SUGGESTED EXEMPTION LANGUAGE TO S. 782

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000400040004-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: May 25, 2005
• Sequence Number: 4
• Content Type: NOTES

Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
SUGGESTED EXEMPTION LANGUAGE TO S.. 782
This Act shall not apply to the Federal Bureau of Investigation,
the Central Intelligence Agency, the National Security Agency, or any
other agency, or to any office, bureau, or entity within an agency,
performing primarily intelligence, investigative, or security functions
if the head of the agency determines that the provisions of this Act
cannot be applied in a manner consistent with national security
requirements and considerations.
SECOND PREFERENCE:
Page 19, following line 19, insert a new paragraph:
118. Subsection 1(k) and Sections 4 and 5 of this Act
shall not apply to the Federal Bureau of Investigation, the
Central Intelligence Agency, the National Security Agency,
or to any other agency, or to any office, bureau, or entity
within an agency, performing primarily intelligence,
Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
investigative, or security functions, or to persons employed
by, or detailed to, or applicants for employment with, such
agencies, if the head of the agency determines that the above-
specified provisions of this Act cannot be applied in a manner
consistent with national security requirements and considerations:
Provided, however, That nothing contained in this Section shall
be construed to prohibit an employee of any agency contemplated
by this Section, who is under investigation for misconduct, from
having present during interrogation which could lead to disciplinary
action, or seeking advice and counsel of, a fellow employee of
his choice from such agency: :Provided further however, That
nothing contained in this Section shall be construed to prevent an
employee of or applicant to any agency contemplated by this
Section claiming to be affected or aggrieved by any violation or
threatened violation of this Act from filing a written complaint
with the Board on Employees' Rights: Provided further, however,
That such complaint may be filed only after all procedures for
adjudicating such complaints within the agency concerned have
been exhausted and a final action taken by the head of the agency
concerned, that is determined by the employee or applicant to
be adverse: And Provided further, That nothing in this Act shall
Approved For Release 2005/06/06 CIA-RDP72-00337R000400040004-7
 Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
affect or modify the authority of the Director of Central Intelligence
as set forth in Section 102(c) of the National Security Act of 1947,
as amended, or the authorities set forth in Subchapter III of
Title 50 of the U.S. Code (P. L. 88-290)."
(NOTE: Attention is called to the fact that the exemption from
Sections 4 and 5 of the bill contemplated in each of the foregoing
suggested amendments merely means that an aggrieved employee
shall not have immediate access to the U.S. district court--it in
no way interferes with his normal access to such court after
exhausting administrative remedies.)
3
Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
 Approved For Release 2005/06/06 : CIA-RDP72-00337R0
Strategy -- S. 782
Possible course of action to implement Agency position with respect to S. 782: 11
STAT
1. Executive Branch
a. Apparently as late as 12 June (last Friday) BOB was
(1) unaware that the Ervin bill had passed the Senate and (2)
had not received any reports from the Executive Branch for
transmittal to the Congress. Should someone contact Civil
Service Commission and top echelons BOB such as Roger Jones
to galvanize some action?
b. Previously the Director has sent letter he wrote to
the President to Secretary of State and Secretary of Defense
and has sent these Secretaries other material. Should he
at minimum refresh their memory by submitting this materi
once again and also as courtesy send them his position on
S. 782 which endorses such exemptions for the intelligence
community as may be requested with specific reference to
Secretary of Defense?
NSA,which is under the command responsibility of the
c. Contact Timmons of the White House and consider
possibility of another letter to the President to lay the
groundwork for a possible veto and enlist White House support.)
2. Congress
a. CIA Subcommittees -- Write letter to Chairmen Rivers
and Mahon as was done last Congress in connection with S. 1035.
Also suggest that Rivers send to Henderson a letter along the
lines he sent him last Congress on S. 1035 where he makes a
strong point of the invasion of legislative jurisdiction by
inhibiting the ability of the DCI to carry out his statutory
responsibilities for security as spelled out in the National
Security Act of 1947.
STAT
STAT
STAT
Approved For Release 2005/06/06 : CIA-RDP72-00337R000400040004-7
 Approved For Release 2005/06/06 :. CIA-RDP72-00337R000400040004-7
b. Contact key members of the Henderson Subcom.n.1-littee
including those suggested by Henderson- -Gross, Hamilton and
White, possibly friendly members of the full Committee,
Chairman Dulski and Staff Director Charles Johnson..
c. Other--Merit of contacting other members of the
Agency's Subcommittees and possibly House leadership.
POST OFFICE AND CIVIL SERVICE
[Democrats]
Thaddeus J. Dulski (N. Y.), Chairman
David N. Henderson (N. C.)
Arnold Olsen (Mont,)
Morris K. Udall (Ariz.)
Dominick V. Daniels (N. J.)
Robert N. C. Nix (Pa.)
James M. Hanley (N. Y.)
Charles H. Wilson (Calif.)
Jerome R. Waldie (Calif.)
Richard White (Texas)
William D. Ford (Mich)
Lee H. Hamilton (In(l.)
Frank J. Brasco (N. Y.)
Robert O. Tiernan (R. 1.)
Graham Purcell (Texas)
[Republicans]
Robert J. Corbett (Pa,)
71. R. Gross (Iowa)
Glenn Cunninglutm (Neb.)
Edward J. Derwanslcj (111.)
Al
bert W Jh (P)
.onsona. Daniel E. Button (N. Y.)
William L. Scott (Va.)
Janes A. McClure (Idaho)
Thomas J. Meskill (Conn.)
Donald E. Lukens (Ohio)
Lawrence J. Hogan (Md.)
Manpower and Civil Service .
[Democrats] [Republicans]
cwt A Ificaderson, Chairman' Gross
Nix:A` Derwinski `apt A
-OP't M White Lukens
5M hHamilton
Brasco
House Officers
ARMED SERVICES
[.Democrats]
L. Mendel Rivers (S. C.), Chairman.
Phili
J Phill
i
M
p
~
a (
ass)
.. F. Edward Hebert (La.)
Melvin Price (I11.)
O. C. Fisher (Texas)
James A. Byrne (Pa.)
Samuel S. Stratton (N. Y.)'
Otis G. Pike (N. Y.)
Richard H. Ichord (Mo.)
Lucien N. Nedzi (Mich.)
Alton Lennon (N. C.)
William J. Randall (Mo.)
G. Elliott Hagan (Ga.)
Charles H. Wilson (Calif.).,
Robert L. Leggett (Calif.)
Floyd V. Hicks (Wash,)
Speedy O. Long (La.)
Richard C. White (Texas)
William Nichols (Ala,)
Jack T. Brinkley (Ga.)
Robert H. Mollohan (W. Va.),
W. C. Daniel (Va.) .
Jorge L. Cordova-Diaz (P. R.)
Speaker of the House
John W. McCormack
Majority Officers Minority Officers
Floor Leader Carl Albert Moor Leader Gerald i Word Jr W MO)
[Republicans] '
Leslie C. Arends (I11.)
Alvin E. O'Konski (Wis.)
William G. Bray (Ind.)
Robert C. Wilson (Calif.) r
Charles S. Gubser (Calif.).
Alexander Pirnie (N. Y.)
Durward G. Hall (Mo.)
Donald D. Clancy (Ohio)
Robert T. Stafford (Vt.)
William L. Dickinson (Ala.)"
Charles W. Whalen, Jr. .(.Ohio)
Ed Foreman (N. M.)
John E, Hunt (N. J.)
G. William Whitehurst (Va.),
Robert J. Corbett (Pa.)
J. Glenn Beall, Jr. (Md.)
Whip, Hale Boggs Whip, Leslie C. Aa-ends Central ~elligence Agency
[Republicans] Party Conference Chairman, John B. Ander [Democrats] Iu
s t livers, Chairman Arends
k'hilbin O'Konski
Hebert Dray
Approved For Release 2005/06/06: CIA-RDP CS71l 00,0400011OI304 Z, C. (Calif.)
l' ishe4+ "
Bennett (Fla.) . ,.? a