LETTER TO JAMES M. FREY (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200290013-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 13
• Publication Date: May 8, 1984
• Content Type: LETTER

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Cariral k td gFmm Agncy
OLL #84-1841
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
This is in response to your request for the views of the
Director of Central Intelligence on the Department of Commerce
report on H.R. 5155, the "Land Remote Sensing Commercialization
Act of 1984." On behalf of the Intelligence Community, the
Director objects to the Commerce report unless it is modified
consistent with the comments provided below.
At the outset, we note that the Commerce report is
addressed to the Chairman of the relevant House Subcommittee.
As H.R. 5155 has already passed the House, we believe that the
letter should be addressed to Senator Gorton, the Chairman of
the Subcommittee on Science, Technology and Space of the Senate
Committee on Commerce, Science and Transportation.
Concerning the substance of the Commerce report, we believe
that the report should seek clarification of the definition of
"nondiscriminatory basis" to ensure that this term is
interpreted in accordance with section 606. In this regard,
section 104(3)(A) should be modified by adding the following
new sentence: "Preferences or special arrangements that are
required by the conditions established pursuant to section 606
to meet the national security concerns or the international
obligations of the United States shall be deemed
non-discriminatory."
We disagree with the position taken by Commerce on page 5
of their letter that section 302(b)(6) be deleted. This
section prohibits any contract provision that requires a
guaranteed data purchase by the Federal Government. Both of
the other Landsat commercialization bills, H.R. 4836 and S.
2292, contain a similar provision. We don't believe that the
utility of deleting this provision has been demonstrated or
that it is wise policy to take such action without an
assessment of the impact on user agencies. Consequently, we
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strongly recommend the retention of the H.R. 5155 prohibition
against any guaranteed data purchase.
Finally, we note that the technical comments attached to
the Commerce letter correlate with S. 2292 and not with
H.R. 5155. We would nonetheless object to the provision of
these comments on S. 2292 as the definitive Administration
position on that bill unless our comments on S. 2292, contained
in a letter previously submitted to your office on 16 March
1984, are incorporated. A copy of our previous comments are
enclosed for your convenience.
We appreciate very much the opportunity to review the
Commerce letter.
Sincerely,
Deputy Director, Office of Legislative Liaison
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16 MAR 1984
Mr. James N. prey
_-----.----&r.s,istant DiT,Ctor__JasLegislative-reference
Office of management and budget
Washington, D.C. 20503
STAT
Dear Mr. Frey:
Enclosed at Tab A is a letter to Representative James B.'
Scheuer, Chairman, Subcommittee on Natural Resources,
Agriculture Research and Environment, providing the views of
the Central Intelligence Agency on B.R. 4836, the 'Land
Remote-Sensing Commercialisation Act of 1984.' Your advice is
requested whether there is any objection to the submission of
this letter from the standpoint of the President's program.
Also enclosed at Tab B is a letter to Senator Slade Gorton,
Chairman, Subcommittee on Science, Technology and Space,
providing the views of the Central Intelligence Agency on
S. 2292, the companion bill to H.R. 4836, the 'Land Remote
Sensing Satellite Communications Act of 1984.' Again, your
advice
requested thisletterefrometheistandpointcofotheo the
submission President's program.
If I can provide additional information to expedite
clearances of ?h? Inencv s resvonses, please do not hesitate to
contact me or
Sincerely,
/s/ Ci d'- F. George
Clair E. George
Director, Office of Legislative Liaison
Enclosures
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W0kVMtkCXM
--The-Honotable 'James -R. -Sctbeuer--
Chairman
Subcommittee on Natural Resources,
Agriculture Research and Environment
Committee on Science and Technology
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman: Central I On behalf of the Dtrfor?thefcomments ofttbeiDepartmentoofd
like to express suppo
Defense (DOD) on H.R. 4836, the "Land Remote-Sensing
We support those DOD comments
Commercialization Act of 1964."
that propose changes to this bill to ensure that the DOD and
the Department of State
national securityoandyinternational legal
conditions s concerning
obligations, respectively. A list of the pertinent DOD
suggested changes is enclosed.
The office of Management is
no objection to the submission
standpoint of the Administration's program.
I appreciate the opportunity to comment on this matter.
Sincerely,
Clair E. George
Director, Office of Legislative Liaison
Enclosure
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Section 104, pare 3(A). Add the following sentence:
"Preferences or special arrangements that are required by
the conditions established pursuant to section 606 to meet
the national security concerns or the international
obligations of the United States shall be deemed
non-discriminatory."
Delete 402(b)(1. Substitute the following:
"The system shall be operated in compliance with the
the
conditions tpursuant
and n national section
security to
concerns of
international obligations the United States."
Section 403(d . Before "international" add "conditions
esta shed pursuant to section 606 to meet the"...
Section 606.
606(a). Add the following sentence:
The Secretary of Defense shall determine those conditions
necessary to impose on any system operator to meet national
security concerns of the United States.
606(b)(1 . Add the following sentence:
The Secretary of State shall determine those conditions
necessary to impose on any system operator to meet
international obligations of the United States.
606(c)(1). Delete entire paragraph.
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 Adfl~
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frtnn
Chairman
Subcommittee on Science, Technology and Space
Committee on Commerce, Science and Transportation
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
On behalf of the Director of Central Intelligence, I would
like to provide you with our comments on S. 2292, the 'Land
Remote Sensing Satellite Communications Act of 1984."
As you know, hearings have been held on a companion to
S. 2292 in the House, B.R. 4836. In the course of these
hearings, the Department of Defense (DOD) proposed important
changes to B.R. 4836 that would ensure that DOD and the
Department of State retain the authority to establish
conditions concerning national security and international legal
obligations, respectively.
I believe that. amendments similar to those DOD changes to
B.R. 4836 should be made to S. 2292. Consequently, I recommend
that the enclosed list of amendments be made to S. 2292.
The Office of Management and Budget advises that there is
no objection to the submission of this report from the
standpoint of the Administration's program.
I appreciate the opportunity to comment on this bill.
Sincerely,
Clair E. George
Director, Office of Legislative Liaison
Enclosure
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Section 103 (2)
Add at the end of 103(2), after subsection (C), the following
sentence:
Preferences or special arrangements that are required by
the conditions established pursuant to section 606 to meet
the national security concerns or the international
bb11g"aTi~ ns of eU-ite-a-Sta-tte-sha11 -be aeemea-toT-e_-
non-discriminatory.
Section 402
402(b). Add a new subsection (6):
(6) the entity seeking to obtain the license agrees
to comply with the conditions established pursuant to
section 606 to meet national security concerns and
international obligations of the United States.
402(c)(1). After "agencies" add the following:
"and consistent with the conditions developed under
section 606,"...
Section 606
606(a). Add the following at the end:
The Secretary of Defense shall determine those conditions
which are necessary to impose on any system operator to
meet the national security concerns of the United States.
606(b). Add the following at the end:
The Secretary of State shall determine those conditions
which are necessary to impose on any system operator to
meet the international obligations of the United States.
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