amendment along the above lines at Wednesday breakfast with the Senators.

Approve: __________

Disapprove: __________

NOTE: You can grant MFN to the USSR even if the original veto procedures stay without Amendment if the Soviets comply with the emigration performance standards agreed to in the letters exchanged between Secretary Kissinger and Senator Jackson. Congress must veto the proposal within 90 legislative days or MFN stands. If we get adequate waiver authority, as proposed above, you would have two alternative methods of granting MFN -- through the USSR meeting the original Jackson-Vanik emigration test, or Congressional authority to waive the tests.

ATTACHMENT A

Substitute fourth sentence for inclusion in the attached
Jackson waiver amendment to the Trade Reform Act (section
402(d)(1) to provide for a continuation of the waiver authority
until a concurrent resolution is voted upon by both Houses
of Congress.

The sentence proposed by Jackson reads as follows:

"The President may by executive order extend any
period during which such authority is in effect by
one period of not more than 60 days if, on the date
such authority would otherwise expire, a concurrent
resolution to extend such authority is under con-
sideration in the Senate or the House of Representatives."

This sentence allows a single 60-day extension of the waiver
authority.

In order that the waiver authority remain in effect until
there is final adoption by both Houses of the same concurrent
resolution, this sentence should be amended to read as follows:

"Notwithstanding the preceding sentence, any period
during which such authority is in effect shall be
automatically extended for such period as may be
necessary until there is a final vote by both the
Senate and the House of Representatives on the same
concurrent resolution to extend such authority."

2d SESSION

S.
H.

10710

ATTACHMENT B

IN THE SENATE OF THE UNITED STATES

Referred to the Committee on _______________ and ordered to be printed.

Ordered to lie on the table and to be printed.

AMENDMENT

Intended to be proposed by Mr. JACKSON

(Insert title of bill below)

to S:XXXXXXXXXX, a bill

H.R. 10710, an Act to promote the development of an open, nondiscriminatory, and fair world economic system, to stimulate the economic growth of the United States, and for other purposes,

Viz: On page xxx, line xxx, insert the following:

viz: On page 131, between lines 16 and 17, insert the following:

(d) (1) The President is authorized to waive the requirements of subsections (a) and (b) with respect to a country if and only if (A) he determines that the exercise of such waiver with respect to such country will substantially promote the objectives of this section and transmits to the Congress a detailed report with respect to such determination setting forth therein the reasons therefor, and (B) in the case of such a waiver after one year following the date of enactment of this Act, such country is not named in a concurrent resolution (as defined in paragraph (2)) which has been adopted with respect to the one-year period in which the waiver is proposed to be made. Any waiver with respect to a country under the preceding sentence shall be effective only during periods when the authority conferred by such sentence could be exercised with respect to such country. The authority conferred by the first sentence of this subsection shall remain in effect for one year following the date of enactment of this Act, and shall remain in effect for each successive one-year period thereafter with respect to which a concurrent resolution (as defined in paragraph (2)) has been adopted. The President may Amdt. No.

OFFICE OF THE LEGISLATIVE COUNSEL

by executive order extend any period during which such authority
is in effect by one period of not more than 60 days if, on the
date such authority would otherwise expire, a concurrent reso-
lution to extend such authority is under consideration in the
Senate or the House of Representatives.

(2) For purposes of this subsection, the term "concurrent resolution" means only a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which the is as follows: "That/authority conferred by section 402 (d) (1) of the Trade Reform Act of 1974 may be exercised during the one-year period beginning on __________, except with respect to __________." (with the first blank space being filled with the period involved and the second blank space being filled with the names of those countries, if any, with respect to which such authority may not be exercised).

(3) Any concurrent resolution with respect to any one-year
period shall be referred to the Committee on Ways and Means of
the House of Representatives or the Committee on Finance of the
Senate, as the case may be. Each such committee shall report a
concurrent resolution with respect to each one-year period,
together with its recommendations, not later than 30 calendar
days before the beginning of such period, unless its House shall
otherwise determine by the yeas and nays.

(4) Any concurrent resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
majority leader and the minority leader or their designees) and
shall be voted on within three calendar days thereafter (not
counting any day on which such House is not in session), unless
such House shall otherwise determine by yeas and nays. If, prior
to the adoption by one House of a concurrent resolution of that
House, that House receives from the other House a concurrent
resolution with respect to the same one-year period, then any
final vote on adoption of a concurrent resolution with respect to
such period shall be on the concurrent resolution of the other
House.

C. W. WELD, ESQ., SENATE
CHAIRMAN OF THE LEGISLATIVE COUNSEL

(5) In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make and file a conference report with respect to such concurrent resolution within six calendar days (not counting Saturdays, Sundays, and holidays) after/day on which conferees are appointed by both Houses. Notwithstanding any rule in either House concerning the printing of conference reports in the Congressional Record or concerning any delay in the consideration of conference reports, such conference report shall be acted on in the House which acts first on such conference report within 3 days after the conference report is filed in that House (not counting any day on which that House is not in session), and, unless such conference report is not agreed to by that House, shall be acted on by the other House within 3 days (not counting any day on which such House is not in session) after action by the first House.

[L.C.]

The Experiment IN INTERNATIONAL LIVING

UNITED STATES OFFICE
PUTNEY, VERMONT 05346
802-387-5544

REGIONAL OFFICE
SUITE 802
1346 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20036
202-872-1330

22 November 1972

Mr. Peter Rodman
Office of Henry A. Kissinger
The White House
Washington, D.C. 20500

Dear Peter:

On behalf of East Asian and Pacific Student Leaders Group (ASL) No. 25, I am requesting an appointment with Mr. Kissinger or General Haig at some point during the week 27 November to 1 December. Enclosed is the group's personal request to Mr. Kissinger.

In the likely event that neither Mr. Kissinger nor General Haig can meet with ASL 25, we would be most honored if you would be able to meet with the group. I realize, of course, that your schedule is at least as full as theirs but I also remeber the interest and expertise you shared with ASL 24 (17 May 1972) and am therefore hopeful you will find time for us once again.

I have enclosed a brief bio-sketch on each participant and the American Escort. Should you or anyone need further information or documentation, I would be pleased to make it available. (Our program officer at CU/EA is George Knox.)

Whether or not you are able to arrange for an appointment, I hope you will join us for a "strictly social" gathering on 27 November at 8:00 pm. (1255 New Hampshire Ave., NW; Apt. 616) Other guests will be friends of The Experiment, Asian specialists and congressional workers.

I look forward to hearing from--and seeing--you very soon.

Enc.

EAST ASIAN AND PACIFIC STUDENT LEADERS
PROJECT 25
BIOGRAPHIC SUMMARIES

AUSTRALIA

<table><tr><td>NAME:</td><td>Mark BRENNAN (24).</td></tr><tr><td>SCHOOL:</td><td>Macquarie University.</td></tr><tr><td>MAJOR:</td><td>EDUCATION.</td></tr><tr><td>POSITION:</td><td>Member of Macquarie Students' Union Board.</td></tr></table>

HONG KONG

<table><tr><td>NAME:</td><td>CHAN Hing-Sang (23).</td></tr><tr><td>SCHOOL:</td><td>Tak-Yen College and New Method College Secondary Schools.</td></tr><tr><td>MAJOR:</td><td>History and Geography.</td></tr><tr><td>POSITION:</td><td>Elected President Baptist College Student Union 4/72.</td></tr></table>

INDONESIA

<table><tr><td>NAME:</td><td>Azrul AZWAR (24).</td></tr><tr><td>SCHOOL:</td><td>University of Indonesia.</td></tr><tr><td>MAJOR:</td><td>Medicine.</td></tr><tr><td>POSITION:</td><td>President of Student Council, University of Indonesia.</td></tr></table>

JAPAN

<table><tr><td>NAME:</td><td>Kenichiro KAWAJI (23).</td></tr><tr><td>SCHOOL:</td><td>Kyushu University.</td></tr><tr><td>MAJOR:</td><td>Law.</td></tr><tr><td>POSITION:</td><td>Manager University Baseball Team; University Toastmasters' Club.</td></tr></table>

KOREA

NAME: Chung-in MOON (22).

SCHOOL: Yonsei University.

MAJOR: Philosophy.

POSITION: Editor-in-Chief of Yonsei.
University's Korean Language
Newspaper.

MALAYSIA

NAME: Mohd. Zaid Bin IBRAHIM (21).

SCHOOL: Mara Institute of Technology.

MAJOR: Law.

POSITION: Vice President, National Union
Malaysian Students.

NEW ZEALAND

NAME: George W. MIDDLETON (25).

SCHOOL: Wellington Teachers' College.

MAJOR: Education.

POSITION: Member, Student Executive of
the Wellington Teachers' College.

PHILIPPINES

NAME: Wilhelmina Bautista DAVID (19).

SCHOOL: Centro Escolar University.

MAJOR: Mass Communication.

POSITION: President College of Arts and
Sciences Students Association
at Centro Escolar.

SINGAPORE

NAME: Seng Yeong TEO (21).

SCHOOL: Nanyang University.

MAJOR: Accounting.

POSITION: Secretary-General Nanyang
University Student Union.

THAILAND

NAME: Suchart GUNNWANKITMONGKORN (22).
SCHOOL: Chulalongkorn University.
MAJOR: Political Science.
POSITION: Advisor to University Foreign Relations Club and Chairman of 4th year students of Polsci Faculty's Department, Foreign Affairs and Diplomacy.

11/13/72

The Experiment in International Living

Brattleboro, Vermont 05301

802-257-7751

For Your Information

About the Escort for East Asian and Pacific Student Leaders, Group #25 --

Miss Sylvia Boecker

Sylvia grew up in Naperville, Illinois, received a Bachelor's degree in 1961 from the University of Denver, and shortly thereafter, was awarded a Master's degree in teaching from Oberlin College (Ohio). During her college years, she also attended the University of Mexico for six months. She is fluent in Spanish.

She spent two years in the Peace Corps, teaching both English and Spanish in a Philippine fishing village; she has also taught in the Virgin Islands, and in Ohio and in Naperville and has lived and worked in New York City. In addition, she has been an Outbound leader for several Experiment groups, both those on a regular summer program and those spending a semester of study abroad.

Sylvia also spent a year and a half in independent travel abroad. This took her to Europe, Asia and North Africa and included a 7000-mile rail trip across Siberia, from Nahodka to Moscow, and visits to such cities as Istanbul, New Delhi, Calcutta, Hong Kong, Bangkok, Rangoon, Singapore, Tokyo, Prague, Innsbruck, Vienna, Madrid, Tunis, Algiers, and many others in between.

Travel and teaching have absorbed much of Sylvia's time, but she has managed to pursue voice study, plays the piano and guitar and enjoys sports, especially swimming and hiking. While waiting to begin her assignment as Escort for Group #25, Sylvia is currently at The Experiment's School for International Training, where she is assisting with orientation and technical details relating to the School's Academic Studies Abroad program.

#####

9/1/72

HARVARD LAW SCHOOL ASSOCIATION

OF

DISTRICT OF COLUMBIA

The Harvard Law School Association of the District of Columbia is sponsoring a reception for distinguished alumni and members of the Harvard Law School Faculty in Washington for the meeting of the American Law Institute on THURSDAY, MAY 18, 1972, at 5:30 p.m. in the CHINESE ROOM of the Mayflower Hotel.

All alumni of the Harvard Law School and their guests are most welcome.

CHARLES L. EDSON
President

April 24, 1972

[LC]

is pleased to invite its members and their guests to

A DINNER IN HONOR OF JUSTICES POWELL AND REHNQUIST
AND THE NEW DEAN OF HARVARD LAW SCHOOL

Wednesday Evening, June 7, 1972

Statler Hilton Hotel
16th and K Streets, N.W.

6:30 p.m. Cash Bar Reception

The Congressional Room

7:30 p.m. Dinner

The Presidential Ballroom

## Program

Presentation of Honorees: Solicitor General Erwin N. Griswold

Responses:
Mr. Justice Lewis F. Powell, Jr.
Mr. Justice William H. Rehnquist

Principal Address: Dean Albert M. Sacks

Because of limited space in the banquet room, reservations will be accepted in the order received, so please detach the form below and return it in the enclosed envelope as soon as possible. (Tickets will be held at the door. Reservations received after the dinner is fully subscribed will be returned.)

Charles L. Edson
President

Name:

Address:

Please hold ____ tickets ($9.00 each) to the Association's June 7, 1972 Dinner at the door in my name.

(Return this form, in the enclosed envelope, with a check payable to "Harvard Law School Association of D.C.")