LETTER TO MR. JAMES M. FREY FROM(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001600110020-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: July 6, 2004
• Sequence Number: 20
• Publication Date: November 15, 1978
• Content Type: LETTER

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WASHINGTON. D. C. 20505 RECORD COPY
Office of Legislative Counsel
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Frey:
OLC 78-5131/0 }
NOV1978
Enclosed is the proposed legislative program of the Director of
Central Intelligence for the first session of the 96th Congress. In
accordance with Office of Management and Budget Circular No. A-19,
revised, and Director McIntyre's memorandum of 18 August 1978, this
legislative program is being submitted .as part of the consolidated
National Foreign Intelligence Program budget to the President. The
program is in two parts, reflecting legislative proposals of interest
primarily to the Central Intelligence Agency, and those reflecting
concerns of the Intelligence Community.
Intelligence charter legislation was introduced in both Houses
of Congress during the second session of the. 95th Congress. Extensive
hearings were held by the Senate Select Committee on Intelligence, and
the Administration has devoted considerable time to the study of the
charter legislation and the development of positions thereon.' This
process will probably accelerate during the first session of the 96th
Congress. The Director of Central Intelligence, therefore, will be
considering the full range of legislative matters, both proposed and
current which pertain to the Central Intelligence Agency and other
entities of the Intelligence Community, in the context of the charter
legislation.
Included in the enclosed legislative program, however, are several
specific legislative matters of concern to the Director on which he intends
to act during the first session of the 96th Congress. At this time,
we envisage five such matters, which are explained in the enclosed
program:
a. Fiscal Year 1980 Intelligence Authorization Bill.
b. Legislation to provide relief from the Freedom
of Information Act.
c. Legislation to protect against the unauthorized
disclosure of intelligence sources and methods, including
information revealing the identities of certain intelligence
personnel.
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d. Clarification of the authority of the Director of Central.
Intelligence to authorize personnel of the Central Intelligence
Agency to carry firearms under certain circumstances.
i=w
e. Legislation to allow annual educational travel fore
dependents of employees of the Central Intelligence Agency
serving overseas, and to allow for the payment of a death
gratuity to surviving dependents of employees of the
Central Intelligence Agency who die as a result of injury
sustained in the line of duty.
It is not anticipated that any laws or provisions of laws affecting
the Central Intelligence Agency will expire in 1978.
Ac'Ting egi ve Counsel
Distribution:
Original - Addressee
1 - NFAC /- ,C'ex ~
1 - DDA "Y6 e,
1 - O/Comps . ./- '6-rcc.
1 - DDO/PCS
1 - 0GC
1 - DDS&T
1 - IC Staff
1 - OLC Subject
1 - OLC Chrono
OLC:RLB:mao (15 Nov 78)
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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 OMB a proposed fiscal year 1980 Intelligence
Authorization bill for submission to the Congress early in the first session
of the 96th Congress. The language and terms of such a proposed authoriza-
tion 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 legisla-
tion. 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
PART I--PRESIDENT'S PROGRAM PROPOSALS
96-1. Legislation to Provide Le islative 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 relieve from the Freedom of Infor-
mation Act (FOIA). The Director of Central Intelligence intends to
propose during the first session of the 96th Congress, legislation which
would have the effect of excluding from the provisions of the FOIA certain
CIA records systems.
This legislation is a major concern for the CIA for several reasons.
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 must 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
from the 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 considera-
tion are the intelligence charter legislation and provisions in the intelli-
gence authorization bill.
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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.
96-2. Legislation to Protect Against the Unauthorized Disclosure of
Intelligence Sources and Methods, Including Information Revealing the
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 penalties 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 intelligence 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
disclosure 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
Personnel of the Central Intelligence Agency to Carry Firearms Under
Certain Circumstances: The Director of Central Intelligence submitted
through OMB 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 House but no further action was taken by the
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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 legisla-
tive program for the second session of the 95th Congress and in the
separate legislative proposal submitted in 1978 pursuant to that program.
96-4. Legislation to Allow Annual Educational Travel for Dependents of
Employees of the Central Intelligence Agency Serving Overseas, and to
Allow for the Payment of a Death Gratuity to Surviving Dependents of
Employees 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 Depart-
ment of State, AID and USIA (now ICA) serving overseas. The benefits
provide for (1) one round trip per year to and from overseas posts for
student-dependents who 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 to 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 sirniliar 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 Congress 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 that 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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:_? y EXECUTIVE OFFICE OF TN- PRESIDENT
i_ i';?? OFFICE Oi- MANAGEMENT AND BUDGET
August 18, 1978
.MEMO 3DUM FOR TEE HEADS OF DEPARTMENTS . ND -AG NCI*S -
SUWECT: Submission of Proposed Legislative Programs
In ny letters to you setting forth Presidential policy
guidance for preparation of your fiscal year 1980
budget, .I called to your.- attention, where appropriate,,.
the need to- surit your proposed legislative program
concurrently with your budget submission to 0M3_
I want to reite=ate - the importance of that requirement,
which is set forth - in -detail in OMB Circular N~o A-19
In addition, legislative proposals involving budget
authority and outlays' must be reflected in your budget
_ submission as separate decision packages- In view of
Budget present a comprehensive program for the
the President's 'stringent budget .policy for 1980 and -
because it is vitally important that the President's
Government, you should be aware that legislative
proposals that are- not submitted with your budget -
recomnendations and are not included in the President's
Budget will have little chance of being approved for
submission to the Congress next year.
James T_ McIntyre, Jr_
Director
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