RESPONSIBILITIES OF THE DIRECTOR WITH RESPECT TO INVESTIGATING POSSIBLE FEDERAL CRIMES OF AGENCY EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000100330009-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: January 24, 2002
• Sequence Number: 9
• Publication Date: August 23, 1966
• Content Type: MF

Approved For se 2002/05/17: CIA-R4~ 91 01 009 _ 3 .
OGC 66-1914
2 3 AUG 1966
OGC Has Reviewed
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT: Responsibilities of the Director with Respect
to Investigating Possible Federal Crimes of
Agency Employees
1. This memorandum is for information only and is in
response to your request for information on this subject.
2. The authority of a department or agency head to inves-
tigate any charge or suspicion of wrongdoing on the part of any of
its employees is inherent in his authority and responsibility to
operate his agency and to perform his mission. Basically this
would be an administrative investigation to determine if there is
any reason to believe there has been a violation of Federal law
which would then be referred to Justice for further action. Further,
by these means, an agency head determines upon appropriate dis-
ciplinary action if warranted. The Director of Central Intelligence,
in addition, has the statutory responsibility for protecting intelligence
sources and methods from unauthorized disclosure, which includes
responsibility to determine and investigate situations involving
possible disclosure.
3. Under Section 311a of Title 5 of the U. S. Code, the
Attorney General and the Federal Bureau of Investigation have
authority to investigate any violation of the U. S. Criminal Code
involving Government officers and employees. The statute confers
this authority, notwithstanding "any other provision of law, and
without limiting the authority to investigate any matter which may
have been" conferred upon any other department or agency. The
statute further provides that any information received in a Govern-
ment agency relating to violation of Federal law by Government
employees shall be expeditiously reported to the Attorney General.''
Generally, administrative investigations by agencies of their
employees which turn up indications of possible violation of Federal
law is the first step and it is then reported to the Department of
Justice.
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4. The inherent authority and responsibility of an agancy
.head and the specific statutory responsibility of the Department
of Justice and the FBI are overlapping and, theoretically, could
be in, conflict. In practice, however, with the specific statutory
responsibility running to Justice and the FBI, if they are conduct-
ing active investigations, the employing agency would be re-
quested to desist from actions or investigations which possibly
would alert the employee to the fact of an investigation. Certainly,
there is no statute requiring the Director of Central Intelligence
to proceed with an investigation of an Agency employee simul-
taneously with an FBI investigation. On the other hand, we do not
believe that the Director would be negligent in the discharge of
his responsibilities by complying with the Bureau request to de-
sist from an Agency investigation pending completion of an FBI
investigation. The one exception in this regard would be the case
where protection of intelligence sources and methods were in-
dicated, but as we understand the situation this is not present in
the current case. Were such factors present, this is a matter
that would have to be examined in the light of the facts as they
existed to work out appropriate actions with Justice and the FBI.
5. This situation has been discussed with a representative
of the Criminal Division of the Department of Justice, whose views
are in accord with the above. He stated that their concern is that
actions by an employing agency potentially could lead the employee
to take steps which might seriously hamper the FBI investigation and
the possibility of successful prosecution. The Justice Department
representative also advised that where possible without alerting
the employee, arrangements are made to assign the employee to
other duties while the FBI investigation is in process. Further,
the Department of Justice atempts to work closely with the depart-
ments, so as to put the employing department in a position to issue
a press release or to terminate or suspend or take other appropriate
action at the time of indictment or other public action by the
Department of Justice.
6. In summary, Justice and FBI have primary responsibility
by statute for investigation of violation of Federal law by govern-
ment employees. Where the FBI is investigating such matters and
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requests the employing agency to desist from investigation,
there is no statutory requirement for the agency head to in-
vestigate administratively nor would such agency head be in
dereliction of his legal responsibilities by complying with the
FBI request.
ting Ge eral Counsel
cc: Inspector General
25X1A
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