DEAR MR. CHAIRMAN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010021-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: July 28, 2000
• Sequence Number: 21
• Publication Date: August 25, 1977
• Content Type: LETTER

OLC 77-3218
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25 AUG'077
Honorable Robert N. C. Nix, Chairman
Committee on Post Office and Civil Service
House of Representatives
Washington, D. C. 20515
Dear Mr. Chairman:
TL%
I am writing to offer my views on H. R. 3793. Under this bill,
an employee being investigated 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 he is under inves-
tigation and has been given up to five days to obtain a representative
of his choice to be present during questioning. This bill is virtually
identical to H. R. 6227, introduced in the last Congress; and, for the
reasons stated below, we continue to oppose this legislation.
We share the concerns raised already by other Government agencies
regarding H. R. 3793. In addition, I would like to draw the Committee's
attention to considerations relating to the bill's potential impact on the
the National Foreign Intelligence Program.
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 author-
ity and, in addition, is required by law to adhere to personnel security
standards and procedures (50 U.S.C. 831 - 835). These statutory
authorities and requirements are considered to be absolutely essential
in the management of our foreign intelligence efforts. I believe the
requirements of section 7171(b) of H.R. 3793, while affording certain
safeguards for investigations of employees of the CIA, the National
Security Agency and the FBI, conflict with these statutory authorities
and would undermine important managerial programs which have as
their purpose the protection of intelligence sources and methods.
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In fulfilling their statutory responsibilities, the Central Intelligence
Agency and the National Security Agency have developed personnel and
security programs which are unique. These programs, which in the
case of the National Security Agency are mandated by law, are designed
to protect both the national security and the rights and privacy of employees.
They also reflect the special responsibility upon these agencies to insure
loyalty, security consciousness, and the personal integrity and stability
of employees. This attitude of trust and confidence is imperative in
identifying and attending to potential problems before serious injury
to the national security occurs. The adversary setting encouraged by
the requirements of H. R. 3793 would undermine this firm basis of
understanding and cooperation which sustains the integrity of an intel-
ligence organization.
Perhaps more than other institutions, intelligence organizations,
if they are to be effective, must treat their personnel fairly. In most
instances, the practices and regulations of the Central Intelligence
Agency and the National Security Agency are fully consistent with the
underlying purpose of H. R.. 3793. However, there are circumstances
in which applying such a blanket statutory requirement to the Government's
intelligence agencies would be inappropriate and inadvisable. Even though
sections 7171(b) and 7172(b), which provide for the employee's representative
to be an employee of the same agency and for the action to be reviewable
only by the President, 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. 3793
in light of their unique missions and statutory authorities .
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..
Yours sincerely,
Distxbution:
Grit"- Addressee
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