LETTER TO MR. JAMES M. FREY FROM FREDERICK P. HITZ

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP84B00890R000300030034-7
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 15, 2016
Document Release Date: 
November 5, 2003
Sequence Number: 
34
Case Number: 
Publication Date: 
April 16, 1981
Content Type: 
LETTER
File: 
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PDF icon CIA-RDP84B00890R000300030034-7.pdf84.75 KB
Body: 
STAT Approved For Release 2004/05/05 : CIA-RDP84B0089OR000300030034-7 Approved For Release 2004/05/05 : CIA-RDP84B0089OR000300030034-7 Approved For lease 2004/05/05 : CIA-RDP84B0089N000300030 THE DIRECTOR OF CENTRAL INTELLIGENCE 16 April 1981 U~1J r ~'~~t~~ VLl 81-Uhl//u (~laNV-C-31 ez Legislative Counsel Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D.C. 20503 Dear Mr. Frey: This is in response to your request for the views of the Central Intelligence Agency on H.R. 316, the "Limitation on Government Recordkeeping Requirements and Actions Act of 1981." For the reasons discussed below, this Agency opposes enactment of this legislation. Upon analysis, we find H.R. 316 to be vague and ambiguous in breadth, scope, and purpose, and debilitating in impact. By imposing a four year statute of limitation on the U.S., paragraph 2(a)(2) of the Bill would significantly reduce the ability of the.Government to pursue its just claims and debts. While most contract settlements are completed well within a four year period, certain difficult ones could drag on. Accordingly, in such cases, the Government's bargaining power would continually diminish as the tolling of the four year statute approaches. In addition, paragraph 2 (a)(1) could impact negatively on the CIA's classified procurement capability by removing from the contractor at the end of a four year period all contractual and legal obligations, including those concerning security, and by arguably eliminating all legal remedies to protect information and material that is sensitive or that must remain classified. This provision might serve to frus- trate the congressional intent behind section 3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403(d)). Should you have any questions concerning our views, not hesitate to contact this office directly. We would appreciate being kept closely advised regarding the formu- lation of an Administration position on this legislation. Frederick i z STAT Approved For Release 2004/05/05 : CIA-RDP84B0089OR000300030034-7 Approved For elease 2004/05/05: CIA-RDP84BO08 000300030034-7 Distribution Orig STAT 1 - 1 - 1 I rPPPM) 1- 1 1 - ) 1 - ompt) 1 - ) 1 - 1 - ULC 1 - Subject (File: Limitation on Government Recordkeeping) 1 - OLC Chrono OLC:RJW:es (16 April 1981) Approved For Release 2004/05/05: CIA-RDP84B0089OR000300030034-7