ANALYSIS OF S. 1035

• Document Type: CREST
• Collection: General CIA Records
• 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
• Content Type: REPORT

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.
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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.
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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.
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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.'
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