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STATE DEPARTMENT SECURITY-1963-65

PART I

REPORT

OF THE

SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHER INTERNAL SECURITY LAWS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

DECEMBER 15, 1967

AF. 9 1968

65-860

MAIN
READING ROOM

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1967

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price 35 cents

PURCHASED THR

LOO. EX. PRO'

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan
EDWARD V. LONG, Missouri

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota

JOSEPH D. TYDINGS, Maryland

GEORGE A. SMATHERS, Florida

EVERETT MCKINLEY DIRKSEN, Illinois
ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina

SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL
SECURITY ACT AND OTHER INTERNAL SECURITY LAWS

JAMES O. EASTLAND, Mississippi, Chairman
THOMAS J. DODD, Connecticut, Vice Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
BIRCH BAYH, Indiana

GEORGE A. SMATHERS, Florida

ROMAN L. HRUSKA, Nebraska

EVERETT MCKINLEY DIRKSEN, Illinois
HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina

J. G. SOURWINE, Chief Counsel

BENJAMIN MANDEL, Director of Research, Retired November 1, 1967
JOHN R. NORPEL, Jr., Acting Director of Research

RESOLUTION

Resolved, by the Internal Security Subcommittee of the Senate Committee on the Judiciary, That the attached report on "State Department Security" is hereby authorized to be reported favorably to the full committee, to be printed and made public.

Approved: December 15, 1967.

FOREWORD

From April 25, 1963, to May 4, 1965, the Internal Security Subcommittee held hearings on security in the Department of State.

The record of these hearings was printed and made public in 25 separate volumes between July 19, 1965, and October 2, 1966. Five of these volumes dealt with the Bureau of Security and Consular Affairs and subordinate offices of that Bureau. The other 20 volumes were subtitled as follows:

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Part 9. Correspondence With Secretary Rusk

Part 10. The Otepka Case-VIII

Part 11. The Otepka Case-IX
Part 12. The Otepka Case-X
Part 13. The Otepka Case-XI
Part 14. The Otepka Case-XII
Part 15. The Otepka Case-XIII
Part 16. The Otepka Case-XIV
Part 17. The Otepka Case-XV
[Appendix to Part 17]
Part 18. The Otepka Case-XVI
Part 19. The Otepka Case-XVII
Part 20. The Otepka Case-XVIII

The subcommittee and its staff have devoted a great deal of time and attention to the preparation of a report covering the area embraced by the testimony contained in the 20 volumes cited above.

It would have been possible for the subcommittee to have filed a report on these hearings at an earlier date, but the subcommittee felt. that because Mr. Otto Otepka was an important witness at these hearings, it would not be desirable to make a report while the Otepka case was still pending decision in the Department of State. Perhaps if the committee had known at the time the hearings were concluded how long it would be before the Otepka case would be decided within the

Department, the committee might have taken a different view about the timing of its report. Actually, the appeal filed by Mr. Otepka from the State Department's dismissal order, growing out of Mr. Otepka's actions in furnishing certain information to the subcommittee, did not commence until June 6, 1967. These hearings were concluded June 29, 1967, though the record was technically held open until November 20, 1967, so that the time limit for filing by the hearing officer of his report and findings would not begin to run. The hearing officer's report was filed and presented to the Secretary of State on December 5, 1967, and the Secretary made his decision on December 9, 1967.

The subcommittee has not decided whether a separate report will be filed covering testimony contained in the five volumes dealing with the Bureau of Security and Consular Affairs. Such a report, if made, will be submitted during the next session of the Congress.

INDIVIDUAL VIEWS OF SENATORS EASTLAND AND DODD

This report, carefully documented by sworn testimony reveals many mistakes in management and in the lack of supervision or controls over powers exercised by officials in some management levels. It is to be hoped that the lessons indicated in these hearings and noted in this report have been taken to heart by administrative officials.

During the course of these hearings, and in the intensive study of the hearing record which was necessarily involved in the preparation of this report, the committee has found several areas in which it appears personnel security in the State Department, and in other departments as well, can be strengthened by legislation.

Recommendations in these areas will be made by the committee early in the next session, in combination with other security recommendations, of a legislative nature, growing out of the subcommittee's hearings in 1966 and in 1967 on the subject of gaps in our internal security laws. It is hoped that legislation to implement these forthcoming recommendations can be enacted at the next session of the Congress as the Internal Security Act of 1968.

Much of the testimony in these hearings involve what has come to be known as the Otepka case, and Mr. Otto Otepka was a major witness at the hearings. It is natural, therefore, that the subcommittee's report should discuss various aspects of the Otepka case.

The impact this case has had upon personnel security in the executive branch of our Government has been far greater than is generally recognized. This impact has had both positive and negative aspects.

On the plus side, a number of improvements in security policies and procedures have been put into effect administratively to cure lapses or supply deficiencies to which Mr. Otepka and other witnesses called attention. Another plus is the inspiring example Otto Otepka has set in remaining steadfast to the uncompromising principles and high standards which should and do motivate a majority of the professional security officers who serve our Government.

The most outstanding negative aspect of the Otepka case has been its chilling effect upon all those Government employees, both in and out of the security field, who may quite reasonably see it as an object lesson teaching that honor and virtue are not their own reward if following the path of honor and virtue involves stepping on the toes of entrenched authority, or calls for disclosing matters embarrassing to officials in high places.

The subcommittee, the Senate, the Congress, and the country owe a debt of gratitude-a debt which today remains still unpaid-to Otto Otepka and those who, like him, have told the truth and the whole truth without hedging or covering up for the sake of protecting either themselves or their superiors. For this reason alone, neither the committee nor the Senate nor the Congress should be willing to consider the Otepka case closed until Mr. Otepka stands free of all continuing punishments or harassments of any kind.

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