Foreign Relations of the United States, 1977–1980, Volume II, Human Rights and Humanitarian Affairs

92. Memorandum for the Files¹

Washington, November 30, 1977

SUBJECT

• Meeting with Senator Talmadge

Mr. Christopher met this morning with Senator Herman Talmadge in the Senator’s office. The meeting began at approximately 8:50 a.m. and lasted until approximately 9:10 a.m. I was present during the meeting as were Nelson Denlinger of the staff of the Agriculture Committee and a man whom I believe was introduced as Rogers Wade of Senator Talmadge’s staff.

Senator Talmadge said he understood there was some problem in implementation of this year’s PL 480, Title I program. Mr. Christopher responded that the basic message he wanted to deliver was that the State Department is trying its best to implement the new statute and is now up-to-date on this matter. More specifically, he pointed out that 29 countries are scheduled to receive PL 480, Title I assistance in FY 78. He said that of the 12 country programs that had thus far been referred to us by the Agriculture Department, we had dispatched negotiating instructions to our posts in all 12 countries. He stated further that as soon as Agriculture apprises us that any of the remaining 17 programs are ready to be negotiated, we will forthwith dispatch negotiating instructions.

Senator Talmadge said that he interpreted this to mean that the problem was not with the State Department but rather with the Agriculture Department. Mr. Christopher responded affirmatively but acknowledged that in fact there had been some initial delay in the State Department while we attempted to bring our procedures into conformity with the new legislation bringing human rights considerations to bear on the PL 480, Title I program.² Senator Talmadge said he could understand that it took some time to adjust to the new statute.

Mr. Christopher said we are aware of the need to conclude the agreements as expeditiously as possible and that we had therefore instructed our posts abroad to give top priority to the negotiation of these agreements. Senator Talmadge said he was pleased to hear this.

Mr. Christopher went on to say that in view of the new statute, we were asking four of the 12 countries as to which negotiating instructions have already been dispatched to agree to a new provision in the PL 480 agreement. Mr. Christopher explained that we had attempted to streamline this new provision and to make it as inoffensive as possible to the countries that had been asked to agree to it. He pointed out that these countries might be quite sensitive to being asked to agree to this new provision but that we were very conscious of our responsibility to implement the new statute and felt this was the appropriate way to do it. He reiterated that we had attempted to make the provision as acceptable as possible, consistent with our obligation to apply the statute faithfully.

Mr. Christopher then handed Senator Talmadge a letter setting forth the facts he had just given orally (a copy of the letter is attached under Tab A).³ I also gave a copy of the letter to Messrs. Denlinger and Wade. Senator Talmadge and the others read the letter. He then commented that he very much appreciated Mr. Christopher’s coming to see him and was grateful for the information that had been provided.

Mr. Christopher then handed Senator Talmadge a copy of the latest version of the new contractual provision we are asking certain countries to agree to (a copy of the provision given to Senator Talmadge is attached under Tab B).⁴ I also handed copies of this new provision to Messrs. Denlinger and Wade. Senator Talmadge read the provision and said it seemed quite sound. Mr. Denlinger commented that this language was less extensive than the provision we had originally sent out. Mr. Christopher agreed and explained that this reflected our efforts to streamline the provision as much as possible. Mr. Denlinger said he thought it was a considerable improvement.

Mr. Denlinger then turned to the question of CCC credits. He said there was a good deal of concern about bringing human rights considerations to bear on programs that are essentially commercial in nature such as the CCC credit program. He said he understood that the State Department had been in discussions with the Agriculture Department about this matter and that there was currently an issue as to CCC credits for Chile. Mr. Christopher responded that as to strictly commercial programs such as the CCC and EXIM programs, it was our policy to convey our views and advice to the agency concerned when that agency wished to bring a problem to our attention. He said our role was advisory. He said there are some cases, such as Uganda, where we thought it clearly unwise to go forward with such programs. Senator Talmadge said he could not agree more.

Senator Talmadge reiterated that he appreciated Mr. Christopher coming to brief him. Mr. Christopher referred to the interest that some of the Senator’s colleagues had expressed in holding hearings on the PL 480 matter and said he would be happy to meet with them to provide further details. The Senator asked Mr. Denlinger which Senators had expressed an interest in hearings. Mr. Denlinger responded that 14 of the 17 members of the Agriculture Committee had sent a letter to Senator Talmadge expressing interest in hearings on this matter,⁵ but that he thought the information we had provided might make hearings unnecessary. The Senator said that in any event hearings could not be held until January and asked Mr. Denlinger to provide each of the 14 Senators in question a copy of the letter Mr. Christopher had just provided. The Senator again thanked Mr. Christopher for his time, and we departed.

In the anteroom as we departed Mr. Christopher explained to Mr. Denlinger that we hoped they would not distribute the draft contractual provision in view of the possible negative effect of such distribution on the on-going negotiations. Denlinger said he understood this risk and would therefore not distribute the draft provision.

1. Source: National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 18, Human Rights—PL 480 II. No classification marking. Drafted by Oxman on December 8. A shorter, more informal version of Oxman’s memorandum for the files is in the National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 18, Human Rights—PL 480.
2. i.e., Section 203 of the International Development and Food Assistance Act of 1977 which adds a new Section 112 to the Agricultural Trade Development and Assistance Act of 1954. [Footnote in the original.]
3. Attached but not printed is a November 30 letter from Christopher to Talmadge.
4. Attached but not printed is an undated copy of the provision, which states: “The importing country undertakes to use the commodities provided hereunder (other than any part of such commodities excluded herefrom by subsequent agreement of the parties), or the proceeds generated by their sale, for specific projects or programs which directly benefit the needy people of that country, and to furnish to the exporting country information that demonstrates how such projects or programs will benefit such needy people. Such information shall be furnished, with respect to the commodities covered by each purchase authorization issued hereunder by the exporting country, prior to the issuance of such purchase authorization. Such information shall be deemed to be incorporated in, and to be part of, this agreement. A report on such use shall be submitted by the importing country within six months after each delivery of commodities to the importing country hereunder.”
5. In the November 16 letter to Talmadge, members of the Senate Committee on Agriculture, Nutrition, and Forestry expressed concerns about the administration’s apparent delay in signing Title I agreements and requested that Talmadge hold hearings “in order to explore with the Administration ways to expedite the programming of P.L. 480 commodities.” Signatories included Humphrey, Dole, McGovern, Hayakawa, Allen, Bellmon, Helms, Lugar, Stone, Curtis, Young, Melcher, Eastland, and Zorinsky. Dole sent a copy of the letter to the President under cover of a November 17 memorandum requesting that Carter personally intervene in the matter. (Carter Library, White House Central Files, Subject File, Peace, Box PC–1, Executive, 1/20/77–1/20/81) Talmadge also sent a copy of the letter to Vance and Christopher under cover of a November 18 memorandum. (National Archives, RG 59, Office of the Deputy Secretary: Records of Warren Christopher, 1977–1980, Lot 81D113, Box 18, Human Rights–PL 480)