LETTER TO HONORABLE SAM J. ERVIN, JR. FROM OFFICE OF THE DIRECTOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100060043-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: February 1, 2005
• Sequence Number: 43
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Honorable Sam J. Ervin, Jr., Chairman
Subcommittee on Constitutional Rights
Senate Committee on the Judiciary
Washington, D. C. 20510
We wish to submit our views on a bill you introduced on
2 May 1973, S. 1688, To protect the civilian employees of the
executive branch of the U. S. Government in the enjoyment of their
constitutional rights and to prevent unwarranted governmental
invasion of their privacy. IT
This Agency is deeply committed to enhancing the morale,
discipline and professionalism of Agency employees and to the extent
that these qualities are dependent upon a proper regard for individual
privacy, we are in agreement with the underlying principle of the bill.
However, certain of its provisions could seriously impair our capability
to protect intelligence sources and methods from unauthorized disclosure.
In this connection, the National Security Act of 1947, as amended,
provides :
1 1. .That the Director of Central Intelligence shall
be responsible for protecting intelligence sources and
methods from unauthorized disclosure;.... " (50 U. S. C.
403 (d) (3) ).
In addition, the Central Intelligence Agency Act of 1949 provides:
"In the interests of the security of the foreign
intelligence activities of the United States and in order
further to implement the proviso of section 403(d)(3) of
this title that the Director of Central Intelligence shall
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be responsible for protecting intelligence sources and
methods from unauthorized disclosure, the Agency shall
be exempted from the provisions of section 654 of Title 5,
and the provisions of any other law which require the
publication, or disclosure of the organization, functions,
names, official titles, salaries, or numbers of personnel
employed by the Agency...." (50 U. S. C. 403g)
S. 1688 specifically authorizes adversary procedures which
pose a serious paradox--the Agency must either remain silent in
the face of unfounded allegations (with the alleged offending officer
taking the consequences of the sanctions embodied in the bill), or it
must divulge information which it is obligated by statute to protect,
and disclosure of which might damage the national intelligence effort.
Enactment of the bill in its present form would be a most
serious obstacle to the effective protection of intelligence sources
and methods. The bill would seriously weaken the Agency's efforts
to prevent penetration by a hostile intelligence service, to ensure,
that its employees are suitable in all respects for employment iii this
sensitive Agency, and in general make it much more difficult for the
Director of Central Intelligence to discharge his responsibilities under
existing law.
I wanted to let you know that I have reviewed the position taken
on this legislation by my predecessors, and that I concur in their position
that the Agency be exempted from the bill. At your convenience, I
would be glad to discuss this further if you wish.
The Office of Management and Budget has advised that there is
no objection to the submission of this report from the standpoint of the
Administration's program.
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CENTRAL 4NTELLIGENCE AGENCY
WASHINGTON, D. C. 20505
Honorable Stuart Symington
Acting Chairman
Committee on Armed Services
United States Senate
Washington, D. C. 20510
This is in response to your request for a report on a
statement in the Congressional Record of 2 May 1973 that was
made in connection with the introduction of S. 1688, the Federal
employees' privacy bill, that:
"Moreover, recent Central Intelligence Agency
disciplinary proceedings, in which requests for the
presence of counsel or even of colleagues from the
Agency have been summarily turned down, make
clear the need for the protections of this legislation
subject only to certain partial exemptions accorded
to these agencies. "
It is not the policy of this Agency to summarily reject
requests for the presence of counsel or of colleagues in disciplinary'
proceedings within the Agency. I have had the matter thoroughly
investigated and no case has been brought to my attention. If you
or any other Senator have knowledge of such a case, I would
appreciate being informed.
In the interest of protecting intelligence sources and methods
from unauthorized disclosure certain protection has been extended
by statutes and executive orders to the Agency in connection with
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certain adversary proceedings. As a result, the Agency believes
that it has thereby inherited a greater degree of responsibility
than normal for assuring that no injustices are done. Moreover,
as a practical matter, the discipline and professionalism that the
Agency expects of its employees requires positive attitude to this
end.
It is clear that the Congress, in enacting several laws
pertaining to the Agency realized the paramount governmental interest
in protecting intelligence sources and methods from unauthorized
disclosure in cases where this objective may conflict with other
important cons iderations,ws sh as-Fe-r-al-employee-s-! --rig s. However,
while an employee cannot as a matter of right insist upon the presence
of personal counsel during internal investigative proceedings, we
have attempted to accommodate every reasonable request for the
presence of personal counsel at disciplinary proceedings.
In fact, even in a situation which does not involve disciplinary
action, such as our recent personnel reduction program, personal
counsel were present whenever. requested.
It is hoped that the above is responsive to your interest and
if you would like anything further from us on this, please let me know.
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UNCLASSIFIED
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Acting Legislative Counsel
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Remarks :
Per our telcon.
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Remarks :
Jack:
A sentence about disciplinary proceedings
in the proposed letter to Senator Symington bothers
me. It states: "I have had the matter thoroughly
investigated and no case has been brought to my
attention." While it is probably an accurate
statement, you may want to double ch ck before we
give our concurrence to OLC.
Atts also sent to D/Sec (DD/MFRS 73-2689)
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
Executive Officer to the DD/M$S
7D 24 Has
R-hil 73
SSIFI
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building}
'POUTING ,.ND '? C SHEET
COMMENTS (Number each comment to show from whom
to whom.. Draw a line across column after each comment.)
`It is quite possible that as in:-
the last Congress, the Ervin bill
will. be .Massed by the Senate
=without further committee hear-,
}ings or requestto any Execati:ve
;agency for' their views on the bill
feethowever.that- for'the sake
,of the,-`record it is importa.ni. that
the Agency, submit a formal
'position tc. Senator'Erviri which
is attached, (TabA)for"your
comment and/or concurence.
When Senator -Ervin introduced
his current bill he..stated-that e .
had given serious consideration tc
a full' exemption fox the Agency ,.'
but he found it was impossible .to
do so since" he'had learned that
recently the Agency had denied
the right of personal., counsel to.
El G' ~ILGlt a,G t.Y.;%Ll OL, 1..4,1fX.,LA 7"fin ywe~;proceedings;.4,Wei feel we' should
Rnatz Iet this charge ga unanswered
and if agreeable to Acting Chairm
Symington, ,~ we propose to send
Atta,chnent
B.
ounse
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