ANALYSIS OF S. 1035

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81-00818R000100010026-5
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
4
Document Creation Date: 
December 16, 2016
Document Release Date: 
February 7, 2005
Sequence Number: 
26
Case Number: 
Content Type: 
REPORT
File: 
AttachmentSize
PDF icon CIA-RDP81-00818R000100010026-5.pdf161.73 KB
Body: 
Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5 Analysis of S.1035, originally for use in briefing Senator Tydings, but not used. It was used to brief Miss Harriet Robnett in Senator Symington's office on 29 August 1967. Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5 Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5 which is totally exempted. The National Security Agency and tha.Caxxiral 5.1035 applies to all executive departments and agencies of the Government with the exception of the Federal Bureau of Investigation, '' o accomplish the broad security requirements of these a;;encies. of the bill but the restrictions on thes,o exemptions make them ineffective Intelligence Agency were granted pa::tial exemptions to certain sections V'aice r orico ox tae par Section 1 (b). The.languago is so broad that the Agency could not The particular sections which create difficulties are. Section 1 (d). As a security agency, it is imperative that CIA have the authority to' aslc e,n~ployees to report on outside activities which, repereuasiona for the security of the Agency.. Examples of this type of although not diroctly,related to Chair eMcial duties, could have serious sponsorship of foreigners fore entrance into the United States. activities are; publications. speeches, contacts with foreigners, and would be imposed on iho Director in granting individual exemptions would Although partial exomption is granted to the Agency, the burden which Section).-. Psychological testing is administered by the Agency's :magical staff and is a very useful aid in screening out unsuitable employees. be substantial. Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5 Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5 Section 1 (f). Polygraph testing is part of an integral program for screening out unsuitable employees. Each year the polygraph interview identifies many cases of sexual deviation which were not uncovered by field investigation. A partial exemption for the use of the polygraph in the proscribed areas has been granted to the Agency, but the burden it would place on the Director is prohibitive. Section 1 (k). Granting an employee the right to counsel prior to interrogation which could lead to disciplinary action is incompatible with Agency functions. If the employee chooses counsel who cannot be granted a security clearance, the Agency is effectively barred from interrogating the employee in any case where security issues are involved. When the interrogation involves a sensitive operation, this could lead to loss of life, or to international incidents. Section 1 (1). Congress has granted the Director of Central Intelligence authority to terminate employees when he deems it in the national interest. This section may qualify that authority and provide new issues on which the authority may be challenged. Together with Section 4 it also impinges on the present exemption of the Agency from any provision of law requiring the publication or disclosure of the organi- sation, functions, names, official titles, salaries, or numbers of personnel employed by the Agency because of the necessity to reveal information of this type in defense of suits brought under the act. Approved For Release 2005/03/24: CIA-RDP81-00818R000100010026-5. ApprQved?For Release 2005/03/24 ; CIA-RDP81-00818R000100010026-5 Section 4. This section permits any employee or applicant who initiate civil action in the courts. The section could create problems in the case of a disgruntled employee, but. more important, it provides those who wish to harass the Agency with a potent weapon. Leftwing elements could seek employment interviews and then allege a violation of this act. A determined group could -entangle the Agency in lawsuits alleges a violation or threatened violation of the provisions of this act to throughout the United States.' Approved For Release 2005/03/24 GIA-RDP81-00818R000100010026-5