DCI MEETING WITH DR. BRZEZINSKI ON TUESDAY, 5 DECEMBER 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001800010011-0
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: August 16, 2004
• Sequence Number: 11
• Publication Date: December 4, 1978
• Content Type: MF

CONFIDENT,~ A4
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FROM
OLC 78-5131/5 JrC-IM
Presidential Briefing Coordinator
Executive Programming/Planning and Support
Staff/OLC
ie , Legislation Staff/OLC
SUBJECT DCI Meeting with Dr. Brzezinski on Tuesday,
5 December 1978
25X1
On 15 November 1978 the 1979 Legislative Program for
the Intelligence Community and the CIA was submitted to the
President and OMB. On that same date the Director, by
memorandum to Messrs. Brzezinski, Moore, and Eizenstat,
prioritized the items contained in the Legislative Program.
OLC currently is drafting the language for the various
proposals identified in the program; the most important of
these being Intelligence Authorization bill and FOIA relief.
We would hope, particularly on the matter of FOIA relief, that
the President will throw his weight behind our draft legislation;
in other words, by reference in the State of the Union message.
Since we have been unable to obtain the benefit of the thinking
of the White House on the Legislative Program at the working
level, it is recommended that the Director mention to
Dr. Brzezinski tomorrow our strong interest in White House
support for at least the FOIA and intelligence authorization
proposals, and leave the door open for Dr. Brzezinski to
find out whatever he can. A of the Director's15 November 25X1
1978 memorandum is attached.
25X1
cc: Frederick P. Hitz
Legislative Counsel
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25X1
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OLC:RLB:mao (4 Dec 78)
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DCI/RM-78-0068
15 November 1978
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MEMORANDUM FOR: Assistant to the President for
National Security Affairs
Assistant to the President for
Domesti.c Affairs and Policy
Assistant to the President for
Congressional Liaison
FROM: Director of Central Intelligence
SUBJECT: 1979 Legislative Agenda
1. I welcome the opportunity to provide my personal recommendation on
the priority of the items contained in the 1979 NFIP legislative program.
Each of the initiatives is significant, but obviously, some are more critical
to the performance of my job than others.
2. Attached is the proposed legislative program as it was provided to
the Director of OMB. In it, each of the initiatives is described in detail.
You will note that charter legislation which was introduced in both houses
of Congress during the second session of the 95th Congress is not identified
as a new separate proposal. Nevertheless, it is the most significant carryover
from the last legislative session.
3. In response to your 30 October memorandum, following is a list of
the initiatives and the priorities I would attach to each.
A. There are four of what I consider Presidential-level initiatives:
& The FY 1980 Intelligence Authorization Bill should be ac-
corded Highest Priority." It is essential to establishing
the role of the DCI in the preparation of the National Foreign
Intelligence Program and budget, as set forth in Executive Order
12036. I expect to establish clearly in the draft legislation
the relationship between the Executive and the Congress regarding
intelligence resources. It is important, I contend, to deal with
matters such as the incorporation of classified annexes in legis-
lation, the inclusion of certain functions performed by components
of the Intelligence, Community in "intelligence," as well as other
issues that developed during enactment of the FY 79 authorization
bell.
25X1
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o Intelligence charter legislation is also "Highest Priority."
In anticipation of the process of developing intelligence charter
legislation, I am considering the full range of legislative matters,
both proposed and current, which pertain to all entities of the
Intelligence Community, in the context of the charter legislation
to be introduced during the first session of the 96th Congress. This
is designated highest priority in recognition of the Administration's
commitment to cooperate with the Congress in the development
of charters for the Community.
o Legislation to protect against the unauthorized disclosure of
intelligence sources and methods, including information revealing
the identities of certain intelligence personnel should be accorded
"Highest Priority." Recent publication of information that purports
to identify covert operations, contacts, and identities of U.S.
Government intelligence officers underscores the importance of
securing legislation which would provide criminal penalties for
the unauthorized disclosure of identities of present and former
intelligence personnel undercover. This is included in the program
among the items of highest priority in recognition of the importance
to the Government of protecting the lives, well-being and professions
of undercover intelligence officers.
e Le islation to provide relief from the Freedom of Information
Act FOIA is accorded "High Priority." Compliance with the
requirements of the FOIA pose a substantial burden on the CIA
and other elements of the Intelligence Community. In the case
of the CIA, this burden is particularly troublesome when balanced
against the small amount of information ultimately released to
the public under the Act. As the FOIA is a statute with Government-
wide applicability, and legislative relief from it would likely
be subject to intense public scrutiny, I believe such legislative
relief would stand a chance of passage only if presented as a
Presidential initiative.
B. Two items in this legislative program should be designated as
Departmental-level initiatives:
o Clarifying firearms authority for CIA personnel is necessary
in order to avoid potential problems for CIA employees by
clarifying the existing statutory firearms authority.
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? Legislation to allow certain additional educational travel
for dependents of CIA employees and to provide for the payment
of a death gratuity to dependents of certain deceased Agency
em loyees is important to correct inequities between Agency
officers and employees of other Government agencies serving abroad
under similar circumstances who currently receive such statutory
benefits.
STANSFIELD TURNER
Distribution:
Orig - Dr. Brzezinski
1 - Each as.Addressed
Internal Distribution:
1 - O/DCI
1 - 0/DDCI
1 - DD/RM
1 - DD/NFA
1 - DD/CT
1 - DD/A
1 DD/O
1 - DD/S&T
1 - GC
I - LC
1 IG
1 - Compt
1 - D/PA
1 NSC Coordinator
1 - ER
-3-
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INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM
FOR THE FIRST SESSION OF THE
96TH CONGRESS
PART I--PRESIDENT'S PROGRAM PROPOSAL
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 proposed 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 proposed authoriza-
tion bill are currently being studied by the Director and components of the
Intelligence Community. It is anticipated that the bill to be proposed will,
among other things, address the problems and potential problems which
developed during the process of enacting the FY 1979 authorization 'bill
and which may develop as a result of the implementation of that legisla-
tion. such problems include, for example, language in the legislation
incorporating classified annexes by reference; some ambiguity 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."
A major programmatic initiative being considered in order to provide
incentives to intelligence production analysts is a request to authorize
either a specialist grade structure in DIA or to allow the DCI to
administer a bonus or incentive program.
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CENTRAL INTELLIGENCE AGENCY
PROPOSED LEGISLATIVE PROGRAM FOR THE
FIRST SESSION OF THE 96TH CONGRESS
PART I--PRESIDENT'S PROGRAM PROPOSALS
96-1. Legislation to Provide Legislative Relief from the Freedom of
Information Act: The fiscal year 1980 budget submission of the Director
of Central Intelligence contained, as an integral provision thereof related
to budgetary cuts, proposed legislative relies from the Freedom of Infor-
mation Act (FOIA) . The Director of Central Intelligence intends to
propose during the first session of the 96th Congress, legislation which
would have the effect of excluding from the provisions of the FOIA certain
CIA records systems .
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 releasable
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 exempting
from the Act itself, and thereby from the review requirements of the Act,
certain record systems maintained by the Agency which consist of raw and
unevaluated intelligence information. Additional vehicles under considera-
tion are the intelligence charter legislation and provisions in the intelli-
gence authorization bill.
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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 Intelligence 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 identities of present
and former intelligence personnel who are or have been undercover.
Toward this goal, the Director of Central Intelligence in conjunction with
the Attorney General and other appropriate 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 Circus stances: The Director of Central Intelligence submitted
through OMB tc> the Congress during the second session of the 95th
Congress, le islation that would amend those provisions of the Central
Intelligence Ac=. of 1949, as amended which relate to the carrying of firearms
by CIA persel.. This legislation was referred to the Intelligence
Oversight Ca nmittee in each House but no further action was taken by the
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95th Congress. Although this matter is addressed in provisions of the
Intelligence 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 legisla-
tive program for the second session of the 95th Congress and in the
separate legislative proposal submitted in 1978 pursuant to that program.
96-4. Legislation to Allow Annual Educational Travel for Dependents of
Employees of the Central Intelligence Agency Serving Overseas, and to
Allow for the Payment of a Death Gratuity to Surviving Dependents of
Employees of the Central Intelligence 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 sirniliar 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 received by
employees of other Executive Branch agencies in similar circumstances.
It is estimated that, in light of past experience and numbersr "of
employees- t-.-would be eligible for the two benefits, the cost to the
United States Government would be in neighborhood of $200,000 per year.
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