LETTER TO MR. JAMES M. FREY FROM FREDERICK P. HITZ

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100190007-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: June 4, 2002
• Sequence Number: 7
• Publication Date: November 13, 1979
• Content Type: LETTER

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OLC 79-2082/d E
Mr. James M. Frey
Assistant Director for
Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
Enclosed for your information is a copy of the
proposed Central Intelligence Agency and Intelligence
Community Legislative Program for the Second Session of the
96th Congress. In accordance with Office of Management
and Budget Circular No. A-19, revised, the Program has
been submitted by the Director of Central Intelligence as
part of the consolidated National Foreign Intelligence
Program budget.
Sincerely,
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CENTRAL INTELLIGENCE AGENCY
AND
INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM FOR THE SECOND SESSION
PART I -- PRESIDENT'S PROGRAM PROPOSALS
96/2 - 1: Safeguarding of Intelligence Capabilities
Legislation
This proposal encompasses three legislative
initiatives designed to implement the
President's expressed determination to
"increase our efforts to guard against
damage to our crucial intelligence sources
and our methods of collection, without
impairing civil and constitutional rights."
A. Protection of Intelligence Identities
Draft legislation to provide criminal
penalties for the unauthorized disclosure
of information identifying certain individ-
uals engaged or assisting in foreign
intelligence activities was forwarded to
the Office of Management and Budget by the
Director of Central Intelligence (DCI) on
13 July 1979 and awaits Administration
clearance. Meanwhile, the entire membership
of the House Permanent Select Committee on
Intelligence (HPSCI) has introduced the
"Intelligence Identities Protection Act of
1979" (H.R. 5615), which is a carefully
drafted and narrowly drawn Bill containing
elements similar to the DCI's proposal.
The Committee plans to hold hearings on
the Bill early in 1980.
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B. Freedom of Information Legislation
The DCI's proposal to amend Section 6
of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403g) so as to place
certain designated Intelligence Community
files outside the search and review
provisions of the Freedom of Information
Act was forwarded to the office of
Management and Budget on 13 August 1979
and awaits Administration clearance. The
House Permanent Select Committee on
Intelligence has already held hearings on
this issue, and Section 2 of H.R. 5129 is
similar to the DCI's proposal. The House
Government Operations Subcommittee on
Government Information and Individual
Rights plans to hold hearings late
in 1979 or early in 1980.
"Graymail" Legislation
The "Classified Information Procedures
Act" establishes protective rules
governing the use of classified informa-
tion in connection with espionage and
other criminal cases. The HPSCI Subcom-
mittee on Legislation will mark up H.R.
4745 (the Administration's Bill) and
H.R. 4746 (the Committee's Bill) late in
1979. The legislation is also pending
in the House and Senate Judiciary
Committees.
96/2 - 2: Intelligence Charter Legislation
Reintroduction of Charter Legislation (S. 2525
in the 95th Congress) is dependent upon
the outcome of ongoing negotiations between
the Administration and the Senate Select
Committee on Intelligence. The Director of
Central Intelligence continues to support
the Administration's commitment to cooperate
with the Congress in this area.
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PART II -- OTHER PROPOSALS
96/2 - 3: Fiscal Year 1981 Intelligence Authorization Bill
Annual authorization of appropriations for
the National Foreign Intelligence Program
has now become institutionalized. The
problem which arose in FY 1979 with regard to
the classified annex to the joint explanatory
statement of the Committee of Conference was
satisfactorily remedied in the FY 1980 Act
by the use of a separate classified "Schedule
of Authorizations," which accompanies the
Conference Report and lists the amounts
authorized to be appropriated. The DCI will
shortly submit to the Office of Management
and Budget a proposed Fiscal Year 1981
Intelligence Authorization Bill for transmittal
to the Congress.
96/2 -
Death Gratuity Legislation
This Administration-approved proposal to
provide a death gratuity benefit to the
survivors of intelligence officers killed
overseas as a result of hostile or terrorist
activity, or in connection with an intelligence
activity having a substantial element of
risk, has been introduced in both the House
(H.R. 5666) and the Senate (S. 1930) with
strong bipartisan support.
96/2 5: Intelligence Personnel Protection Act
This proposal to provide criminal penalties
for threats or actual acts of violence
against CIA personnel or persons for whose
security the Agency is responsible was
forwarded to the Office of Management and
Budget on 10 October 1979 and awaits Adminis-
tration clearance.
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96/2 - 6: CIA Firearms Authority
Hearings on this Administration-approved
amendment to Section 5(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C.
403g) were held by the House Permanent
Select Committee on Intelligence during its
consideration of the FY 1980 Intelligence
Authorization Bill. The amendment is
designed to enhance the DCI's ability to
fulfill his statutory responsibility for the
protection of intelligence sources and
methods.
96/2 - 7: Senior Intelligence Services for the National
Security and Defense Intelligence Agencies
NSA's proposal for statutory authority to
create a Senior Executive Service-type
Senior Service has been approved and forwarded
to the Congress. DIA's proposal awaits
Administration clearance.
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EXPIRING LAWS - CENTRAL INTELLIGENCE AGENCY
P.L. 96-100, the "Intelligence and Intelligence-Related
Activities Authorization Act for Fiscal Year 1980" will
expire on 30 September 1980. The Law should be extended
via enactment of a Fiscal Year 1981 Intelligence Authorization.
See item 96/2 - 3 in Part II of the Central Intelligence
Agency and Intelligence Community Proposed Legislative
Program for the Second Session of the 96th Congress.
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