SENATOR HUDDLESTON LETTER OF 16 SEPTEMBER 1977

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600010014-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: August 11, 2000
• Sequence Number: 14
• Publication Date: October 6, 1977
• Content Type: MF

97- 11a
OGC HAS REVIEWED.
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STATINTL IMIN" FOR:
STATINTL FI'
Office of General Counsel
Act ng I} rector of Personnel
SUBJECT . Senator Huddleston's Letter of 16 September 1977
This is in reference to your request for comments on
Sector :Iuddleston's letter asking for the Director's views on the need
for retention of certain provisions in the Agency's current legislatiorn.
Subparagraph (c) and the last paragraph are the only items of direct
Office of Personnel concern.
The provisions of subparagrK)h (c) which deal with
reinbursewent of other government agencies for personnel assigned to
work with CIA provide no particular advantage or authority not otherwise
available. All government agencies have the authority to arrange for the
detail of personnel to or from other agencies. The matter of reimburse-
meant is subject to negotiation between the participating armies and is
normally determined on the basis for the detail. Services in the interest
of the parent agency are usually not reimbursed; services perfornrnyed
directly on behalf of the receiving agency are reimb>;arsed. We do not
believe this provision in the law is essential to the administration of
detailed personnel either to or from the Agency.
With reference to the last paragraph of the letter, we
find the two references cited as part of SO U.S.C. 403g (section 654 and
section 947 of Title 5) have been repealed and have not been replaced
elsewhere in the Code. It is our understanding that the reporting require-
ments formerly contained in these two sections were eliminated for all
government agencies. Ile would recorrsaend, however, that a provision
similar to this one be included in any revised charter legislation. T .he
Agency should remain exempt from any requirements to report personnel
data which would conflict with the Director's statutory responsibility
for the protection of intelligence sources and methods. A specific
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exemption, if it can be provided, would avoid having to make special
arrangements and/or offering detailed explanations each time making
such information available becomes a matter of security concern.
STATINTL
Distribution:
Orig - Adse
1 - AD/Pers
1 - OP,RS
STATINTL Opp,&G/ (6 Oct 77)
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I by the Director shall
as practicable, to the
and rates contained In
its of the Secretary of
? of Central Intelligence
leh further regulations
necessary to eaEectuate
is order.
shall be effective as of
f Intelligence Agen-
ment agencies such
3udget, for the per-
thorized under sec-
vernment agency is
ley such sums with-
cohibiting transfers
Agency in accord-
'1e purposes and un-
itle without regard
ansferred ;
543 of Title 31;
services of perscn-
i ivernment agencies
taw to the contrary,
3uty with the Agen-
by the Director to
.f confidential docu-
-se and Security;
rs on premises rent
gard to limitations
1932, as amended:
rtify that exception
3ful performance of
activities.
S, or any other law
issioned or warrant
ithorized to employ
teen retired officers
performing service
ired officer or war-
iompensation of his
Jhever he may elect.
Cb. 15
NATIONAL SECUR.iTY Tit. 50, ? 403h
(2) Nothing in this section shall limit or affect the appointment'
of and payment of compensation to retired officers ofwarrant officers
not presently or hereafter prohibited by law. June 20, 1949, c. 227,
? 6, 63 Stat. 211; June 26, 1951, c. 151, 65 Stat. 89.
Rcfcrences in Text. The Act of June
to, 1032, as amended, referred to in the
text of subsection (e) of this section is
the Legislative Branch Appropriation
Act, 10.:3, Act June 30, 19.32, c. 314, 47
Stat. 352, and is classified to sections
.,sa and 303b of Title 40, Public Build-
ings, Property, and Works.
Codification. Section was not enacted
sa a part of the National Security Act of
1047 part of which comprises this chap-
ter.
1951 Amendment. Subsec. (t) added by
Act June 20, 1951, cited to text.
Legislative History. For legislative
history and purpose of Act June 20,
1951, cited to text, see 1031 U.S.Code
Cong.Service, p. -.
? 403g. Same; protection of nature of Agency's functions
In the interests of the security of the foreign intelligence activities
of the United States and in order further to implement the proviso
of section 403(d) (3) of this title that the Director of Central Intel-
rotecting intelligence sources and
ible for
l
p
be respons
ligence shal
methods from unauthorized disclosure, the Agency shall be exempted ~, ~?~'_~~ '
rovisions of
d the
f Titl
5
p
,. an
e
from the provisions of section 654. o
any. other law which require the publication or disclosure of the or-
ganization, functions, names, official titles, salaries, or numbers of
personnel employed by the Agency: Provided, That in furtherance
of this section, the Director of the Bureau of the Budget shall make
no reports to the Congress in connection with the Agency under sec-
tion 947(b) of Title 5. June 20, 1949, c. 227, ? 7, 63 Stat. 211.
L'> Historical Note
References in Text. Section 917 of Codification. Section was not enacted
Title 5, referred to in. text, was re- as a part of the National Security Act
thi
i
s
ses
pealed by Act Sept. 12, 1950, c. 940, Title of 1047, part of which compr
III, i 301(85), 64 Stat. 843:- chapter.
? 403h. Same; admission of essential aliens; limitation on number
Whenever the Director, the Attorney General, and the Commission-
er of Immigration shall determine that the entry of a particular alien
into the United States for permanent residence is in the interest of
national security or essential to the furtherance of the national in-
telligence mission, such alien and his immediate family shall be giv-
en entry into the United States for permanent residence without re-
gard to their inadmissibility under the immigration or any other
laws and regulations, or to the failure to comply with such laws and
regulations pertaining to admissibility: Provided, That the number
of aliens and members of their immediate families entering the Unit-
ed States under the authority of this section shall in no case exceed
217
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 195 1. C. i.).
W4trt~r:.a ?..G
,.t aar' i,t... ?..
silttcsrl a': `?~
or.the }t.tn.t, u
ik and U..,...i
rr.?Cu'0 dale .S
,t out ands
eillcers and f:rn
n,.. The \a'?lnn~i
[h,rr , tb tes to
personnel. aai
M.
of 8pprU1-rfntl":.1 ,r full',3 ilk
t'~11 n' .a
j acre trun,C.
ic?
.e of the 1',`utt~?'(t~
a a eft.
t
63 .7tEL
. - S .
aCCtt0n I:S :l?'1 A.
4
:epartnients an
~ ~mploYe`:s.
NATIONAL SECURITY Tit. 50, ? 403
of any branch, bureau, unit or division thereof, or with respect to
,:y of the personnel (military or civilian) of any of the foregoing.
f2) Except as provided in paragraph (1) of this subsection, the
l; i,ointment to the office of Director of a commissioned officer of
-c armed services, and his acceptance of and service in such office,
,,.all in no way affect any status, office, rank, or grade he may
. cupy or hold in the armed services, or any emolument, perquisite,
..;ht, privilege, or benefit incident to or arising out of any such.
,?,ttus, office, rank, or grade. Any such commissioned officer shall,
chile serving in the office of Director, receive the military pay and
,aowances (active or retired, as the case may be) payable to a
mmissioned officer of his grade and length of service and shall
paid, from any funds available to defray the expenses of the
t;ency, annual compensation at a rate equal to the amount by
.hich $16,000 exceeds the amount of his annual military pay and
t.1owances.
Termination of employment of offeers and empioyeeai
effect oir right of subsequent employment
(c) Notwithstanding the provisions of section 652 of Title 5, or
provisions of any other law, the Director of Central Intelligence
ray, in his discretion, terminate the employment of any officer or
r-p loyee of the Agency whenever he shall deem such termination
? .'ssary or advisable in the interests of the United States, but
:,,Ch termination shall not affect the right of such officer or em
Yee to seek or accept employment in any other department or
+.;ency of the Government if declared eligible for such employ-
-rat by the United States Civil'Service Commission.
Direc- t
isilment; i
ty. Council a Cen-
astral Intelligence.
ill be appointed by
sent of the Senate.
armed services or
rector shall recei'
anum.
a limltational
armed
services
Powers and duties
t(i) For the purpose of coordinating the intelligence activities
he several Government departments and agencies in the interest
' national security, it shall be the duty of the Agency, under the
r'ction of the National Security Council-
13 1) to advise the National Security Council in matters concern-
' : such intelligence activities of the Government departments and
cies as relate to national security;
Director, he shalt n
or prohibition (ml" ri to make recommendations to the National Security Council
respect he coordination of such intelligence activities of the depart-
and agencies of the Government as relate to the national
ative with ?.'I ity,
1 with the DePartmeh r
;he Department of t' ?
portent thereof; and 33 to correlate and evaluate intelligence relating to the national
contrk jr;ty, and provide for the appropriate dissemination of such
y supervision, 'tii,ddlzence within the Government using where appropriate exist-
ossessest or is arn. VVencies and facilities: Provided, That the Agency shall have
p ect to the arn subpena
nternal-
powers
ment
securit p tment of the Aor,' t:ions: Provided further, Toree hat the departments tand other ageny
tzaent of the Air F Tit. 50 U.S.C.A.-14 209
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Tit. 50, ? 403 WAR AND NATIONAL bEFENSE
Gies of the Government shall continue to collect, eyaluate, correlate,
and disseminate departmental intelligence: And provided further,
That the Director of Central Intelligence shall be responsible for
protecting intelligence sources and methods from unauthorized
disclosure;
(4) to perform, for the benefit of the existing intelligence agen-
cies, such additional services of common concern as the National
Security Council determines can be more efficiently accomplished
centrally;
(5) to perform such other functions and duties related to intel-
ligence affecting the national security as the National Security
Council may from time to time direct.
Inspection of intelligence of other departments
(e) To the extent recommended by the National Security Council
and approved by the President, such intelligence of the depart-
ments and agencies of the Government, except as hereinafter pro-
vided, relating to the national security shall be open to the inspec-
tion of the Director of Central Intelligence, and such intelligence
as relates to the national security and is possessed by such depart-
ments and other agencies of the Government, except as hereinafter
provided, shall be made available to the Director of Central Intelli-
gence for correlation, evaluation, and dissemination: Provided,
however, That upon the written request of the Director of Central
Intelligence, the Director of the Federal Bureau of Investigation
shall make available to the Director of Central Intelligence such
information for correlation, evaluation, and dissemination as may
be essential to the national security.
Termination of National Intelligence Authority; transfer of
personnel, property, records, and unexpended funds
(f) Effective when the Director first appointed under subsection
(a) of this section has taken office-
(1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339,
February 5, 1946) shall cease to exist; and
(2) the personnel, property, and records of the Central Intelli-
gence Group are transferred to the Central Intelligence Agency,
and such Group shall cease to exist. Any unexpended balances of
appropriations, allocations, or other funds available or authorized
to be made available for such Group shall be available and shall be
authorized to be made available in like manner for expenditure by
the Agency. July 26, 1947, c. 343, Title I, ? 102, 61 Stat. 497; Oct.
15, 1949, c. 695, ? 4, 63 Stat. 880.
2.10
190 Amendment. Sub
;,p Act Oct. 15, 11)40, cit.
?-,.tso Director's compel
,., to $16,0J0 per annum
t:ir,.ctivo Date of l
ii,. Increased comPensn
..q. Act Oct. 15, 1J-19, ci
ct on the first day
;,clod which began aft,
,lie provisions of well:.
,ict. 15, 1410, which is
order section 3 of Title
? 4-03a. Same; de.
When used in se.
(a) "Agency" m(
(b) "Director" r.
(c) "Government
mission, council, ii
partly owned by t?
the United States,
thority, administrL
branch of the Gove
(d) "Continental
trict of Columbia.
Codlflcation. Section
as a part of the Nati.,
4 1947 part of whicl
hapter.
Short Title. Congress
,ions 403a 403J of this
section 12 of Act Sec
,aid sections should he
as the "Central Inteilic
of 1'049".
Separability Cl:"tse.
June 20, 194% cited C
"ft any provision of t
403b. Same; se.
The Director of
to be made for tht:
the President shall
of. June 20, 19.19,
Codification. Section
of L147 part of which a:
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TRANSMITTAL SLIP
TO:
ROOM NO.
1006
REMARKS:
CCVEBACK COPY
(Attachments withheld)
FROM:
1 FES55'241
7OCT1977
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Op/Review Staff
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