FISCAL YEAR 1980 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300010026-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: September 14, 2006
• Sequence Number: 26
• Publication Date: January 9, 1979
• Content Type: MF

Approved For Release 2006/09/25: CIA-RDP83-00156R000300010026-6
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OLC: 78-3579/11
9 JAN I S79
--Consideration was given to retitling the bill as
the "National Foreign Intelligence Authorization Act,"
and to making Title I read "National Foreign Intelligence
Program." These changes would bring the bill more into
line with the terminology of Section 1-602 of E.O. 12036
(National Foreign Intelligence Program Budget). The
authorization of funds for intelligence-related
activities under such a heading, however, might give
MEMORANDUM FOR: Director of Central Intelligence
FROM: Frederick P. Hitz
Legislative Counsel
SUBJECT: Fiscal Year 1980 Intelligence Authorization
Bill
1. Action Requested: Your signature on the attached
letter transmitting the draft FY 1980 Intelligence Authorization
Bill to the Director of the Office of Management and Budget.
2. Background: Public Law 95-370, the "Intelligence and
Intelligence-Related Activities Authorization Act for Fiscal
Year 1979," was the first specific annual appropriations
authorization for intelligence. An authorization bill for
FY 1980 has been drafted by my Legislation Staff, in
conjunction with the Community and Legislative Liaison Office
of the Resource Management Staff, and in consultation with
appropriate Agency offices. National Foreign Intelligence
Community principals and legislative affairs officers were
given an opportunity to participate in the development of
the legislative program for the first session of the 96th
Congress, and to comment on the draft authorization bill.
The bill must now be submitted to the office of Management
and Budget.
3. Several specific items should be noted in connection
with what the draft authorization bill does and does not
contain:
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rise to an appearance of conflict with the specific
exclusion of tactical intelligence from the Executive
Order's definition of the National Foreign Intelligence
Program [4-210(e)], and could raise questions as
to whether you were attempting to take sides in the
still-unresolved SSCI-Senate Armed Services Committee
jurisdictional controversy about intelligence-related
activities. Changing the titles and eliminating the
reference to intelligence-related activities._.wouldw'.
be opposed by the HPSCI and would be likely 'to `inte"r-
ject you into jurisdictional fights in both houses
over a separate intelligence-related activities
authorization. It would appear preferable to
continue to.live with some semantic inconsistency
between the authorization bill and the Executive
Order.
--Section 101(b) of the draft bill notes that the
classified annex to the joint explanatory statement
of the Conference Committee should be deemed to
reflect "the intent of the Congress." This formulation
is preferable to the FY 1979 Act, which declared that
the classified annex should be deemed to reflect "the
final action of the Congress."
--As in FY 1979, Title II of the draft bill contains
a separate authorization for the Intelligence Community
Staff. The Inspector General and the Office of General
Counsel have questioned whether use of the term
"Intelligence Community Staff" continues to be appropri-
ate in light of the reorganization which created the
Resource Management and Collection Tasking Staffs. An
alternative formulation for Title II would be "Intelligence
.Community Staff Elements in the Office of the Director of
Central Intelligence," with the accompanying Sectional
Analysis and Explanation making clear that the reference
was to the Resource Management and Collection Tasking
Staffs. The alternative formulation might be more
technically correct, but use of "Intelligence Community
Staff" helps provide flexibility in allocating the
appropriation between the RMS and CTS, and retention of
the term is favored by the Resource Management Staff.
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--The draft bill contains as Titles IV, V and VI our
three departmental-level legislative program initiatives:
Educational Travel Benefits, Death Gratuities, and revised
Firearms Authority. Consultations with SSCI and HPSCI
staff indicate that there should be Congressional
receptivity to use of the authorization bill as the
legislative vehicle for these items.
--The draft bill does not contain two Presidential-
level initiatives that were included in earlier drafts:
a Freedom of Information Act Amendment, and legislation
to provide criminal penalties for the
unauthorized.--disclosure of the identities of certain individuals
engaged in foreign intelligence activities. Reasons
for not going forward with these initiatives in the
authorization bill include the need for further refinement
of specific statutory language, the Justice Department's
pending study of the feasibility of a comprehensive
legislative proposal on unauthorized disclosures,
and signals both from the office of Management and
Budget and the Congressional oversight committee staffs
of opposition to use of the authorization bill as the
vehicle for these kinds of legislative initiatives. My
Legislation Staff plans to have an FOIA proposal ready
to go forward as a separate bill no later than 28
February; timing of our initiative on unauthorized
disclosures will depend on the outcome of the Justice
Department project. The attached letter informs OMB
Director McIntyre that you intend to pursue these
legislative program items outside the context of the
authorization bill.
4. Staff Position: Appropriate Agency elements and
the Resource Management Staff have been consulted in
connection with the draft bill, and the Intelligence Community
has had opportunity for comment.
5. Recommendation: That you sign the attached letter
to OMB Director McIntyre transmitting the FY 1980 authorization
bill.
SIGNED
Frederick P. Hitz
Attachments:
As Stated
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OLC:GMC:mlg (8 Jan 79) 3