[OBJECTIVES WERE RAISED WITHIN THE AGENCY BY THE DIRECTOR OF TRAINING]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100160032-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: April 28, 2003
• Sequence Number: 32
• Publication Date: December 3, 1963
• Content Type: MISC

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DRAFT
OGC/3MC:mmm. (3 Dec 63)
Objectives were raised within the Agency by the Director
of Training to the following provision of the actlas inconsistent
with cover and security arrangements necessary to the operations
of the Agency, and in conflict with the exemptions from laws
requiring the publication or disclosure of the organization,
functions, names, official titles, salaries, or numbers of
personnel employed by the Agency provided under Section 7 of
the Central Intelligence Agency Act of 19+9:
a. Section 2(2) S. 385 is in conflict because
Section 7, P.L. 110, specifically excludes
the Congress of the United States from
receiving reports from the Bureau of the
Budget which disclose the functions of CIA.
b. Section 2(1+) S. 385 by implication
would give the Civil Service Commission a
"need to know" with respect to the senstive
operations of the Central Intelligence Agency
if the Commission is to effectively promote
and coordinate the training operations of
the Agency. . . .
c. Section 5. Since the training
needs and requirements of the Agency
are directly related to the functional
responsibilities of the operating com-
ponents, the provision of information to
to Civil Service Commission concerning
the training needs and requirements of the
Agency would of necessity involve providing
information concerning the functional
activities of CIA.
1
Objectives exerpted from a Memorandum for the General Counsel
from the Director of Training, dated 16 July 1958
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d. Section 6. Should the Agency be subjected
to the training regulations of the Civil Service
Commission, the security of the Agency's training
activities would be seriously impaired and the
terms of reference specified for the type of
regulation to be issued by the Commission in
section 6 would pose unacceptable operational and
administrative restrictions on the Agency's
training effort. . . . It would be impracticable
and insecure to attempt any degree of uniformity
in the Agency's training activities, plans,
or programs with programs of training required
by other departments of the Government, since
no other department of the Government has a
mission comparable with that of CIA. . .
e. Section 8. This section of the act
provides, among other things, for the utilization
of the training program of Government facilities
under the jurisdiction or control of other
departments and agencies. Since the Agency's
training programs cover methods and techniques
peculiar to intelligence operations, to
authorize by law that other agencies might uti-
lize CIA's training programs would clearly
violate the "need to know" principle and
conflict with the responsibilities of the
Agency to protect the unauthorized disclosure
of information pertaining to the foreign
intelligence activities of the United States.
f. Both sections 9b and 9c are in
conflict with the provisions of Section 7,
P.L. 110, for different reasons. Sound
security practices followed by CIA dictate
the necessity for careful compartmentation
within the Agency, and such practices would
preclude the Agency from carrying out the
provisions of section 9b. . . .
g. The limitations on training of
employees through non-Government facilities
imposed by section 12 of S. 385 would be
totally impracticable from the standpoint
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sent to the Civil Service Commission for inclusion
in overall reports to the Congress. I believe
that disclosure of the information which would be
required if the Agency were not excepted would
adversely affect the national interest and the
operations of CIA. Further, such disclosure would
conflict with my responsibility under Section
102(d)(3) of the National Security Act of 1947,
as amended, ". . for protecting intelligence
sources and methods from unauthorized disclosure."
Certain of the reporting requirements are
additionally ii conflict with Section 7 of the
Central Intelligence Agency Act of 1949, as
amended, which further implements Section 102(d)
(3) of the National Security Act of 1947,
as amended.
The Agency has carefully considered
the specific provisions of Public Law 85-507,
and I recommend Presidential exception be
secured in accord with the enclosed draft
directive. . . .
On 17 September 1963 Roger W. Jones, Acting Director, Bureau
of the Budget, replied. He agreed in principle that the
Agency should be exempted from some provisions of the act;
however, he requested modifications of the Agency requests
regarding Sections 5, 7, 8, 9(b), 19(c), 23(a).
Inasmuch as these modifications were not unreasonable
and did not materially alter the fundamental exceptions which
the Agency desired, the Director1 by letter of 4 October 19582
accepted the suggested modification with the understanding
Memorandum for Deputy Director (Support) from Legislative Counsel
2Letter from Director of Central Intelligence to Acting Director,
Bureau of the Budget
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that for purposes of Sections 21(a) and 23(a) the Agency would
be "continuing" its training program rather than "establishing"
a new program.
The Bureau of the Budget subsequently submitted the
proposed Presidential Directive to the Civil Service
Commission for comment. The Chairman of the Commission
replied that the proposed exemptions from Sections 6, 141-,
and 16 of the Act seemed unnecessary; that exemption from
only a portion of Section 7 would effectively remove the
Agency from Commission regulations issued under authority of
Section 6; that the exemption from Section 10 should read:
It so much of section 10 asprovides, in accordance with
regulations issued by the Commission under authority of
section 6(a)(8)"; and that the exemption from Section 11
be from the whole section rather than a portion thereof.
When these comments were forwarded to CIA+ Mr. Houston2
replied on behalf of the Agency. He agreed to the change
of wording regarding Section 10, to the suggestion that
.no exemption be requested from Section 14, and to the
suggestion that an exemption be taken from all of Section 11.
In the interest of clarity, he urged retention of the
exemptions from Sections 6 and 16.
1Letter from Arthur B. Focke, General Counsel BOB, to Director
Central Intelligence Agency, dtd 15 January 1958
2
Letter to Arthur B. Focke, General Counsel, BOB, from Lawrence R.
Houston, dtd 22 Dec ember 1958
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In discussions with the Department of Justice in January
objection was made to the requested exemption to Section 19(d).
By letter of 21 January 19591 CIA accepted the deletion of
Section 19(d) from the draft Executive Order. On
18 February 1959 President Eisenhower signed Executive Order 10805,
"Designating the Central Intelligence Agency as Excepted
From Certain Provisions of the Government F3nployees Training
Act." The critical language of the order read as follows:
Section 1. The Central Intelligence Agency
is hereby designated as excepted from the
following-described provisions of the Government
Employees Training Act:
(a) Sections 2(1+), 6, 9(b)(1), 11, 12,
15, 16, and 18.
(b) The last sentence of section 5.
(c) That part of section 7 which reads
"shall conform, on or after the effective date
of the regulations prescribed by the Commission
under section 6 of this Act, to the principles,
standards, and related requirements contained
in such regulations then current,".
(d) That part of section 10 which reads
"in accordance with regulations issued by the
Commission under authority of section 6(a)(8)."
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