54. Memorandum From the President’s Deputy Assistant for National Security Affairs (Scowcroft) to President Ford1


To: Senator Henry M. Jackson

Recommended by: Brent Scowcroft


Senator Jackson is expecting a call from you to discuss the waiver procedure for the JacksonVanik Amendment to the Trade Bill.

Your suggestion to Jackson in your last meeting2 was that your waiver authority would continue for one year, at the end of which you would make a new determination regarding Soviet performance on Jewish emigration. The Congress could veto your determination by concurrent resolution within a 90-day period. You subsequently offered as a concession to Jackson to allow veto by one House only.

Jackson proposed to you an initial waiver period of 18 months, following which you would be required to request that the Congress extend your waiver authority for an additional year. In order to insure prompt Congressional action on the request for renewed waiver authority, Jackson proposes a number of legislative safeguards (his draft language is at Tab A).3

[Page 153]

In your discussion of the Trade Bill with the Bipartisan Leadership at breakfast on September 19,4 you described the procedure proposed by Jackson. The general sentiment of the Leadership seemed to be that it was not workable. Instead, there was general agreement that your proposed procedure was one which was clearly understood by all and which obviously operated satisfactorily, as demonstrated in the case of the Congressional rejection of your pay raise deferral action.

Talking Points:

You may wish to reiterate to Jackson the Congressional control which your proposed waiver authority affords, as tested and proved in practice in the recent pay raise action.

You might also wish to point out that the sentiment of the Bipartisan Leadership was that the procedures which Jackson proposes were not workable.


  1. Source: Ford Library, National Security Adviser, Presidential Name File, 1974–1977, Box 2, Jackson, Henry M. No classification marking. A copy was sent to Timmons. In an attached handwritten note, Ford instructed Scowcroft: “Brent—Talk with me on this Sat. [October 12] if possible.” According to the President’s Daily Diary, Ford called Jackson on October 11 at 1:38 p.m. (Ibid., White House Office Files) No substantive record of the conversation has been found.
  2. See Document 35.
  3. Not attached.
  4. The reference is in error; Ford’s breakfast meeting with bipartisan Congressional leaders took place on September 26. See Document 42.
  5. There is no action indicated on the original. According to the President’s Daily Diary, Ford met with Jackson in the Oval Office from 3:55 to 4:15 p.m. (Ford Library, White House Office Files) In message Tohak 29 to Kissinger, October 11, Scowcroft reported: “The President met with Jackson alone. He told me that he proposed to Jackson that we would let Jackson put his version of the waiver authority in the Senate bill if Jackson would guarantee that he would recede in conference and accept our version of the waiver procedure. Jackson said he would have to think about it over the weekend and he would call the President on Monday. We are now checking to see whether or not it is legislatively possible to accomplish a maneuver like this.” (Ibid., National Security Adviser, Trip Briefing Books and Cables of Henry Kissinger, 1974–1977, Box 1, Kissinger Trip File, October 8–13—Middle East, TOHAK (2))