POSSIBLE REGULATORY LIMITATIONS ON INTERDEPARTMENTAL COMMITTEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400150007-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: November 15, 2001
• Sequence Number: 7
• Publication Date: August 4, 1972
• Content Type: MF

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DCI/IC._7-2 & 3
4 August 1972
MEMORANDUM FOR: Assistant Deputy to the DCI for the
Intelligence Community
SUBJECT . Possible Regulatory Limitations on
Interdepartmental Committees
1. This is a recap of our two telephone conversations
regarding concern communicated to me by Donovan G. Fischer,
Chief of the Technical Division, Office of Security, Department
of State. Don is also Chairman of the Audio Countermeasures
Subcommittee of the TSCC. In the past week he has had his
attention directed to a recent Executive Order and the 1973
Appropriations Act by management personnel at State in the
manner which suggests there may be problems for the TSCC
(and possibly other interagency committees).
2. Executive Order 11671, 5 June 1972, apparently deals
with the subject of executive management and seems to prohibit
establishment or participation in interagency committees, boards,
etc. , which are not authorized by statute or Presidential directive.
In their annual review of State Department's participation in such
interdepartmental groups, State management office (not otherwise
identified) asked Don for the charter which required his member-
ship on our Subcommittee. He intends to use DCID 1/12 and hopes
to get by with it although I pointed out to him that this does not
cover his specific assignment to the Subcommittee and that the
question of chairmanship of this body was a subject of corres-
pondence between the DCI (McCone) and the Acting Secretary of
State (Ball).
3. The second questionable regulation apparently is
Section 609 of Public Law 92-351, approved 13 July 1972, titled
"Treasury, Postal Service and General Government Appropriations
Act, 1973. " It says in part that "No part of any appropriation
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contained in this or any other act shall be available to finance
interdepartmental boards, commissions, councils, committees,
or similar groups under Section 214 of the Independent Offices
Appropriations Act, 1946, which do not have prior specific
congressional approval of such method of financial support. "
The inquiry regarding the application of these provisions to the
TSCC apparently came from "FRM/BP" at State which I cannot
identify but apparently is a budget/planning/management group
of some kind.
4. I feel quite sure that there is no real problem but it
might be useful to get a quick reading from General Counsel's
office as to whether there is any merit in Fischer's concern
that these two recent enactments might cause some problems
for Committee operation.
STATINTL
Executive Secretary, TSCC
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Per diem rates of al-
lowance.
56 Stat. 359.
37 U. S. C., Stipp.
IV, ?? 101-120.
Yost, pp. 541, 542,
587.
U. S. Code Anno-
tated; Lifetime Fed-
oral Digest.
Expenses of inter-
agency groups.
Veterans' priorities
respecting building
materials.
May 3, 1045
[fl. J. lies. 18)
(Public Low 50~
U. S. Naval Acad-
omy Centennial
Corninission.
Establishment and
pu rposo.
SE:a. 212. The funds appropriated in the appropriation Acts for
the fiscal year 1916 of the services mentioned in the title of the Act of
June 16, 1942 (Public Law 607, Seventy-seventh Congress), shall be
available for, and the heads of the executive departments concerned
are authorized to prescribe, per diem rates of allowance, at rates not
to exceed $7 per day, in lieu of subsistence to officers traveling on offi-
cial business and away from their designated posts of duty, and to
members of the services concerned (including officers, warrant officers,
contract surgeons, enlisted personnel,. aviation cadets, and members of
the Nurse Corps) when traveling by air under competent orders and
on duty without troops; and for the payment in advance, or otherwise,
of money allowances in lieu of transportation, at the rate of 3 cents
per mile to enlisted men, regardless of the mode of travel.
SEC. 213. No part of any appropriation contained in this or any other
Act shall be used to pay in excess of $2 per volume for the current and
future volumes of the United States Code Annotated or in excess of
$3.25 per volume for the current or future volumes of the Lifetime
Federal Digest.
SEC. 214. Hereafter appropriations of the executive departments
and independent establishments of the Government shall be available
for the expenses of committees, boards, or other interagency groups
engaged in authorized activities of common interest to such depart-
ments and establishments and composed in whole or in part of repre-
sentatives thereof who receive no additional compensation by virtue of
such membership: Provided, That employees of such departments and
establishments rendering service for such committees, boards, or other
groups, other than as representatives, shall receive no additional
compensation by virtue of such service.
SEC. 215. In order to enable persons who have served ninety days
or more in the land or naval forces during the present war, and who
have satisfactorily completed their period of active military or naval
service, to obtain materials required for the construction, alteration,
or repair of dwelling houses to be occupied by them, any department
or agency of the Government, in allocating or granting priorities with
respect to any materials, shall give to such persons a preference over
all other users of such materials (except to the extent such materials
are needed by such other users to meet :actual military needs), without
requiring any showing of hardship or other necessity for the con-
struction, alteration, or repair of such dwelling"houses.
SLC. 216. This Act may be cited as the "Independent Offices Appro-
priation Act, 1946".
Approved May 3, 1945.
[CHAPTER 1071
JOINT RESOLUTION
Providing for the celebration in 1945 of the one-hundredth anniversary of the
founding of the United States Naval Academy, Annapolis, Maryland.
Resolved bg the Senate and House of Rr.pre.eentatrves of the United
States of America in Congress assembled, That in order to provide
for the cornmemor_ztion of the one-hundredth anniversary of the
founding of the United States Naval Academy there i5 hereby estab-
lished a commission to be known as the United States Naval Academy
Centennial Commission (hereafter referred to as the "Cominissiort"),
to be composed oL three. Senators to he appointed by the President
v
of this 'eruct., three 'iinbcrs of the (louse of Representatives to be
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SUBJECT: (Optional)
STATINT
FROM:
EXTENSION
NO. STATINTL
Office of Legislative Counsel
6136
DATE
14 August 1972
TO: (Officer designation, room number, and
b
ildi
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
t
u
ng)
INITIALS
.)
to whom. Draw a line across column after each commen
RECEIVED
FORWARDED
~? AD/DCI/IC
Please excuse the dela in
7E-22
getting back to you on Mr.
f the new
t
o
concern over the impac
2.
Executive Order and the appropriar
tion statute proviso concerning
3,
committees, but I just returned
from a week's leave and saw your
note this morning.STATINTL
4?
I understand ha
talked with you but he is not in
h
e
today, and I do believe that t
5?
TATIN
final word should come from OGC
and will refer the matter to_
6.
STATINTL
It's my view that there is little
ern since: (1) the
fo
r conc
cause
7.
Executive Order, by its own terms,
is not to conflict with statutory
g,
authorities and we have taken the
position that its full implementa-
tion with respect to the intelligent
~?
community would constitute such a
conflict, and (2) the statutory
proviso applies only in those case
10.
where Section 214 of the 1946 Inde-
pendent Offices Appropriation Act
11.
is used as the authority for bearin
the expense of committees. The
the
thorit
i
y,
ts own au
Agency has
12.
1949 Act, and does not need to rely
upon Section 214. Moreover, it
13.
would appear that the 1947 National
Security Act establishing the
Central Intelligence Agency could
14.
be cited as constituting the type of
"prior specific congressi al
f
60
9 o
approval" to which Secti
15.
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INTERNAL
I l US.E P~ou5 SFrRF M CONFIDEITI ttcr Auly D U
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ROUTING AND RECORD SHEET
SUBJECTt (Optional)
STATINTL
FROMt
EXTENSION
NO.
ExecSec / TSCC
3E-30
DATE 4 August 1972 25X1A
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1. AD/DCI/IC
STATINTL
7E- 22
2.
What guidance can you give us
Legislative Counsel
to set Mr.- mind at rest?
Attn: Mr.
3.
On the question raised in para-
STATINTL
graph 2, I think we agreed that
NSCIDs are Presidential directives
4.
and I suppose by derivation the
DCIDs could be so interpreted. (As
you can gather, DCID 1/12 is the
charter for the TSCC. )
6.
The point raised in paragraph 3
is either new to me or I have for-
gotten about it. What do we say
7.
about that?
8.
STATINTL
9.
10.
11.
12.
13.
14.
15.
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