LETTER TO THE HONORABLE THE ATTORNEY GENERAL DEPARTMENT OF JUSTICE FROM ALLEN W. DULLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000700170119-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: September 22, 2006
• Sequence Number: 119
• Publication Date: October 12, 1953
• Content Type: LETTER

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r-12 1953
The Hono ruble
The Attorney Generrl
Departs ent of Justice
y= ashington 25, D. U.
Dear her. Attorney General:
A question has arisen in connection with the administration of
the Agency's errployee security program on which I would appreciate
your opinion.
I have issued regulations establishing security hearing stand-
ards and procedures for the Central Intelligence Agency. These regu-
lations are based on authorities in the Act of August 26, 1950, and
those vested in me by the National Security Act of 1947 and are de-
signed to carry out the security program of the President as set forth
xecutive Order 10450. The Regulation provides, in accordance
with the President's program, for appointment by me of Security Hear-
rda from the Roster maintained by the Civil Service Commis-
*ion, except in cases where special security considerations of this
Agency prevent an outside hearing. Such cases are processed Innter-
n.all.y under other regulations established by me.
The question presented is whether a case may be referred to a
Board chosen from the Roster for hearing and recommendations to me
without first suspending the employee concerned. I have in mind sev-
eral cases, but one in particular where the employee concerned has
been on duty for some period of time after :. full field investigation,
con.-pleete review by our Security Office, and security approval in ac-
cordance with our regulations which apply to all employees of the
Agency. No additional information other than that considered by us
at the tir ee of his original clearance has been received, but allegations
have been made about the individual which make it imperative that his
case have the most complete and impartial review that can be obtained
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under the ?resident's program. It would appear completely inconsistent
for me to suspend the employee under these circumstances, and I have
carefully reviewed the case and have determined that suspension is not
necessary or desirable in the interests of national security. I am not
only willing to have all the information reviewed by outside, impartial
persons of proper qualifications, but believe it essential under the cir-
cumstances to have such a review and re-evaluation.
The Act of August 26, 1950, gives the head. of the agency absolute
right to suspend or not in any case to be reviewed under that Act, but
it then proceeds to set certain requirements for notice and hearings if
suspension is directed. I believe this is a necessary and proper pro-
tection for a suspended employee and that the statute was so worded to
require this protection, but it appears to me that the spirit of Execu-
tive Order 10450 implies that the protection should run also to the Agency
so that the head thereof can obtain the objective advice of an impartial
board. I find nothing in the Act of August 26, 1950, or the Executive
Order which forbids reference to a board under these circumstances,
and it appears to me to be a highly proper and, in some instances, neces-
sary procedure. This, in fact, seems to be the purport of Section 5 of
the Executive Order, which provides that following receipt of derogatory
information and prior to suspension under authority granted. in paragraph
"
th Od th hdfh
erer,eea o eac agency " ... shall review, or cause to be
reviewed, ... the case of such... employee, .' (Emphasis added)
Based on the foregoing. I feel it is quite proper to appoint a Board
from the Civil Service Roster to consider the case of an employee who
has not been suspended. If you do not agree that this is permissible
he 1950 Act, the Central Intelligence Agency regulation is based
also, as mentioned above, on Section 103(c) of the National Security Art
"
1947hihthi
, wc auorzes me in my discretion to terminate the employ-
of any officer or employee of the Agency Whenever I deem such
termination necessary or advisable in the interest of the United ?tates,
"here are no limitations in the Act on the exercise of this discretion,
but previous Directors of Central Intelligence and I have generally fol-
lowed the practice of taking action only after a review and recommendations
by an impartial Board. i rom the time this authority was granted, cases
have been processed internally with review by boards drawn from among
the top officers of the Agency. However, on establishment of a Civil
vice Roster for security Hearing Boards, I decided that in certain
cases and where security would permit outside review the principles
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set forth in, the Executive Order would best be met by having a Board
drawn from this Roster to review and recommend to me on the exercise
of discretion under the 1947 Act, as well as the 1954 Act.
I could equally well meet the requirement for impartiality of re-
view by choosing boards from qualified people outside of the Govern-
ment to review and recommend as might be appropriate, but where the
procedures under the Executive Order are consistent with our security
and other requirements, I wish, of course, to have recourse to them.
In any case, the responsibility for suspension or termination. --s
mine alone under the 1947 Act, the 1950 Act, and l:".xecutive Order 10450.
Clearly, there is no requirement for suspension under the 1947 Act, but
when there is a determination that employees should be suspended our
regulations provide for a statement of charges and board review. Con-
sequently, I feel there is no basis for a claim either by the employee
concerned or by anyone taken from the Civil Service Roster to serve on
a `ecurity Hearing Board that such a Board is not properly constituted
solely on the ground that the subject of the case has not been suspended
by me.
incerely,
Alien W. Dulles
Director
OGC:TMF:LRH:imm
Rewritten by A :meo (12 Oct. '53)
cc: DCI (2)
Director of Security
OGC (2)
A-DD/A
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