LETTER TO HONORABLE DAVID N. HENDERSON FROM DAVID M. ABSHIRE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100040006-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: March 1, 2005
• Sequence Number: 6
• Publication Date: July 1, 1970
• Content Type: LETTER

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;~ -/--- zC-)
Honorable David N. go rs?n
Chats , Subco ttee an er r
and Civil Service of t h e C o m m i t t e e
on Post Office and Civil Service
How of Representatives
is6ningt , D. C. 20515
stated purpose of S 782 !ever, our review of the bill's
provisions has led us to conclude that sectLaas 4, 5, 6 and
7 of the bill should be amended in t manner discussed
below, and that if the bill is favorabiy considered by your
Subcommittee it should be accompanied by a legislative history
which re ov s the possibility of various subparagraphs of
section I being interpreted in a manner that would is air the
Departeeent'# ability to maintain its present high standards
of personnel security and employee conduct. Our detailed cook-
meats on these matters appear below.
The Departmeat also believes that,, because the provisions of
section i(s) and (f), among others, are of interest to ae rs
of the United States intelligence herd other than those
agencies presently mentioned in sections 6 and 7, the Sub-
committee should ensure in the legislation that all the members
o your request to the Secretar
of s
y
tate
1970, for the views of the De
p er t of state
on 5. 782, a bill "To protect the civiliaa
esieouti branch of the United S s over n oyees
the e the
t of their c-ongtittutio=1 rights and to prevent un-
warranted governmats j invasions of their privacy . "
As Previously stated in its report on S. 10359 a similar bill
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tiona
1(k), 6, and 7,
Load in section 1 of S. 782
tion to be free from some of the
nvisions in these sections not extend to
e agencies which share this need. The Department
therefore, urges that the e tip in sections
1.(1), 6, and 7 be, extended to all members of the Intelligence
i a
btill
susantvey to accompish two objectives:
of the Gard to provide by regulations
prohibitions contained in secti : (s),.
d with responsibility to prof
tat apply to such o"I interrogation of
applicants and employees as is reasonably relevant and c-
r qualifications to obtain n
ty clearance under the standards entn-
Order leis as awaeaded# and to authorize
gancy head, or his desigmes to approve psychological
and polygraph tests on an individual basis as r uired by
the national securi ty .
50, section
as other members o
tigationa conducted pur..
Li designed to de-
with the interests of the national
as to whether the employment
On in eaploya t in t 7edera service
son being investigated is clearly
security. Such information shall relate, but
shall not be United, to the ?ollo :
on the relation of
the national security:
behavior
cti tend to sb
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i
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t of applicants and a as
Depart t believes the
AM . . . sa3ma&'
or f i6l irresponsibility.
have that the individual
Any facts which fob rt"OU
c ion, itll'
Pressure which s cause his to act
tetra to p the best interests of
the national e!curity..'#
In ashy situations these r*quiremate can better be not by
discreetly % tiouLng an applicamt or aaplo s than by
investigation involving ';
Ismors, friends and a Its .iates,.
'3 ( and (L) should be dif d.
4 of t bill would provide a rawdy directly against
- -
fiuar for to an or applicants who
*Wivmd by the violation or
flies d# of their
that th* -sa should
odic lly< -rossed co ern
protection curz tl
rs by the offLtcial *eta _. - n ii
, the courts have consistently
rmpized to rempand personally
sets within the gawral scope
The Justification this doctrine
is not
that personal liability
of allt but t alit resoles, or
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on 4 should be deleted
ly lies that any amwta,
or foes who are in fact doused by
ct which violates section 1, should
t, as under the Federal Tort
i t an C V107".
cb would be est rbl feted by actin '15 -
Iso opposed to
Io--emgployeer rsl*ti
a board is pessary and that the s i
Program requires ultiase
durs for the pr* ntion o
privacy by ov+erly-.-sie o
, Lt th* board to be created by section 3 is
necessary, it should be available only if internal proce&jrss
09b4 12
For first of s t: board should have power to
an
sha rd not be subject to board..i osed
_pens--
of
7 to violations of the act by a
io. , and not to violation
An applicant who has be&n denied
ee L Oyee wbom suspected of b?
ly be inclined to "sort jzrouudl&ma
his rejection. The Wit of such char"
_
e lees from diligently performs their
The possible risk of harm to an applicant fre an
Lou i does not grant this
groundless charge
.n section 1.,, which are die
interpret:ations that are not
to protect the interests of employees and a ni L ..
al procedures. r Department believes.
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these prisions should be accred by a clear
ory that precludes these interpretations.
vably could be iatarpr.ted to prohi :
i notice of the atte by an
held by an outside organization for
indoctrinating an employm on any subject not
d to the performs of his official duties,
hold by a subveez
clearly indicates that this prohibition w
y coercion of participation by emplay*es
civil rights, or of r officially ap
Rapt. No. 91-873* pp. 36-39). It
clear that this is the paragraph
also concern w
inferentially, with assocLatiosse of es-
ploy =. by prohibiting inquiry into all such activities
not related to the pertormame of duties to ieh an
or may be assigned, this paragraph could
to broadly to unduly curtail the ipa t * e
procedures and its peel
to ask the
apart fron
xted
to by
sib, expression by specific provisions of U.
cases. Justifies zosulation of certain politic
financial activities of es -loy *s overat .
.oas also . uirs + loge s
to publication of articles or
of official concern.
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I yy
D id M.
Assist
C res?si s1 Relations
Clearance,
LI0 - Mr. Lyerly 0 - Mr. Macomber
O/ /PP:NSRiemr;Ct ailey:amk:6/18/79
X 22508
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