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J. J. McDermott to Mr. Jenkins Memo RE: S, 2543; H. R. 12471 We learned that this amendment was to be offered shortly before noon on 5-29-74 when Hart's staff first contacted other staff representatives seeking support. Efforts were made to contact Hart's staff representative but he did not return our calls nor did he return the call made to him by Rakestraw. Material prepared by Congressional Services Office and the Freedom of Information Unit in opposition to this amendment was furnished to more than 20 Members of the Senate and personal contacts were made with numerous Members and staff personnel seeking support of our position of opposition to this amendment. Two aitempts were made on the morning of 5-30-74 by Inspector Bowers to talk with Senator Hart about the amendment but efforts to reach him were not successful. . This amendment was adopted by vote of 51 to 33. 4 ' i ‘ 4 i a 4 Shortly after this amendment was adopted Burt Wides, Legislative Assistant to Senator Hart who had not returned the earlier calls mate to him, contacted Bowers at the Capitol. Some of the extreme difficult problems which this amendment will cause for Federal law enforcement agencies were pointed out to him, and he said he had not realized the amendment would have such an impact. He was told of the efforts made to contact both him and his Senator, and ak he claimed he had not received any messages concerning our calls. He then offered to possibly work with us in an effort to lessen the impact of this amendment when the legislation goes to conference. Following action on the legislation, a discussion was had with Rakestraw, Tom Korologos and Pat O'Donnell of the White House staff. Both Korologos and O'Donnell stated they feel certain the adoption of these two amendments will insure a Presidential veto, and they pointed out the fact there were 33 votes against the Hart amendment indicates a veto can be sustained in the Senate. Four Members of the Senate who undoubtedly would have voted against the Hart amendment were absent on the 30th. It was the consensus of Korologos, Rakestraw, and O'Donnell that no serious efforts should be made to “clean up" this legislation in conference since both the Senate and House versions of this legislation contain many undesirable features, The initial conclusion is to delay final enactment and then recommend Presidential veto. Rakestraw commented after the passage of this legislation that he realized now it had been a bad mistake to attempt to negotiate with Senator Kennedy and his staff concerning problems in this legislation. It was apparent i [Kennedy ‘was not sincere in the compromise he had agreed to with the Departmental “representatives since he, as floor leader of the bill, strongly endorsed both the Muskie and Hart amendments when they were offered on the Senate floor, thus abandoning his prior commitment to support the compromise version which had been worked out in Committee. / ~Q- CONTINUED OVER