HEARINGS BEFORE CIA OVERSIGHT COMMITTEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100070054-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 20, 2016
• Document Release Date: January 11, 2006
• Sequence Number: 54
• Publication Date: September 19, 1973
• Content Type: MF

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foRNI No, 237 Use previous editions
I67
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19 September 1973
MEMORANDUM FOR: Legislative Counsel
SUBJECT: Hearings Before CIA Oversight Committees
1. Attached is a paper prepared by this office on the
origins of CIA. We feel it might be useful as a first step in
the preparations for our oversight committees' hearings on CIA.
It is a perhaps oversimplified account of how we come from a
situation where the Government had no centralized intelligence
mechanism through OSS and CIG to the National Security Act of
1947 and the CIA Act of 1949, but I think that it sets forth the
basic story. It is not classified and might be the type of thing
that would be useful for preparation of a committee report.
2. I suggest that you talk about this with Mr. Braswell
and Mr. Woolsey (I mentioned it to Mr. Woolsey on the telephone
today), emphasizing that it is just the first step and could be a
lead in to an account of how the centralized intelligence system
works at the present time. I understand such an account is being
worked on by Walter Elder. Mr. Slatinshek's reaction would be
useful too.
cc: Mr. Walter Elder
LAWRENCE R. HOUSTON
Office of General Counsel
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The modern origin of the concept of central intelligence
emerged during World War II. In 1940 the fortunes of Britain
and France were at their lowest ebb. President Roosevelt sent
Colonel William Donovan, a prominent New York attorney and
winner of the Congressional Medal of Honor in World War I,
abroad to assess the situation in Europe. His report indicated
that Britain would hold out, but he urged that the U. S. immediately
organize for global war, including the formation of a "service of
strategic information" which would combine intelligence with the
forces of propaganda and subversion.
Coordinator of Information
Donovan's efforts culminated in the formation of the Office
of Coordinator of Information (COI) by Presidential Order on
July 11, 1941, and Donovan was named as Coordinator. The functions
prescribed for the COI and those eventually enacted as duties of the
CIA were quite similar:
Collect and analyze all information and data,
which may bear upon national security; to
correlate such information and data, and to
make such information and data available to
the President and to such departments and
agencies as the President may determine
and to carry out, when requested by the Presi-
dent, such supplementary activities as may
facilitate the securing of information important
for national security not now available to the
Government.
Under this simple but broad mandate, Donovan began building a
foreign intelligence service.
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Office of Strategic Services
Following the Declaration of War against the AXIS
powers, it was clearly desirable to provide a closer link
between tested and developing capabilities of COI and the Armed
Forces. On June 13, 1942 the President, as Commander in Chief,
issued a military order redesignating the COI as the Office of
Strategic Services (OSS) under the jurisdiction of the Joint Chiefs.
Foreign information activities of COI were transferred to the newly
created Office of War Information--the predecessor of the present
USIA. The charge for OSS was to:
a. Collect and analyze. such strategic in-
formation as may be required by the
United States Joint Chiefs of Staff.
b. Plan and operate such special services
as may be directed. by the United States
Joint Chiefs of Staff.
OSS was forced to adjust to a number of problems which
had not faced COI. COI had received secure support in the form
of funding, contracting and other services from the Executive
Office. This arrangement could not: be continued indefinitely.
Consequently, OSS needed and was granted certain specific
authority.
The President extended to OSS the same privilege to enter
into contracts ". . . without regard to the provisions of law relating
to the marking, performance, amendment, or modification of con-
tracts.... " as had been earlier granted to the War Department,
the Navy Department, and the United States Maritime Commission
under the First War Powers Act of 1941.
From its inception, OSS operated under two unusual
rules relating to the expenditure of Government monies. One per-
mitted latitude concerning the purpose for which funds could be
expended. The other protected against the unauthorized disclosure
of the purpose and details of certain expenditures. The Director of
OSS enjoyed the confidence of Congress in the exercise of this broad
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grant of authority and this confidence in him was sustained
in subsequent appropriation acts (1945 and 1946 war appro-
priations acts) in which funds were specifically allocated for
OSS.
Shortly after the creation of OSS, top level officials
in the U. S. intelligence community 'began to think about a peace-
time intelligence service. Donovan stated his views on the
subject in October 1944 in a document presented to President
Roosevelt entitled "The Basis for a Permanent United States
Foreign Intelligence Service. " Under Donovan's plan the serv-
ice would collect, analyze and deliver intelligence on the policy
or strategy level; have its own means of communication and
control over its secret operations; and would not have any police
function. An individual rather than a collective responsibility
for national intelligence was proposed. Finally, the director of
the proposed organization would be responsible directly to the
President. The President returned the document to Donovan
commenting that he had been advised that a better and cheaper
intelligence system was possible, but also requesting that Donovan
continue his work on a post-war intelligence service.
Nearly two years of study and discussion ensued, during
which time the OSS was disbanded as part of the post-war demobili-
zation. (The espionage, counterespionage and support sections of
the OSS, however, were transferred. as a holding action to the
Department of the Army and became the Strategic Services Unit.)
Although there was general agreement that a central intelligence
service was needed, there were conflicting views on the mechanics,
particularly whether the service should report to the Joint Chiefs,
the Department of State, or to the President, and whether there
should be individual or collective responsibility for national intelli-
gence.
By late 1945 many people were urging the necessity of
a central intelligence agency. The Congressional investigation
of Pearl Harbor was having an evident effect upon public opinion.
It seems that there was sufficient information available in diverse
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parts of the government and military establishments to forewarn
of the December 7, 1941, attack. But no one individual had the
responsibility to correlate, analyze and report such intelligence
information to the President.
Central Intelligence Group
The end product of these two years of study and debate
was the issuance on January 22, 1946 of a Presidential Order
creating the Central Intelligence Group (CIG). The Order reflected
much of the thinking and work that had gone on during the war.
A National Intelligence Authority was created, composed of the
Secretaries of State, War and Navy and the Military Chief of Staff
to the President. The Director of the Central Intelligence Group
was designated by the President and the responsibility for
national intelligence was clearly fixed on the Director, rather
than on a collective body as urged by some. The Executive Order
provided for direction and control from the President's chief
advisers in international and military affairs. It also provided
a focal point for the correlation of foreign intelligence, its proper
coordination and dissemination, and for all other needs affecting
national intelligence.
From the OSS the CIG and. the present day intelligence
community inherited certain assets. Among these were records
and some methods and means of procuring both overt and secret
intelligence. There were certain basic counterespionage files
developed with the advice and assistance of some foreign intelligence
services, particularly the British. There was a considerable
reservoir of knowledge of procedures for research and analysis
of basic intelligence information. There were some skilled
personnel. Finally, but far from last in importance, there were
agreements with key foreign intelligence services.
A number of functions from the wartime agencies and
from departments which were anticipating reductions in budget
under peacetime conditions were transferred to the CIG. In par-
ticular, the nucleus of the GIG was formed by the transfer of the
Strategic Services Unit from the Department of the Army. It be-
came the Office of Special Operations- -charged with the espionage
and counterespionage functions. New capabilities were also quickly
developing in the CIG.
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With the expiration of the President's war powers, it
was recognized that Congressional authorization for the CIG was
necessary. Consequently, a comprehensive legislative proposal
was drafted to establish a Central Intelligence Agency (CIA).
The proposal contained all but a few of the provisions of the CIG
Executive Order but also sought administrative authorities sufficient
to the autonomy envisaged. Notably, the authority to hire personnel
directly and an independent budget had been denied CIG.
The proposed draft was fully representative of a perma-
nent authorization for a Central Intelligence Agency. However, as
events transpired, provisions relating to CIA's functional responsi-
bility as well as its structural relationship within the Executive
Branch would be enacted in 1947, while administrative authorities,
for the most part, would be enacted in 1949. Comprehensive enabling
legislation for CIA was subordinated in early 1947 to the more pressing
need of obtaining unification of the military departments.
A team for drafting the National Security Act of 1947 was
assembled within the White House and on February 26, 1947,
President Truman submitted draft legislation to Congress. Although
unification of the military departments was considered the prime
goal of the legislation, Congress was to delve into the CIA provisions
at some length. In fact, during the floor discussion of the bill in
the House chamber, Mr. Carter Manasco, (D., Alabama), a member
of the House Committee which had marked up the bill said: "This
section on central intelligence was given more study by our Subcom-
mittee and the Full Committee than any other section of the bill. "
After almost five months of deliberation, Congress enacted
the National Security Act of 1947 on July 25, 1947. It was signed by
President Truman the following day?
Central Intelligence Agency
Section 102 of the Act established the position of the
Director of Central Intelligence and the Central Intelligence Agency.
It also established functions and executive branch relationships for
central intelligence. Congress provided the Agency with a definitive
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charter which did not unduly circumscribe, curtail, or interfere
with functions of other agencies and departments of Government.
Because of concern for international law, there was no mention
of "espionage, " but the intent of Congress was clear--the U. S.
was indeed in the business of peacetime espionage. The word
"intelligence" was not given a specific statutory definition but
was understood to encompass espionage and other activities
deemed by the President to be in the interest of national security.
The Act provides that in the interest of national security
the CIA will advise the National Security Council on intelligence
activities of the Government, make recommendations to the National
Security Council for the coordination of such activities, correlate
and evaluate foreign intelligence, perform additional services of
common concern and such other functions and duties relating to
intelligence as the National Security Council may direct.
This latter language was designed to enable the CIA to
conduct such, foreign activities as the national Government may find
it convenient to assign to a "secret service. " These activities
have always been secondary to the production of intelligence and
under direct control by the executive branch.
Controversy surrounding the Agency, which was prompted
primarily by a misunderstanding of the functions to be performed,
was resolved for the most part to the satisfaction of all parties con-
cerned. On a more general level the legislative history surrounding
CIA bespeaks of overwhelming support for institutionalizing foreign
intelligence to serve the needs of the President and his policy
advisers.
On June 20, 1949 Congress enacted the CIA Act of 1949
providing for the administration of the CIA. Important provisions
of the Act include: authorization for the CIA to exercise the
authorities of a number of sections of the. Armed Services Procure-
ment Act of 1947; authority to transfer monies between CIA and other
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Government agencies with the approval of the Bureau of the
Budget, but without regard to limitations of appropriations from
which transferred; the authority to expend sums necessary to
carry out CIA's function, notwithstanding any provision of law
to the contrary; and last, but not least, for objects of a confi-
dential, extraordinary, or an emergency nature expenditures
could be accounted for solely on the certificate of the Director,
and every such certificate shall be deemed a sufficient voucher
for the amount therein certified. This certification language
was taken directly from the various appropriations acts for the
latter years of OSS and was deemed essential to protect the
secrecy of intelligence operations. The 1949 act was drafted
in support of the broadest concept of intelligence and was based
mainly on the experience of OSS and the legal and legislative
problems faced in the conduct of its multifaceted operations.
The creation of the CIA was now complete with- its roots buried
in a composite of legislative and executive action.
Att s
Tab A: Presidential Order Establishing the Central Intelligence
Group
Tab B: Section 102 of the National Security Act of 1947 (as amended)
Tab C: Central Intelligence Agency Act of 1949 (as amended)
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THE WHITE HOUSE WASHINGTON , January 22, 1946
To The Secretary of State,
The Secretary of War, and
The Secretary of the Navy.
1. It is my desire, and I hereby direct, that all Federal foreign
intelligence activities be planned, developed and coordinated so as to
assure the most effective accomplishment of the intelligence mission
related to the national security. I hereby designate you, together with
another person to be named by me as my personal representative, as
the National Intelligence Authority to accomplish this purpose.
2. Within the limits of available appropriations, you shall each
from time to time assign persons and facilities from your respective
Departments, which persons shall collectively form a Central Intelli-
gence Group and shall, under the direction of a Director of Central
Intelligence, assist the National Intelligence Authority. The Director
of Central Intelligence shall be designated by me, shall be responsible
to the National Intelligence Authority, and shall sit as a non-voting
member thereof.
3. Subject to the existing law, and to the direction and control
of the National Intelligence Authority, the Director of Central Intelli-
gence shall:
a. Accomplish the correlation and evaluation of.
intelligence relating to the national security, and the
appropriate dissemination within the Government of the
resulting strategic and national policy intelligence. In
so doing, full use shall be made of the staff and facilities
of the intelligence agencies of your Departments.
b. Plan for the coordination of such of the activities
of the intelligence agencies of your Departments as relate
to the national security and recommend to the National
Intelligence Authority the establishment of such over-all
policies and objectives as will assure the most effective
accomplishment of the national intelligence mission.
c. Perform, for the benefit of said intelligence
agencies, such services of common concern as the National
Intelligence Authority determines can be more efficiently
accomplished centrally.
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d. Perform such other functions and duties related
to intelligence affecting the national security as the Presi-
dent and the National Intelligence Authority may from time
to time direct.
4. No police, law enforcement or internal security functions
shall be exercised under his directive.
5. Such intelligence received by the intelligence agencies of
your Departments as may be designated by the National Intelligence
Authority shall be freely available to the Director of Central Intelli-
gence for correlation, evaluation or disse.nination. To the extent
approved by the National Intelligence Authority, the operations of
said intelligence agencies shall be open to inspection by the Director
of Central Intelligence in connection with planning functions.
6. The existing intelligence agencies of your Departments
shall continue to collect, evaluate, correlate and disseminate depart-
mental intelligence.
7. The Director of Central Intelligence shall be advised by
an Intelligence Advisory Board consisting of the heads (or their
representatives) of the principal military and civilian intelligence
agencies of the Government having functions related to national
security, as determined by the National Intelligence Authority.
8. Within the scope of existing law and Presidential direc-
tives, other departments and agencies of the executive branch of
the Federal Government shall furnish such intelligence information
relating to the national security as is in their possession, and as
the Director of Central Intelligence may from time to time request
pursuant to regulations of the National Intelligence Authority.
9. Nothing herein shall be construed to authorize the making
of investigations inside the continental limits of the United States and
its possessions, except as provided by law and Presidential directives.
10. In the conduct of their activities the National Intelligence
Authority and the Director of Central Intelligence shall be responsible
for fully protecting intelligence sources and methods.
. Sincerely yours,
Isl Harry Truman
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NATIONAL SECURITY ACT OF 1947,
as amended
(61 Stat. 495, P.L. 80-253, July 26, 1947;
63 Stat. 578, P.L. 81-216, August 10, 1949;
65 Stat. 373, P.L. 82-165, October 10, 1951;
67 Stat. 19, P.L. 83-15, April 4, 1953;
68 Stat. 1226, P.L. 83-779, September 3, 1954;
70A Stat. 679, P.L. 84-1028, August 10, 1956;
78 Stat. 484, P.L. 88-448, August 10, 1964)
50
U.C.A.
s.403
CENTRAL INTELLIGENCE AGENCY
SEc. 102. (a) There is established under the National Security
Council a Central Intelligence Agency with a Director of Central In-
telligence who shall be the head thereof, and with a Deputy Direc-
tor of Central Intelligence who shall act for, and exercise the
powers of, the Director during his absence or disability. The Direc-
tor and the Deputy Director shall be appointed by the President,
by and with the advice and consent of the Senate, from among the
commissioned officers of the armed services, whether in an active or
retired status, or from among individuals in civilian life: Provided,
however, That at no time shall the two positions of the Director
and Deputy Director be occupied simultaneously by commissioned
officers of the armed services, whether in an active or retired
status.
(b) (1) If a commissioned officer of the armed services is ap-
pointed as Director, or Deputy Director, then-
(A) in the performance of his duties as Director, or Deputy
Director, he shall be subject to no supervision, control, restriction,
or prohibition (military or otherwise) other than would be opera-
tive with respect to him if he were a civilian in no way connected
with the Department of the Army, the Department of the Navy,
the Department of the Air Force, or the armed services or any
component thereof; and
(B) he shall not possess or exercise any supervision, control,
powers, or functions (other than such as he possesses, or is au-
thorized or directed to exercise, as Director, or Deputy Director)
with respect to the armed services or any component thereof, the
Department of the Army, the Department of the Navy, or the
Department of the Air Force, or any branch, bureau, unit, or divi-
sion thereof, or with respect to any of the personnel (military or
civilian) of any of the foregoing.
(2) Except as provided in paragraph (1) of this subsection, the
appointment to the office of Director, or Deputy Director, of a
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commissioned officer of the armed scrvices, and his acceptance of
and service in such office, shall in no way affect any status, office,
rank, or grade he may occupy or hold in the armed services, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of any such status, office, rank, or grade. Any such
commissioned officer shall, while serving in the office of Director,
or Deputy Director, continue to hold rank and grade not lower
than that in which serving at the time of his appointment and to
receive the military pay and allowances (active or retired, as the
case may be, including personal money allowance) payable to a
commissioned officer of his grade and length of service for which
the appropriate department shall be reimbursed from any funds
available to defray the expenses of the Central Intelligence Agency.
He also shall be paid by the central Intelligence Agency from
such funds an annual compensation at a rate equal to the amount
by which the compensation established for such position exceeds
the amount of his annual military pay and allowances.
(3) The rank or grade of any such commissioned officer shall,
during the period in which such commissioned officer occupies the
office of Director of Central Intelligence, or Deputy Director of
Central Intelligence, be in addition to the numbers and percentages
otherwise authorized and appropriated for the armed service of
which be is a member.'-
(c) Notwithstanding the provision:; of section 652 [now 7501)
of Title 5,k? or the provisions of any other law, the Director of
Central Intelligence may, in his discretion, terminate the employ-
ment of any officer or employee of the Agency whenever he shall
deem such termination necessary or advisable in the interests of
the United States," but such termination shall not affect the right
of such officer or employee to seek or accept employment in any
other department or agency of the Government if declared eligible
for such employment by the United States Civil Service Commis-
sion.
(d) For the purpose of coordinating the intelligence activities
of the several Government departments and agencies in the interest
of national security, it shall be the duty of the Agency, under
the direction of the National Security Council-
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(1) to advise the National Security Council in matters con-
cerning such intelligence activities of the Government departments
and agencies as relate to national security;
(2) to make recommendations to the National Security Council
for the coordination of such intelligence activities of the depart-
ments and agencies of the Government as relate to the national
security;
(3) to correlate and evaluate intelligence relating to the na-
tional security, and provide for the appropriate dissemination of
such intelligence within the Government using where appropriate
existing agencies and facilities: Provided, That the Agency shall
have no police, subpoena, law-enforcement powers, or internal-
security functions: Provided further, That the departments and
other agencies of the Government shall continue to collect, evaluate,
correlate, and disseminate departmental intelligence: And provided
further, That the Director of Central Intelligence shall be respon-
sible for protecting intelligence sources and methods from unau-
thorized disclosure;
(4) to perform, for the benefit of the existing intelligence agen-
cies, such additional services of common concern as the National
Security Council determines can be more efficiently accomplished
centrally;
(5) to perform such other functions and duties related to in-
telligence affecting the national security as the National Security
Council may from time to time direct.
(e) To the extent recommended by the National Security Coun-
cil and approved by the President, such intelligence of the de-
partments and agencies of the Government, except as hereinafter
provided, relating to the national security shall be open to the
inspection of the Director of Central Intelligence, and such in-
telligence as relates to the national security and is possessed by
such departments and other agencies of the Government, except
its hereinafter provided, shall be made available to the Director
of Central Intelligence for correlation, evaluation, and. dissemi-
nation: Provided, however, That upo:a the written request of the
Director of Central Intelligence, the Director of the Federal Bureau
of Investigation shall make available to the Director of Central
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Intelligence such information for correlation, evaluation, and dis-
semination as may be essential to the national security.
(f) Effective when the Director first appointed under sub-
section (a) of this section has taken office-
(1) the National Intelligence Authority (11 Fed. Reg. 1337,
1339, February 5, 1946) ' shall cease to exist; and
(2) the personnel, property, and records of the Central Intelli-
gence Group are transferred to the Central Intelligence Agency,
and such Group shall cease to exist. Any unexpended balances of
appropriations, allocations, or other funds available or authorized
to be made available for such Group shall be available and
shall be authorized to be made available in like manner for
expenditure by the Agency.
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949,
as amended
(63 Stat. 208, P.L. 81-110, June 20, 1949;
64 Stat. 450, P.L. 81-697, August 16, 1951);
65 Stat. 89, P.L. 82-53, June 26, 1951;
68 Stat. 1105, P.L. 83-763, September 1, 1954;
72 Stat. 327, P.L. 85-507, July 7, 1958;
74 Stat. 792, P.L. 86-707, September 6, 1960;
78 Stat. 484, P.L. 88-448, August 19, 1964)
AN ACT
To provide for the administration of the Central Intelligence Agency,
established pursuant to section 102, National Security Act of 1947, and for
other purposes.
Be it enacted by the Senate and Howe of Representatives of the United
States of America in Congress assembled,
DEFINITIONS
SECTION 1. When used in sections 403b-403j of this title, -s the
term-
(a) "Agency" means the Central Intelligence Agency;
(b) 'Director" means the Director of Central Intelligence;
(c) "Government agency" means any executive department, com-
mission, council, independent establishment, corporation wholly m 2a A.
or partly owned by the United States which is an instrumentality of
the United States, board, bureau, division, service, office, officer,
authority, administration, or other establishment, in the executive
branch of the Government.
SEAL OF OFFICE
SEC. 2. The Director of Central Intelligence shall cause a
seal of office to be made for the Central Intelligence Agency, of
such design as the President shall approve, and judicial notice
shall be taken thereof.
PROCUREMENT AUTHORITIES
SEC. 3. (a) In the performance of its functions the Central
Intelligence Agency is authorized to exercise the authorities con-
tained in sections (2(c)(1), (2), (3), (4), (5), (6), (10), (12),
(15), (17), and sections 3, 4, 5, 6, and 10 of the Armed Services
50
U.S.C.A.
403b.
50
U.S.C.A
4030.
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so
U.S.C.A.
403e.
Procurement Act of 1947 (Public Law 413, Eightieth Congress,
second session) ].
(b) In the exercise of the authorities granted in subsection (a)
of this section, the term "Agency head" shall mean the Director,
the Deputy Director, or the Executive of the Agency:
(c) The determinations and decisions provided in subsection
(a) of this section to be made by the Agency head* may be made
with respect to individual purchases and contracts or with respect
to classes of purchases or contracts, and shall be final. Except as
provided in subsection (d) of this section, the Agency head is
authorized to delegate his powers provided in this section, in-
cluding the making of such determinations and decisions, in his
discretion and subject to his direction, to any other officer or
officers or officials of the Agency.
(d) The power of the Agency head to make the determinations or
decisions specified in [paragraphs (:L2) and (15) of section 2 (c) and
section 5 (a) of the Armed Services Procurement Act of 1947] shall
not be delegable. Each determination or decision required by [para-
graphs (12) and (15) of section 2 (c), by section 4 or by section 5 (a)
of the Armed Services Procurement: Act of 1947],' shall be based
upon written findings made by the official making such determina-
tions, which findings shall be final. and shall be available within
the Agency for a period of at least six years following the date of
the determination.
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 4. Under such regulations as the Director may prescribe,
the Agency, with respect to its officers and employees assigned to
duty stations : outside the several states of the United States of
America, excluding Alaska and Hawaii, but including the District of
Columbia, shall-
. (1) (A) pay the travel expenses of officers and employees of
the Agency, including expenses incurred while traveling pursuant
to authorized home leave;
. (B) pay the travel expenses of members of the family of an officer
or employee of the Agency when proceeding to or returning from
his post of duty; accompanying him, on authorized home leave; or
otherwise traveling in accordance with authority granted pursuant
to the terms of sections 403a-403j of this title or any other Act;
(C) pay the cost of transporting the furniture and household and
personal effects of an officer or employee of the Agency to his suc-
cessive posts of duty and, on the termination of his services, to his
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residence at time of appointment or to a point not more distant, or,
upon retirement, to the place where he will reside; ,
(D) pay the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Agency,
when he is absent from his post of assignment under orders, or
when he is assigned to a post to which he cannot take or at which
he is unable to use such furniture and household and personal
effects, or when it is in the public interest or more economical to
authorize storage; but in no instance shall the weight or volume of
the effects stored together with the weight or volume of the effects
transported exceed the. maximum limitations fixed by regulations,-
when not otherwise fixed by law; (E) pay the cost of packing and unpacking, transporting to and
from a place of storage, and storing the furniture and household
and personal effects of an officer or employee of the Agency in
connection with assignment or transfer to a new post, from the date
of his departure from his last post or from the date of his departure
from his place of residence in the case of a new officer or employee
and for not to exceed three months after arrival at the new post,
or until the establishment of residence quarters, whichever shall be
shorter; and in connection with separation of an officer or employee
of the Agency, the cost of packing and unpacking, transporting to
and from a place of storage, and storing for a period not to exceed
three months, his furniture and household and personal effects; but
in no instance shall the weight or volume of the effects stored to-
gether with the weight or volume of the effects transported ex-
ceed the maximum limitations fixed by regulations, when not
otherwise fixed by law;
(F) pay the travel expenses and transportation costs incident to
the removal of the members of the family of an officer or employee
of the Agency and his furniture and household and personal effects,
including automobiles, from a post at which, because of the prev-
alence of disturbed conditions, there is imminent danger to life and
property, and the return of such persons, furniture, and effects to
such post upon the cessation of such conditions; or to such other
post as may in_the meantime have become the post to which such
officer or employee has been assigned.
(2) Charge expenses in connection with travel of personnel, their
dependents, and transportation of their household goods and per-
sonal effects, involving a change of permanent station, to the ap-
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propriation for the fiscal year current when any part of either the
travel or transportation pertaining to the transfer begins pursuant
to previously issued travel and transfer orders, notwithstanding the
fact that such travel or transportation may not all be effected during
such fiscal year, or the travel and transfer orders may have been
issued during the prior fiscal year.
(3) (A) Order to any of the several, States of the United States of
America (including the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United States)
on leave of absence each officer or employee of the Agency who
was a resident of the United States (as described above) at time of
employment, upon completion of two years' continuous service
abroad, or as soon as possible thereafter.
(B) While in the United States (as described in paragraph (3)
(A) of this section) on leave, the service of any officer or employee
shall be available for work or duties in the Agency or elsewhere as
the Director may prescribe; and the time of such work or duty
shall not be counted as leave.
(C) Where an officer or employee on leave returns to the United
States (as described in paragraph (3) (A) of this section), leave of
absence granted shall be exclusive of the time actually and neces-
sarily occupied in going to and from the United States (as so
described) and such time as may be necessarily occupied in awaiting
transportation.
(4) Notwithstanding the provisions of any other law, transport
for or on behalf of an officer or employee of the Agency, a privately
owned motor vehicle in any case in which it shall be determined
that water,'rail, or air transportation of the motor vehicle is neces-
sary or expedient for all or any part of the distance between points
of origin and destination, and pay the costs of such transportation.
Not more than one motor vehicle of any officer or employee of the
Agency may be transported under authority of this paragraph during
any four-year period, except that, as a replacement for such motor
vehicle, one additional motor vehicle of any such officer or em-
ployee may be so transported during such period upon approval,
in advance, by the Director and upon a determination, in advance,
by the Director that such replacement is necessary for reasons
beyond the control of the officer or employee and is in the interest
of the Government. After the expiration of a period of four years ,
following the date of transportation under authority of this para-
graph of a privately owned motor vehicle of any officer or employee
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who has remained in continuous service outside the several States
of the United States of America, exc:uding Alaska and Hawaii, but
including the District of Columbia, during such period, the trans-
portatioei of a replacement for such motor vehicle for such officer
or employee may be authorized by the Director in accordance with
this paragraph.
(5) (A) In the event of illness or injury requiring the hospitaliza-
tion of an officer or full time employee of the Agency, not the result
of vicious habits, intemperance, or misconduct on his part, incurred
while on assignment abroad, in a locality where there does not exist
a suitable hospital or clinic, pay the travel expenses of such officer
or employee by whatever means he shall deem appropriate and
without regard to the Standardized Government Travel Regulations
and section 73b [now section 5731 (a)] of Title 5, to the nearest
locality where a suitable hospital or clinic exists and on his recovery
pay for the travel expenses of his return to his post of duty. If the
officer or employee is too ill to travel unattended, the Director may
also pay the travel expenses of an attendant;
(B) Establish a first-aid station and provide for the services of a
nurse at a post at which, in his opinion, sufficient personnel is em-
ployed to warrant such a station: Provided, That, in his opinion, it
is not feasible to utilize an existing facility;
(C) In the event of illness or injury requiring hospitalization of
an officer or full time employee of the Agency, not the result of
vicious habits, intemperance, or misconduct on his part, incurred
in the line of duty while such person is assigned abroad, pay for
the cost of the treatment of such illness or injury at a suitable
hospital or clinic;
(D) Provide for the periodic physical examination of officers and
employees of the Agency and for the cost of administering inocula-
tions or vaccinations to such officers or employees.
(6) Pay the costs of preparing and transporting the remains of an
officer or employee of the Agency or a member of his family who
may die while in travel status or abroad, to his home or official
station, or to such other place as the Director may determine to be
the appropriate place of interment, provided that in no case shall
the expense payable be greater than the amount which would have
been payable had the destination been the home or official station.
(7) Pay the costs of travel of new appointees and their depend-,
ents, and the transportation of their household goods and personal
effects, from places of actual residence in foreign countries at time
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of appointment to places of employment and return to their actual
.residences at the time of appointment or a point not more distant:
Provided, That such appointees agree in writing to remain with the
United States Government for a period of not less than twelve
months from the time of appointment.
Violation of such agreement for personal convenience of an em-
ployee or because of separation for misconduct will bar such return
payments and, if determined by the Director or his designee to be
in the best interests of the United States, any money expended by
the United States on account of such travel and transportation shall
be considered as a debt due by the individual concerned to the
United States.
SEc. 5. In the performance of its functions, the Central Intelli-
gence Agency is authorized to '?'-
(a) Transfer to and receive from other Government agencies such U.S. c
sums as may be approved by the Bureau of the Budget,- for the 4?ai- I
performance of any of the functions or activities authorized under
sections 403 and 405 of this title, and any other Government
agency is authorized to transfer to or receive from the Agency such
sums without regard to any provisions of law limiting or prohibiting
transfers between appropriations. Suns transferred to the Agency in
accordance with this paragraph may be expended for the purposes
and under the authority of sections 403a-403j of this title without
regard to limitations of appropriations from which transferred;
(b) Exchange funds without regard to section 543 of Title 31;
(c) Reimburse other Government agencies for services of per-
sonnel assigned to the Agency, and such other Government agencies
are authorized, without regard to provisions of law to the
contrary, so to assign or detail any officer or employee for duty
with the Agency;
(d) Authorize couriers and guards designated by the Director to
carry firearms when engaged in transportation of confidential docu-
ments and materials affecting the national defense and security;
(e) Make alterations, improvements, and repairs on premises
rented by the Agency, and pay rent therefor without regard _ to
limitations on expenditures contained in the Act of June 30, 1932,
as amended: Provided, That in each case the Director shall certify
that exception from such limitations is necessary to the successful
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50
U.S.C.A.
403g.
50
U.S.C.A.
403h.
performance of the Agency's functions or to the security of its
activities.
SEC. 6. In the interests of the security of the foreign intelli-
gence activities of the United States and in order further to
implement the proviso of section 403(d)(3) of this title that the
Director of Central Intelligence shall be responsible for protecting
intelligence sources and methods from unauthorized disclosure, the
Agency shall be exempted from the provisions of section 654 of
Title 5, and the provisions of any other law which require the
publication or disclosure of the organization, functions, names,
official titles, salaries, or numbers of personnel employed by the
Agency: Provided, That in furtherance of this section, the Director
of the Bureau of the Budget shall make no reports to the Congress
in connection with the Agency under section 947(b) of Title 5.
SEc. 7. Whenever the Director, the Attorney General, and
the Commissioner of Immigration shall determine that the entry
of a particular alien into the United States for permanent residence
is in the interest of national security or essential to the furtherance
of the national intelligence mission, such alien and his immediate .
family shall be given entry into the United States for permanent
residence without regard to their inadmissibility under the immi-
gration or any other laws and regulations, or to the failure to
comply with such laws and regulations pertaining to admissibility:
Provided, That the number of aliens and members of their imme-
diate families entering the United States under the authority of this
section shall in no case exceed one hundred persons in any one
fiscal year.
50
U.S.C.A.
403'.
SEC. S. (a) Notwithstanding any other provisions of law, sums
made available to the Agency by appropriation or otherwise may be
expended for purposes necessary to carry out its functions,
including-
(1) personal services, including personal services without regard
to limitations on types of persons to be employed, and rent at the
seat of government and elsewhere; health-service programs as au-
thorized by section 150 [now section 7901] of Title 5; rental of
news-reporting services; purchase or rental and operation of photo-
graphic, reproduction, cryptographic, duplication and printing ma-
chines, equipment and devices, and radio-receiving and. radio-send-
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ing equipment and devices, including telegraph and teletype
equipment; purchase, maintenance, operation, repair, and hire of
passenger motor vehicles, and aircraft, and vessels of all kinds;
subject to policies established by the Director, transportation of
officers and employees of the Agency in Government-owned auto-
motive equipment between their domiciles and places of employ-
ment, where such personnel are engaged in work which makes such
transportation necessary, and transportation in such equipment, to
and from school, of children of Agency personnel who have quarters
for themselves and their families at isolated stations outside the
continental United States where adequate public or private trans-
portation is not available; printing and binding; purchase, mainte-
nance, and cleaning of firearms, including purchase, storage, and
maintenance of ammunition; subject to policies established by the
Director, expenses of travel in connection with, and expenses inci-
dent to attendance at meetings of professional, technical, scientific,
and other similar organizations when such attendance would be
a benefit in the conduct of the work of the Agency; association and
library dues; payment of premiums or costs of surety bonds for
officers or employees without regard to the provisions of section 14
of Title 6; payment of claims pursuant to Title 28; acquisition of
necessary land and the clearing of such land; construction of build-
ings and facilities without regard to sections 259 and 267 of Title
40; repair, rental, operation, and maintenance of buildings, utili-
ties, facilities, and appurtenances; and
(2) supplies, equipment, and personnel and contractual services
otherwise authorized by law and regulations, when approved by the
Director.
(b) The sums made available to the Agency may be expended
without regard to the provisions of law and regulations relating to
the expenditure of Government funds; and for objects of a con-
fidential, extraordinary, or emergency nature, such expenditures to
be accounted for solely on the certificate of the Director and
every such certificate shall be deemed a sufficient voucher for the
amount therein certified.
SEC. 9. If any' provision of this Act, or the application of
such provision to any person or circumstances, is held invalid, the
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remainder of this Act or the application of such provision to persons
or circumstances other than those as to which it is held .invalid, shall
not be affected thereby.
SEC. 10. This Act may be cited as the "Central Intelligence
Agency Act of 1949."
Approved June 20, 1949.
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