JOURNAL OFFICE OF LEGISLATIVE COUNSEL
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP77M00144R000600120057-4
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
12
Document Creation Date:
December 19, 2016
Document Release Date:
October 25, 2005
Sequence Number:
57
Case Number:
Publication Date:
February 4, 1975
Content Type:
NOTES
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CIA-RDP77M00144R000600120057-4.pdf | 567.85 KB |
Body:
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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. ---~ -
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Tuesday - 4 February 1975
Journal - Office of Legislative Counsel Page 2
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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.
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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.
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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).
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UNCLASSIFIED -- I CONFIDENTIAL SECRET
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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
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OGC
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OLC
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IG
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Compt
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D/ Pers
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D/S
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DTR
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Asst/DCI
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AO/DCI
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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
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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
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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"
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..
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.
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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.
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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.
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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.]
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