LETTER TO HONORABLE CHARLES L. SCHULTZE FROM L. NIEDERLEHNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700130034-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: August 7, 2006
• Sequence Number: 34
• Publication Date: March 12, 1966
• Content Type: LETTER

Approved For Release 2006/08/09: CIA-RDP75B00380R000700130034-8
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON 25, D. C.
12 March 1966
Honorable Charles L. Schultze
Director, Bureau of the Budget
Washington, D. C. 20503
Reference is made to the request for the views of the Department of
Defense on a draft bill, "To amend the Central Intelligence Agency
Act of 1949, as amended, and for other purposes."
The purpose of the proposal is to provide for technical amendments
to statutory authorities pertaining to the CIA, to liberalize certain
existing provisions, and to make additional provisions relating to
employment conditions for civilian personnel. A number of these
provisions would parallel those currently authorized for foreign
service personnel; others relate to the peculiar circumstances of
employment of CIA personnel.
Subject to the following comments, the Department of Defense inter-
poses no objections to the enactment of this legislative proposal:
1. Sections 1(6)(g) would entitle persons assigned to duty
with the CIA from another Government agency "for a specific period
of time agreed upon by both agencies" to reemployment rights similar
to those authorized by section 528 of the Foreign Service Act and
section 625(b) of the Act for International Development of 1961.
The Department of Defense would have no objection to this provision,
provided it is clearly understood that approval for such reemployment
rights must be obtained from the releasing agency prior to the trans-
fer and that they will apply only in the case of career or career
conditional employees, or employees serving in excepted positions
without a specific time limitation. Also, some outside limits
(such as 30 months) should be placed,upon the duration of service
with CIA if reemployment rights are to be retained. Further, there
should be a requirement for certification by CIA as to satisfactory
performance of service with that Agency to qualify an employee
exercising reemployment rights to receive within-grade salary
advancements and other salary adjustments to which he would have
been entitled if he had remained in his previous position.
C} I/C J
ON FILE OSD RELEASE INSTRUCTIONS APPLY
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Also, since the statutory limitation in 10 U. S. C. 2734 is two years,
it may be desirable to include a similar provision in this bill,
rather than one year.
2. In lines 6 and 7 of section 1(6)(h) the words "where such
claim arises abroad" could be interpreted to apply to Territories,
Commonwealths, or possessions. Since it may not be the intent of
the drafters to have this result, it is suggested that the language
"where the damage, loss, personal injury, or death occurs outside
the United States or the Territories, Commonwealths,'or possessions"
be considered as a substitute for "where such claim arises abroad."
3. Section 2(3)(a) of the bill would permit a reemployed CIA
annuitant to receive the salary of his position plus so much of his
annuity as would equal his CIA salary at the time of his retirement.
Currently, such reemployed annuitants receive the same treatment as
Civil Service retirees, with the amount of their annuities being
deducted from their salaries. Section 2(3)(a) would therefore place
CIA retirees in a preferred category. Also, there are large numbers
of employees under the Civil Service Retirement System who may retire
under the same conditions as CIA employees, and the proposed language
would be even more inequitable as to these employees. It is sug-
gested that consideration be given to eliminating section 2(3)(a)
from the bill.
In addition to the above comments, it is suggested that the following
technical changes be incorporated in the proposed bill.
a.
Page 1, line 4.
Change "403(a)" to "403a"
b.
Page 4, line 10.
Change "subsections" to "subparagraphs"
c.
Page 4, line 11.
Change "paragraphs" to "subparagraphs"
d.
Page 5, lines 1 and 2. Delete "60 Stat. 808;"
e. Page 9, line 2. Delete "50 U.S.C. 403(d) et seq.", which
was the original section 4 of the Central Intelligence Agency Act of
1949, as amended; that section was repealed by section 21(b)(2) of
Public Law 85-507. Substitute "section 4 et seq. of this Act".
(Former original section 5 of reference Act was redesignated section
4 (sec. 21(b)(2) of Public Law 85-507).)
f. Page 11, line 18. Section 273 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees has no subsection
(c) (78 Stat. 1043).
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The conditions relied upon by CIA to support certain portions of this
legislation are considered to be generally applicable to certain
employees of the National Security Agency. This Department is study-
ing this matter and, if found to be justified, ;gill recommend such
legislation as may be necessary to meet NSA requirements.
Sincerely,
L. Niederlehner
Acting General Counsel
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