REQUEST FOR COMMENTS - 2ND JUSTICE DRAFT VIEWS LETTER ON H.R. 1524 & S. 1815 - POLYGRAPH LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000500800006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 22, 2016
• Document Release Date: September 16, 2011
• Sequence Number: 6
• Publication Date: January 28, 1986
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/09/16: CIA-RDP87B00858R000500800006-7
OLL 86-0256
28 January 1986
MEHORA!:DUM FOR: DC/ALD/OCC
C/PB/PrG/OS
C/SEC or
Office of Legislative Liaison
Legislation Division
SUEJECT: feeuest for Corn-gents - 2nc: Justice Draf \ iew::
Letter on H.R. 1524 & S. 1P15 - Polyora-.-h.
Legislation
1. Attached for your review and comment please find a copy
of a draft Department of Justice views letter on H.R. 1524 and
S. 1615, legislation to ban the private use of polygraphs.
This is Department of Justice's second draft of a views letter
on this legislation. The first draft, you will recall, had
taken no position on the merits of the legislation but had
merely sought an exemption for employees of government
contractors. This draft had been opposed by the Agency, ar,c
other aacncies, kbeca;:sc of the wording of the exemption.
2. As you can see, this second Department of Justice= craft
reverses the position of the first draft and opposes both: bills
on their merits on the grounds that they are unneeded and in
contravention of the principles of federalism.
3. The purpose of this second draft is, of course, to
"derail" the legislation, especially H.R. 1524 which currently
awaits floor action in the House. 1ere the draft actually to
be sent, the Office of "anagement and budget (OMB) probably
would not allow the transmission of other views letters until
the effect of the Justice letter was gauged. This O!P
prohibition would extend to the views letter of the Director of
Central Intelligence (DCI) seeking an exemption to S. 1P15 for
employees of contractors of Intelligence Community agencies
which is currently under review at OMR. Of course, if the
Justice letter achieves its intended purpose, there would be no
need for the D^I's letter.
Sanitized Copy Approved for Release 2011/09/16: CIA-RDP87B00858R000500800006-7
 Sanitized Copy Approved for Release 2011/09/16: CIA-RDP87B00858R000500800006-7
4. Prom the Agency's point of view, there would not seem
to be an objection to the Justice letter nor to the strategy of
allowing that letter to go forward initially and its effect to
be g&uged before pressuring OMB to clear the DCI's letter. We
would, however, al:~preciate receiving your comments on both the
attached Department of Justice letter and the appropriate
coarEe of action to take with respect to our own views letter
no later than January 31, 1986.
Attachment:
as stated
Distribution:
Original - Addressees (w/att)
1 - D/OLL "
1 - DD/OIL
1 - Mr. Gries
1 "
1 - OIL ChrorK
Leg/Sub - Polygraph
1 - PS S*
LDG/O jb (28 Jan 1986)
Sanitized Copy Approved for Release 2011/09/16: CIA-RDP87B00858R000500800006-7