H.R. 5544

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010016-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 11, 2000
• Sequence Number: 16
• Publication Date: September 1, 1977
• Content Type: MF

Approved For ReleasQ2000/08/30 : CIA-RDP81-003141 OpO6Q9 t9
OGC 77-5606
1 September 1977
MEMORANDUM FOR
FROM
SUBJECT
OGC HAS REVIEWED.
Office of Legislative Counsel
Office of General Counsel
STATINTL
STATINTL
1. You requested that this Office consider a bill, H.R. 5544, currently
before the House of Representatives and to render an opinion as to whether
or not the Agency will be affected by this bill.
2. It should be noted that the operative sections of the bill on page 3,
(Section 2 (a) (2), (b) (1)) are geared to the definition of "agency" set
forth in section 5102(a) (1) of Title 5. Section 5102 defines "agency"
in terms specifically excluding the Central Intelligence Agency. Therefore,
to the extent that the bill would terminate the authority of "agencies," it would
not so terminate authority possessed by CIA, because CIA is not within the
meaning of the term "agency" as used in the bill. Consequently, the group
of agencies which would henceforth be limited to the authorities contained
in Section 5108 (regarding classification of positions of GS-16, GS-17 and
GS-18) and Section 3104 (regarding employment of specially qualified
scientific and professional personnel) will not include the Central Intelligence
Agency. The result, therefore, is that CIA should be at liberty to employ
whatever authority it now has in these areas whether or not the subject
legislation is passed.
3. The first section of the bill dealing with the referral of matters
relating to the civil service to the Committee on Post Office and Civil Service
of the House, may pose some threat to the Agency because the term "Federal
civil service" is apparently broad enough to include the excepted service.
The Agency, of course, is interested in concentrating oversight of all its
affairs within single committees of the respective houses, or possibly a
joint committee, and, therefore, any fragmentation of that oversight should
probably be resisted. However, because the bill makes it clear that in making
Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010016-3
 Approved For Releasa,2000/08/30 : CIA-RDP81-003148600600010016-3-
such a change in the rules the House would be relying upon its plenary power
to change the rules, this part of the bill probably cannot be attacked directly
but rather only through reaching an understanding with our current oversight
committees.
STATINTL
Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010016-3
 ^ CONFIDENTIAL ^ SECRET
k, . ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
L
OLC
5479
DATE
2 September 1977
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
INITIALS
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
1 Director of Personnel
Attached for your considers
5E58 HDQS r SEP 1977
tion is a memo which the
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that 0GC be asked to provide
a legal opinion on lines
4'-8 on page 3 of the bill.
STATINTL
10.
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FORM
3-62
610 usEDITO IOUS NS F-1 SECRET El CONFIDENTIAL ^ SEE ONLY ^ UNCLASSIFIED