LETTER TO ANDREW A. FEINSTEIN FROM MICHAEL J. O'NEIL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101550081-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 21, 2016
• Document Release Date: November 7, 2008
• Sequence Number: 81
• Publication Date: March 12, 1984
• Content Type: LETTER

Approved For Release 2008/11/07 :CIA-RDP90B01370R001101550081-0
~;
Office of Legislative liaison
Routing Slip
STAT
Remarks:
SUSPENSE 7itOtG
Date
Name/Date
Approved For Release 2008/11/07 :CIA-RDP90B01370R001101550081-0
ACTION
INFO
1. D OLL
~
3. DD OLL
3. Admin Officer
4. Liaison
5. Le islation
6.
7.
8.
9.
10.
 ~~
EDWARD P!BOLAND, MASS, cHAIRMA Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0 ~y~?~ ~
@OMANO L MAZ20U, Kr. X203) 22Bd t21
NORMAN r. MINETA, CALIF.
WVGHE FOWLER JR., GA
ALBERT GORE,JR, TENN.
LEE M. HAMILTON, IND. U.S? HOUSE OF REPRESENTATIVES iCOr~
LOUIS STOKES. OHIO
DAVE MCCURDY, OKLA. PERMANENT SELECT COMMITTEE
ANTHONY C. BEILENSON, CALIF.
J. KENNETH ROBINSON, VA. ON INTELLIGENCE
G. WILLIAM WHITEHURST, VA.
c. w. Blu roul+c, FLA. WASHINGTON, D.C. 20515
BOB STUMP, ARIZ
WHAM F. GOODUNG, PA
THOMAS K. LATIMER STAFF gRECTOR
MICHAEL J. O'NEIL CHIEF COUNSEL
STEVEN K BERRY, ASSOCUTE COUNSEL
March 12, 1984
Mr. Andrew A. Feinstein
Subcommittee on Civil Service
Committee do Post Office and Civil Service
209 Cannon House Office Building
Washington, D. C. 20515
Dear Andy:
Thank you for providing your March 5, 1984 discussion draft of H.R. 4681.
As you know from our previous conversation, I believe that the exemption
section is inadequate to cover the intelligence agencies who now use the
polygraph and certain other special access programs for which counter-
intelligence polygraphs are appropriate. I attach herewith a redraft of the
exemption section which covers those agencies and programs.
I believe the redraft is straightforward but any explanation of it ought
to note that subsection b(1)(C) is meant to include a new special access
program to protect cryptographic communications and technology. Such a
program would be limited to those who have frequent and significant access to
such communications or technology. Also, I believe that the "appropriate
Committees of the Congress" referred to in subsection b(5) should include the
Committee on Government Operations, the Committee on Post Office and Civil
Service, the Committee on Armed Services, and the Permanent Select Committee
on Intelligence of the House.
The Committee has not addressed this issue as yet, but should section 7365
of H.R. 4681 reach the floor in its present form, I would recommend that the
Committee offer an amendment such as the attached redraft of that section.
I would be happy to discuss this with you at any time.
Sincerely,
Michael J. O'Neil
Chief Counsel
Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0
 ' Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0
Amendment
' On Page 7 of the March 5, 1984 Discussion Draft, strike Lines 12 through
21 and insert in lieu thereof:
"(a) Sections 7362 and 7363 of this title shill not apply with respect to
an individual employed by, detailed or assigned to, or applying for a position
with --
"(1) the Central Intelligence Agency, the National Security Agency,
the Defense Intelligence Agency, or the Federal Bureau of Investigation; or
"(2) the Department of Defense, the Department of State, or the
Federal Emergency Management Agency, if such individual has, or will have,
access to particularly sensitive classified information within special
access programs created pursuant to section 4.2(a) of Executive Order
12356.
"(b) Subsection (a)(2) of this section shall have effect with respect to
the use of polygraph examinations only if the heao of the department or agency
concerned issues regulations authorizing polygraph examinations, limited to
questions designed to ascertain whether the subject of the examination has
committed, is committing, or is about to commit espionage against the United
States, and if such regulations require:
"(1) that the head of the department or agency concerned certifies
that unauthorized disclosure of the information to which the employee,
detailee or applicant will have access reasonably could be expected to
result directly in the loss of --
"(A) human life;
Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0
 Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0
"(B) intelligence sources and methods which are vital to the
fulfillment of U.S. national security requirements or which provide a
unique capability to U.S. intelligence agencies; or
"(C) technologies, plans, and procedures vital to the strategic
advantage of the United States;
"(2) that, to the extent feasible, those being considered for
employment in or assignment to duties which will require access to
information for which a limited polygraph examination is a condition of
access shall be advised of such requirement prior to their assignment to,
or selection for, such duties;
"(3) that any current employee, detailee, or assignee whose duties.
require access to information for which a limited polygraph examination is
established as a condition of access, who refuses to take such
examination, shall be denied access to such information, but shall be
retained by the employing component, at the same pay and grade, or if not
feasible, at same pay and grade in a position elsewhere in the department
or agency;
"(4) that access to classified information shall not be denied
solely on the basis of the results of an analysis of polygraph charts,
unless personally approved by the head of the department or agency, in
specific cases, where the information to be accessed is of such
extraordinary sensitivity that access under the circumstances poses an
unacceptable risk to the national security; and
"(5) that the head of each department or agency shall make annual
reports to the appropriate committees of the Congress providing detailed
accounts of how this authority was exercised during the previous year.
Approved For Release 2008/11/07: CIA-RDP90B01370R001101550081-0