LETTER TO SEYMOUR S. BERLIN FROM HARRY B. FISHER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600070021-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 16, 2016
• Document Release Date: December 6, 2004
• Sequence Number: 21
• Publication Date: April 18, 1972
• Content Type: LETTER

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8 APR 1977
Mr. Seymour S. Berlin
Director, Bureau of Executive Manpower
U. S. Civil Service Commission
1900 E Street, N. W.
Washington, D. C. 20415
Dear Seymourt
As suggested by you, I had the enclosure prepared
by a representative of our General Counsel's office. I
realize that you understand why inclusion under the Bill
would impair our existing authorities, but I arn forwarding
the enclosure as drafted.
An a follow-on to our discussion the other day, I
believe it is significant to note that Section Z. (a) (1), which
does exclude us, does not apply to Section 2. (a) (2) (B)
nor to Section 2. (2) (B). Further, Section 3. appears to
be fully applicable to the Agency.
After you have reviewed the enclosure, I would be
interested in hearing from you. It might be desirable to
have your lawyers discuss appropriate language changes
with members of our General Counsel's office.
We appreciate year cooperation and sympathetic
understanding of our problem.
Sincerely,
v~jjjjjhLJ
Marry B. Fisher
rector of Personnel
Enclosure
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ILLEGIB
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H. R. 3807 - Federal Executive Service
1. Although CIA and its employees are specifically excluded from
the proposed Subchapter II, "The Federal Executive Service," other provisions
in the bill impair existing CIA statutory authorities (and impose new require-
ments and restrictions) with respect to employees falling within the pay band
CS-16 to level V of the Executive Schedule.
2. Section 2 (a) (2) (B). This provision conflicts with the Director's
personnel management authority including the statutory authority under Section
102(c) of the National Security Act of 1947 to terminate the employment of any
Agency officer or employee.
a. The meaning, of the term "excepted employee", as used in this
provision is ambiguous, but a reading excluding CIA employees from that
term would be difficult to sustain. Consequently, the provision would appear
to apply to CIA and would require the Agency to either:
(1) enter into an initial employment agreement under 5 USC
3137 which would conflict with the Director's current authorities by:
(a) establishing tenure of office [3137 (b)];
(b) limiting scope and purpose of assignment [(d)(1)];
(c) assuring no reductions in pay [(d)(3)];
(d) limiting reason for separation to "cause as will
promote the efficiency of the service" [(d)(4)]; or
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(2) guarantee no change in tenure or loss of employment and
job protection benefits (while it can be argued that this requirement
does not affect the Agency since Agency employees do not enjoy
tenure or job protection benefits, it can also be argued in context
of the language and philosophy of the bill that job security is inherent
in all. cases where an initial employment agreement is neither offered
nor accepted.)
b. Tied to the above provisions are the appeal rights of section
2(a)(3).: The existence of an appeal mechanism to preserve "rights" may
give credence to the contention in (2) above. Such appeal rights would be in
conflict with current law as it applies to CIA.
3. Section 2(b) . This provision provides the sole pay fixing authority
for incumbents of positions within the pay band GS-16 through 18 who are
neither in the FES or an "agency program" under section 3 of subchapter II.
This exclusive pay authority constitutes a repeal of current Agency authority
to fix such pay.
4. Section 3. This section appears-to be fully applicable to Agency
positions and presents the following serious problems:
a. It would constitute the only authority for continuing a position
within the pay band GS-16 through GS-18 and seeks by general repealer to
repeal conflicting authority such as section 8 of the Central. Intelligence
Agency Act of 1949 (see section 8 attached).
--The language is ambiguous as to whether new positions established
after the effective date of the act are sub'ect to this section. It is
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clearly intended that they be covered.
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b. Section 3(b) imposes a requirement on the Agency for external
reporting to the Civil Service Commission in conflict with existing law
pertaining to the disclosure of information concerning CIA positions
(see section 6, CIA Act of 1949 attached).,
c. Agency employees currently in the pay band GS-16 through GS-18:
(1) either are brought into the Federal Executive Service or into
a similar program established by the Agency pursuant to section
3143 of subchapter II (the extent to which the Agency program would
be subject to outside review and determination and its impact on other
current'A,gency authority is fuzzy, a cause for concern by itself),
or
(2) could continue to hold this position pursuant to section 3
with a requirement on the Agency to report the fact to the Civil
Service Commission. (The authority of section 3 would atrophy
as cux'rent incumbents leave their positions. The sole authority
for establishing new positions and assigning incumbents to them
would be an Agency program modeled after the FES.),
5. Conclusion. In, view of the above, the Agency's existing authorities
would be seriously impaired by -sections 2 and 3, of H. R. 3807 which conflict
with existing provisions of law pertaining to the hiring and firing of CIA
personnel and the disclosure or,publication of information concerning CIA
positions.
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 CIA ACT OF 1949
50 T Suc. 6. In the interests of the security of the foreign intelli-
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performance of the Agency's functions ~ or to the security of its
~.. activities.86
403. Bence activities of the United States and in order further to
implement the proviso of section 403(d)(3) of this title8? that the
Director of Central Intelligence shall be responsible for protecting
intelligence sources and methods from unauthorized disclosure, the
Agency shall be exempted from the provisions of section 654 of
th
i
hi
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l
e
re
requ
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aw w
Title 587 and the provisions of any other
publication or disclos'u're of the organization, functions, names,
official titles, salaries, or numbers of personnel employed by the
Agency: Provided, That in furtherance of this section, the Director
of the Bureau of the Budget shall make no reports to the Congress
in connection with the Agency under section 947(b) of Title 5.88 41
~.. 50 Szc. 7. Whenever the Director, the Attorney General, and
%I4o3on'."' the Commissioner of Immigration shall determine that the entry
family shall be given entry into the United States for permanent
residence without regard to their inadmissibility under the immi-
gration or any other laws and regulations,39 or to the failure to
comply with such laws and regulations pertaining to admissibility:
U.s o A.
4033.
of a particular alien into the United States for permanent residence
is in the interest of national security or essential to the furtherance
of the national intelligence mission, such alien and his immediate
Provided, That the number of aliens and members of their imme=
?diate families entering the United States under the authority of this
section shall in no case exceed one hundred persons in any one
fiscal year.40
APPROPRIATIONS
Ec. 8. (a) Notwithstanding any other provisions of law, sums
made available to the Agency by appropriation or otherwise may be
expended for purposes necessary to carry out its functions,"
including-
(1) personal services, including personal services without regard
to limitations on types of persons to be employed, and rent at the
seat of government and elsewhere; health-service programs as au-
thorized by section 150 [now section 7901] of Title 5;42 rental of
news-reporting services; purchase or rental and operation of photo-
graphic, reproduction, cryptographic, duplication and printing ma-
chines, equipment and devices, and radio-receiving and radio-send-
September 1970
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 ing equipment and devices, ' including telegraph and teletype
equipment; purchase, maintenance, operation, repair, and hire of
passenger motor vehicles, and aircraft, and vessels of all kinds;
subject to policies established by the Director, transportation of
officers and employees of the Agency in Government-owned auto-
motive equipment between their domiciles and places of employ-
ment, where such personnel are engaged in work which makes such
transportation necessary, and transportation in such equipment, to
and from school, of children of Agency personnel who have quarters
for themselves and their families at isolated stations outside the
continental United States where adequate public or private trans-
portation is not available; printing and binding; purchase, mainte-
nance, and cleaning of firearms, including purchase, storage, and
maintenance of ammunition; subject to policies established by the
Director, expenses of travel in connection with, and expenses inci-
dent to attendance at meetings of professional, technical, scientific,
and other similar organizations when such attendance would be
a benefit in the conduct of the work of the Agency; association and
library dues; payment of premiums or costs of surety bonds for
officers or employees without regard to the provisions of section 14
of Title 6;48 payment of claims pursuant to Title 28; acquisition of
necessary land and the clearing of such land; construction of build-
ings and facilities without regard to sections 259 and 2G7 of Title
40;44 repair, rental, operation, and maintenance of buildings, utili-
ties, facilities, and appurtenances; and
(2) supplies, equipment, and personnel and contractual services
otherwise authorized by law and regulations, when approved by the
Director."
(b) The sums made available to the Agency may be expended
without regard to the provisions of law and regulations relating to
the expenditure of Government funds;"' and for objects of a con-
fidential, extraordinary, or emergency nature, such expenditures to
be accounted for solely on the certificate of the Director 47 and
every such certificate shall be deemed a sufficient voucher for the
amount therein certified.48
SEPARABILITY OF PROVISIONS
SEC. 9.49 If any provision of this Act, or the application of
such provision to any person or circumstances, is held, invalid, the
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