H. R. 1870, RELATING TO SUSPENSION OF EMPLOYMENT IN THE INTEREST OF NATIONAL SECURITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80R01731R000200010020-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: August 13, 2003
• Sequence Number: 20
• Publication Date: April 14, 1959
• Content Type: MFR

;ti DES ROY
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DOCUMENT rao. n.
VO CHANGE IN CUE ES.
Executive Registly
C3 DECLASSIFIED ~`((
,CLASS- CHANGED TO: TS S C i Lk h'
NEXT REVIEW DATE:
AUTH: HR 70-2
DATE: L290__ /-_.- REVIEWER:
FOR THE RECORD
CT; H. R. 11170, Relating to Suspension of Employment in the
Interest of National Security
REFERENCE: .Memorandum from Legislative Counsel to Acting Director of
Central Intelligence dated 6 April 1939 - Same Subject
1. At a meeting with Charles Johnson, Counsel for the House Post Office
and Civil Service Committee. on 19 )Wfarch 1989# we learned that Chairman
Tom Murray intended to take action on H. R. 1870 the following week.
H. R. 1970. Murray's bill, was written to "correct" the Supreme Court ruling
in the Cale case which hold that nensensitive civilian employees of the Govern-
ment were not subject to dismissal for security reasons under Executive Order
10450 and its authorising statute. It also provides that civilian employees may
be suspended or separated only under one of the following:
a. The Lloyd..LaFolleette Act (separation for cause. i.e.. adrnints-
trative reasonsi);
U. the Veterans' Preference Act; or
c. the provisions of H. R. 1830 (separation in the interest of
national security).
This bill. If enacted. would impair the Director's authority under section 102(c)
of the National Security Act to separate an employee "in the interest of the
Uaited States." substituting the narrower authority of this bill to separate "in the
interest of national security" subject to an appeal to the Civil Service Commission.
2. Referenced memorandum, points out that a letter signed by the Director
requested the rise Post Office and Civil Service Committee to amend
H. R. 1870 so as to preserve the Director's authorities mender section 102(c).
It also describes subsequent developments involving this bill through 6 April.
3. On Wednesday, 8 April. Mr. Charles Johnson called this office"on the
status of our letter on this bill. He was informed that we were still awaiting
clearance of the letter by the Bureau of the Budget. He explained that he
expected Chairman Murray to announce in a Committee meeting e 9 April that
(Ey CL7i
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ar 25 on the identical security b (H. R. 1870
Well as that of the Atomtc s:eeeTJ......,~..
... I ..tie which would oreeuerYe the Direct
=e ll eM 21 ,April. He said he a nd otnes e
` har.day, 9 April, Mr. J+ son called and s lb* staff plauned
:
s9MAWtA4dhftU for the
h
t
e
to &Mees rt. R. l e f u by ~ ,~~ ,~ ?- -._ - tBeE ,a~ebssgaer't seeeGt ons addi> g
Atomic Energy Gomintssionl, I ag F
now section 4 which Wed cover the Atomic Energy con tuioo and CIA
authorities in two separate subsect nS. Another subsection will provide
peal procsdaeris covets din the
the a
f
`
p
rom
Al and NSA
e*ceptions for the p
bill. Job enit requested a citation to the subsection Containing the Director's
rint of thee amended bill
authority and we was given. He said a C hive p
1.9 " ..'ftW4AMA us- HA
nd
s
da
f
y
e -
-
, , _ repro-
Wovad b e, ran = "M A&W
- said that While he did not believe that it ~d be necessary a provision. Tee
hen
i
to have some a from the ^gency slabs* w
he C it. -
r
T
at any mel"mber Wishes to gee
JOHN $. WARNER
Legislative Como*'
Att (/;G /' I rid' 0.1
co. Del wig"
I- DCI W/att
ER W /att
IS w/att
D/Pers W/att
D/S w/att
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i April 1959
*(,o;.ANDUb! !:(R: Actisj Director of Central IatsUt;oscs
T : M. R. 1 *7 0, A slaila~ is buspsasisa of Employe nt in
the bate rest at ttatiosaal tloetarity
I his e,r-tworaeedeen is for iaio,rnsation only.
raa~;nittss on 20 btarek 1"l. This ostler requests that H. R. ti74 tie
Ar+,.snded so as to preseVVS tlao WAIlsority at tbs Director it Central ixstell3 er c e
tat,:' t r s e a ties 102(c) oL tau t adetsel bale assity Act.
3. our letter in* *Isar" with the doaraeau at *s bedpot so as teeter n ? sdl
Wsslae before the Director slpasd It. Subs of to slpeia$ and prior to deliver-1,
to the Cprnenittet, tbs $sr u withdraw Its clearance and requested that tit.
Admr-ie:aams:ic'"
~~p;eney take no foaw al tstvtwo with respect to the Mli mrtil an
,orattion was tally dswlspsd.
4. ' ince that time we have mat Istasd perisdls contact with the 00- e;elu
vic? r o uz:itt*e an this bUl, this Director sinned the &ft"hrd letter 4 *..,
A.. Ii. it. 1670 1. a MU wWcb weld provide rsnUorm asthority tt
i' cal ? of all Govs reua*ut departmteerts axed agencies tsr the sssptnsWa caul',
~a ratio. of ssrplaymistst ed civilian perseasrsl of the United dtatos in thr
r tot of national sos*ritt. FoUowfab cp'anertat#seas between raprt re w a its r<
+rai 't s O: tf ics and u sus be r s of the stall of the Haase Pest t7ttice and _ i v i r
j e,iug. this se tatur"te. Today we were advt"4 that Mt. blip 4"
on this bill for the Bateau. A anurnber of other d.psrtssoarts haws ewa+ e
a`ajtctions to the 1411 as it relates to Thteeir particular prohtistas. We "'we tee
4a?ars;.p by the Tiaresas that our interests are in their swiods and that ever c.t a
will be made to protect them as well as tbess at other doparimsats, .I b.4
Bureau is attaurpttat $ to wily kill say sctiea an the bill in the Cctr ;r is re.
S. While so astiota to required at We time, I an calling your atte)tt T'
then matter in the oweut action by you beitowes asstisary. We shall centt th
4a.iatain close aeoubmt with the
?a i etant Director f*t LoslSiatitsa kats reence, is parspaally haseil .: ea 3c r t ,
st John S. Warner
JO M 9 VIA* 1
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MEL)RANDUM FOR: THE DIRECTOR
Attached is a copy of the previous
memorandum to the Acting Director on H. R.
1870 and a supplemental memorandum of 14
April. In essence what has happened is that
through discussions, with the Committee staff
they agreed to the desirability of exempting
CIA but requested written notice. This was
prepared and you signed it. However, after
informal clearance of that letter, the Bureau
of the Budget has asked that it be held pending
further determination of an Administration
position on the ever-all bill. Not wishing to
be caught in the middle on this, we have
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MEMORANDUM FOR: THI's DIRECTOR
continued "informal" work with the Committee
staff to the point where a revised bill will be
printed within the next few days including
appropriate language to exempt CIA. If as
indicated in the meantime the Committee
actually wishes a representative of CIA to be
present when the bill is discussed, we will
then advise the Bureau of the budget of our
dilemma with the hops that they can only agree
that we must be available to comment on the
technical aspects of the exempting language.
For your information, we are hiving the
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MEP-ORANOUM FORT. DIRECTOR.
Committee Chief Counsel and the Counsel
for lunch at the Agency this R'riday with
General Cabell presiding to give therm an
appropriate, background briefing.
JOHN S. WARNER
Legislative Counsel
14 April 1959
(DATE)
MAY FORM
FORM GN 54 lol WHICH RELACES
i AU
BE USED.
(47)
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