SUBMISSION OF PROPOSED LEGISLATIVE PROGRAMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001800040017-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Sequence Number: 17
• Content Type: MEMORANDUM FOR

Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 pp.oved For ReI CU1`IV ~FFI CE O81THE PRESIDENT 017-1
B- i
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
August 18, 1978
MEMORANDUM FOR THE HEADS OF DEPARTMENTS AND-AGENCIES
SUBJECT: Submission of Proposed Legislative Programs
In my 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 submit your proposed legislative program
concurrently with your budget submission to OMB.
I want to reiterate the importance of that requirement,
which is set forth in detail in OMB Circular No. 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
the President's stringent budget policy for 1980 and
because it is vitally important that the President's
Budget present a comprehensive program for the
Government, you should be aware that legislative
proposals that are not submitted with your budget
recommendations 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
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM
FOR THE FIRST SESSION OF THE
96TH CONGRESS
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 pro-
posed 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 propsoed authorization bill are currently
being studied by the Director and components of the Intelligence Com-
munity. It is anticipated that the bill to be proposed will, among
other things, address the problems and potential problems which de-
veloped during the process of enacting the FY 1979 authorization
bill and which may develop as a result of the implementation of that
legislation. Such matters include, for example, language in the
legislation incorporating classified annexes by reference; some ambi-
guity 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."
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
CENTRAL INTELLIGENCE AGENCY
PROPOSED LEGISLATIVE PROGRAM FOR THE
FIRST SESSION OF THE 96TH CONGRESS
96-1. Legislation to Amend the Freedom of Information Act so as to
Exempt from the Provisions thereof Intelligence Information: The
fiscal year 1980 budgetsubmission 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 of Central Intelligence intends to propose, during the first
session of the 96th Congress, legislation which would exclude from the
provisions of the FOIA all CIA information systems consisting of intel-
ligence information that is collected clandestinely and which is in a
raw unevaluated form. This would consist largely of field intelligence
reports, operational reporting, and various other highly classified
material collected overseas through various clandestine means.
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 re-
leasable 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 ex-
empting from the Act itself, and thereby from the review requirements
of the Act, unevaluated intelligence information collected through
clandestine means. In an effort to assure that information related to
those types of information covered by the Privacy Act would still be
reviewed and releasable pursuant to the terms of that Act, the ex.
emption for the Agency from the FOIA could be coupled with an amendment
to the Privacy Act removing the Agency's present discretionary exemption
from the Privacy Act. The specific language reflecting such an exemption
from FOIA as described above will be provided shortly after the convening
of the 96th Congress in January 1979.
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
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 Intelli ence 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 such information, most importantly relating to the dis-
closure of identities of present and former intelligence personnel who
are or have been under cover. Toward this goal, the Director of Central
Intelligence in conjunction with the Attorney General and other ap-
propriate 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 95th
Congress. Although this matter is addressed in provisions of the Intel-
ligence 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.
-2-
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
96-4. Legislation to Allow Annual Educational Travel for Dependents
of Employees of the Central Intelli gpceAe Serving _Overseas, and
to Allow for the Payment _of_a_Death Gratuity to Surviving Dependents
of Employees of the Centrl^Intelli'gence 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 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 Congress to correct this inequity, so that benefits
available to CIA personnel serving overseas are comparable to those re-
ceived by employees of other Executive Branch agencies in similar circum-
stances.
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 the neighborhood of $200,00.00
per year
-3-
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
 Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1
Approved For Release 2006/08/09: CIA-RDP81 M00980R001800040017-1