LETTER TO MR. JAMES M. FREY FROM GEORGE L. CARY LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001200010022-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: August 4, 2006
• Sequence Number: 22
• Publication Date: August 24, 1976
• Content Type: LETTER

OLC 76-2272/a
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
2 4 AUG' 1976
This is in response to your request for our comments on the
Department of State's draft proposal, "To further amend the Foreign
Service Act of 1946 to improve the effectiveness of the Foreign Service
inspection program, and for other purposes. "
The Central Intelligence Agency certainly has no objection to any
proposal designed to improve the Foreign Service inspection program.
We are concerned, however, with the specific reference to Section 12 of
P . L . 93-475. The "Explanation" attached to the draft proposal describes
this reference as "signalling an increased emphasis i"n the inspection
function on interagency coordination" and opines that such increased
emphasis is "in keeping" with Section 12 of P . L . 93-475. The Central
Intelligence Agency believes that it may be inappropriate to charge Foreign
Service inspectors with responsibility for monitoring interagency coordina-
tion under Section 12.
Section 12 of P.L. 93-475 amended the Act of 1 August 1956 to provide,
in part, that:
"Under the direction of the Presidents
..the United States Ambassador to a foreign country
shall have full responsibility for the direction, coordina-
tion, and supervision of all United States Government
officers and employees in that country....
This provision originated in the Senate, and the Senate report indicates
that it derived from, and was intended to be consistent with, President
Nixon's 16 December 1969 letter and President Kennedy's 29 May 1961
letter concerning ambassadorial responsibilities. The central theme of
these letters was that, while the ambassador had the responsibility and
authority for U.S. Government actions abroad, there were certain aspects
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roved in conference _ta en;Mrqj
t. this _7 ca to_ bq4ance of interests
FR'93 ~- 4 7 q t rue, someti e _ a, case-by-case basis. . The.provisions
of
the -one h a~f' stca7y responsibilities under
Nom- - o -1947 and the Central Intelligence Agency Act
The ambassador, as a direct representative of the. President,. should have
an unimpaired channel for resolving. such matters
In light of the necessity for consultation in Washington between. the
Secretary of State and the Director of Central Intelligence over certain
matters, and the need for flexibility and ultimate direction from the ;..
of intelligence operations in which he did not necessarily have to involve
himself and where differences of opinion arose, the. ultimate decision would
be made in Washington after consultation between the Director of Central
Intelligence and the Secretary of State. Winder the direction of
sident" in_]I'.. 3 '?pert h
_of Representatives
President, we believe that it would be inappropriate to task Foreign Service
field inspectors to monitor interagency coordination under this law.
Sincerely,
SIGRED:
George L. Cary
Legislative Counsel
'Distribution:
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