LETTER TO GREGORY JONES FROM (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00004R000900050002-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 27, 2016
• Document Release Date: August 19, 2011
• Sequence Number: 2
• Publication Date: January 15, 1987
• Content Type: LETTER

Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2
Central IMdlgrxx A ncy
OCA RE.&MV
_,._.__
RECPT #
16 January 1987
OCA 87-0176
HAND DELIVERED
Mr. Gregory Jones
Legislative Reference
Office of Management and Budget
Washington, DC 20503
In accordance with our telephone conversation on 15 January 1987, I am
forwarding our comments on the proposed Electronic Funds Transfer Federal
Salary Act. While the Agency appreciates the purpose of the draft bill, we
have some serious concerns with certain provisions of this proposed
legislation. These concerns are described more fully below.
Section 2(b)(1) of the bill refers to the issuance of regulations by the
Secretary of the Treasury which would apply notwithstanding any other
provision of law. Such a broad provision may impair the Agency's special
authorities under the National Security Act of 1947 and the Central
Intelligence Agency Act of 1949. For the same reason, we have problems with
section 2(b)(3), which refers to providing certain information to the
Secretary about our employees' financial organizations.
In order to remedy these problems, we propose a new section 2(b)(7) as
follows:
(7) Nothing in this Act shall impair or affect the provisions
of Section 102(d)(3) of the National Security Act of 1947, as
amended, or Section 6 of the CIA Act of 1949, as amended. The
Director of Central Intelligence or his designee may exempt
the Central Intelligence Agency and any of its employees from
regulations issued pursuant to subsection (b)(1) and the
requirements of subsection (b)(3), when it is determined that
compliance would risk disclosure of intelligence sources and
methods or compromise of the security of foreign intelligence
on counterintelligence activities.
In addition, we believe the bill should provide for reimbursement to
employees for expenses resulting from electronic funds transfer errors when
it is determined that the employee was not aware of the error and it would be
unreasonable to penalize the employee for not verifying the deposit was
properly made. This will allow reimbursement for overseas and TDY employees
Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2
 Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2
and in other instances when the employee could not reasonably be expected to
have verified the deposit. Accordingly, we suggest adoption of a new section
2(c)(2), as follows. Current Section 2(c) would then be renumbered (c)(1):
(2) Employing agencies are authorized to reimburse employees
for any charges, fees or assessments made against the
employee or the employee's account as a direct result of the
employing agency's failure to effect an electronic funds
transfer of the employee's pay to the designated account on
the date due, when it is determined that the employee had no
knowledge of the error and acted in reasonable reliance on
the employing agency to effecting the transfer in a timely
manner. Reimbursement to an employee shall be limited to a
maximum of $150 for each failure to effect a transfer of
funds.
We proposed these amendments to the bill when it was presented in the
99th Congress. Given our concerns, we would appreciate being apprised of any
decisions or further developments that are made with respect to this
legislation. Please contact me at 0 if you require further assistance
or information.
Sincerely,
STAT
STAT
Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2
 Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2
OCA/LEG/ (15 Jan 87)
Distribution:
Orig. - Addressee
1 - D/OCA
1 - DDL/OCA
1 - Senate Liaison
1 - House Liaison
1 - OCA Registry
1 - OCA/ w Signer
1 - OCA/LEG/Subject File: Misc. Personnel
STAT
STAT
Sanitized Copy Approved for Release 2011/08/19: CIA-RDP90M00004R000900050002-2