Office of the Historian

133. Briefing Memorandum From the Assistant Secretary of State for African Affairs (Moose) to the Deputy Secretary of State (Christopher)1

Washington, April 6, 1978

Department Position on the Fascell-Fraser Bill to Establish an Institute for Human Rights and Freedom

The March 20 Action Memorandum on the Fascell-Fraser Bill (HR 11320)2 has just come to my attention. Because the establishment of a U.S. Government-funded institute whose charter would include the funding of activities in foreign countries would impact on our bilateral relations with a number of African states, I believe you should have this Bureau’s views regarding the text of the bill as now drafted.

I want to associate AF with the position taken by S/P in the Action Memorandum of March 20th. Specifically, we in AF would also support the establishment of an Institute, but propose that it not be authorized to fund or otherwise carry on independent activities overseas.

I am particularly concerned with provisions of the bill that authorize the Institute (an agent of the U.S. government) to disseminate material in foreign countries and to carry on what amount to official oper [Page 439] ations overseas independent of the Secretary of State. It seems to me that the overseas functions envisaged in the Fascell-Fraser bill are best assigned to the International Communication Agency, which is already heavily involved in supporting our human rights policy through seminars, international visitor grants and informational programs.

I also question the probity of the provisions of Section 7 (b) of the Bill, which would seem to authorize the Institute to establish branch offices in foreign countries. Such authorization, coupled with other provisions of the bill cited above, would appear to me to run counter to a long series of Presidential Directives vesting Chiefs of Mission with responsibility and authority to oversee the operations of all U.S. civilian agencies represented in the country to which they are accredited.

  1. Source: National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 15, Human Rights Center. Limited Official Use. Drafted by Shurtleff on March 31; cleared by Lannon Walker and William Lewis. In an April 10 memorandum to Christopher, Read indicated that he “would like to associate” himself with the views expressed in Moose’s memorandum. (Ibid.)↩
  2. See Document 126.↩