DEAR MR. CHAIRMAN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010022-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: July 28, 2000
• Sequence Number: 22
• Publication Date: July 20, 1977
• Content Type: LETTER

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HR-3793 OLC Draft Conmient to Congress
STAf, INTL
20 July 1977
Chief, Review Staff, OP 3383
1006 AMES
OP/EA
5E-58, Hqs.
Concur with the gist of the
memorandum, but find it lacks
cohesion and orderly thought
progression. I've numbered the
paragraphs so you can track my
reactions.
Paragraph 2 states the facts
of the Bill but not the problem
they pose for us or the
Intelligence Community. Paragraph
4 presents reasons why the facts
in the second paragraph pose
problemis...i.e., in conflict with
our National Security Act
authorities for termination without
appeal. (The Bill would permit
CIAers to appeal to the President
and open agency records to the
employee's,-,representative, albeit
such is an Agency employee.) and
should, I think, follow number 2.
The third paragraph has some
gratuitous verbage, necessary to
these things, and I think more
properly would come after the
current number 4.
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Honorable Robert N. C. Nix, Chairman
Committee on Post Office and Civil Service
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
I am writing to offer my views on H.R. 3793. 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 he is under investigation 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 the Agency's views remain unchanged
from those expressed in our letter of 10 March 1976 to the Senate Committee
on Post Office and Civil Service. For the reasons stated below, we continue
to oppose the bill.
We share the concerns expressed by the Civil Service Commission in its
report on this bill and join with the Commission in recommending against
its enactment. In addition, we direct the Committee's attention to the
special provisions for the Central Intelligence Agency, the National Security
Agency, and the Federal Bureau of Investigation included in H.R. 3793. 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.
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t.' Perhaps more than other institutions intelligence organizations, if
they are to be effective, must treat their personnel fairly. In most
instances, the Central Intelligence Agencyts practice and regulations
are fully consistent with the underlying purpose of H.R. 3793. 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. 3793 in light of their unique
missions and certain statutory authorities which have as their purpose the
protection of intelligence sources and methods.
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 Y entzal in
the management of our foreign intelligence efforts. I believe the require-
ments of section 7171(b) and 7172(b) conflict with these authorities and
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would undermine important managerial programs which have as their
purpose the protection of intelligence sources and methods. For these
reasons, we strongly oppose enactment of H.R. 3793.
The Office of Management and Budget has advised there is no objection
to the submission of this report and that enactment of H.R. 3793 would not
be in accord with the program of the President.
Yours sincerely,
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