JOURNAL OFFICE OF LEGISLATIVE COUNSEL

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP77M00144R000600120057-4
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RIPPUB
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S
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12
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December 19, 2016
Document Release Date: 
October 25, 2005
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57
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Publication Date: 
February 4, 1975
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NOTES
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Approved For Release.2005/11/21 : CIA-RDP77M00144R0r SECRET JOURNAL OFFICE OF LEGISLATIVE COUNSEL Tuesday - 4 February 1975 CIA INTER AL USE ONLY 1. (Unclassified - DFM) Called Vince Puritano of the Inter- governmental Relations and Regional Operations Division, OMB, regarding their January 27th request for any legislat 9,n we wish to have submitted to the states. I told him we did not have any such legislation, and he sari.tten response would not be required. 2. (Internal Use Only - DFM) Received a call from Mr. Crowley, INR, regarding our position on S. Res. 6, introduced by Senator Richard S. Schweiker (R. , Pa. ), which would set up a Senate Select Committee similar to the one established by Senator John O. Pastore's (D. , R. I.) resolution. I outlined our tentative position anditold him I would get back to him with more details and possibly a draft when our response has been completed. He is very interested in following our lead in responding to the Committee. 3. (Unclassified - LLM) Advised Jack Pridgen, Press Secretary to Senator Lawton Chiles (D. , Fla. ) that the Director's letter to Senator Chiles concerning the outside activities of Agency physicians was being delivered to him today. 4. (Internal Use Only - LLM) Called Jane McMullan, Secretary, Senate Appropriations Committee, alerting her to my session with John Swearingen, Senate Rules and Administration Committee staff, and suggestbd that it is possible that the material Chairman John McClellan had submitted to the Ervin Select Committee for their review and report back to Chairman McClellan on their findings may in fact be considered to be the holdings of the Ervin Committee and subject to the requirements of S. Res. 369 which might permit access and treatment different than that intended by Chairman McClellan. McMullan thanked us for calling this to her attention and said she would'1bok into it immediately. 5. (Internal Use Only - LLM) Wheaton Byers, PFIAB staff, called to discuss the possibility of a White House coordinator in connection with the Select Committee investigations on the hill, etc. He said that Phil Buchen, Counsel to the President, was taken by the idea and would address this subject to PFIA.B later this week. Mr. Knoche, Special- Assistant to the Director, was advised. ---~ - A h r, i~ + G ~..l Pr1p UET C1... ltd ' /~ t : (.r1 5 roVe~#- F~ - 4i ease ?7C?b ~'I ?'/ G`A='R 71 014 000600120057-4 Tuesday - 4 February 1975 Journal - Office of Legislative Counsel Page 2 25X1 25X1 I 25X1 25X1 Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 6? IC staff, advised of a call from a Mr. Hunter of the Congressional Research Service on behalf of the Joint Budget: Committee concerning the Agency. I provided I ith Mr. Colby, s recent letters to Comptroller General Staats and Deputy Comptroller Keller on the subject of providing information on Agency budget, personnel and organization and advised that as best as I can recall we had no previous dealings. 8. (Confidential - GLC) Dorothy Fosdick, Professional Staff Director, Permanent Subcommittee on Investigations, Senate Government Operations Committee, called to ask if OSR, could come up and brief Richard Perle, of the Subcommittee staff, and herself on the situation in the Soviet Union. She said they are particularly interested in the state of Mr. Brezhnev's health as well as the political and economic situation generally. I told her I would check and be back in touch with her. It was later determined that as tied up tomorrow afternoon but I told Fosdick I would bring OCI, up to provide the briefing she has requested. 9. (Unclassified - G.LC) Ralph Preston, Staff Assistant, House Appropriations Committee, called to say that former Representative William Minshall (R., Ohio) would be writing a letter to the Director and asked how the letter should be addressed. Preston also said that Jim Oliver, OMB, had been by to see him on several matters and he (Preston) would want to talk with John Warner, OGC, sometime in the near future. Preston is to call us later about this. 10. (Internal Use Only - RJK) Delivered to the offices of Senators George McGovern (D., S. D. ), Edward M. Kennedy (D., Mass.), and Daniel K. Inouye (D., Hawaii) FBIS items in which their names were mentioned. 11. (Internal Use On ly - RJK) Left with Chris Cowart, on the staff of the Senate Armed Services Committee, a copy of an article from the 4 February NID which Clark McFadden had requested. Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 25X1 25X1 Approved For Release 2005/11/21 : CIA-RDP77M0 1'44R000600120057-4 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 75161"Y January 27, 1975 Mr. George L. Cary Legislative Counsel Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Colby: The Washington Offices of the Council of State Governments, the National Governors' Conference, and the National Legisla- tive Conference, operating as a joint entity, have requested assistance in developing legislative proposals for considera- tion by the State legislatures in their 1975-76 sessions. For over thirty years this service has been requested of Federal agencies by the States. Coordination of this program is carried on by the Intergovern- mental Relations and Regional Operations Division in the Office of Management and Budget. Any proposals for State legislation which your agency may wish to have circulated among the State legislatures by this procedure should be forwarded to the Office of Management and Budget. This Office will request the comments of other interested Federal agencies, advise you of the relationship of your proposal to the program of the Presi- dent, and when appropriate, forward the idea to the Committee on Suggested State Legislation, Council of State Governments. The Council's Committee proposals will be circulated among State legislatures at their next sessions. In some instances, legislative proposals emanating from State Governments and elsewhere will be submitted to Federal agencies for appropriate comment through the Office of Management and Budget. In order to facilitate and expedite the procedure for bringing Federal concerns to the attention of State legislative bodies, your attention is invited to the Cumulative Index to Suggested State Legislation, 1941-1974, which replaces all previous index sources. Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 r 4 Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120657-4 It will not be necessary to resubmit items previously given circulation unless there is a significant change in the situa- tion. Your suggestions should be submitted to the Office of Management and Budget by March 1, 1975, to permit time for coordination with other Federal agencies and consideration by the Committee prior to its 1975 meeting. The legislation contained in the annual Program of Suggested State Legislation is an overall State Government document which represents the suggestions of the Committee to their colleagues in the State legislatures. In order for the Committee on Suggested State Legislation to consider the proposals adequately, wherever possible, each Proposal should be submitted in the form of a legislative draft if it is susceptible to this treatment. Otherwise, it should be submitted as a draft statement setting forth the problem and outlining approaches to its solution. We would appreciate receiving eight copies of the draft and each accompanying explanatory statement. (At a later date, it will be necessary to furnish copies of each proposal to the Council Committee for its consideration, and it would be advisable to retain the duplicating plates if they have been prepared.) In order to assure full attention for your suggestions, it is essential that the March 1, 1975 submittal date be observed. We are further informed that special arrangements will be made to. facilitate consideration of proposals contingent upon con- gressional action which may be taken after that date. These should be prepared by you and sent along as soon as possible. It would be helpful if you anticipate making such later pro- posals to inform us and give as much indication as possible of their substance. In the event that there are questions concerning this procedure, please communicate with Mr. Vincent Puritano of the Office of Management and Budget staff (395-1774). Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 UNCLASSIFIED -- I CONFIDENTIAL SECRET App(oved For Release 2005/11/21: CIA-RD EXECUTIVE SECRETA Routing Slip ACTION INFO DATE INITIAL 1 DCI 2 DDCI 3 S/MC 4 DDS&T 5 DDI 6 DDM&S 7 DDO 8 D/DCI/IC 9 D/DCI/NIO 10 OGC 11 OLC 12 IG 13 Compt 14 D/ Pers 15 D/S 16 DTR 17 Asst/DCI 18 AO/DCI 19 20 21 22 Approved For Release 2005/11/21 : CIA-RDP77M0014 A >057-4 AP roved FoERg1 fIgJW5, ~4/.t 'C P?NAMLV44 (00120057-4 TO THE HEADS OF DEPARTMENTS AND AGENCIES Subject:: Suggested State Legislation: Styr Manual. Since 1941. Federal departments and agencies have had the privilege of submitting draft proposals to the Committee on Suggested State Legislation of the Council of State Governments. These suggestions from Federal agency sources are designed to make more effective Federal, programs and activities through facilitating State legislative proposals for adoption by. our State Legislatures. In this endeavor, therefore., we. are improving the entire Federa._t process and assisting in the delivery of services at all levels of government --- Federal, State, county, city and special district. The attached copy of the Style Manual was developed by the Council's Committee to .meet; the need for uniformity and standardization in presenting proposals to the Committee. It is being sent you for information and purpose of review prior to the next invitation letter soliciting proposals which 0MMIB will'be sending out before the end of the calendar year. If you have any questions or desire additional. information, please call Tom Graves of )ml), staff (395-4934 or IDS 103-4934). Robert H. Marik Associate Director for Management and Operations Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 REPRINTED FROM 1915 SUGGESTED STATE LEGISLATION VOLUME XXXIV Style Manual Developed by The Committee on Suggested State Legislation The Council of State Governments Iron Works Pike Lexington, Kentucky 40511 Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 AI? oyed For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 Style Manual "Style," according to Webster, is the "custom or plan followed in . . . typographic arrangement or display." Although this means that style is arbi- trary, it is helpful. to establish some guidelines for copy submitted for publication in Suggested State Legislation. This should result in an internally consistent publication, expressing ideas in a concise and clear manner. A sample act follows the discussion below. Introductory Matter The first item in a draft proposal is its name. This is to be followed with a brief description stating why such an act is necessary, summarizing the contents of the act, and the person or group which drafted the act. Next is the title, enacting clause, etc. This should not be expanded since there is diversity among the States as to what must be contained in these elements. Standardized Sections Section 1 is the "Short Title" and states how the act may be cited and Section 2 concerns itself with definitions, if necessary. Often one finds a "Purpose Clause" at the beginning of an act. Although this clause may be necessary in some States, it is unnecessary for purposes of submission to Suggested State Legislation. The purpose of an act should be apparent from its content. Reasons for enactment of an act can be placed in the introductory matter for the reasons may become dated even though the act may still be vital. At the end of the act there are usually three sections: "Severability" (if needed), "Repeal," and "Effective Date." Form Every line of the act is numbered. The line numbers begin anew with each section. Every section has a title, in brackets, which pinpoints the subject of the section. One of the most significant items with so many variations is the enumeration of paragraphs within a section. If there is only one subsection to a section, it runs into the section heading and is not enumerated. If there are two or more subsections, each subsection begins on a new line and is enumerated. The enumerations for subsections, in order, are (a), (b), (c), etc. while the enumer- ations for paragraphs within a subsection are (a), (1), (i), (A). Often it is necessary in draft legislation to indicate a state alternative to the name of an agency, the number of members on a committee, punishment for an offense, etc. In these cases brackets are used instead of parentheses. To avoid an abundance of capitalization, which can prove distracting, most words are lower cased. For example, "director," "commissioner," or "agency" Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 SADr ed For Release 2005/11/21 : CIA-RDP77M00144R000600.1200057-4 .. are not capitalized. Neither should the names of departments be capitalized except for specific ones established by the act. To say that "regulations of this act are enforced by the Department of Health" would not apply to all States. It would be better to say, "regulations of this act are enforced by the [depart- ment of health]." No footnotes are used. Instead, use is made of a "comment" paragraph which does not have line numbers and is placed at the end of the section or paragraph to which it applies. Unnecessary Words and Phrases Clarity is essential and excess verbiage eliminated in legislation. Some traps to be avoided are: Don't There is hereby created a Division of Accounting The term "disaster" shall mean Under the provisions of this act Until such time as the Director deems it necessary Paragraph (4) of subsection (c) of Section 25 No person shall be entitled to On or before June 15, 1974 In cases in which this occurs Give consideration to He shall receive compensation of $25,000 per year No person shall engage in said business of applying pesticides Do A Division of Accounting is established "Disaster" means Under this act Until the director considers it necessary Section 25(c)(4) No person shall Before June 16, 1974 When this occurs Consider His compensation is $25,000 a year No person shall apply pesticides It shall be incumbent upon the The director shall Director to Submission of Copy All copy should be typed, double spaced, on one side of the paper, with at least one inch margins all around. Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 Appproved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 11)6 Style Manual Sample Act as Submitted The Problem. The criminal justice system neither deters nor rehabilitates as effectively as possible. Decisions with respect to sentencing and treatment continue to be handicapped by lack of scientific experience. New treatment programs are developed haphazardly, if at all, and their relative effectiveness is rarely evaluated. The results are wasted lives, needless public expenditures, and increased crime. Dissatisfaction with existing correctional institutions has increased and the demand for reform has intensified, but reform to be meaning- ful must be based on facts.... The Purpose. The purpose of the suggested state legislation is to enable a State to facilitate research, including controlled experiments, in criminal sen- tencing and rehabilitation methods in order to determine the most effective and humane means of deterring crime and rehabilitating delinquent and criminal offenders.... This draft legislation was developed by the Criminal Sentencing Project of Yale Legislative Services. A comprehensive report on Criminal Rehabilitation, including a detailed commentary to the suggested legislation, can be obtained from Yale Legislative Services, Yale Law School, New Haven, Connecticut 06520. Suggested Legislation (Title, enacting clause, etc.) 1 Section 1. [Short Title.] This act may be cited as the [State] Criminal 2 Rehabilitation Research Act. 1 Section 2. [Definitions.] As used in this act: 2 (1) "Commission" means the Rehabilitation Research Commission. 3 (2) "Commissioner" means a member of the Rehabilitation Re- 4 search Commission. 5 (3) "Offender" means a person adjudicated delinquent or convicted 6 of a criminal offense under the laws and ordinances of the State and its 7 political subdivisions. Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 Anpr:.and For Release 2005/11/21 : CIA-RDP77M00144R0006OQ120057-4 1 Section 4. [Rehabilitation Research Commission.] 2 (a) A Rehabilitation Research Commission is established to review, 3 approve, and facilitate research directed at the rehabilitation of delinquent 4 and criminal offenders and to disseminate the results of such research to 5 correctional officials and other interested individuals and agencies. 6 [(b) The commission shall consist of 10 members appointed by the 7 Governor with the advice and consent of the [Senate] as follows: 8 (1) 'Two members shall be members of the state bar and one of 9 these representatives shall be a judge in the [highest state trial court 10 with a criminal jurisdiction]. 11 (2) Two members shall at the time of their appointment occupy an 12 administrative or executive position in state or local government. One 13 of these members shall be an official of the [state department of correc- 14 tions]. 15 (3) Two members shall be social scientists. 16 (4) Four additional members shall be selected by the Governor.] Comment: It is suggested that some commission members be ex-offenders. 1 Section 5. [Jurisdiction and Guidelines.] 2 (a) To be considered by the commission, a research proposal must: 3 (1) Involve the impact of one or more modes of sentencing or 4 treatment of juvenile or adult offenders. 5 (2) Have as its primary goal the successful and humane rehabilita- 6 tion of offenders. 7 (3) Be capable of completion with the assistance of the powers 8 herein given the commission without violating any law of this State or 9 the United States. 10 (4) Contain reasonable assurances that the proposal will not: 11 (i) Unduly interfere with the major objectives or operations of 12 any state, local, or private agency. 13 (ii) Tend to undermine the human dignity of the offenders or 14 staff involved or violate their rights to privacy or result in the unethical 15 use of any records or information made available or discovered in the 16 course of the research. 17 (b) In reaching a decision whether to approve a research proposal, 18 the commission shall. consider the following criteria: 19 (1) Relevance to important legal and penal questions. Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4 App8 oved For Release 2005/11/21 : CIA-RDP77M00144R000600100 a1-4 style 20 (2) Potential practical applicability compared to the costs of con- 21 ducting the research, including administrative feasibility, number of of- 22 fenders involved, and proposed duration. 23 (3) Methodological rigor. 1 Section 7. [Powers.] 2 (a) Every court and public agency or institution whose cooperation is 3 necessary for the completion of a research project shall actively assist 4 the project and comply with every reasonable and lawful request of the 5 commission. 115 (k) In addition to the authority granted in other subsections of this 116 act or under any other law of this State, the commission may make, 117 amend, or rescind such rules and regulations and exercise such other 118 powers as may be appropriate to effectuate the purposes and provisions 119 of this act. 123 [(m) The commission, in order to further the purposes of this act, is 124 authorized to initiate an action in mandamus in the State [court of 125 appropriate jurisdiction] against any public official; provided, however, 126 that if the writ is directed against a judge of the [highest state trial court 127 having criminal jurisdiction] the petition may be initiated in the State 128 [court of appropriate jurisdiction].] Comment: A State could adopt this provision when the power of the commis- sion to compel compliance with its lawful requests and directives is in doubt. 1 Section 10. [Severability.] [Insert severability clause.] 1 Section 11. [Repeal.] [Insert repealer clause.] 1 Section 12. [Effective Date.] [Insert effective date.] Approved For Release 2005/11/21 : CIA-RDP77M00144R000600120057-4