LETTER TO HONORABLE JAMES T. MCINTYRE FROM PATRICIA M. WALD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001700010048-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: December 21, 2004
• Sequence Number: 48
• Publication Date: February 2, 1978
• Content Type: LETTER

,; A5515j^ANT ATTORNEY GENERAL
LEGISLATIVE A ved For Rele ~o~ 5101J$II 6_ CSI 2P J0980R001700010048-1
;1IIi eJ it
ulihtgtntt, J.L. 211530
F E B 2 1978
Honorable James T. McIntyre
Acting Director, Office , of. Management
and Budget
Washington, D. C. 20503.
Dear Mr. McIntyre:
Review of the general powers and responsibilities of
the Director of.Central Intelligence, as specified in the
Act, indicates by fair implication that the Director not
only may but should as necessary arm personnel engaged in
the performance. of their duties outside. the United States
and engaged within the United States in the protection of
national security information, Agency property, designated
Agency personnel,'and defectors or others who come to the
United States under Agency auspices. It would be remark-
able indeed if the Agency's vital and sensitive functions
could not be carried out with adequate physical security.
Appropriate weaponry is, of course, an integral part of
such security.
Amendment.of the Act, as proposed, would provide ex-
press authority to arm Agency personnel engaged in the
activities described above. Generally, authorization of
Federal personnel to carry arms is so expressly stated.
See, e.g., 18 U.S.C. 3053. The section of the Act to be
amended is itself such an express authorization, from which
one could argue against implying other authorization. Thus
we concur in.the need for the proposed legislation as a
circumstances.
This is in response to your request for the views of
the Department of Justice on a draft bill to amend section
5(d) of the Central Intelligence Agency Act of 1949, as.
amended (50 U.S.C.:403f(d)), "to authorize personnel of the
Central Intelligence Agency to carry. firearms under certain
Approved For Release 2005/01/06 : CIA-RDP81 M00980R001700010048-1
 Approved For Release 2005/01/06 : CIA-RDP81 M00980R001700010048-1
matter of clarification. We also recommend adoption of the
substitute for the third paragraph of the Agency's trans-
mittal-letters as proposed in the attached Agency memorandum
of December 20, 1977, to us on the draft bill.
Because of the peril to the general population posed by
the circulation of armed persons in their midst, we do recom-
mend minimization of the number of agency personnel who may
be designated for armed protection. We believe-this.should
be done through a statutory limitation, accomplished by in-
serting the following after the words "designated by the
Director" in subsection (d)(iii):
such-designations to be made only upon
0
personal determination of.the Director or Deputy
Director that a specific stated exigency warrants
such protective action and to be'terminated, un-
less sooner renewed in the same fashion, upon
expiration of the exigency or as specified in the
designation order or at the end of 90 days, which-
ever is sooner."
The letters of transmittal and sectional analysis should in-
corporate suitable reference to the added limitation. Note,
we would not oppose inclusion of the.Deputy Director as a
person protected without limitation. This could be accom-
plished by adding in subsection (d)(iii) before the words
"and other Agency" the words ", Deputy Director.".
The Department of Justice recommends enactment of this
legislation amended as suggested above.
Sincerely,
(Signed) Patricia M. Wald
Patricia M. Wald
Assistant Attorney General
Approved For Release 2005/01/06 : CIA-RDP81 M00980R001700010048-1