POSSIBLE RESTRICTIONS ON UNOFFICIAL TRAVEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000400080016-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: April 28, 2005
• Sequence Number: 16
• Publication Date: August 31, 1976
• Content Type: MF

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CENTRAL INTELLIGENCE AGENCY
WASH 1 NGTGN, D.G. 20505
OGC 76-4942
31 August 1976
MEMORANDUM FOR: Ralph Goldenberg, ERDA
Joseph Davis, FBI
DIA
FROM
Russell Munk, Treasury
NSA
Jeffrey Smith, State
1. This is by way of the followup to our meeting at CIA Headquarters
Building last month on this subject.
2. 1 am forwarding with this memorandum a memorandum on the subject
based on the conversations at that meeting. The memorandum is directed only
to answering the specific questions addressed to me by the Deputy to the DCI
for the Intelligence Community (D/DCI/IC), and which led to that conference
in the CIA Building. The memorandum is in general terms and does not go
into the matter of precisely what administrative remedies are available in each
agency, but indicates that there might well be a variety of options available.
3. If this memorandum is satisfactory to you, I would propose to forward
it to the D/DCI/IC and advise that representatives of the legal offices of the
Intelligence Community addressed this matter in response to the request to us 25X1
and that the memorandum represents the views of those offices. I certainly do
not need a formal concurrence in writing. Please advise by telephone
if this memorandum and approach is satisfactory or suggest any needed changes.
25X1
Attachment
OGC: RHL: dmh
Dist ibution:
riginal - OGC SUBJ: '.TRAVEL (ni)
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1 - RHL Signer
1 - Chrono
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1. What restrictions can be legally placed on unofficial travel of
employees having access to certain categories of extremely sensitive informa-
tion on sources and methods of Sensitive Compartmented Information? In
particular, may restrictions be placed on the unofficial travel of such
persons to countries or areas where there is danger of compromise of the
information?
2. By way of general background to the questions, it may be noted that
there is Supreme Court law upholding the authority of the Government to
restrict travel on national. security grounds. It is clear, again from Supreme
Court decisions, that United States citizens have a constitutional right to
travel abroad--freedom to travel is an element of the liberty of which citizens
cannot be denied without due process of law. But the due process require-
ments do not mean that no restrictions may be imposed on foreign travel. For
example, and relevant to these questions, A he court has upheld the authority
of tha pCretary of State to refuse to .'2lidat p spot+. for tray l to + ;
t.. u.ss o to ti a v ci to certain
areas when he has concluded that such travel "might involve the Nation in
dangerous international incidents.
3. It would appear legally permissible therefore for agencies to adopt
regulations prohibiting travel to hazardous areas by employees who possess
Sensitive Compartmented Information or other national security information.
That is, it would not be beyond the authority of agencies to adopt such regula-
tions. Clearly there is a direct relationship between the functions and missions
of the agencies and any such regulations--the need to protect the information.
4. The enforceability of any such regulation would vary in different
situations, and perhaps among the agencies, but there would be no need to
refrain from adopting regulations merely because the means and authority
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for enforcement might not be uniform. In some instances, agencies could
request compliance; in some cases, employees could be reassigned to other
duties where access to Sensitive Compartmented Information is no longer
needed. - A department's regulations could provide for administrative
sanctions, such as suspension or dismissal. In some cases, suspension or
dismissal might be in order even without express provision to that effect in
the departmental travel regulations. Regulations could provide for a Travel
Agreement, modeled on the secrecy agreements and founded on the Marchetti
decisions.
5.. As a practical matter, therefore, any of various administrative
approaches could be utilized to enforce compliance.
6. Ultimate enforceability in the courts of course cannot be certain.
But with a strong factual situation--such as well-known current practices of
a country of detaining such persons and forcibly extracting information from
them, in a period of tense relations between that country and the United
States--it would seem quite possible that the courts would uphold the regula-
tions and the sanctions enforcing them.
7. In sum, it is believed that agencies may restrict the unofficial
travel of employees who possess extremely Sensitive Compartmented
Information, that administrative sanctions may be imposed and that there is
basis to believe such sanctions would be upheld by the courts.
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 ----IfetN~TilR~ll
ros~d- 3:
UNCLASSIFIED ONIO$FIDENTIAL
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
SECOM Members
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
Attached is the proposed position on
duty and travel restrictions that is
in coordination now among the lawyers.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO. DATE
a Security Committee, 7C35 CIA Hq 10/12/7
A ro
D E
_
I
UNCLASSIFIED CONFI
(40)
0016-4
FORM 110. 27 Use previous editions
1_A L I