LEGISLATION REQUIRED BY THE CENTRAL INTELLIGENCE AGENCY

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CIA-RDP86B00269R000100130011-4
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RIPPUB
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C
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12
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December 12, 2016
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April 4, 2002
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11
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REQ
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Approved ForRelealse'20(12/MMTVO FOR86600269R000400130011-4 IBVILATION 4.r1BED SI THE CENTRAL / Ir A In ***Meg to develop the Career Service of the Central IstelUience Agency, a detailed study vas made of existing laws in the field of personnel administration to determine their Applicability to CIA, and to ascertain what additional legis- lation should be *ought by C/A in order to strengthen its Career Servioe. The basic requirements in this field, and the importing data which prompts the recommeudations for 'WWI* legislation, are set forth in the staff study of the Lepilative Talk Force which is forwarded herewith. Our elbaellient study of these recommendations for proposed legis- lative for CIA indicated that it would be highly desirable to severe the following legislation: a. Additional medical and x,spitaliiatton benefits to be provided to C/A employees and their dependents when stationed overseas. b. liberalized civil service retirement benefits providing ibelleterated retiremett credits which will permit smut at an earlier age than under the Civil Service Retirement Mt fOr CIA employees with overseas service to their credit. Preeedeat exists for accelerated retirement in investigative petitions and would tend to support a credit of 74 years for 'ash leer of overseas Service and an Additional credit of a i year far each year of such service at an unhealthful post. Neemver, current government thinking in this field is that 000h an acceleration will bring about retirement of an eftelayes at an Age where he still would hate good productive year* available far the Government. Therefore, it is bellowed that curreot goverineental proposals will recommend as increase of retirement annuity percentages fromli% to 2$ fOr esgloyees on hasardous service or with stated periods St overseas service but will not accelerate the age of retirement. CIA feels that the benefits of a Career Service *Wad include certain benefits for overseas or hazardous ~vies and, therefore, is prepared to recommend legislation edweiteting either an accelerated retirement age or an imareseed annuity percentage for its employees. C. Cagiest aecnmalations of statutory annual leave are not sufficient to provide adequate home leave between tours of doal'aVereeas'illtd still perilt adeqneta annual leave to emoloyees during their tours abroad. It is our considered ? 1 ? Approved For Release 1A-Ripp86B00269R000100130011-4 Approved For Release 2002/05/09 :iej illit5101) 69R000700130011-4 t judgement that CIA employees should receive the same statutory leave benefits as are now applied to members of the Foreign Servicej namely, the authority to accumulate one week of home leave for each four months of duty outside of the United States. Legislation will be required in this connection. d. Legislation is required to authorize C/A to defray at least a part of the additional expense to employees for the cost of primary and secondary education for the children of employees stationed overseas. This viii serve to defray the high cost of educating children overseas as opposed to the normal public school cost In the United States. It should be noted that the legislative requirement for exemption for CIA from the provisions of the Performance Rating Act of 1950 has already been met by Inclusion of the exemption as Section 60l (a) of P. L. 763 of the 83rd Congress. It should be noted that Kissing Persons legislation , which provides for the continuation of payments to dependents of those missing in action is currently in force but only because the expiration date of , the present Act has been extended on a year- to-year basis by succeeding sessions of the Congress. The Department of Defense is charged with the preparation of permanent Missing Persons legislation, and the Congress has alsoindicated a desire to receive such legislation. The necessity for such legislation for CIA employees is readily apparent, and if it were not to be proposed on a goverment wide basis, it would be necessary for CIA to seek its own authority in this field. All steps should be taken however, to resolve the long standing disagreements between 41..he Depart meat of Defense and the Bureau of the Budget on this legis- lation so that it may be passed in the current Congress. In connection with the four major items for Career Service legislation noted above, (medical benefits for dependents, liberalized retirement benefits, statutory home leave benefits, and educational aLlovances for dependents overseas), it should be noted that the Government in each instance is considering government-wide action. If a review of the draft legislation on these goverment-wide proposals indicates that they will support the necessities of the CIA Career Service, then separate CIA legislation on these items will not be necessary. 'weever, ? if a finaldeterminatVon is reached not to propose these items on a government-vide basis, then CIA should be prepared to seek its awn legislation in this field. In say event, CIA la not in a position to seek independent legislative action now since the Bureau of the Budget would undoubtedly request the CIA to with hold its proposals pending clarification of the over-all Government program. 4;iistIF MEN 4.1 Approved For Release 2002/05/09w GIA-RDP86B00269R000100130011-4 Approved For Release 2002/05/0 . 6iikti-14[46A6402'ebROOCrr00130011-4 In addition to the above, it is suggested that there should be a reallocation of the positions of the Director and Deputy Director of Central Intelligence in the official governmental structure as established by the Executive Pay Act of 1949 (P. L. 359 - 8ist Congress). This should change the position of Director of Central Intelligence to a position equivalent to that of the Deputy Secretary of Defense and the Chairman of the Atomic Energy Commission, and raise the position of the Deputy Director of Central Intelligence from that of 08-18 to a position equivalent to an Under Secretary of a Government Department. In addition, authority stellar to that granted in the Atomic Energy Act of 1954 which authorizes the establishment of not exceeding ten divisions, each to be headed by a Director,should be given for the six principal assistants to the Director. These six statutory positions would be allocated to the positions presently designated as Deputy Director for Flans, Deputy Director for Intelligence, Deputy Director for Adatinistration, Special Assistant for Plans and Coordination, Inspector General, and General Counsel. It should be noted in the case of the General Counsel that many agencies have the position of the principal legal officer established by statute with appropriated compen- setion.in excess of the General Schedule. This has been continued by recent statuatory actions placing the position of General Counsel of the Departments of Defense and Commerce, and the Legal Advisor of the Department of State at the Assistant Secretary level. It is felt that this statutory reallocation of Central Intelligence Agency positions will eery* to place them at a level commensurate with their responsibilities. - 3 - Approved For ReleathiffOirit/M 941RDP86B00269R000100130011-4 Approved For Release 2002/05/09 : CIA-RDP86600269R000100130011-4 II. ACONGRESSIONAL COMMITTEE raR THE CENTRAL INTELLIGENCE AGENCY 1. There are four present proposals being considered in nnection with a 'Watch Dog' Congressional Committee for the Central Intelligence Agency. ;e. The first proposal involves no change from current procedures. The Central Intellioence Agency requests for appropriations are handled by special subcommittees of the Committees on and this procedure will be continued even if a Joint Committee were established. Central Intelligence Agency requests for substantive legislation are normally presented to the Armed Services Committees of both HOWNS, exnept in those instances 'where the legislation specifically falls within the jurisdiction of other Committee*. Thus, the 83rd Congress, the legislation authorizing the position of Deputy Director of Central Intelligence, as well as the nominations of the Director and Deputy Director, were handled by the Armed Services Committee. However, certain exemptions for the Agency in connection with foreign atomic energy information were quite properly included in the Atomic Energy Act of 1954 before the Joint Committee on Atomic Energy and certain personnel legislation for CIA was included in legislation before the Committees on Post Office and Civil Service. Even ir a Joint Committee on Central intelligence had been in existence, the Atomic Energy and personnel items would have been properly before these other committees. It should also be noted that the status quo appears to be preferred by the leadership of both Armed Services Committees and the House Appropriations Committee, all of whom have expressed strong opposition to a Joint Committee on Central Intelligence. 3. The second proposal would be to have the Armed Services Committees of both Houses establish subcommittees on Central Intel- ligence composed of three webers in each House, if the committee meets jointly, and five webers if they meet separately. (In those instances where the Senate Armed Services Committee has held sUb- committee bearings on CIA in the past, the subcommittees have consisted of five meebers. A three man subcommittee of the thirty- mix-man HOuse Armed Services Committee may not to deemed to give a sufficient spread). The proposal that the Armed Services Committees set up a special subcommittee on Central intelligence has merit as all reactional legislation for the Agency comes before these committees. Therefore, it would appear that these committees could best exercise a 'Vetch Doe position with regard to CIA. With appropriate aggressive leadership, such subcommittees could request the referral of any - I - Approved For Release 21002/05/09 : CIA-RDP86600269R000100130011-4 Approved ForReleasa20Q2/0,5/09 i-CI,AraDP86600269R000100130011-4 , compl into garding CIA to themselves, sad could rise to the defense of the Agency when the latter is publicly attacked by stating that they have already, or will immediately, look into the subject matter of the attack. 4. The other two proposals Involve the establiehment of special committees on Central Intelligence. One suggestion is that a special joint committee be selected by the Vice President and the Speaker of the House, and the second is that its members be drawn from among the members of the Armed Services and Appropriations Committees of the two Houses. 5. In order to establish a joint Congressional committee, it is necessary to have some form of legislative enactment. Thus, the joint Congressional Committee on Atomic Energy is established by the Atomic Energy Acts of 1946 and 1954. However, the majority of such committees are established in the individual Houses- by Senate or House resolutions, or by concurrent resolutions where the ccemittees are joint. These resolutions are expressions of the will of the Congress and do not require Presidential approval. If a resolution is palmed to establish a joint committee on Central Intelligence, the standard language would authorize the appointment of the Senate webers by the President of the Senate and the House members by the Speaker of the House. AS a normal procedure, the majority and minority leaders are consulted in these appointments, and their recommendations carry considerable weight. The establishment of such a committee would normally carry with it the standard authority requiring the production of all testimony, teaks and records, the bolding of hearings and the authority of subpoena. The Committee would also have the authority to appoint a staff. 6. If the resolution provides specifically that the members of such a joint committee should be drawn from the members of the Armed Services and Appropriations Comittees? it should be noted that there is a general reluctance, at least in the Houses for Appropriations Committee nether* to serve on joint committees where their substantive action might be considered binding on their subsequent appropriations action. The appropriations' authority is so jealously guarded that the subcomittees normally require complete review of Agency activities regardless of the acts of substantive committees authorizing such activities. The fact that three or five senior members of the Appropriations Committee were to sit as members of a Joint Committee on Centel Intelligence would in no way obviate the used for full bearings before the CIA Appropriations Subcommittee. In addition a resolution limiting such a special subcommittee to selected members of the Armed Services and Appropriations Subcommittees might well meet objection from the Committees on Foreign Affairs and the Judiciary, and possibly from a new Joint Committee on Internal Security if one were established. 11.06-' 4 Approved For Release 2002/05/Q9z CIA-RDP86600269R000100130011-4 Approved For Release 2002/06,ClQiCA-BDP861300269R000100130011-4 7. The fact that a substantial number of Senators have proposed a Joint Congressional Committee on Central Intelligence reflects Congressional feeling for greater Congressional knowledge of the activities of CIA. This would tend to indicate that the first alternative?namely the retention of the status quo in CIA-- Congressional relations is noloager advisable. On the other hand, it should be reiterated that there are leaders in the Congress who feel that there should be no change in the current relationship. a. In connection with the alternative to establish a Joint Committee on Central Intelligence, the following points should be noted: a. If such a Committee were established, its jurisdiction should be limited to organizational and administrative matters and not include review of CIA operations as such. If a Joint Committee were to attempt to substitute its judgement for that of the Executive Branch, or exercise a veto power over specific operations, a serious Constitutional problem involving the doctrine of separation of powers would certainly arise. b. The greatest care would have to be taken in selecting the members of this joint Committee, and for security reasons It should be kept to the smallest possible size, preferable three members from each House. c. A Joint Conatittee would require a special staff which would eventually cone into possession of :more information regarding the secret operation. of the American intelligence service than is possessed by any but a fey of the most senior officials of the Agency. This presents a serious security problem. d. The workload of a Joint Committee on Central Intelligence would be comparatively small. The Central Intelligence Agency averages about one piece of legislation a year as opposed to the Atomic Energy Commission which has about twenty bills a Session. The many public facets of the work of the Atomic Energy Commission includes the operation of towns, adjudication of patent claims, peacetime applications of atomic energy, etc. This presents a heavy workload for the Joint Committee on Atomic Energy which would not be present in connection with CIA. A light workload would tend to justify a separate Joint Committee and staff, but would tend to support the proposition that existing Congressional Committees?namely Armed Services?could include CIA within their own jurisdiction. - 3 - Approved For Release 2002/05/09 : CIA-RDP86600269R000100130011-4 Approved For Release 2002/05/09 : CIA-RD,B86.1300269R000100130011-4 In view of the above, it would appear to be referable Armed Services Cosseittees would exercise jurisdiction jointly or separately) over CIA. This jurisdiction is apply supported by the standing rules of the Senate and the Nouse. These Committees could be infOrmed on the general activities of the Agency, and Its andnistration, and could continue to handle the Agency's substantive legislation. They could be focal points for complaints forwarded to the Congress and serve as the "Watch Dog" of the. Congress in connection with the Agency. The forthrigh kcceptance by the Armed Services Committee of this responsibility would so a long way toward answering the implied criticisms of those who feel that the Congress is not sufficiently Informed regarding the Agency, and would not raise the serious problems which would be inherent in a separate joint Committee on Central Intelligence. Approved For Release 2993Militt0013,61300269R000100130011-4 Approved For Release 2002/05104 :ZIX-FibP864300269R000T00130011-4 Several bills were introduced into the 83rd Ceegress to es tab- 11th a Joint Committee with supervision of the Central Intelligence Agency or the intelligence !Unction generally. (1) S. Cot. Res. 42 (introduced by Senator 1d) and H. Con. Res. 167 (introduced by Congressman Patters established a Joint Committee on Central Intelligence to be compoeed of nine members each from the Senate and the Reuse. S. Con. Res. 69 (intro- duced. by Senator Mansfield with twenty-four co-sponsors) and H. Con. Res. 216 and 217 (introduced by Congressmen Richards and Brownson respectively) were identical, except the membership was to be composed of five members from each Rouse. These bills provided that the Joint COmmittee study the activities of CIA and problems relating to the gathering of intelligence relating to the national security and of its coordination and utilisation by the various agencies of the Government. CIA shall keep the Joint Committee fully and currently informed with respect to its activities. All legislation and other natters relating primarily to CIA shall be referred to the Joint Committee. The Director of Central Intelligence has held several extremely cordial conversations with Senator Mansfield regarding his legislation, which the Senator introduced with a firs conviction that it would be moot helpful to CIA. Inlloving the introduction of S. Con. Res. 42 which called for a Joint Committee of ei.ehtetnxnumbers, Senator Mansfield came to the conclusion that such a Committeeleuld be too large in viev of the extreme sensitivity of the subject matter. As a result, he introduced S. Con. Res. 69, which called for a ten member Joint Committee. Subsequent conversations with Senator Mansfield indicate that at present he would tend to prefer a small Joint Com nittee appointed by the Vice-President and the Speaker, or selected from the membership of the Armed Services and Appropriations Committees. (2) H. Con. Res. 168 and 169 (introduced by Congressmen Kelley and Zablockl respectively) established a Joint Committee on Intelligence Matters to be eomposed of nine members each from the Senate and the Hawse. These resolutions were similar to those on the Central Intel- ligence Agency alone, except that they were broadened to include related intelligence services" as well. (3) H. J. Res. 473 (introduced by Congressmen McCarthy) was even broader and established a Joint Committee on Information, Intelligence, and Security. Approved For For Release,21012M ;..CIA-RpP86B00269R000100130011-4 Approved For Release 2002/05/09 : CIA-RDP86B00269R000100130011-4 (4) N. R. 9660 (introduced by Congressman nghwaen) etb- 11e1* a Commission an United States Foreign Intelligence Activities, composed of five members to be appointed by the President and two each from the Senate and the Noose. The Commission vas to make a full and complete investigation and study of the foreiga intelligence activities of the United States and of the security of our intelligence agencies from penetration by subversion. It was also te study the questions of overlapping and duplication, staffing, and efficiency. None of these proposals were reported out of Committee. Approved For Release 2002/05/09 :QA-RDP86B00269R000100130011-4 Approved For Release 20021,114,0491A?RDP86B00269,13.000100130011-4 III. JUSTIFICATION FOR A laTti CIA HEADCVARTSRS =DINO 1. A new CIA headquarters building in which office space would be provided for the entire Agency would result in improved security, increased efficiency, and greater economy. Security: a. Office space for the Agency is now located in thirty three separate, dispersed buildings, twenty-nine of which are temporary, converted-type structures. -b. There is a substantial security risk in the transfer of many highly sensitive papers between these various widely dispersed offices on a continuing basis. No reasonable expense or effort would secure these tem- porary structures sufficiently to insure against force- able entry by unauthorized persons nor is it possible to maintain a satisfactory standard of fire prevention in these structures in which same of the most sensi- tive end vital clandestine documents in or available to this Government are housed. It would be virtually im- possible to replace these documents and to attempt to do so would necessitate undertaking a program involv- ing years of operations and an expenditure of Roney in the millions of dollars. For security reasons, perhaps as much as fifty per cent of the Agency's business cannot be conducted over the telephone but must be conducted in personal conferences. For example: Considering time in transit, a minimum of one hour is necessary for an individual located in the Potomac Park area to conduct one hour's business with an individual located in the Administration Building. b. During Fiscal Year 1954 six Agency shuttle busses and twenty passenger vehicles transported more than passengers in the conduct of Agency business. An esti- mated ninety-five per cent of the time lost in transit would be saved if the entire Agency were quartered in one building. C. Timeliness in intelligence is of paramount importance. Meaningful reports can, in many instances, only be made atter consulting central files and library facilities which it is impossible to make easily accessible to in- telligence analysts in our present dispersed situation. Approved For Release 2644* oik-RDP86B00269R000100130011-4 Approved For Release 2002/05/09' t 6-iiiiiROP86B00269R0001e43130011-4 d. The design and deteriorating condition of presently assigned temporary buildings are prejudicial to good management, efficiency, =male, and working conditions in general. ldonomy: a. Tangible monetary annual savings as +estimated below could be expected from the consnlitiation of headquarters activities in one building. It is also emphasized that either the additional savings or additional productivity to be expected frcat such consolidation are not included in these 'etiolates. Item Guard Service Reception Staff Shuttle Service Couriers & Measengers Telephone Mileage Building Services Ott jeers Rents Maintenance & Alterations Loss of Time TWX Service TLS Present Cost Bst.Cost in Cte Buildi Eat. Owings in One BUS. 25X1A 2. Considerations inherent in the situation outlined above have long indicated the high desirability of providing headquarters space for the Central Intelligence Agency in one permanent building. This matter is now acute because of recent Congressional approval far the construction or a new highway bridge enrage the Potomac Diver which Approved For Release 2002/06/0 -2- f141 86600269R000100130011-4 Approved For Release 2002/05/09 P8it800269R080100130011-4 would result in the reyal of several of the temporary structures to which CIA is now assigned. In addition, there are concerted efforts to cause the removal of the remaining temporary buildings assigned to this Agency in the west Potomac Park area. It is our understanding that the Secretary of the Interior has in fact been charged with the removal -of these temporary structures at the earliest possible date. Insomuch as the General Services Administration has indicated that there is no other space available for assignment to this Agency new construction appears to be absolutely essential. 3. Permanent enabling legislation has been granted by the Congress for the construction of a new CIA headquarters building in the amount of $38,000,000, Funds, however, have not been appropriated for this purpose. Conferences with the General Services Admdnistratioe and the Bureau of the Budget indicate that such new construction could be under- taken either through the use of appropriated funds or a lease-purahase isrrangentent. 4, It is essential that the Director be immediately available to the President and the Rational Security Council. There are also an estimated fifty to one hundred of CIA's senior staff who must be in close daily contact with personnel of other agencies, particularly the Impartments of State and Defense, and who must also be immediately available to the Director as well as to those eceponents of the Agency under their supervision and upon which they are dependent for support. The necessity for such close and exeeditious coordination within the Central Intelligence Agency and the Intelligence Community dictates that the entire Agency be at one location not more than 's few miles distant from the White Souse. - 3 - Approved For Release 2002/05/09: CIA-RDP86600269R000100130011-4