LETTER TO MR. F. T. DAVIS, JR.(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A002100060024-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 15, 2016
• Document Release Date: February 18, 2004
• Sequence Number: 24
• Publication Date: September 22, 1977
• Content Type: LETTER

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Mr. F. T. Davis, Jr. , Director
General Government Division
Office of Management and Budget
Executive Office of the President
Washington, D.C. 20503
22 September 1977
This is in response to your letters of 8 September 1977 to the Director
of Central Intelligence and Mr. Anthony A. Lapham, General Counsel,
Central Intelligence Agency, concerning the President's Reorganization
Project study of the system for providing legal advice and representation in
the Executive Branch of Government. As I informed Mr. Christopher Davis
in our phone conversation of 20 September, I have been designated as
Mr. Lapham's representative for liaison with your study effort. I can be
reached at
In some respects, the legal representation problems of concern in
this study effort do not impact upon the Director of Central Intelligence or
the Central Intelligence Agency: For example, we have no regulatory
functions or independent. litigation authority. Hence, we have no attorneys
in field or regional offices to pursue litigation in conflict with Department
of Justice policy or the views-of United States attorneys. On the other
hand, we have the usual or perhaps even greater volume of Freedom of
Information Act and other litigation common to most federal agencies,
although the nature of our functions often makes the issues involved far
from common and thus difficult to resolve.
At this point, I am unsure of the extent to which we will be able to
contribute to the study. However, I have asked our senior officials and
attorneys to give me their thoughts and can assure you that we are looking
forward to participating in this effort and will do all that we can to support
its objectives.
Sincerely,
STAT
Sneclal Assistant to the General Counsel n\..UTIO
, Exec. Sektr.' a`
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OGC 77-6080
23 September 1977
:D
Special Assistant to the General Counsel
SUBJECT President's Reorganization Project Study of Legal
Representation Within the Executive Branch
1. The subject study was directed by the President on 25 August 1977.
The President's memorandum of that date to the heads of executive depart-
ments and agencies outlines the purposes and objectives of the study (TAB A).
Mr. F. T. Davis, Jr., Director,, General Government Division, OMB, has
written the Director and the General Counsel to inform them about the study
(TAB B) and has requested the latter's assistance and participation.
2. Tony Lapham has asked me to take this on for him. I have already
advised Mr. Davis that in some respects the problems to be studied, (see
page 2, TAB A), do not involve the Director of Central Intelligence or CIA.
On the other hand, I think we have a contribution to make in support of
objective number. 2 (page 2, TAB A) and therefore request that you advise
me of the nature and frequency of contacts you and your components have
with,U.S. attorneys, components of the Department of Justice (DOJ) and
the legal staffs of other departments and agencies. In addition, your thoughts,
comments, or observations on how legal representation is or should be
structured within the Executive Branch would be helpful. For example,
should CIA (and other agencies) play a greater role in Freedom of Information
Act and, other litigation? In your opinion, should we rely more or less upon
DOJ for advice and assistance? Should Agency attorneys be detailed to DOJ?
Vice versa?
3. A response by 30 September would be appreciated.
STAT
o'r;X. '. N~. Rit7IS d c1Y FIL E
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FOR IMMEDIATE RELEASE
Office of the White House Press Secretary
---------------------------------------------
THE WHITE HOUSE
MEMORANDUM FOR THE HEADS OF
EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Examination of the Federal Government's Legal
Representation System
I have directed my Reorganization Project Staff at the
Office of Management and Budget to review the Federal
government's system for providing legal advice and
representation to its departments, agencies, and
regulatory commissions.
This study is designed to improve the way governmental
units use the legal resources at their disposal, which
include their own legal offices and the services of the
Department of Justice, including United States Attorneys.
Better use of these resources should help prevent unneces-
sary litigation and administrative delay by enabling the
Federal government to do a better job of complying with
its own rules and regulations.
A second objective will be to improve the way litigation
is conducted in order to ensure better and more uniform
application of the law.
This study will rely heavily on the advice and counsel
of the Congress, Federal departments, agencies, and
regulatory commissions, State and local officials,
private organizations and the public.
I consider the effective use of legal resources to be a
vital part of my Administration's effort to improve the
performance of the Federal government; accordingly, I
ask foryouur cooperation in providing staff assistance
and other resources to assure the success of this review.
In order to inform all interested parties that this study
is underway, I have directed that this memorandum be
published in the Federal Register.
JIMMY CARTER
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Problems
The Justice Department at one time carried on all litigation for
the federal government. Increasingly in recent years departments
and agencies have been given their._pwri'litigating capability.
Today at least 21 separate units conduct some or all of their
own litigation.
The growing friction between the Department of Justice and the
other units of the federal government over litigation
responsibilities is a symptom of several problems:
1. Lack of Coordination ih Legal Action
This lead?'to the establishment of precedents at
odds with government-wide policy positions and to
nonuniform application of the law.
A recent Justice Department' study reveals:there is,
also inconsistent priorities for criminal prosecution
among the District's.
2. Misallocation of Resources
There are some 27 departments, agencies, and regulatory
commissions which now employ about 10,000 attorneys in
federal regional offices around the country. Their -
relationship to the 94.U.S. Attorney offices has never
been adequately studied to determine how improved
coordination and cooperation can be achieved among.:
these important offices.
3. Lack of Coordination in Policy-making
Poor coordination among'?agency policy-makers. sometimes
leads to unnecessary litigation.
Objectives ? . _
A Reorganization Project study group, drawn from concerned
departments and agencies, will undertake the fQllowing actions:
1. Survey all federal units: with litigation responsibility,
examining the source and scope of their authority, their
actual operations, and their interrelationships with
other units.
2. Determine the current use of legal counseling services
provided by the legal staffs. of departments and agencies
and by the Department- of..Justice, including its U.S.
Attorneys.
3. Present the issues to representatives of the Attorney
General, department and agency General Counsels, and
the U.S. Attorneys. This group will help to develop
and test new approaches to improved coordination and
communication.
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PROJECT WASHINGTON, D.C. 20503
September 8, 1977
Admiral Stansfield Turner, USN
Director of Central Intelligence
Washington, D.C. 20505
Dear Admiral Turner:
On August 25, President Carter authorized a study of the Federal government's
system for providing legal advice and representation to its departments, agencies
and regulatory commissions. This study will be conducted by the President's
Reorganization Project within the Office of Management and Budget. The study
staff will be composed primarily of detailees from agencies and departments.
While most of this study's working level contacts will be with representatives of
agencies' legal staffs, I want to take this opportunity to seek your advice and
cooperation directly. The project is anxious to have the thoughtful suggestions of
both executives utilizing Federal legal representation and the lawyers providing
the representation. Accordingly, I have enclosed copies of the President's
memorandum concerning this study and my recent letter to your General Counsel
or Solicitor. Should you have any comments and suggestions now or as the study
proceeds, I would appreciate hearing from you.
With the assistance of a representative of your legal staff, we will keep you
informed about the study's progress and its deliberations. In this way, I
anticipate all parties can best be informed about this reorganization initiative.
If you have any questions or if I can be of any assistance, please do not hesitate
to call me at 395-4962. If I am unavailable, please ask for Judith Areen, the
Project Director, or Christopher Davis, the Project Staff Director.
I look forward to your comments and working with you and your staff.
Sincerely,
F. T. Davis, Jr.
Director
General Government Division.
Enclosure a 1 :..
EXECUTIVE OFFICE OF THE PRESIDENT- OFFICE OF MANAGEMENT AND BUDGET
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WASHINGTON, D.C. 20503
Mr. Anthony A. Lapham
Office of the General Counsel
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Lapham:
On August 15, 1977, President Carter directed the Reorgani-
zation Project in OMB to study the Federal Government's
system for providing legal counseling and representation
to its department, agencies, and regulatory commissions.
The review will focus on the Department of Justice (includ-
ing the U.S. Attorneys), the various offices of General
Counsel, and legal field staffs.
I would like to take this opportunity to seek your advice
and counsel not only as we start this important project,
but at any stage along the way. If at any time you think
we are missing critical points or information important to
our deliberations, I would appreciate your letting me know.
In particular, I am requesting your suggestions on how the
government's legal system could be more effectively struc-
tured. There are certain areas of interest which have al-
ready been identified:
(1) Procedures to permit more effective use of
the legal counseling services of department
and agency legal staffs and of the Justice
Department to speed compliance with new
regulations and court decisions and to avoid
unnecessary litigation;
(2) Distribution of litigation responsibility
between the Department of Justice and other
departments, agencies, and regulatory
commissions;
(3) Procedures for developing and administering
civil and criminal litigation priorities;
" L,
2-1,2-27
EXECUTIVE OFFICE OF THE PRESIDENT. OFFICE OF MANAGEMENT AND BUDGET
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(4) Mechanisms for resolving disputes among departments
and units that otherwise may result in unnecessary
litigation.
We would like to have your comments on these areas as well
as other areas which should be examined in the study.
We are forming a task force to be composed of representative
General Counsels and Departmental Solicitors, representatives
of the Department of Justice and Policy . officials. I would
appreciate your designating someone within your office to
serve as your liaison with our study effort. Your response
by September 15, 1977, will permit me to have the benefit of
your thoughts during development of the project work plan.
If you have any questions or if I can be of any assistance,
please do not hestitate to call me at (202) 395-4962
(IDS 103). If I am unavailable, please ask for Judy Areen,
the Project Director, or Christopher Davis, the Project
Staff Director.
Sincerely,
F. T. Davis, Jr.
Director
General Government Division
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, Q.C. 20505
Mr. F. T. Davis, Jr. , Director
General Government Division
Office of Management and Budget
Executive Office of the President
Washington, D.C. 20503
OGC 77-6064
22 September 1977
This is in response to your letters of 8 September 1977 to the Director
of Central Intelligence and Mr. Anthony A. Lapham, General Counsel,
Central Intelligence Agency, concerning the President's Reorganization
Project study of the system for providing legal advice and representation in
the Executive Branch of Government. As I informed Mr. Christopher Davis
in our phone conversation of 20 September, I have been designated as
Mr. Lapham's representative for liaison with your study effort. I can be
In some respects, the legal representation problems of concern in
this study effort do not impact upon the Director of Central Intelligence or
the Central Intelligence Agency. For example, we have no regulatory
functions or independent. litigation authority. Hence, we have no attorneys
in field or regional offices to pursue litigation in conflict with Department
of Justice policy or the views of United States attorneys. On the other
hand, we have the usual or perhaps even greater volume of Freedom of
Information Act and other litigation common to most federal agencies,
although the nature of our functions often makes the issues involved far
from common and thus difficult to resolve.
At this point, I am unsure of the extent to which we will be a e. to
contribute to the study. However, I have asked our senior officials and
attorneys to give me their thoughts and can assure you that we are looking
forward to participating in this effort and will do all that we can to support
its objectives.
Sincerely,
Speci'a ssistaint to the General Counsel O-UTIQ
cc: DCI Q }.
Exec: Secrty
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EXECUTIVE SECRETARIAT
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