LETTER TO MR. JAMES M. FREY FROM GEORGE L. CARY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78M02660R000800030015-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: January 19, 2005
• Sequence Number: 15
• Publication Date: June 24, 1976
• Content Type: LETTER

Approved IkMsel 142JW-Rt@V*W 660R000
WASHINGTON, D.C. 20505
2 4 JUN 1976
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
I am writing to offer certain comments regarding S. 1439, a bill
which reorganizes the export functions of the Government with respect
to non-military nuclear equipment and technology. This legislation was
reported favorably with amendment by the Senate Government Operations
Committee on 13 May 1976 and was referred jointly to the Senate Foreign
Relations Committee and Joint Committee on Atomic Energy for a period of
60 days.
The Central Intelligence Agency is not directly concerned with the
activities covered in S. 1439. However, there are at least five provisions
in the bill under which the Agency may be called upon to provide foreign
intelligence information to other Executive branch components. These include:
a . Paragraphs (1) and (2) of Section 4(c). These para-
graphs require the Secretary of State to provide the Nuclear
Regulatory Commission with certain data and recommendations
which the Secretary is authorized to obtain from other
Government agencies.
b. Paragraph (4) of Section 6(c). This paragraph authorizes
the Commission to furnish Congress a complete record pertaining
to export license applications and all data, findings and recom--
mendations furnished to the Commission by the Secretary of State
and other Executive agencies.
c. Section 7. This section authorizes 'the Arms Control
and Disarmament Agency to prepare and to furnish the Commission,
the Secretary of State, and the Congress a "Nuclear Proliferation
Assessment Statement" with respect to certain strategically signi-
ficant agreements and arrangements relating to non-military
nuclear energy facilities and technology.
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d. Section 8(c). This section directs the President to
review all activities of Government agencies relating to limiting
the spread of nuclear weapons and to make an annual report to
Congress on Government efforts to control proliferation.
e. Paragraph (3)(D) of Section 10. This paragraph
directs the President annually to submit to Congress informa-
tion on the import or indigenous production by a non-nuclear
weapons country of technology, components or facilities capable
of producing special fissionable material suitable for direct use
in a nuclear explosive device.
The impact of S. 1439 on the Central Intelligence Agency will depend
upon the extent of assistance requested by the Secretary of State, the
Nuclear Regulatory Commission and the Arms Control and Disarmament
Agency in carrying out their duties under the proposed Act. In this
connection, the Director of Central Intelligence has the statutory responsi-
bility for protecting intelligence sources and methods from unauthorized
disclosure, under section 102 (d) (3) of the National Security Act of 1947.
While there is no provision in S. 1439 which authorizes the public disclosure
of sensitive information, it is believed that, to avoid confusion or misunder-
standing, the bill should expressly state that its provisions should not be
construed to authorize or permit the public disclosure of information classified
under Executive order or statute.
Sincerely,
Legislative Counsel
Distribution:
Orig - Addressee
1 - DDS&T
1 - DDI
1/ OLC Subject
- OLC OMB Liaison
1 - OLC Chrono
OLC: WPB: sm (23 June 76)
STAT
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