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White House Staff Memoranda - Personnel (3)
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White House Staff Memoranda - Personnel (3)
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James Baker's Memorandums
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Baker, James A.: Files Folder Title: [ACTION] Action/Peace Corps (2) Box: 01 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ WITHDRAWAL SHEET Ronald Reagan Library BAker, JAmes A. III. Collection: HODSOLL, FRANCIS (FRANK) S.M.: FILES Archivist: kdb/bcb F99-016 File Folder: [Action] Action/Peace Corps [2] Date 7/9/99 [ACTION] ACTION/ OA 9108 Boxl DOCUMENT SUBJECT/TITLE DATE RESTRICTION NO. AND TYPE 1. memo Frank Hodsell to Ed Meese re: Peace Corps 7/8/81 Separation, 1p. 10/31/20/00 RESTRICTION CODES Presidential Records Act [44 U.S.C. 2204(a)] P-1 National security classified information [(a)(1) of the PRA]. Freedom of Information Act [5 U.S.C. 552(b)] P-2 Relating to appointment to Federal office [(a)(2) of the PRA]. F-1 National security classified information [(b)(1) of the FOIA]. P-3 Release would violate a Federal statute [(a)(3) of the PRA]. F-2 Release FOIA]. could disclose internal personnel rules and practices of an agency [(b)(2) of the P-4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA]. F-3 Release would violate a Federal statue [(b)(3) of the FOIA]. P-5 Release would disclose confidential advice between the President and his advisors, or F-4 Release would disclose trade secrets or confidential commercial or financial information between such advisors [(a)(5) of the PRA]. [(b)(4) of the FOIA]. P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of F-6 Release FOIA]. would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the the PRA]. F-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of C. Closed in accordance with restrictions contained in donor's deed of gift. the FOIA]. F-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]. F-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]. WITHDRAWAL SHEET Ronald Reagan Library Collection: HODSOLL, FRANCIS (FRANK) S.M.: FILES Archivist: kdb/bcb F99-016 File Folder: [Action] Action/Peace Corps [2] Date 7/9/99 OA 9108 DOCUMENT SUBJECT/TITLE DATE RESTRICTION NO. AND TYPE 1. memo Frank Hodsell to Ed Meese re: Peace Corps 7/8/81 P5 Separation, 1p. RESTRICTION CODES Presidential Records Act [44 U.S.C. 2204(a)] Freedom of Information Act [5 U.S.C. 552(b)] P-1 National security classified information [(a)(1) of the PRA]. F-1 National security classified information [(b)(1) of the FOIA]. P-2 Relating to appointment to Federal office [(a)(2) of the PRA]. F-2 Release could disclose internal personnel rules and practices of an agency [(b)(2) of the P-3 Release would violate a Federal statute [(a)(3) of the PRA]. FOIA]. P-4 Release would disclose trade secrets or confidential commercial or financial information F-3 Release would violate a Federal statue [(b)(3) of the FOIA]. [(a)(4) of the PRA]. F-4 Release would disclose trade secrets or confidential commercial or financial information P-5 Release would disclose confidential advice between the President and his advisors, or [(b)(4) of the FOIA]. between such advisors [(a)(5) of the PRA]. F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of FOIA]. the PRA]. F-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]. C. Closed in accordance with restrictions contained in donor's deed of gift. F-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]. F-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]. THE WHITE HOUSE WASHINGTON July 8, 1981 NOTE FROM: FOR FRANK ED MEESE HODSOLL frank SUBJECT: Peace Corps Separation Attached is Tom Pauken's memo. I checked with him today, and he is still of the opinion that we should acquiesce in the ACTION/Peace Corps divorce, but would delay the effective date to October 1, 1982, to allow for an orderly transition. While I think the origins of this Congressional action are highly suspect, I doubt we want to veto the State Department authorization for this purpose. For these reasons, I think we should go with Pauken's suggestion. If you agree, we can lay on the necessary actions. JAB agrees. AGREE DISAGREE ATTACHMENT AGENCY THE ACTION FOR ACTION SERVICE WASHINGTON, D.C. 20525 OFFICE OF THE DIRECTOR June 19, 1981 MEMORANDUM To: From: Tom Pauken James A. Baker, Paufen Tom Subject: Peace Corps Separation The Senate, Wednesday, voted 52 to 45 to separate the Peace enactment. Corps from the ACTION agency effective immediately upon The companion bill in the House is due to get a Rule next week and a Floor vote is expected in Mid-July. Today, Loret Ruppe told a press conference held in junction with the Peace Corps Conference, that she expects con- the President is to support Peace Corps autonomy, even though this in conflict with the President's position. Because the Senate amendment is in the State Department authorization, and a veto is unlikely, a way to resolve this the the separation. That would give all concerned time to absorb for situation would be to set an effective date of October 1, 1982, impact. changes and achieve autonomy with the lowest possible budget It is important to make clear that the separation will no way hamper ACTION's ability to cooperate with international in be volunteer organizations and programs. Furthermore, it should clear that ACTION will continue to be the designated lead ment. agency for volunteer service and programs for the Federal Govern- If this is acceptable to the White House, the the amendments can be offered when the autonomy issue comes necessary up in House in mid-July. Draft language is attached. P.S. The National Peace Corps Conference was not set by the "previous Administration. " It was organized up by the Senator Tsongas, Robert Mugabe, Sergeant Shriver, and present Peace Corps leadership after I had stopped it. Peace Cardinal Kim as speakers were initiatives of the present Corps leadership. PEACE CORPS VISTA UNIVERSITY YEAR FOR ACTION NATIONAL CENTER FOR SERVICE LEARNING FOSTER GRANDPARENT PROGRAM RETIRED SENIOR VOLUNTEER PROGRAM SENIOR COMPANION PROGRAM Attachment DRAFT AMENDMENT TO LANGUAGE OF S. 1193, TITLE VI, "PEACE CORPS AUTONOMY" Sec. 602. Effective October 1, 1982, the Peace Corps shall be an independent agency within the executive branch and shall not be an agency within the ACTION agency or any other department or agency of the United States. Nothing in this Title shall be construed to prevent ACTION's participation and cooperation with international volunteer organizations, programs and services. Further, nothing in this Title shall be construed to in any way limit ACTION's designation as the lead agency for volunteer service of the Federal Government. Assault on World Hunger Begs for U.S. Attention 1star181 World hunger is one of those is- priority of his administration. It isn't lumbering, docile beast waiting to it was perceived as unfortunate but sues that only "do-gooders" (read lib- even an issue. be led. On the contrary, the Ameri- part of the inevitable inequity of the erals) are supposed to be concerned Recently I asked one of the Reagan can people have over and over again human condition which would al- with. Anyone who thinks that we people moving into Washington taken the lead and made things hap- ways be with us. can or should actually do something what he thought about the new ad- pen that were not in anyone's master So, too, in the early 1960s the pub- about the world's starving millions ministration's interest in world hun- plan. lic debate about America's is either idealistic, foolish or both. ger. He thought it was a nice idea, In the early 1950s, the issue of civil involvement in the war in Vietnam Nothing wrong with sending a few but that there were more important revolved around victory or defeat. dollars to assuage a guilty con- rights in the United States was not priorities for the new administra- tion to address. Furthermore, he in- the focus of attention of opinion The question of the legitimacy of our science, but unfortunately, that's about all that can be done. sisted that Republicans, as opposed leaders, and it certainly wasn't on involvement had not been raised, the list of America's national prior- except by a very few. It's hard to As a result of this common percep- to Democrats, don't generally sub- scribe to the "Impossible Dream" ities. There were a few people deeply imagine now, but two years before tion that hunger is inevitable, there theory of government. concerned about the problem, but Dr. Martin Luther King spoke out is little activity or excitement for the the fact that millions of American against the war I was thrown off the creation of programs to end it. On a But, in fact, the elimination of citizens were treated as sub-human payroll at my own civil rights orga- list of the top ten or 20 policy prior- death by starvation may no longer did not really register, or if it did, nization in 1965 for my opposition to ities for the United States, it doesn't be an "impossible dream." In the past it. A year later that organization even show up. No one asked a ques- two years, no fewer than three stud- came to the same conclusion. And a tion in last fall's presidential debates ies by recognized groups of experts few years later there was national about world hunger. President Rea- have stated clearly that it can consensus. gan hasn't proposed that the elimi- bedone. They are not only do-gooder Now, in the early 1980s, the issue nation of death by starvation be a Democrats. Even the Heritage Foun- of world hunger is in very much the dation, that fountain of conservative same place. A small number of con- Mary King was Deputy Director of thinking, said recently in a report cerned and committed people are or- to the new president, "There is now ACTION, the U.S. agency housing the ganizing. Some of them are doing it the scientific knowledge and institu- Peace Corps and VISTA. by working with elected officials; tional arrangement which makes it others by speaking out in schools possible to overcome hunger, not and churches; and an increasing only in the United States but number are taking direct action throughout the world. This can be through private organizations, or by done within the lifetime of people volunteering for the Peace Corps or now living, if there is the political VISTA. will to do so." It will require much more. It will Clearly, if it is to happen, the issue require the kind of spark that made of hunger must be included in our Rosa Parks 25 years ago refuse to sit national agenda. But remember that in the back of the bus in Montgom- this agenda is not necessarily a func- ery, Ala. It will require the kind of tion of what those in power say it indignation finally brought on by should be. It may or may not be re- America's involvement in Vietnam. flected in President Reagan's master And most definitely, it will require plan. a recognition that it is simply not ac- What, then, would it take to make ceptable to have a world in which what is now a possibility into a re- 28 human beings die of starvation ality? The American public is not a Starving Cambodian child each minute, every day. 1 Peace Corps Washington, D.C. 20525 Nuch Person take Ris to white Nouse N N.W N you I udy Call moestA 436-2174 when you yet Run. Are well exchange This for original ae. n.w. n.W.gate gate West Wing CHRONOLOGY Feb. 13 Loret M. Ruppe nominated. Feb. 24 Thomas W. Pauken nominated, name submitted to Senate. March 16 Cranston Letter to Loret M. Ruppe March 17 LMR memo to Powell Moore, Tom Pauken re Cranston letter March 18 Letter to Cranston from Loret Ruppe and William Sykes Mar. 19 Bastian letter to Pam Turner W. copy of 3/18 letter. March 20 Follow-up letter to Senator Cranston. make 26 CRanston nate to 6 MR. April 2 Sen. Percy letter to Friedersdorf and Fielding (2). April 3 Meeting -- Loret M. Ruppe, Al Cook, Fred Fielding and Letter to Fred Fielding from Loret M. Ruppe Letter to Sen. Percy from Friedersdorf. Letter to Sen. Percy from Fielding. Letter to Sen. Percy from Robert M. McNamara. April 7 Pauken nomination reported, Senate Foreign Relations Committee. April 9 Second letter from Robert M. McNamara to Sen. Pell and Sen. Cranston. April 15 Carrier Article, Washington Star. April 16 McGrory Column, Washington Star. April 22 Star editorial supporting Pauken. April 24 Dave Scotton met with Fred Fielding. April 27 Loret M. Ruppe letter to Star editor published. April 27 Friedersdorf letter to Percy re: cost of separation. April 28 Loret M. Ruppe confirmation hearing. May 1 Star published letters from Cranston and Dellenback. May 2 News Article, Human Events March 16, 1981 Ms. Loret Ruppe Director-Designate of the Peace Corps 806 Connecticut Avenue Washington, D. C. 20525 Dear Loret, In anticipation of your confirmation hearing before the Foreign Relations Committee, I would appreciate it very much if you would provide me with a description of the history and development of the policy of separation of the Peace Corps from the intelligence- gathering functions and agencies of the United States Government and a description of how that policy of separation has been applied throughout the history of the Peace Corps with particular reference to Peace Corps staff and volunteer applicants and distinctions between absolute bars and case-by-case determinations, including identification of the units or branches of the Peace Corps that have been and are responsible for application of the policy and what factors are considered in case- by-case determinations. I would also like to know your views on the importance of continuing this policy and on any changes you propose to consider in it or its application. I appreciate very much your assistance and cooperation in this matter, and request a reply by close of business March 18 if at all possible. Cordially, Alan Alay Cranston March 17, 1981 IDRANDUM FOR POWELL MOORE TOM PAUKEN FROM: Loret Miller Ruppe SUBJECT: Attached Letter from Senator Cranston I have received the attached letter from Senator Crarston which appears to be part of his effort to hold up Tom's confirmation process. I do not want to respond to the Denator's inquiry, but I will be guided by your suggestions. No doubt I will be grilled on these issues at my confirmation hearing, but we will address that at the time. Hopefully Tom's nomination will have been cleared bnythen. (I don't think a joint appearance would be helpful if it can be avoided.) Would you prefer that we simply not acknowledge this inquiry from Cranston, or should we tell the Senator's staff that nooresppnssewWillbbef6otbhoming? Attachment FARRAND:RUPPE:sss:3/17/81 CC: Subject Alphabetical Chron LaForge Peace Corps Honorable Alan Cranston United States Senate Washington, D. C. 20510 Dear Alan: I appreciated very much your writing to me personally on March 16. I would like to have responded in the same manner; however, my current status with Peace Corps until my confirmation is that of student volunteer. For that reason and for legal purposes, I have asked Bill Sykes, Acting Director of Peace Corps, to co-sign this letter. I do want to thank you for your interest in Peace Corps. I look forward to our working together in the future. Sincerely yours, Jose M. Cuppe Loret M. Ruppe Director-Designate Enclosure Peace Corps Washingt D.C. 20505 Director Honorable Alan Cranston United States Senate 229 Russell Senate Office Bldg. Washington, D. C. 20510 Dear Senator Cranston: I have received your letter concerning Peace Corps' policy of maintaining separation between the agency and the intelli- gence gathering functions of the government. The current policy evolved from the original rule adopted by former Director Sargent Shriver. This rule barred any former CIA employee from ever working for the Peace Corps in any staff or volunteer capacity. It also barred former employees of other intelligence agencies from Peace Corps employment or volunteer service if their intelligence work occurred within the previous 15 years. With minor modifications, the basic concepts of separation between the Peace Corps and the intelli- gence community have been successfully applied for 20 years. In 1970, former Director Blatchford extended the prohibition to anyone who had ever had "any CIA connection". This was presumed to include persons who had engaged in contract work or other activities with the CIA, but who were not formally employed by that agency. At the same time, the 15-year quarantine for persons who had received intelligence training or engaged in non-CIA intelligence activities was modified to 10 years. Volunteers The intelligence policy as it applies to volunteers is codified in Peace Corps Manual Section 201 which was most recently revised in May, 1973. Manual Section 201 states that to be eligible for Peace Corps service, an applicant must: 5. Have no connection with the Central Intelligence Agency; a. Any person who has ever had any Central Intelligence (CIA) connection is auto- matically disqualified from Peace Corps service. Honorable Alon Cranston United Stat S Senate page 2 S Any person with other intelligence training crivho has done intélligence work within the past ten years is also disqualified from Peace Corps service. A person who was involved in intelligence activity (other than CIA) more than 10 years ago will be referred to GC which will determine if the nature of that activity was sufficient to warrant disqualification. C. Any question as to whether an activity constituted an intelligence activity under these guidelines will be referred to GC. The criteria used to determine whether the 10-year bar sho in a particular case are: (1) Was applicant's involvement sufficiently extensive to create the impression of career service which may not have been terminated? (2) Was the applicant's previous position in the intelligence field a prominent one (i.e., would he or she be likely to be known as an intelligence official) ? (3) Did the applicant serve overseas while in the intelligence field? (4) What was the nature of the individual's involvement? (e.g. persons involved in covert action would probably be permanently barred). Peace Corps Staff In July 1975, the intelligence policy as it applies to staff positions was codified for the first time in an internal regulation, Manual Section 643 which remains in effect today. Manual Section 643 was intended to carry forward the then existing policies and to clarify their application to positions with ACTION which related to both domestic and international programs. The regulation contains an absolute prohibition applicable to persons with previous CIA employment. It continues the 10-year quarantine for persons having non-CIA intelligence backgrounds and who were seeking employment in the Peace Corps. Nonorable Alan Cranstin United States Senate paga Unlike the regulation applicable to volunteer service, Verual Section 643 makes evp oyee applicants automatically eligible upon the expiration of 10 years following their last intelligence involvement. However, as a matter of practice the Peace Corps would look bavond the 10-year bar if an applicant's intelligence background was particularly extensive or involved covert activities. ACTION Staff At the time of the merger of Peace Corps and domestic volunteer programs under the ACTION umbrella, an attempt was made to apply the intelligence policy to all ACTION positions. It was quickly realized that this was unnecessary because most domestic positions had no relationship to the Peace Corps mission. Its application was then limited to Peace Corps positions and to positions in ACTION offices having a direct and important relationship to operations under the Peace Corps Act. Manual Section 643 applied the policy to ACTION positions as follows: d. Any person whose application to a position within ACTION reveals a CIA employment or intelligence activity within the past ten years, and whose application refers to a position other than a position in ACTION's Office of International Operations, but which position nevertheless has a direct and important relationship with opera- tions under the Peace Corps Act, may be barred from consideration for that position. With respect to paragraph a., any such application shall be referred to the General Counsel on a case-by-case basis. A committee was established by the regulation consisting of representatives from the General Counsel's Cifice, the Peace Corps and the domestic programs. The ora eria for determining eligibility in such cases is the extent and nature of the non-CIA activity or training and the identification with Peace Corps operations of the ACTION position being sought. Under Executive Order 12137, while the Peace Corps enjoys autonomy from ACTION, the latter still performs many support services such as recruitment and public affairs, for the Peace Corps. Thus, the policy contained in Manual Section 643 with respect to ACTION positions continues to be relevant. Nonumble Alan Cranston United States Serate page 4 I hope this information fully answers your concerns about the Peace Corps intelligence policy. I believe the continued separation of Peace Corps and the intelligence functions of our government is critical to the success, credibility and safety of our overseas volunteers. If confirmed as Director, I intend to enforce the policy strictly, as has been done for the past two decades. It would be premature for me to suggest any modifications to the existing policy at this time. However, before considering any changes in the policy, we would seek the advice of a wide range of people, including members of the Ongressional Committees with oversight responsibility for the Peace Corps. Sincerely, Local M Puppe William G. Sykes Loret M. Ruppe Acting Director Director-Designate 981 Ms. Pamela Turner Special Assistant for Legislative Affairs The White House Washington, D. C. 20500 Dear Pam: Attached is the letter from Peace Corps to Senator Cranston in response to his intelligence inquiry. I very much appreciated the attention you and Powell Moore gave this matter during our telephone conversation last evening. As I indicated at that time, it remains vital that we keep lines of communication open. To that end, please do not hesitate to contact me or Loret should you have any questions or concerns about Peace Corps. As it stands, we remain indebted to you and Powell for your help and support. Loret joins me in sending special best wishes to you both. Sincerely, Kenneth H. Bastian Executive Assistant to the Director-Designate March 20. 1041 Honorable Alan Cranston United States Senate Washington, D. C. 20510 DATE Dear Alan: In your letter of March 16, 1981, you asked certain ques- tions concerning Peace Corps policy with respect to the employment of individuals with babhekground in intellig In my reply of March 18, 1981 I attempted to respond to DATE your questions, which I took to reflect your general con- cern that our present policies in this area be continued. As you know I too wish to continue those policies. SIGNATURE Your letter appeared aimed at questions of interest to my confirmation process, and I was therefore dismayed to learnate that my response has been interpreted as having some relevance to the President's nomination of Tom Pauken to Here.symbol Director of ACTION. I can assure you it was not so intended. I have, however, looked into the matter of Tom's nomination(NATURE and have concluded that nothing whatsoever in the rules of either agency concerning intelligence background would prepate clude his eligibility to serve as Director of ACTION. RTG. SYMBOL Lest there be any misunderstanding on this point, I want to state for the record that I fully support the President's SIGNATURE nomination of Tom Pauken. I believe that he is fully qualified to be Director of ACTION and will perform ably inate that role. I look forward to working with him in meeting the goals of our respective agencies. RTG. SYMBOL Sincerely, SIGNATURE DATE SYMBOL Loret Miller Ruppe Director-Designate SIGNATURE DATE LMRUPPE: 3/20/81 CC: Chron, Subject, Bastion OFFICIAL FILE COPY ACTION Form A-183 (rev 5/79) States Seviale WASHINGTON 11310 March 26, 1981 Ms. Loret Ruppe Director-Designate of the Peace Corps 806 Connecticut Avenue Washington, D. C. 20525 Dear Loiet, Many thanks for your letter of March 20. Please rest assured that I did not interpret your letter of March 16 to be intended to reflect upon Mr. Pauken's nomination, nor do I believe that the rules of either the ACTION Agency or the Peace Corps would legally preclude his eligibility to serve as Director of the ACTION Agency. CordialK Alan Granston N.C. JOSEPH JR., DEL. 5.1. HAYAKAWA. CALIF. JOHN GLENN OHIO RICHARD G. LUGAR INC. PAUL SALCANTS MD. CHARLES MCC MATHIAS JR.. MD. KANS Mnited States Senate April 2, 1981 Mr. Fred Fielding Counsel to the President The White House Washington, D.C. 20500 Dear Mr. Fielding: The Senate Committee on Foreign Relations at its business meeting yesterday morning favorably considered the nomination of Thomas W. Pauken to be Director of ACTION. However, some Members of the Committee expressed serious concern over Mr. Pauken's previous military intelligence experience and the possible problems his confirmation might create for the safety of Peace Corps volunteers. I am enclosing for your information a copy of the transcript of the March 25 nomination hearing and a copy of Senator Cranston's letter of March 30 to me. A copy of the transcript of the Committee business meeting of April 1 will be forwarded to you as soon as it is available. In an effort to resolve the concerns of these Committee Members, I request your views on the following issue raised during Mr. Pauken's nomination proceedings: Under the present ACTION/Peace Corps policy regarding hiring of personnel who have an intelligence background and taking into account Mr. Pauken's previous military intelligence experience, would Mr. Pauken be eligible to hold the position of Director of ACTION or any career position in ACTION? I further request that the Peace Corps General Counsel also provide the Committee with his independent legal judgment on the question listed above. 2 The Committee intends to fill report on the Pauken nomination by Monday, April 6. I would, therefore, appreciate receiving your responses no later than the close of business Friday, April 3. If you are not able to FOR comply fully with this gusst, please provide X the Committee ith whate er responses avail- able by that date. Thank you for your continued cooperation in this matter. Sincerely, nal July Charles H. Percy Chairman CHP:bga CC: Mr. Max Friedersdorf, Assistant to the President for Legislative Affairs Senator Claiborne Pell Enclosures CHARLES H. PERCY. ILL., CHAIRMAN HOWARD BAKER JR.. TENN. CLAIBORNE MELL R.I. DEL JESSE DG Meleo Senate 20510 April 2, 1981 Fred Fielding, Esquire Counsel to the President The White House Washington, D. C. 20500 Dear Mr. Fielding, With reference to the April 2 letter to you from Chairman Percy, please also provide the Committee with your views, and the independent legal judgment of the Peace Corps General Counsel, on the following issue raised during Mr. Pauken's nomination proceedings: Under the present Peace Corps policy and practice regarding persons with intelligence backgrounds and taking into account Mr. Pauken's previous military intelligence experience and association, would he be eligible to hold a position on the Peace Corps staff or to serve as a Peace Corps volunteer? Your response in the same time frame as to Chairman Percy's letter would be greatly appreciated. Sincerely, Pr. Claiborne Pell Alan Cranston Ranking Minority Member CC: Honorable Charles Percy Max Freidersdorf 1009-7 2. Fait officer. ongoing agency: 3. Finally Director of ACTION. Mr. Pauken has vircually no involver ni with day-to-day PeHce Comps operat The ACTION offices which provide support services in distate or influence Pence Corps policy. When Mr. Panken appeared before the Committee. be testified that "the Peace Corps should be kept separate from into ligence-related activities. I strongly support that policy and and in full compliance with the intelligence policy, as written vis-a-vis ACTION" lewring record. P. 10). Included in the appendix to the VIEWS of the Majority are correspondence between Chairman Percy and Fred Fielding. White House Counsel. Max Friedersdorf. Assista. P: Plant for Legislative Afairs and Robert McNumara. Ji.. Peace Come Gen- eral Counsel. Messrs. Fielding's. Friedersdorf's and cor- respondence indicate. inter alia. that according to ACTION Peace Corps policy regarding the hiring of personnel who have an intelli- gence background, Mr. Panken would be eligible If hold the posit on of Director of ACTION or any career position in A TION. Consequently. since Mr. Pauken meets the requirements of the ACTION/Peace Corps regulations pertaining to the service of ACTION personnel with previous intelligence expe rience. and taking into account Mr. Panken's strong support for maintaining the sepa- ration of the Peace Corps from any intelligence-related activities. a majority of the Members of the Committee have concluded that Mr. Pauken is qualified to serve as the Director of ACTION. U.S. SENATE. COMMITTEE ON FOREIGN RELATIONS. Washington, Mr. MAX FRIEDERSDORF. Assistant to the President for Legislative Affairs. The White House. Washington. D.C. DEAR MR. FRIEDERSDORF: The Senate Commitee on For ign Rela- tions at its business meeting yesterday morning favorably onsidered the nomination of Thomas W. Pauken to Le Diretcor of ACTION. However, some Members of the Committee expressed serious concern over Mr. Panken's previous military intelligence experience and the possible problems his confirmation might create for the for of Peace 5 enclosing for your information a copy of the the Man nomination hearing and a copy of Senator soon as it. is available. In an effort to resolve the concerns of the letter of March 30 to THC. A copy of the transcript of the Committee Members, I request your views on the following issu Committee meeting of April will be forwarded to you as raised during Mr. Panken's nomination proceedings: rentlable in 111 flort to resolve the concerns of these Under the present ACTION/Peace Corps policy regarding hirir Metuber reque your view 011 the following isnes raised of personnel who have an intelligence background and taking int Mr Paul nonimation procedings: account Mr. Pauken's previous military intelligence experience, wou con adering making the Peace Corps en Mr. Pauken be eligible to hold the position of Director of actio OF any career position in ACTION? at X FION by Executive Order of the President? indicated their intentions to introduce legisla- I further request that the Peace Corps General Counsel also provie orp 1111 independent agency, devoid of the Committee with his independent legal judgment on the questio listed above. Ino admini trattve or otherwise, with ACTION. Would Une Vilutini Tatton upport neh legislation? The Committee intends to file its report on the Pauken nominatio 1979 cutive Order instred by President Carter established by Monday, April 6. I would, therefore, appreciate receiving your re 7001 attionomons agency within ACTION. This sponses no later than the close of business Friday, April 3. If you are intended to Trengthen the visibility and inde not able to comply fully with this request, please provide the Com Peace Coro while. in 111 effort at greater economy, mittee with whatever responses are available by that date. Thank you for your continued cooperation in thismafter. support efflees by Peace Corps and action. Sincerely, upport provided for by the 1979 Executive tenificam avings for the Peace Corps? If SO, please CHARLES H. PERCY, aving as compared with the probable costs that would Chairman. Enclosures. incurred by the Peace Corps had it been a completely inde- from action. THE WHITE House, Committee intends to tile its report on the Pauken nomination Washington, April 3. 1981. Hon. CHARLES II. Percy, G would. therefore, ampreciate receiving your re- U.S. Senate, Washington, D.C. than the clase of business Friday. April %. If you are comply tilly with this request, please provide the Com- DEAR SENATOR PERCY: Your letter concerning the President's momi- whates (1) response are available by that date. Thank you ceived. nation of Thomas W. Pauken for Director of action has been re- continued cooperation in this matter. mocrely The Administration opposes the separation of the Peace Corps and ACTION. CHARLES 11. PEROY, Chairman. We have no knowledge of any comparable costs between an Execu- tive Order issued two years ago and speculation on what costs might have been had the agencies been separated. However, we will request the Office of Management and Budget to review the question. U.S. SENATE, Mr. Pauken's nomination was submitted to the Senate on Febru COMMITTEE 11\ FOREIGN RELATIONS, ary 24, 1981, and we are hopeful that the Senate will takeup his Washington, D.C., April 1981. confirmation at the earliest possible date. With regard, MAX L. Friedersdore, ington, D.C. Assistant to the President. M. The Senate Committee on Foreign Relations THEY ve-ferday morning favorably considered the THE WHITE House, il' Parken to be Director of ACTION. How- Washington, pril 1981. Hon. CUARLES II. Percy, of Phe Committee expressed serious concern over U.S. Senate, Washington, D.C. military intelligence experience and the DOSSI to confirmation micht create for the safety of Peace DEAR SENATOR PERCY: By letter dated April 2, 1981, you requested THE for your information a coby of the that supply to your Committee my views on the issue of whether head and a copy of Senator Thomas W. Pauken, the President's nominee for Director, ACTION, of the Transerint of the would The eligible to hold the position of Director of action or Voril will bis forwarded to you as any career position in ACTION" in light of his prior military CN- perience By 21 separate letter received this Tternoon, Senaters PAIL Peace Corps Honorable Fred Counsel to the President The White House Washington, D. C. 20500 Dear Fred: To follow up on our conversation of this morning I wish to restate my position regarding Tom Pauken's nomination and the relationship of the Director of ACTION to the Peace Corps. As Director of the Peace Corps, my primary concern has to be maintaining the safety of our volunteers and staff overseas. As you know qualifications for the Director of ACTION are determined by the President who nominates him and by the Senate which must confirm his nomina- tion. As such, that position is not covered by the intelligence policy guidelines of the Peace Corps. As I have indicated earlier, I believe Tom is qualified to be the Director of ACTION. In addition, two Senate committees have already approved his nomination. With respect to the hypothetical question of his eligibility to serve as an employee of ACTION pursuant to existing intelligence policy, this is a legal determination. I must therefore rely on legal opinions as to the answer to that question. If your office has answered that question in the affirmative, I will of course accept that opinion. This issue has developed because of the publicity surrounding Mr. Pauken's con- firmation hearings which imply some possibility that the Peace Corps will be used for intelligence purposes. I believe this is an unfair, unwarranted con- clusion based on Mr. Pauken's record. His intelligence involvement was over ten years ago in the military--not as a civilian intelligence operative--and he testified that he has had no contact with military intelligence since 1969. Any implication that based on this background he will turn the Peace Corps into an intelligence-gathering agency is totally without merit and outside the scope of the ACTION Director's authority. As Director of the Peace Corps, I intend to make absolutely clear that Peace Corps personnel are not in the intellit Ince business. I intend to reaffirm the understanding with various intelligence agencies of that policy. In this way we will continue our efforts to minimize any risk to Peace Corps Volunteers in the field, 2 The suggestion has been mude that total autonomy of the Potte Corps would resolve these problems. This is an issue we have considered from a cost- efficiency perspective and that of any remaining perception of the Peace Corps as E part of ACTION. This issue may warrent further consideration within the councils of the Administration. I hope this clarifies my position on the matters we discussed this morning, and I look forward to dealing with many other serious issues the Foace Corps will face in the years ahead. Sincerely, Fores 172. Puppe Loret Miller Ruppe Director-Des gnate THE WHITE HOUSE Honorable Charles H. Percy United States Senate Washington, D.C. 20510 Dear Senator Percy: By letter dated April 2, 1981, you requested that I supply to your Committee my views on the issue of whether Thomas W. Pauken, the President's nominee for Director, ACTION, would "be eligible to hold the position of Director of ACTION or any career position in ACTION" in light of his prior military experience. By a separate letter received this afternoon, Senators Pell and Cranston asked me to expand my response to also cover the question of whether Mr. Pauken would "be eligible to hold a position on the Peace Corps staff or to serve as a Peace Corps volunteer". Given time constraints, I am taking the liberty of responding to both requests in this letter. I have also asked Mrs. Loret Ruppe to advise the General Counsel of the Peace Corps of your additional request for his independent legal opinion on these issues. In order to respond, and to place the issue of Mr. Pauken's "intelligence background" in the proper context, it is appropriate to examine (1) ACTION/Peace Corps intelligence policy, (2) the nature of the relationship between Peace Corps and ACTION, and (3) the facts of Mr. Pauken's military experience. In 1975, ACTION published Order 300.5, an internal policy statement. It has no force of law and is not binding on the President in making this nomination, or on the Senate in the exercise of its constitutional power to advise and consent on the appointment by the President of officers of the United States. However, even if Order 300.5 applied to this case, I un of the opinion that Mr. Pauken would qualify for. appoint: nt to any position in ACTION. The policy of Order 300.5 clearly states that former intelligence activity will never automatically disqualify a candidate for any post in ACTION. Only if the applicant had worked for the CIA or engaged in intelligence activity within the past ten years, is a detormination required as to the appropriateness of ACTION employment Since Mr. Pauken's activity ceased in 1969 300.5 would not application for Order 300.5 could also not apply to Mr. Paul seeking to be a Peace Corps olunteer. He was employee and was not engaged in any intelligence activity for the past 10 years. By letter to Senator Cranston dated March 18, 1981, William. G. Sykes and Lorez Reppe State that form (4) enumerated criteria are used, apparently by the Peace Corps, to determine whether the ten-year ban should be extended in a particular case of a Peace Corps applicant. We have been unable to locate any previously existing public source for these four tests and believe that the application of unpublished criteria to evaluate an individual's job eligibility raises serious questions of fairness. Even if, however, these crit were applied hype 10 Mr. Pauken, I belic be eligible ent in the Peace Corps. With respect to the first criterion, Mr. Pauken's involvement was clearly limited in time and responsibility. As his testimony before your Committee, makes clear, he was not a career intelligence employee, but worked in low-level intelligence in a combat area, solely to aid U.S. forces as a military assignment. Mr. Pauken was a Lieutenant in the U.S. Army; he was not in a "prominent" position in intelligence, as criterion 2 asks. It is true that Mr. Pauken served overseas, as criterion 3 asks, but this service was not in some underdeveloped neutral country; rather, he served in the military in an allied country, assisting South Vietnam in its fight for survival. Finally, criterion 4 asks for the nature of the applicant's involvement. Mr. Pauken's was extremely limited in time and scope. Of course, Thomas W. Pauken is not seeking to be a Peace Corps volunteer. He is, rather, applying to be the Director of ACTION. As such, he would have an extremely limited role with respect to the Peace Corps. The Peace Corps Director prepares and implements its budget, and directs and controls the operation of the Peace Corps and such support functions as are necessary to carry out the responsibilinies delegated by Executive Order 12137 (Márch 16, 1979). Policy matters, including program development and implementation, planning, volunteer selection and placement, legal support, congressional liaison, development of education activities, program evalu- ation, and services to volunteers and their families, remain the sole responsibility of the Peace Corps Director. As you yourself have stated, Mr. Pauken will have vir cally no., *I believe it to be irrelevant that Mr. Pauken remained in the inactive Reserves for a brief period thereafter; during this period he was not engaged in intelligence activity. 3 since he It should be noted that the Peace Corps does not totally exclude former intelligence personnel from its employ. Since 1975, by Order 300.5, it has been public knowledge that the Peace Corps stands ready to employ persons who have worked for a non-CIA intelligence agency more than 10 years before their application. This public position of the Peace Corps has not, to our knowledge, hampered the Peace Corps in the performance of its basic functions, nor has it jeopardized the safety of any Peace Corps volunteer. In my opinion, Order 300.5 is a sensible solution to the question of when former intelligence employees should be allowed to work for ACTION and the Peace Corps. Thomas Pauken cualifies under any reading of Order 300.5; his prior service to his country in a time of need is evidence of his capacity to lead ACTION, and not a reason to deny him this opportunity for further public service. It is the President's desire that he have that opportunity, and we respectfully urge his confirmation at the earliest date. I appreciate the opportunity to comment on this subject for your Committee. Sincerely, Fred F. Fielding Counsel to the President CC: Honorable Claiborne Pell Honorable Alan Cranston Honorable Max L. Friedersdorf Mr. Thomas W. Pauken Peace Corps April 1981 Honorable Charles H. Percy Chairman Committee on Foreign Relations United States Senate Washington, D.C. 20510 Dear Mr. Chairman: In a letter dated April 2, 1981, to Mr. Fred Fielding, Counsel to the President, you requested that the Peace Corps General Counsel provide the Committee with a legal opinion on whether under the current ACTION/Peace Corps policy regarding the hiring of personnel who have an intelligence background, Mr. Pauken, the ACTION Director- Designate, would be eligible to hold the position of Director of ACTION or any career position in ACTION. Eligibility for Position of Director of ACTION: The Peace Corps intelligence policy, as set forth in MS 643 (ACTION Order No. 300.5), dated July 21, 1975, has neither a statutory nor a formal regulatory basis. Rather, it is an internal policy which has been formulated by the Peace Corps and applied to volunteers, Peace Corps employees, and to those ACTION employees whose positions have "a direct and important relationship with operations under the Peace Corps Act". Since the policy is an internal one, it is not legally binding on the President, nor is it applicable to individuals nominated by the President for positions which require the advice and consent of the Senate. Consequently, the policy would have no application to Mr. Pauken's nomination, and, therefore, would not be a bar to his holding the position of Director of ACTION. Eligibility for Any Other Position in ACTION: As a preface to the discussion which follows, I wish to point out that I am relying solely on the transcript of the hearing on Mr. Pauken's nomination to be Director of the ACTION agency, which the Committee held on Wednesday, March 25, Honorable Charles H. Percy April 3, 1991 Washington, D.C. Page Two 1981, for the factual predicate for by opinion. I assume that the formation contained in chat transcript is not only accurate, but also complete. have not had access to any other documents, such as Mr. Pauken's military record (Tr. 48), I assume information in that record neither contradicts nor qualifies the information con- tained in the transcript. The relevant provision of the Peace Corps intelligence policy which applies to positions within ACTION is found in MS 643.4.d, which states: "Any person whose application to a position within ACTION reveals a CIA employment or intelligence activity within the past ten years, and whose application refers to a position which. has a direct and important relationship under the Peace Corps Act, may be barred from consideration for that position." In such cases, a committee is formed comprised of Peace Corps General Counsel (representing the Peace Corps Director), the ACTION General Counsel, and the designee of the Associate Director for Domestic Operations. The committee examines the nature and circumstances of the applicant's intelligence activity and the directness and importance of whatever rela- tionship the position applied for within ACTION has to oper- ations under the Peace Corps Act. The committee then makes a recommendation to the Deputy Director of ACTION as to whether the applicant should be barred from consideration for the position. Before applying this policy and the underlying criteria to Mr. Pauken's situation, it is important to point out that this case is unique. After discussions with my staff, and with ACTION General Counsel, I have confirmed that on no occasion previous to this have we had a situation involving inactive reserve status. Consequently, it is not settled whether such status should be included for purposes of the ten-year rule. If that status is not included for purposes of consideration under MS 643.4.d, then Mr. Pauken would automatically be cleared for a position within ACTION, since his intelligence activity occurred more than ten years ago. However, assuming without deciding that such status is to be included, then an examination of the nature and circum- stances of the intelligence activity is necessary. Mr. Pauken's military record indicates that on December 29, 1969, he received special orders assigning him to a reserve unit; on January 4, 1970, he was separated from Honorable Charles E. Torcy April 3, 1981 Weshington, D.C. Page Three on March 10, 1972, he signed an election to be Counsferri to the USAR Control Group Standby upon expira- of the Ready Reserve obligation; and on February 14, 19 3, he received a notice of discharge from Standby Service effective February 28, 1973. (Tr. 57, 59; See also Tr. 47-48). During this period of time, Department of Army records show Mr. Pauken's military intelligence MOS continued, that is, as a military intelligence officer. (Tr. 57). Regarding the nature of this inactive reserve status, Mr. Pauken has testified that after his discharge he in fact had no connection or involvement with the military or intel- ligence. (Tr. 9, 32-33, 58, 60-61). At the Committee's hearing on his nomination, Mr. Pauken testified: I never went to a meeting, never talked with anyone from the military, never had any connection with military intelligence after the day I was dis- charged or got out in Oakland. " (Tr. 58). This uncontradicted statement clearly indicates that Mr. Pauken was involved in no military intelligence activities during the period of time he would have fallen within the ten-year provision. The circumstances surrounding his inactive reserve status also clearly indicate that it was purely an administrative classification evidencing a con- tinuing legal obligation without any actual involvement with the military. Consequently, in my opinion, Mr. Pauken would not be barred from consideration for a postion within ACTION under the current Peace Corps intelligence policy. Sincerely, Robert M. McNamara Jr. General Counsel Peace Corps April 9, 1061 The Honorable Clairorn Pell Committee on Foreign Relations United States Senate Washington, D. C. 20510 Dear Senator Fell: On Friday, April 3, 1981, I was informed that you had sent a letter to Mr. Fred Fielding, Counsel to the President, in which you asked us to expand our responses to the questions submitted by the Chairman of the Committee to include mether "Under the present Peace Corps policy and practice regarding persons with intelligence backgrounds and taking into account Mr. Pauken's previous military experience and association he would be eligible to hold a position on the Peace Corps staff or to serve as a Peace Corps volunteer." My response to this question has been delayed because I wished to see a copy of the letter itself. As I am sure you are well aware, the application of the Peace Corps intelligence policy to those wishing to serve either as volunteers or as Peace Corps staff members is much stricter than those wishing to serve in certain staff positions in the ACTION Agency. The primary reason for this dichotomy is the heightened concern for the safety and security of the volunteers and staff overseas, especially in countries where even the suspicion-albeit totally unfounded--of participation in intelligence activities could seriously jeopardize not only the lives of these persons but also the credibility and vitality of our programs. Our concern in this area has increased in recent years as terrorist and guerrilla organizations have looked upon hostage- taking as a standard operating procedure to effect short-term domestic and international political gains. The possibility and the fear that our volunteers or staff could be used as pawns in such a situation is not speculative. In recent times two of our volunteers have been held hostage: one for three years and another for ten days. Consequently, since most of our volunteers operate outside of capital cities oftentimes at great distances in rural villages, the Peace Corps has strictly applied the intelligence policy and has, if at all, erred on the side of extreme caution. page al As a preface to the discussion which follows, I to point out that I am relying lely on 55 the hearing on Mr. Pauken's nomination to be Director of the ACTION Agency, which the Committee held on Wednesday, March 25, 1981, for the factual predicate for my opinion. I assume that the information contained in that transcript is not only accurate, but also complete. I have not had access to any other documents, such as Mr. Pauken's military record (Tr. 43). I assume information in that record neither contradicts nor qualifies the information contained in the transcript. The hearing transcript provides the following information regarding Mr. Pauken's military service: 1. Upon enlisting in the Army, he requested an assign- ment to international affairs and was assigned to Special Intelligence (Tr. 54-56); 2. From June 1967 to December 1968, he received intelli- gence and language training (Tr. 9, 41); 3. His first assignment in Vietnam was a Province Intelli- gence Officer in the Delta (Tr. 9, 41). He described his primary duties as "nothing other than low-level order of battle collection of information (Tr. 42), and he was primarily involved "with analyzing a particular religious sect that is in the Delta known as Hoa Hao, which is an off-shoot of the Buddhist sect.' (Tr. 43- 50). 4. An efficiency evaluation report covering the period of November 1, 1968 to May 31, 1969 described his principal duties as "team chief in a unilateral clandestine intelligence collection operation" (Tr. 49). 5. An efficiency evaluation report covering the period of June 1, 1969 to August 22, 1969 described his principal duties as "team chief of an intelligence collection team engaged in covert intelligence operations, directly responsible for developing and directing team operations in direct support of the counter-insurgency effort in the Four Cord (?) (sic) tactical zone in the Republic of Vietnam" (Tr. 49). page 3 6. 5 "simultaresusly I intelligence programs (Tr. 50). 7. His did not include the knowing interrogation of Viethamese, Viet Cong soldiers or civilians (Tr. 43-44). 8. He carried out these activities in the Delta at times in civilian clothes and at other times in uniform. He did not, however, have any type of cover (Tr. 45). 9. He later served as a Senior Analyst for the Office of Strategic Research and Analysis in Saigon. In this capacity he "prepared a number of studies on everything from communist revolutionary strategy towards South Vietnam and did a major study on Truong Chinh, who was a leading North Vietnamese revolutionary theorist" (Tr. 45-46). He also conducted "studies on the rela- tionship between the North Vietnamese and the Viet Cong" (Tr. 46). 10. He testified that, to his knowledge, he did not communi- cate with intelligence personnel from any other intelli- gence agency, including the CIA (Tr. 47). 11. The citation accompanying the Joint Service Commenda- tion Medal that he was awarded stated that his "analyses provided the Commander, United States Military Assistance Command, Vietnam, of the United States Embassy and other agencies throughout the intelligence community with intelligence information of great value in the counter- insurgency effort in Vietnam" (Tr. 51). Mr. Pauken testified, however, that he was unaware that the reports were passed on to other agencies. (Tr. 44, 46, 51-52). 12. An efficiency report covering the period of August 23, 1969 to December 27, 1969, indicates he "contributed to the success of several joint classified projects under- taken with other intelligence agencies in the Saigon area" (Tr. 53). 13. On December 29, 1969, he received special orders assigning him to a reserve unit; on January 4, 1970, he was separated from active duty; on March 10, 1972, he signed an election to be transferred to the USAR Control Group Standby upon expiration of the Ready Reserve obligation; and on February 14, 1973, he received a notice of discharge from Standby Service effective February 28, 1973. (Tr. 57, 59; see also Tr. 47-48). page During this period Department show Mr. Pauken's intelligence continued 19 a mili intelligence off 14. Regarding the nature of this inactive reserve us, Mr. Pauken has testified that after his discharge he in fact had no conne tion or involvement del the military or intellig nce (Tr. 9, 32-33, 59, 60-61). At the Committee's hearing on his nomination, he testified: 11 I never went to a meeting, never talked with anyone from the military, never had any connection with military intelligence after the day I discharged or got out in Oakland. (fr. 58). Eligibility for Service as a Peace Corps Volunteer: The intelligence policy as it applies to volunteers is codified in Peace Corps Manual Section 201. II.B., which was most recently revised in May 1973. Manual Section 201. II.B. states that to be eligible for Peace Corps service, an applicant must: 5. Have no connection with the Central Intelligence Agency; a. Any person who has ever had a Central Intelligence Agency connection is automatically disqualified from Peace Corps service. b. Any person with other intelligence training or who has done intelligence work within the past ten years is also disqualified from Peace Corps service. A person who was involved in intelligence activity (other than CIA) more than 10 years ago will be referred to General Counsel which will determine if the nature of that activity was sufficient to warrant disqualification. C. Any question as to whether an activity constituted an intelligence activity under these guidelines will be referred to General Counsel. In determining whether the nature of intelligence activity was sufficient to warrant disqualification under the provisions of Manual Section 201.II.B.5.b., the Office of General Counsel uses the following criteria to determine whether the 10-year bar should be extended in a particular case: 1. Was the applicant's involvement sufficiently extensive to create the impression of career service which may not have been terminated? 3. LE the applicant's previous position in the intelligence field a prominent one (i.e., would he or she be likely to be known as an intelligence official) ? 3. Did the applicant serve overseas while in the intelligence field? 4. What was the nature of the individual's involvement (e.g., was the person involved in covert action, which would probably be a permanent bar) ? The first issue to be resolved is whether Mr. Pauken falls within the 10-year bar by virtue of the fact that he was on inactive reserve status as a military intelligence officer until 1973. As I indicated in my letter to the Chairman dated April 3, 1981, this Office has never specifically ruled on the issue of whether inactive reserve status should be included for purposes of the 10-year rule. Manual Section 201.11.B.5.b. requires that the individual not have been involved in intelligence training or in intelligence work for 10 years prior to his acceptance to the Peace Corps. Mr. Pauken's uncontradicted statement (see No. 14 above) clearly indicates that he was involved in no military intelligence training or activities during the period of time which would have fallen within the 10-year provision. The cir- cumstances surrounding his inactive reserve status also clearly indicate that this status was an administrative classification evidencing a continuing legal obligation without any actual involvement with the military. Consequently, he would not be barred automatically by the 10-year rule, The second and more important question was whether his activities as a military intelligence officer in Vietnam were sufficient to warrant disqualification as a Peace Corps volun- teer, despite the fact that it occurred more than ten years ago. Regarding the first criterion, it is my opinion that Mr. Pauken's military service was not sufficiently extensive to create the impression of career service. Although he technically served for a period of six years, two of those years were in training in the States prior to going to Vietnam and only approximately eleven months were served as an intelligence officer. Although he was on inactive reserve status as a military intelligence officer, once he was discharged in Oakland, he had no further connection with the military or with any intelligence agency. In fact, it is clear from his biographical data that Mr. Pauken once again became a private citizen and engaged in activities totally un- related to the military of to the intelligence fields. that As a Analyst with the Strategic Research Analysis, it is not only likely but certein that he was known to the North Vietnamese intelligence and coumter-intelligence divisions and that this information could have been routinely passed on at least to Soviet intelligence if not also to other sympathetic hostile intelligence services. For this reason, not only is there a strong possibility that the credibility of the Peace Corps program in the country to which he might be assigned would be jeopardized, but also, and more importently, his own safety as a volunteer could be threat- ened--especially in those countries undergoing a degree of political instability-- should he be accepted as a volunteer. Regarding the third criterion, he Sid serve overseas, albeit in a'military capacity, and in C country where the U.S. military forces were engaged. His presence overseas and his contact with host country nationals in his capacity as an in- telligence officer increases the likelihood of his notoriety. With respect to the fourth criterion, the exact nature of Mr. Pauken's intelligence activity in Vietnam is unclear at ** best. Mr. Pauken's testimony regarding his primary responsi- bilities are contradicted by the evaluation reports which indicate that he was involved in and responsible for clandestine and covert operations. Without attempting to reconcile the apparent contradictions, even the remote possibility that such information would surface could be devastating to virtually any Peace Corps program. Consequently, in my opinion, he should be disqualified from serving as a volunteer under this criterion as well. Conclusions drawn from the application of these criteria must of necessity rest to a certain degree on speculation. It is very possible that no one would remember or learn that he was a military intelligence officer or that, at least according to Department of Army records, he was involved in clandestine and covert intelligence operations. However, the genuine risk to the safety of Mr. Pauken as a volunteer, to other volunteers, and to the viability of Peace Corps country programs far out- weighs the equally speculative gain of accepting him for volunteer service. Eligibility for a Position on the Peace Corps Staff: The intelligence policy as it applies to Peace Corps staff positions is codified in Manual Section 643, para. 4 which states in part: 7 b. Any person to has had any Ce ligence Agency (CIA) emloyment shall be considera- tions for positions in Peace Corps crerations over- seas and in ACTION's Office of International Operations (now Peace Corps/Mashing on). C. Any person whose application reveals intelligence activity (other than CIA) within the past 10 years shall be barred from consideration for positions in Peace Corps operations overseas and in ACTION'S Office of International Operations (now Peace Corps/ Washington). You will note that, unlike the regulations applicable to volunteer service, Manual Section 643 appears to rake employee applicants automatically eligible for Peace Corps staff positions upon the expiration of 10 years following their last intelligence involvement. However, as a matter of practice, the Peace Corps looks behind the 10-year bar if an applicant's intelligence background was particularly extensive or involved covert activities. Because the same concerns regarding the health and safety of volunteers and Peace Corps programs apply equally to a staff position, there is no logical reason to differentiate between volunteers and staff. While this is currently the policy and practice of the Office of General Counsel and has been since I became the General Counsel, in candor I must admit that, in the three years prior to my accepting this appointment, the application of this policy and practice has been inconsistent. In my opinion, for the reasons set forth above where I discuss the application of the various criteria used to determine the eligibility of applicants for Peace Corps volunteer service, Mr. Pauken would be barred from serving in a position as a Peace Corps staff member in any overseas position, in any Peace Corps/ Washington policy position, in any country desk officer position, and in any position which would likely require him to travel overseas as part of his official responsibilities. He would be clearly barred from any overseas position since any allegation arising from the fact that he had been a high level intelligence officer in Vietnam and allegedly conducted clandestine covert operations in that country would be the death knell to any Peace Corps program in which he served and would jeopardize the safety of volunteers in that country. Similarly, were he to serve in a policymaking position, a country desk position, or a position requiring overseas travel, such allegations could have the same impact on the Peace Corps' credibility and integrity. I would again point out that this analysis rest on a highly speculative set of probabilities, but the grave-risks page 8 to the is who serve in the Peace Corps and to the Peace Corps inself arrent a high degree of caution in the application of this policy. liave attempted to apply the policy without reference to the I vilicity which has surrounded Mr. Pauken's nomination. However, because of the extensive publicity which his nomination has reseived, the perception of Mr. Pauken's intelligence involvement has taken on a substance of its own. Thus, unfa as = fight pupear, we would be forced to take this publicity into 118 Mr. Pauken to apply for a position with the Peace orns the near future. Sincerely, Robert M. MoNamara, Jr. General Counsel CC: The Honorable Charles H. Percy Chairman Conformity, Bureaucracy Peace of The Peace an oΓ- told me be done cans ideals good 10 office Ce- realized As Jack a former the rules and leste Peace Corps director said, Foreign the insistence that the corps the temptation policy and concerns for the gross na- we conform." nonal product and economic devel- to use its worker. BS pies, which he A trainee in Ecuador felt the vol- opment are not part of our charter. said remained ad ngerous possibil. unicers were so overwhelmed with Butsharing and service are And ser- ity an era when people think we vice and teaching and learning and the technical information they were are not good intelligence." expected to memorize that it was det- sharing - this adds up to my concept Thus it IS with prehension that of love. It's built into the Peace rimental to their effectiveness The Inote Reagan's and the Corps." person in their group that developed Senate Foreign Relations Commit- the friendships and worked tee pprove. of Mr Pauken to di- It this same concept of love that hordest at learning the language led me, and thousands of others, to for and interacting genuinely with his of sign up for the Peace Corps and to foreign counterparts was returned the USTA He is a prepare to "help others help them- home after flunking his final tech- former selves." officer nical exam. involved in covert in It is also what led to my eventual Vietnam. A volunteer in Malawi reported in rejection. the New York Times that the corps When there are many qualified A month before my scheduled overseas "seemed to be a staid, ill- candidates available why appoint departure for Nepal I attended a managed bureaucracy" that has someone whose background violates week-long "Center for Assessment "moved away from its original man- the Peace Corps charter. who will in- and Training" in which my compe- dates and expectations." He added vite criticism and perhaps retribu- tence, sensitivity maturity, and mo- that a third of his group felt their tivation were to be assessed and jobs were poorly defined or unnec- tion from sensitive foreign evaluated. I was also questioned nationals and who may alienate, as essary, and that in the drive to build about my loyalty to the Peace Corps a large program that reflects well on unteers? well as endanger the lives of our vol- as an institution, at which time I ad- the country staff and impresses mitted that if I was told to do some- Washington, "the volunteer loses." Not that this in itself will cause thing that harmed the people I was This conclusion was expanded on the demise of the Peace Corps as we there to help, I would not do it (of by another volunteer in The Gam. know it. But if the individual volun. course). bia, who voiced the discontent of teer is to follow through on the I explained that I was joining be- several in his group that the country personal commitment to love and cause of a desire to love and serve staff couldn't be trusted and seemed serve others, and if we as a people others, and that I shouldn't be ex- intent on treating them "like pup- are to remain true to the values that pected to compromise that if the pets." Disillusionment expressed it- established us as a - those of Peace Corps was true to its stated self in everything from a lack of freedom and social and economic goals My assessor answered with the motivation for their work to indis- justice then the Peace Corps, as a statement, "Honesty is not an end in creet often multiple sexual affairs, service organization must remain itself." and though I rated highly in drug use and alcoholism. free from insistence on the four areas listed. I was "deselec- Clearly what is needed is a re- conformity the administration ted" because of my "inflexibility." foreign policy objectives. newed emphasis ón the idealism of the volunteers. Over ten years ago Idealism Endangered When we can pursue conflict and a former volunteer commented that It seems the volunteer is expected defend our national security" inter- "Many of us feel the Peace Corps is to sacrifice idealism and commit- ests in other ways, why use our only moving gradually, yet perceptibly, ment 10 serve others and agree to from the concept of a people-to- organization? hope for true peace as a paramilitary COI form to Peace Corps design people organization to that of a (w) atever it is) and serve their un- government-to-government agen- When our country is already con- def ned interests I've always felt cy." sumed by its bureaucracy why de. thi authoritarian style. in its stroy the idealism of the volunteer, mil lest forms, is what identifies a Independence Essential using their altruistic motives and but sucracy. Although authori- The idealism and independence 0: concern to serve interests other tar anism in any form is inappropri- the volunteers. and the autonomy of than what the intended? ate for a volunteer service or- the Peace Corps as an organization gan zation, the time is upon us with was described as essential by former the Senate's confirmation of Thomas THE WASHINGTON STAR director Richard Celeste in testimo- ny before a Senate committee. For 18 I avid Carrier, a 1979 graduate of years the Peace Corps has remained Wednesday, April 15, 1981 the University of Maryland, is a for- separate from the short-term policy me. Peace Corps trainee. interests of our foreign relations In Peace Corps Life is a bit due to Pauken 6t stickier - at ACT did about which helps the pror 3: with assigned 10 VISTA and the poor abrived with the Cranston say T7 Peace Corps. military rec IS That's because Ronald Bengan has chosen as its new boss a perso D who induction application was could not under the even get not the a job at the Peace Corps much less himself be put direct it. he was engaged in que Manual Section 643 IS quite spe- gence 48L cific: body who hasserved the sible for such CIA or Intelligence activity within team opera ons of utio the past ten years is auf matically the counter- ins effort ami barred. Applications from people Pauken comple hisservice 1U; whose intelligence service is more to his country is being held against nax than ten years old must be reviewed him. apu on a case-by-case basis. To conservative ublicans, of 12 According to Peace Corps General course, such stalwart efforts in a 2 Counsel Robert McNamara, Thomas cause that so many of Pauken's con- J W. Pauken. Reagan's choice, would temporaries refused to join are ad- not be eligible. mirable For them, there is an ] A secret poll conducted by the AC- appealing symmetry in replacing TION Employees Union shows that Sam Brown, the leader of Vietnam by a margin of two to one, the work- resistance, with someone who vol- ers favor opposition to the man they unteered for the fray. undoubtedly will have live with. For Peace Corps volunteers, how- ever, it is something else. They have Filibuster Hinted labored from the beginning under They realize how little ice their the shadow of suspicion that under views cut in the Senate, which will the guise of digging sewers. teaching vote on the confirmation upon re- English and planting fields, they turn from recess. Several Democrat- were doing the work of the CIA. ic liberal senators. including Peace At the request of Cranston, vol- Corps alumni Paul Tsongas and unteers submitted instances where Christopher Dodd, have joined Mi- they had been held at gunpoint, nority Whip Alan Cranston in hint- thrown in jail or threatened with ing at a filibuster, but little hope beating by exercised locais. The Em- is held out for any kind of a show. ployees Union has aken the position The Senate, after choking. swal- that the, "wall of separation" be- lowed alarming Alexander Haig and tween spying and the Peace Corps his know-nothing deputy. William has been breached by the ap- Clark. point ment. and that the health and And the Republicans are claiming safety of the volunteers is imperiled. that Ernest Lefever, the enemy of A minority at ACTION favors human rights for head of the depart- Pauken all the same. on grounds that ment by that name, is a sure thing. the agency needs a full-time advo- Only one Republican has spoken out cate, and that Panken proved his against Pauken: Rudy Boschwitz of clout at the White House by talking Minnesota, which is second to Cali- Deputy Chief of Staff James Baker fornia as a source of Peace Corps out of chopping off the domestic arm volunteers. of ACTION entirely. Pauken emerg- Chairman Charles Percy of the ed from a widely publicized meeting Senate Foreign Relations Committee in mid-March as the rescuer of the sought escape from the turmoil by doomed program. inquiring of the White House if plans were afoot to divorce the Peace Others Skeptical Corps from ACTION. hose employ- Others are skeptical and suspect ECS would not be endange by hav- a bit cí stagecraft. Parken DSEI- ing a former intellig nce officer in vative. former leader of Re- charge. was Percy received Patter, who IS said DE hepresident's pet;le fences with the the in that not a trial 000 minstion as under Parken wid the sensions he = did not feel that the anne as a military ( ] connection of Perce Corps Vietnam when he a with intelligence activities could be unsuccessful ca: didate for public Oi- as serious a problem as an actual lice in Texas connection. -I was not = Ful- but the voluntuers are a special eign Relations Committee. which fervent. lot and they feel that the voted his nominstion ace Corps and die to seven. at the i = G S The ACTION Nominee Mr Parken enlived in the 67, ind when a his C military to he ayar C- S5 to which n n itles S, ns a wide n but Ind D Center b n Dallas. which, in the pois tmos here of the But, ait Mr. Pauken Wd Army er Vistnam years, was feighted with con- of ficer whos and notations of spying and worse. That C ota- rv whose ry specialty intellig tion is excessive, but it has generated ost And ACTION is the parent ency for the of the oppositi n to Mr. Pauken. Peace Corps That combination has erated Mr. Pauken was grilled by Sen. Alan Cran- a fierce P to Mr. Parken, although ston at the C nfi. ation hearing bef re the his nomination has been approved by both Foreign Relations Committee. The word "CO- the Labor and Human Resources mittee vert" was the prime spice in that stew. But and the Foreign Relations Committ of the Mr. Pauken repeatedly testified that his 1968 Senate. A floor vote could CUR xt week. Vietnam service involved basic military in- There are two layers to what has become, telligence work - from operational order-of- both publicly and behind the scenes, a bitter battle analysis to broader studies involving dispute. There is the fear that the Peace Corps the relationship between the North Vietnam- could be compromised by as is head ese and the Viet Cong. Senator C ston's a person with an intelligence background. persistent scratching at Mr. Pauken's service There is no statutory restriction, b t it has in Vietnam finally led the nominee to say, been a longtime Peace Corps regular n that "Senator, I must say that it is extremely ironic no person who has served in the CIA or the that some ne with a military backgr und does not have a distinction made for him ver- mitelligence field nerally could ed as a corpsman within 10 years of having sus someone with a professional intelligence so served. The concern is legi ate has background I have no apologies for my guided the Peace Corps sin it W tab- service there (in Vie* am) I really think lished der President Kennedy: Th must that this is an important distinction that he even CC tion n eds to he made." a us tween Peace Corps ctivities Ld U.S. unce- Mr. Pauken is right. He left active duty in bathering ctivities. 1969, which more than covers the agency 10- A legiti Tate concern, however, I the year-connection regulation. It strikes us as Pauken nomin seems to been strained to think that 2 stint in military intel- raised to a level of absolutism, not at ligence could be construed as violating the ing that Mr. Pauken isa, reside ince traditional separation of the P ace Corps and and not a Peace Corps applicant. Be that, intelligence-gathering. the opposition to the former lant's The tone of the opposition to his nomina- nomination has taken on a rancor sug- tion has a taint of soldier-baiting to it - of gests rather more than the principle of sep- stereotyping that does a disservice to the men aration between the Peace Co , and and women who honorably served their na- intelligence. tion during the Vietnam era. Our Dec tive Economy The big econ ic WS of the week is that quarter growth will not be duplicated the Gross National Product grew at a 65 per in rediately. Commerce Secretary Malcolm it annual rale, after allowing for inflation, Baldrige sounded glum, forecasting "a couple in the first quarter of the year. It was the most of flat quarters." The administration, which robust three months of economic growth in took office January 20, says most of the almost three years. The news contrasted with growth took place in that month, and is not the gloom pervading 8 1 of the recent statis- trying to take credit for it. .. tics - numbers that tell of substantial unem- There are, of course, 0 her reasons for the inflation. fantastic administration to mouthing in Peace Corps Star melington, D.C. Edictr: have reviewed with great interest articles which aggeered on successive days in your Comment Section concerning the Peace Corps. am compelled to offer to your readers information which casts different light on some of the suggestions made in the -.0 articles or which provides data not included in the lis- cussions b: by'Mr. Carrier or Ms. McGrory. First, the Director of ACTION is not the Director of the Peace Corps. As Director-Designate of the Peace Corps, I clearly understand that I report to the President and that I determine the policy and practices of the Peace Corps and hire its personnel. The Peace Corps is autonomous from ACTION and has been since an Executive Order was issued effecting autonomy in May, 1979. The Peace Corps does buy certain services from ACTION, including account- ing, health services, recruitment, communications and general ser- vices. We have a separate personnel system, budget system, general counsel, program offices, planning and policy unit, placement office and volunteer support unit. We have volunteers in sixty-one coun- tries and there is a Peace Corps office in most of these countries. Peaue Corps policy is not subject to the approval of or review by the ACTION agency. That right is reserved for the President of the United States. I can state unequivocally that the Peace Corps is not now and will not become an instrument for intelligence activities of any kind or at any level during my tenure as Peace Corps Director. Mr. Carrier suggests that it is inappropriate to screen and select Peace Corps Volunters before they are sent overseas. This is, of course, ludicrous! Not everyone can live and work effec- tively in a different culture. Not everyone can effectively repre- sent the American people in the villages and countryside of Asia and Africa and the Caribbean and the South Pacific and Central America and South America. ""nflexibility" is not a characteristic we look for in volunteers because we do not send Americans overseas to impose their wills and views on our friends. We send them to help with skilled penpower needs, to represent the American people and to bring back to America in increased understanding of a people and a culture different from our own. a a in Suc CBSE that may rele new Peace Corps peration, ai Jessary pt has been made to factor the effects of pussible shift, such as major sorga inations or space eallocations, into the The analysis involved nation CT three ffices that account for $8.3 million (30 percent, of the total 1991 of $29 million for jointly supported services: accounting, administrative services, and computer services. Within those operations, the minimal assumptions duplication of management- evel personnel nentioned above were made. Tmese additional personnel were issued slightly the sa' ary for 1981 and provided with roughly agency-average of space, furniture, phone services, etc. All of these assumptions appear to be conservative given the likely grade of these staff. Staff-level personnel and associated space and equipment were issued divided between the agencies. On a base of 150 staff, this methodology led to a conclusion that 26 senior staff would be duplicated resulting in an increase of roughly $1 million in operating costs on the base of $8.3 million for 1981. This would represent an 11 percent increase for these three offices. Substantial uncertainty is introduced in attempting to project total costs from this sample estimate. A simple linear projection of the savings to the full $29 million joint services budget would indicate an increase of $3 million. This figure is likely to be too large, however, because Peace Corps does not buy the same level of services in all areas. While it buys significant recruitment and health services from ACTION, Peace Corps would not duplicate positions from the Office of Policy and Plenning since it already has its own independent offices. Therefore, the $3 million figure should be viewed as an outside estimate for dditional operating costs. APR 20 1001 7/2/187 Peace Corps 70525 18, 1981 Editor The Washington Star Washington, D.C. Dear Editor: I have reviewed with great interest articles which appeared on successive days in your Comment Section concerning the Peace Corps. I am compelled to offer to your readers information which casts a different light on some of the suggestions made in the two articles or which provides data not included in the dis- cussions by' Mr. Carrier or Ms. McGrory. First, the Director of ACTION is not the Director of the Peace Corps. As Director-Designate of the Peace Corps, I clearly understand that I report to the President and that I determine the policy and practices of the Peace Corps and hire its personnel. The Peace Corps is autonomous from ACTION and has been since an Executive Order was issued effecting autonomy in May, 1979. The Peace Corps does buy certain services from ACTION, including account- ing, health services, recruitment, communications and general ser- vices. We have a separate personnel system, budget system, general counsel, program offices, planning and policy unit, placement office and volunteer support unit. We have volunteers in sixty-one coun- tries and there is a Peace Corps office in most of these countries. Peace Corps policy is not subject to the approval of or review by the ACTION agency. That right is reserved for the President of the United States. I can state unequivocally that the Peace Corps is not now and will not become an instrument for intelligence activities of any kind or at any level during my tenure as Peace Corps Director. Mr. Carrier suggests that it is inappropriate to screen and select Peace Corps Volunteers before they are sent overseas. This is, of course, ludicrous! Not everyone can live and work effec- tively in a different culture. Not everyone can effectively repre- sent the American people in the villages and countryside of Asia and Africa and the Caribbean and the South Pácific and Central America and South America. "Inflexibility" is not a characteristic we look for in volunteers because we do not send Americans overseas to impose their wills and views on our friends. We send them to help with skilled manpower needs, to represent the American people and to bring back to America an increased understanding of a people and a culture different from our own.