S.2525 - PROPOSED INTELLIGENCE CHARTER LEGISLATION - TITLE IV, CIA - REVISION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000300010013-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: November 10, 2003
• Sequence Number: 13
• Publication Date: September 1, 1978
• Content Type: MF

Approved For ReInW'2 PAe i4-RDP85-00988R000300010~13-55_ '-7--1
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OGC 78-5838
1 September 1978
MEMORANDUM FOR : Assistant for Information/DDA
STAT FROM
SUBJECT
S.2525 - Proposed Intelligence Charter
Legislation - Title IV, CIA - Revision
REFERENCE AI/DDA Memo, DDA 78-1050/3, Same Subject,
Dated 25 Aug 1978
1. Thank you for your helpful comments regarding the
Title IV revision. The following paraa .phs respond to
particular concerns expressed in the referenced memorandum.
2. Section 413(f)(5) - This does not grant the Director
of Personnel personnel action authority over O/DNI employees.
These authorities are provided as to the Agency in Section
421(j)(1) and (2) and as to the O/DNI in Section 114(m) and
(n) where they are expressed as powers of the DNI.
3. Section 421(a)(5) - It was intended that Section
422(a) would provide overall, broad procurement authority.
This has satisfied no one and we are requesting the rgstora-
tion of 421 (a) (5) .
4. Section 421(a)(7) - We will propose your suggested
language here.
5. Section
421(b) -
It is bei
ng suggested that
the
reference to DNI and OMB
be deleted
, and it will be
proposed
that the Director of CIA
than the DNI.
be identif
ied in 421(a)(1),
rather
6.. Section 421(h) - Both suggestions seem to be appro-
priate.
7. Section 422 - The whole area of accommodation pro-
curement and how best to explain it to the Congress is under
discussion in OGC.
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curement authority, there would appear to be no real need to
mention ordnance specifically.
9. Section 422(b) - This suggestion seems appropriate
%4 and will be proposed to the SSCI staff.
10. Section 423 - "Proprietary" will be defined else-
where.
11. Section 423(d) - I have requested specific guidance
in the "proprietary" area from of the O01
Division of OGC (copy attached). I suggest that any partic-
ular comments or concerns you may have should be coordinated
through that division.
12. Section 426(a) -1 1 OGC's appropriations
and authorizations expert, does not believe this presents a
problem in light of the specific nature of congressional
authorization of Agency programs.
13. Section 426(c)(3) - We are suggesting this be
deleted.
14. Section 431(b)(1) - This is only a small part of
the entire protection of sources and methods problem, the
best approach to which is the current subject of an Admin-
istration study. Let me suggest, however, that loss of
"usefulness" appears to be an overly amorphous standard for
a criminal statute and may not exist or may be impossible to
prove where there is no accompanying loss of safety.
15. Section 441(a)(1) - While I am not totally familiar
with the background of this problem, it would seem the.OGC
conclusion you state is based on case law in the absence of
clear statutory authority. This provision would appear to
clarify the situation by furnishing specific authority for
the Agency to stipulate by contract as to entitlement to
various benefits. This matter should be discussed with the
OGC component, probably the O&M Division, which has rendered
these opinions in the past.
16. Section 441(a)(3) - This modification will be pro-
posed.
17. Section
graph which would
CIARDS.
I
Att
ke
442 - We are proposing a substitute para-
merely affirm the continued existence of
18. We are proposing an addition to Section 424(2) to
clear the authority to continue to maintain relations
nonintelligence agencies.
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