PL 89-306

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000600060051-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 19, 2016
• Document Release Date: July 17, 2006
• Sequence Number: 51
• Publication Date: December 6, 1965
• Content Type: MFR

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TRANSMITTAL SLIP
TO: JSW-
R00M NO. BUILDING
REMARKS:
Here's the ADP package. It includes
ap memo from you to'DDCI
b) letter from you to BOB, with
attachment of letter from DDCI to
Chairman Dawson.
We have telcon concurrence of all
Deputy Directorates by officers who
said they could speak for their DD
on this matter,as follows:
1 FEB 55 241
DATE
26 March 65
EXTENSION
REPLACES FORM 36-8 {x GPO: 1957-0-439445 (47)
WHICH MAY BE USED.
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 rove F?I' FI
0
UNCLASSIFIED CONFIDENTIAL
SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
I
P9
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks: F/I ~
co to4atad ?'i ox
to
FOLD HERE TO RETURN TO SENDER
FROM: NAME ADDRESS
AND PHONE NO.
DATE
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CONFIDENTIAL
SECRET
A
FORM NO. 237 Use previous editions (40)
2-61 / U.S. GOVERNMENT PRINTING OFFICE: 1961 0-587282
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 6 December 1965
1. Following is a brief recap of impressions of what was said
by Mr. Edward J. (sounded like... Ruana) of GSA (who substituted for
Robert K. Brennan, GSA) at the National Archives Theater on 3 December
1965. Title of the address was Implications of the Brooks Bill (now
Public Law 89-306). The occasion was an Interagency Records
Administration Conference (IRAC) on the New Government-Wide ADP
Coordination Program.
2. First was some background information on why the current
interest in ADP matters. The most obvious reason being that 3% of the
federal budget (30% of the "controllable" amount of the federal budget,
i. e. , excluding such things as veterans benefits) is now spent on ADP
and, the proportion is growing rapidly.
3. The Bureau of the Budget Bulletins which have provided
policy and guidelines on ADP matters since 196d were reviewed.
Congressional interest was stirred up by the many reports by the
Comptroller General on ADP wastes and mismanagement. Proposed
legislation was discussed for several years and finally, as a last
minute item, the 89th Congress passed the Brooks Bill. It was signed by
the President and became PL 89-306. GSA says the timing on'this
completely surprised them.
4. It was emphasized that PL 89-306 did not establish an ADP
czar. It does provide for the establishment of a revolving fund which,
GSA says it expects, will be used for such things as establishing
facilities for cleaning mag tapes for ADPE users, training and furnishing
ADPE maintenance personnel and establishing ADP service centers
which agencies could use like they now use commercial ADP service
centers.
5. GSA needs a policy and guidance document for implementing
its role under PL 89-306. It expects this to come from BOB. It will
also need much money and many people to carry out this role. It is
seen to be a slow process; however, the Committee on Government
Operations is expected to want periodic progress reports.
L k.
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6 December 1965
6. GSA has started to work on a master plan, which it says
was appropriate even without PL 89-306, It has identified five
major areas for GSA activity: (1) Furnish ADP advisory services, (2)
provide contracting and procurement services, (3) furnish a control
mechanism for'ADPE utilization, maintenance, replacement and disposal,
(4) develop an ADP Management Information System, and (5) provide
for the sharing and exchange of ADP items and expand the service center
concept. It has 59 projects identified in the 5 major areas. These
specific projects were not identified.
7. In concluding it was stated that each agency would continue
to identify its ADP requirements, select its own equipment, do its
own ADP funding, and rent or purchase its ADP equipment. GSA would
act as a "broker. " Probably starting with ADP acquisition items in
each agency's budget for FY-67, GSA would contact the agency and
offer the assistance of its procurement (not ADP) experts.
8. Somewhere in the talk the point was made that many small
agencies are anxious to use the facilities of a government service
center if they can get the kind of service they need. Also, it was
mentioned that security does not prohibit all sharing of ADP equipment.
The example given was that GSA had no trouble in getting time on the
RCA 501 computer at CIA.
9. Evidently, GSA is not yet equipped to fully explain how
PL 89-306 will be implemented. Their first objective seems to be
to quiet all fears that GSA will infringe on the rights of other agencies.
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NEW?GOVERNMENT-WIDE ADP
:1A
COORDINATION PROGRAM
Implications, of the Brooks Bill
SPEAKER:.
.1965-1966
ROBERT K. BRENNAN
General Services- Administration
PRESIDING:' DONALD J. SIMON
Department of State
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December. 3, 1965 } 10:30a.m.
National Archives Thoator ' Washington, D. C.,
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 Adda `"'1v
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Approi' ReeseODL09125_._G1A R 446
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NEW GOVERNMENT-WIDE ADP
COORDINATION PROGRAM
Implications of the Brooks Bill
General Services Administration
SPEAKER: ROBERT K. BRENNAN
PRESIDING: DONALD J. SIMON
Department of State
December. 3, 1965. 10:30a.m.
National Archives Theater Washington, D. C.
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- N CLAS IFIED CONFIDENTIAL SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Ex/Dir/Compt 7E12
mlA
2
DDCI
3
4
5
6
Legislative Counsel 6D0109
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
ale , Grc3K
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
OGC /LC 6D0109
LA O I
26 Mar
Ap
FORM 1 237 Use previous editions (40)
U.S GOVERNMENT PRINTING OFFICE: 1961 0-587282
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2 7 MAR 1965
MEMORANDUM FOR: Deputy Director of Central Intelligence
SUBJECT: Agency Views - Automatic Data Processing
Legislation
1. This memorandum contains a recommendation for your
approval. The recommendation is stated in paragraph 12.
2. The Federal Property and Administrative Services Act
of 1949 provides that none of its provisions shall impair the authorities
of the Central Intelligence Agency. H. R. 4845 proposes to revoke that
provision with respect to ADP equipment.
3. H. R. 4845 sets up the Administrator of GSA as the central
manager of ADP equipment for Federal agencies and their contractors,
to the extent that contractor equipment is carried at the expense of the
Government. The Administrator is directed and provided with the
authority to purchase, lease, and maintain ADP equipment, and to
provide for joint use of equipment and facilities. The Administrator
can delegate these authorities to heads of agencies under various
circumstances, including for reasons of national defense or national
security. Agencies can appeal the Administrator's determinations
to BOB.
4. Congressman Brooks, who introduced H. R. 4845 and
succeeded in obtaining House passage of similar legislation during
the 88th Congress, will chair the Government Activities Subcommittee,
which will consider the bill on 30 March 1965. Members of the
Subcommittee are: Congressmen William S. Moorhead (D., Pa.),
David S. King (D., Utah), Dante B. Fascell (D., Fla.), Ogden Reid
(R., N. Y.), and Edward J. Gurney (R., Fla.)
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5. The Bureau of the Budget submitted its views on the bill
to Chairman Dawson of the full committee on 18 March 1965. Our
views have not been solicited by either BOB or the Committee.
6. A brief summary of what transpired on similar legislation
during the 88th Congress is helpful in understanding the present
situation. First, the Brooks' Subcommittee held only one day of
hearings. Only GSA and GAO, both strong supporters of the bill,
testified. Almost all Federal agencies took strong exception to
that part of the bill which vested almost complete management
authority over ADP equipment in GSA. Second, while the bill
passed the House, the floor debate was bitter; and one amendment
to somewhat dilute GSA's authority was accepted. Third, Senator
McClellan, Chairman of the Permanent Subcommittee on Investigations,
took note of this furor and decided not to act on the bill until a Presi-
dential task force, which was reporting on the problem, submitted its
report.
7. The Presidential task force study, the so-called Clewlow
Report, was submitted to the Senate and the House on 2 March 1965.
While agreeing with H. R. 4845 in part, the Clewlow Report rejects
those provisions which propose a change of the management structure
over ADP and recommends that heads of agencies retain their present
responsibilities and authorities, subject to BOB coordination and
management improvement programs.
8. The conflict between H. R. 4845 and the BOB prepared
Clewlow Report has been played down in the concluding sentence of
BOB's report to Chairman Dawson of the full committee as follows:
--"The Bureau of the Budget recommends that your Committee give
favorable consideration to H. R. 4845. "
9. A DOD report on H. R. 4845 to Chairman Dawson was
permitted to clear BOB. Secretary Vance recommended that many
of the GSA's authorities and responsibilities be changed from a
mandatory to a permissive nature and proposed an amendment which
would provide the head of a Federal agency with the authority to
determine when ADP should be excluded from the centralized man-
agement provisions of the bill for reasons of national defense or
national security. Under this amendment, we believe that the DCI
could make such a determination and exclude all Agency ADP equip-
ment including that used by Agency contractors at the expense of the
Government.
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 RDPOM0044OR0006
UNCLASSIFIED CONFIDENTIAL SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
First report on H. 45, cleared BOB
27 March. Delivered byo Mr. Baynard of
Subcommittee of Government Operations on 27
27 March 1965.
Picked up by LLM on 31 March in con-
junction with our plan to submit substitute report
to forestall possibility that it may be inadvertently
placed in the Record.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
67130
04 46R000
AS FED
L I
CONFIDENTIAL
I
SECRET
(40)
* U.S. GOVERNMENT PRINTING OFFICE: 1961
O-6n,,6n
F 2-6i?? 237 Use previous editions
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2 7M R
Honorable Kermit Gordon
Director, Bureau of Budget
Washington 25, D. C.
Dear Mr. Gordon:
We wish to submit to Chairman Dawson, of the
House Committee on Government Operations, the views
of this Agency on H. R. 4845, 89th Congress, a bill "To
provide for the economic and efficient purchase, lease,
maintenance, operation, and utilization of automatic
data processing equipment by Federal departments and
agencies. "
Enclosed is a proposed report to the Committee
on this legislation. Advice is requested as to whether
the Bureau of the Budget has objection to the submission
of this report.
Sincerely,
SIGNED
John S. Warner
Legislative Counsel
Bbgth!*m1Wn:
Orig and 1 .. Addressee
Subject
1 Chrono
OGG/LC/LLM:rm (26 March 1965)
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CENTRAL INTELLIGENCE AGENCY
2 7 MAR 1965
Honorable William L. Dawson
Chairman, Committee on
Government Operations
House of Representatives
Washington, D. C. 20515
We wish to submit the views of this Agency on H. R. 4845,
89th Congress, a bill "To provide for the economic and efficient
purchase, lease, maintenance, operation, and utilization of auto-
matic data processing equipment by Federal departments and agencies."
As is the case with many other agencies, the Central
Intelligence Agency regards automatic data processing equipment
as an invaluable and indispensable aid in the performance of its
responsibilities. Such equipment has enhanced our capability to
coordinate, correlate, and evaluate the vital and complicated security
data and intelligence information which we are receiving in ever-
increasing quantities.
CIA uses both specialized and general commercial equipment
in its automatic data processing program. In both cases, however,
utilization is inextricably involved in the security responsibilities of
the Director of Central Intelligence.
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The security responsibilities of the Director of Central
Intelligence are imposed by the provisions of the National Security
Act of 1947, as amended, and the Central Intelligence Act of 1949,
as amended. These respectively provide:
(a) "That the Director of Central Intelligence shall be
responsible for protecting intelligence sources and methods
from unauthorized disclosure;"
(b) "Section 6. In the interests of the security of the
foreign intelligence activities of the United States and in order
further to implement the proviso of section 102(d)(3) of the
National Security Act of 1947 (Public Law 253, Eightieth
Congress, first session) that the Director of Central Intelligence
shall be responsible for protecting intelligence sources and
methods from unauthorized disclosure, the Agency shall be
exempted from the provisions of sections 1 and 2, chapter 795
of the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654),
and the provisions of any other law which require the publication
or disclosure of the organization, functions, names, official
titles, salaries, or numbers of personnel employed by the
Agency: Provided, That in furtherance of this section, the
Director of the Bureau of the Budget shall make no reports to
the Congress in connection with the Agency under section 607,
Title VI, chapter 212 of the Act of June 30, 1945, as amended
(5 U.S.C. 947 (b) ). "
We have reviewed very carefully the views of the Department of
Defense on H. R. 4845 in their letter to you dated 18 March 1965. We
support their suggestions for amendments as set forth on page 4 of the
letter. We also support the suggested amendment which appears later
in the letter which recommends incorporating, on page 2, line 16 of the
bill, the following provision:
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"This section shall not be construed to apply to
specially designed automatic data processing equipment
for scientific, military or cryptologic uses and the head
of a federal agency is authorized to determine when any
automatic data processing equipment should be excluded
from the provisions of this section for reasons of national
defense or national security. "
We believe that in order to make very clear that equipment used for
intelligence programs would not be contemplated as coming within the
purview of the proposed law, the word "intelligence, ?t offset by commas,
should be inserted after the word "scientific. " With this change, we
fully endorse this amendment.
In reviewing the hearings and the floor discussion on H. R. 5171,
a similar bill introduced in the 88th Congress, we find numerous
references where intelligence and classified activities were used as
examples of the type of activities the Administrator would or should
exempt from the provisions of the proposed law. H. R. 4845 provides
the Administrator with similar authority to grant exemptions from the
full scope of the bill.
Nevertheless, we believe that it is extremely important that
any law on this subject be clearly worded so that there is no dilution
of the authority and responsibility of agency heads, who, by law, are
charged with protecting the national security. For this reason, we
would appreciate your favorable consideration of our suggestions.
We will be happy to provide any additional information that your
Committee may request.
The Bureau of the Budget advised that, from the standpoint of
the Administration's program, there is no objection to the submission
of this report.
Faithfully yours,
Marshall S. Carter
Lieutenant General, USA
Deputy Director
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