LETTER TO ANDREW A. FEINSTEIN FROM MICHAEL J. O NEIL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000300390018-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: August 28, 2008
• Sequence Number: 18
• Publication Date: March 12, 1984
• Content Type: LETTER

EDWARD P. BOLAND. MASS, .Approved For Release 2008/08/28: CIA-RDP86B00338R000300390018-0
ROMAWOlti MAUOU. Kr. , ?
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y1 ~/'RMAH 1.IINETA CALIF.
CMF FOWLER JR. G L
LEE H. HAMILTON. INO.
ALBERT GORE. .OHIONN.
U.S. HOUSE OF REPRESENTATIVES
LOUIS STOKES. OHIO
LOUIS
DAVE MCCURDE. OKLA. PERMANENT SELECT COMMITTEE
ANTHONY C. BEILENSON, CALIF.
J. KENNETH ROBINSON, VA. ON INTELLIGENCE
G. WILLIAM WHITEHURST, VA.
C. W. BILL YOUNG. FLA. WASHINGTON, D.C. 20515
008 STUMP. ARIZ
WILLIAM F. GOODUNG. PA.
THOMAS K. LATIMER STAFF DIRECTOR
MICHAEL J. O'NEIL, CHIEF COUNSEL
STEVEN K. BERRY, ASSOCIATE COUNSEL
March 12, 1984
Mr. Andrew A. Feinstein
Subcommittee on Civil Service
Committee on Post Office and Civil Service
209 Cannon House Office Building
Washington, D. C. 20515
ULL II
184-1012
Dear Andy:
Thank you for providing your March 5, 1984 discussion draft of H.R. 4681.
As you know from our' previous conversation, I believe that the exemption
section is inadequate to cover the intelligence agencies who now use the
polygraph and certain other special access programs for which counter-
intelligence polygraphs are appropriate. I attach herewith a redraft of the
exemption section which covers those agencies and programs.
I believe the redraft is straightforward but any explanation of it ought
to note that subsection b(l)(C) is meant to include a new special access
program to protect cryptographic communications and technology. Such a
program would be limited to those who have frequent and significant access to
such communications or technology. Also, I believe that the "appropriate
Committees of the Congress" referred to in subsection b(5) should include the
Committee on Government Operations, the Committee on Post Office and Civil
Service, the Committee on Armed Services, and the Permanent Select Committee
on Intelligence of the House.
The Committee has not addressed this issue as yet, but should section 7365
of H.R. 4681 reach the floor in its present form, I would recommend that the
Committee offer an amendment such as the attached redraft of that section.
I would be happy to discuss this with you at any time.
Sincerely,
ANDREW A. FEINSTEIN
CHIEF COUNSEL AND STAFF DIRECTOR
SUBCOMMITTEE ON CIVIL SERVICE
COMMITTEE ON POST OFFICE AND CIVIL SERVICE
UNITED STATES HOUSE OF REPRESENTATIVES
Michael J. O'Neil
Chief Counsel
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 Approved For Release 2008/08/28: CIA-RDP86B00338R000300390018-0
Amendment
On Page 7 of the March 5, 1984 Discussion Draft, strike Lines 12 through
21 and insert in lieu thereof:
"(a) Sections 7362 and 7363 of this title shall not apply with respect to
an individual employed by, detailed or assigned to, or applying for a position
with --
"(1) the Central Intelligence Agency, the National Security Agency,
the Defense Intelligence Agency, or the Federal Bureau of Investigation; or
"(2) the Department of Defense, the Department of State, or the
Federal Emergency Management Agency, if such individual has, or will have,
access to particularly sensitive classified information within special
access programs created pursuant to section 4.2(a) of Executive Order
12356.
"(b) Subsection (a)(2) of this section shall have effect with respect to
the use of polygraph examinations only if the heat of the department or agency
concerned issues regulations authorizing polygraph examinations, limited to
questions designed to ascertain whether the subject of the examination has
committed, is committing, or is about to commit espionage against the United
States, and if such regulations require:
"(1) that the head of the department or agency concerned certifies
that unauthorized disclosure of the information to which the employee,
detailee or applicant will have access reasonably could be expected to
result directly in the loss of --
"(A) human life;
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