INTELLIGENCE COMMUNITY PROPOSED LEGISLATIVE PROGRAM FOR THE FIRST SESSION OF THE 96TH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700080028-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: July 20, 2005
• Sequence Number: 28
• Publication Date: November 14, 1978
• Content Type: REQ

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The proposals contained in this section
represent those items submitted by the intelligence
community in accordance with instructions-from the
Director, Office of Management and Budget to submit
such proposals with budget recommendations.
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INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM
FOR THE FIRST SESSION OF THE
96TH CONGRESS
PART I--PRESIDENT'S PROGRAM PROPOSAL
96-1. Fiscal Year 1980 Intelligence Authorization Bill: The Government's
first Intelligence Authorization bill was passed by the Congress and signed
into law by the President'in 1978. The Director of Central Intelligence
intends to submit to 0MB a proposed fiscal year 1980 Intelligence Authori-
zation bill for submission to the Congress early in the first session
of the 96th Congress. The language and terms of such a proposed authori-
zation bill are currently being studied by the Director and components
of the Intelligence Community. It is anticipated that the bill to be
proposed will, among other things, address the problems and potential
problems which developed during the process of enacting the FY 1979
authorization bill and which may develop as a result of the implementation
of that legislation. Such problems include, for -example, language in
the legislation incorporating classified annexes by reference; some
ambiguity over specific functions performed by certain components of
the Intelligence Community and whether these are intelligence matters;
and whether it is possible in the legislation to-define "intelligence
related activities." A major programmatic initiative being considered
in order to provide incentives to intelligence production analysts is
a request to authorize either a specialist grade structure in DIA or
to allow the DCI to administer a bonus or incentive program.
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CENTRAL INTELLIGENCE AGENCY
PROPOSED LEGISLATIVE PROGRAM FOR THE
FIRST SESSION OF THE 96TH CONGRESS
PJRT I--PRESIDENT'S PROGRAM PROPOSALS
95-1. Legislation to Provide Legislative Relief from the Freedom of
Information Act: The fiscal year 1980 budget submission of
the Director of Central Intelligence contained, as an integral
provision thereof related to budgetary cuts, proposed legislative
relief" from the Freedom of Information Act (FOIA). The Director
cf Central Intelligence intends to propose during the first
session of the 96th Congress, legislation which would have the ef-
fect of excluding from the provisions of the FOIA certain CIA
records systems.
This legislation is a major concern for the CIA for several rea-
sons. In the first place, the amount of information of this type which
is releasable to the public is extremely small in comparison to both the
tremendous number of man-hours required to review it and to the actual
quantity of information which must be reviewed pursuant to the terms of
the FOIA as currently drafted. In the final analysis, the Agency is unable
to release all but a.very small portion of this vast quantity of material
that must be reviewed. The manpower required by this task necessarily
rust be drawn from areas in which it would normally be utilized to further
the intelligence mission of the CIA. Furthermore, an expanded exemption
would clearly demonstrate to those individuals and agencies abroad with
which the CIA deals, that the information which is provided to us will
not be released in any form, a condition without which the information
would simply not be provided to us.
The Agency currently is studying the form such an exemption would
take. It could for example, be formulated along the lines of exempting
frcmthe Act itself, and thereby from the review requirements of the Act,
certain record systems maintained by the Agency which consist of raw and
unevaluated intelligence information. Additional vehicles under consideration
are the intelligence charter legislation and provisions in the intelligence
authorization bill.-
This legislation would'result in significant savings to the public
and to the Agency, since an exemption of particular record systems from
the review requirements of the FOIA would greatly reduce the currently
enormous time necessary to process and review such requests.
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96-2. Le islation to Protect Against the Unauthorized Disclosure of
Intelligence Sources and Methods, Inc uding Information Revealing t
Identities of Certain Intelligence Personnel: Recent publication
of information purporting to identify the covert operations, contacts
and identities of U.S. Government intelligence officers serving
at home and abroad serves to underline the importance of securing
legislation which would provide criminal penalities for the unauthorized
disclosure of identities of present and former intelligence personnel
who are or have been undercover. Toward this goal, the Director
of Central Intelligence in conjunction with the Attorney General and
other appropriate agencies. and departments, is considering legislative proposals
to protect against the unauthorized disclosure of intelligence sources and
methods. This review is taking place in the context of the present statutory
authority of the Director of Central Intelligence to protect inteili'gence
sources and. methods from unauthorized disclosure (paragraph 102(d)(3) of
the National Security Act of 1947, as amended), the pending intelligence'
charter legislation (S. 2525/H.R. 11245), and separate legislation introduced
by various members of Congress during the 95th Congress.
Action by the 96th Congress to protect against the unauthorized dis-
closure of intelligence information is essential.' in order to prevent, to
a much greater degree than is possible under current law, serious damage
to our foreign intelligence effort resulting from the unauthorized disclosure
of information relating to intelligence sources and methods.
96-3. Authority of the Director of Central Intelligence to Authorize Per-
sonnel of the Central Intelligence Agency to Carry Firearms Under Certain
Circumstances: The Director of Central Intelligence submitted through 0MB
to the Congress during the second session of the 95th Congress, legislation
that would amend those provisions of the Central Intelligence Act of 1949,
as-amended which relate-to the carrying of firearms by CIA personnel. This
legislation was referred to the Intelligence Oversight Committee in each -
Rouse but no further action was taken by the 95th Congress. Although this
matter is addressed in provisions of the Intelligence Charter legislation
(S. 2525/H.R. 11245), the Director of Central Intelligence continues to
believe that legislative clarification of the authority for CIA personnel
to carry firearms, is of sufficient' importance and urgency to warrant separate
prompt'action by the Congress. The Director, therefore, intends to resubmit
such legislation early in the.first session of the 96th Congress. The terms
of, and explanation for, this legislative proposal are contained in the
Director's proposed legislative program for the second session of the 95th
Congress and in the separate legislative proposal submitted in 1978 pursuant
to that program.
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96_4. Legislation to Allow Annual Educational Travel for Dependents of
E cio Bees of the Centra Irate i4ence Agency Serving verseas, and to
Allow for the Payment of a Death Gratuity to Surviving Dependents of Em-
^fovees of the Central Intelligence Agency who Die-as a Result of injury
Sustained in the Line of Duty: P.L. 93-475, approved 26 October 1974,
granted authority for two new benefits for employees of the Department of
State, AID and USIA (now ICA) serving overseas. The benefits provide for (1)
ore round trip per year to and from overseas posts for student-dependents
w~.o attend high school or college in the United States; and, (2) payment of
a death gratuity to the surviving dependent[s] of an employee who dies as
a result of injuries sustained in the line of duty which is in addition
~c any other benefit[s]. Although a portion of CIA officers serving overseas,
receive the travel benefit, others do not. Currently no Agency officers serving
overseas receive the death gratuity.
As Agency officers serve in circumstances similar to employees of State,
USIA, and ICA, it is inequitable that they do not receive the same statutory
benefits as do their counterparts. The Director of Central Intelligence,
therefore, intends to submit legislation in the first session of the 96th
Ccncress to correct this inequity, so that benefits available to CIA personnel
serving overseas are comparable to those received by employees of other Executive
Branch agencies in similar circumstances.
It is estimated that, in light of past experience and numbers of employees
tr:at would be eligible for the two benefits, the cost to the United States
Government would be in neighborhood of $200,000 per year.
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