DEAR MR. ROGERS:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A000100260054-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: April 14, 2000
• Sequence Number: 54
• Publication Date: August 21, 1954
• Content Type: LETTER

Copy of
Let. to:
Mr. Roger W. Jones
Bureau of the Budget
Washington 25, D. C.
Dear Mr. Rogers:
Aug. 21 1951
Reference is made to your request dated August 18, 1951,
for the views of this Agency on S. 2308, an enrolled bill to
authorize and direct the investigation by the Attorney General
of certain offenses.
This legislation presents a serious security problem for
the Central Intelligence Agency, unless the interested Departments
and Agencies are in complete agreement as to its interpretation and
application. The problem arises from an apparent conflict in the
assignment of responsibilities in the Executive Branch of the Govern-
ment. S. 2308 assigns responsibility to the Attorney General for
investigation of all violations of Title 18 U.S.Code, involving
Government officers and employees, and requires report of any
information, allegation, or complaint relating to such violations
received by any Agency or Department to the Attorney General, unless
he otherwise directs or unless the responsibility for investigation
thereof is specifically otherwise assigned by law,
The Director of Central Intelligence is responsible, under
Section 102(d)(3) of the National Security Act, for protecting intel-
ligence sources and methods from unauthorized disclosure.
There is no objection to investigation by the Attorney General
or the Federal Bureau of Investigation of violations of Title 18 by
Central Intelligence Agency officers or employees where sensitive
intelligence operations or information are not involved. However,
where such a violation, or a complaint or allegation with respect
thereto, arises in connection with highly confidential matters in
the field of foreign intelligence, any investigation must be con-
ducted in a manner which will not disrupt the activity or reveal
confidential intelligence sources and methods. In our opinion,
/0Y
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this requires that investigations of this nature must be conducted
by or at the direction of the Director of Central Intelligence.
This is not made clear in the enrolled bill before us, but we believe
the intent of the Congress in this respect was made clear in Section 7
of the Central Intelligence Agency Act of 1919 (63 Stat. 209). This
section states that in the interests of the security of the foreign
intelligence activities of the United States and in order to imple-
ment the Director's statutory responsibility for protecting intelli-
gence sources and methods from unauthorized disclosure, the Agency
shall be exempted from the provisions of any law which requires the
publication or disclosure of the organization, functions, names,
official titles, salaries, or numbers of personnel employed by the
Agency.
We have, moreover, discussed this problem with the Attorney
General's office, and it is our understanding that the Department
of Justice is in agreement that where the violation or complaint
involves confidential matters relating to foreign intelligence
activities, the investigation thereof will be conducted by or at
the direction of the Director of Central Intelligence, with such
subsequent referral to or liaison with the Department of Justice as
the results of his investigation may indicate. We are satisfied with
this understanding and, baste on it, we interpose no objection to the
bill as now worded.
If our understanding is in any way in error, we would be com-
pelled to object on the ground that any other interpretation would be
adverse to the National interest. We are forwarding a copy of this
letter to the Attorney General for his information.
Sincerely,
C. P. Cabell
Lieutenant General, USAF
Acting Director
cc: Inspector General
Director of Security
Deputy Director (Plans)
OGC:LRH:mrp (20 August 1954)
Distribution:
1 - Acting Director
1 - Executive Registry
1 - OGC Chrono
1 - OGC Subject /
1 - DD/A Chronoe-"
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