LETTER TO HONORABLE GALE W. MCGEE FROM GEORGE BUSH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78M02660R000800040038-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 38
• Content Type: LETTER

Approved FiDERe1E h 2005M12111GE1408QVGMPJU960R000800040038-6
WAS H e NGToN, D.C. 20505
Honorable Gale W. McGee, Chairman
Committee on Post Office and Civil Service
United States Senate
Washington, D.C. 20510
I am writing to offer my views on H.R. 6227, which is pending before
the Senate Post Office and Civil Service Committee. Under this bill, an
employee under investigation for misconduct which could lead to suspension,
removal, or reduction in rank or pay can be questioned only after he has
been advised in writing of the fact that he is under investigation and has
been given up to five days to obtain a representative of his choice to be present
during questioning.
H.R. 6227 includes special provisions for the Central Intelligence Agency,
the National Security Agency, and the Federal Bureau of Investigation. Under
section 7171(b) the representative of an employee in these agencies must
be an employee of the same agency and be approved by the agency for access
to the information involved in the investigation. Moreover, under section
7172(b), employees of these agencies against whom adverse action is taken
in violation of the bill's provisions are entitled to appeal such action to the
President or his designee, whose recommendation would be final.
Perhaps more than other institutions, intelligence organizations, if
they are to be effective, must treat their personnel fairly. In most instances,
the Central Intelligence Agency's practice and regulations are fully con-
sistent with the underlying purpose of H.R. 6227. However, there are
circumstances in which applying such a blanket statutory requirement to
this Agency and other intelligence agencies would be inappropriate and
inadvisable. Even though the provisions of section 7171(b) and 7172(b)
meet some of the special considerations which must apply in the case of our
foreign intelligence agencies, I believe it is essential that these agencies be
fully exempted from H.R. 6227 in light of their unique missions and. certain
statutory authorities which have as their purpose the protection of intelligence
sources and methods.
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The administration of the Central Intelligence Agency is governed by
the National Security Act of 1947 and the Central Intelligence Agency Act
of 1949. The former imposes on the Director of Central Intelligence responsibility
for protecting intelligence sources and methods from unauthorized disclosure
(50 U.S.C. 403). It also grants the Director the discretion to terminate the
employment of any officer or employee of the Agency "whenever he shall
deem such termination necessary or advisable in the interests of the United
States" (50 U . S . C . 403). The Director of the National Security Agency has
similar termination authority (50 U . S . C . 833). These statutory authorities
are considered to be absolutely essential in the management of our foreign
intelligence efforts. I believe the requirements of section 7177. (b) and
7172(b) conflict with these authorities and would, as described in the
enclosure, undermine important managerial programs which have as their
purpose the protection of intelligence sources and methods,
If the Committee favorably considers H.R. 6227, I strongly urge that
the Central Intelligence Agency and the National Security Agency be provided
a full exemption. (Suggested language enclosed.)
The Office of Management and Budget has advised there is no objection
to the submission of this report from the standpoint of the Administration's
program.
Sincerely,
George Bush.
Director
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(1) Strike Section 7171(b) and insert in lieu thereof:
"(b) Nothing in this section shall apply to the Central
Intelligence Agency or the National Security Agency."
(2) Strike the following words from the first sentence of
section 7172(a):
"Except as provided under subsection (b) of this section, ... "
(3) Strike section 7172(b).
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