CERTIFICATION OF VOUCHERS FOR THE EXPENDITURE OF CONFIDENTIAL FUNDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100110006-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: December 9, 2002
• Sequence Number: 6
• Publication Date: October 12, 1945
• Content Type: MEMO

STAT
'O ANDUM
1. On 20 September 1945 the president Issued Ex
e--utive Order No. 9621, effective 1 October 1945, in which
torminatod the Office of Strategic Services and disposed
its functions.
"3TE,CT: Certification of Vouchers for the Expenditure .of
Confidential Funds
2? This order roads in part as follows:
"By virtue of the authority vested in me by the
Constitution and Statutes,. including Title
First War Powers Act, 1941, and as President of the
United States and Commander in Chiefofhe of the
Navy, it is hereby ordered as follows; Arrnp and
c
Joint Chiefs of Staff rel ?3 and of the United States
na
Director of Strategic Sorvi ?d': no functions of the
and the Office, including the officeDotfatheeDirect~orrof
Strate~,io Services, is torrsi
t
"3. All functions of the Office not transferred
by paragraph 1 of this order, together with all person-
nol, records, property, and funds of the Office not so
transferred, are transiorrod t
"1.
2. # # ,}
forrod by this paragraph, arentransferred toithe Secre-
tary of War. tt-r
s: s Appropriation Act, 1946 Iin aPPropr (Nati
for the Office of Strategic Servicesifornthe
.>eca year, 1946, Specifies:
STAT "Provided, .That of 'this a
may be expen a withou -tie and t ppropriation
B
h
o t
e provisions of law
and regulations relatin to t
B h
e expenditure of Govern
rove 44-' 2003/03'/06: CIA-RDP60m*
C~ a'OR0001001,10006-9,
N? -62
i =%
 ILLEGIB
(3y
or Ruse 2003I033: CIA-RDP90-0061018000100110006-9
ana powers to oureaus, oi?rloes, eta., upon ter-
.tion of sections
"All laws or parts of laws 'conflicting with tho, pro-
Of this title (suctions 601-C05 of this Appendix)'
(sections 601-695 of this Appendix) is in force.
^,-ron the termination of this title `(sections 601
Apnondix) all executive or admintatrative
this Appendix) to tao contrary notwithsLa:idinG." (5u.
App. USCA 605)
of the r iry. r l'xnt undue tale tiLlr, (s cLici.s? ('Q1.-' U6 of
5. We must face thoroforo the historical' position
of. OSS in relation to this statute in the f ollowin,3 manner;
?(a) The office of the Coordinator of Inrorwation
was estahlis`hod by Isxocutivo
Order
of
11
July
1941.
Then the President by order
datod
13
Juno
1942
do-
nation. exclusivo of the portion transforro.d to Owl
should thoroaftcr be known as the Office of ' Strategic
Services. Thoroforc, the First .'a, lowors Act is
applicable to OSS as an agency whose predecessor
was in existence on 10 December 19,11.
Glared that the office of the Coordinator of Infor-
...as above quoted, the President does have the .authority
(h) By, the provisions of the rirst ',far Powors Act
to transfer a portion of. 0 yS to the -lar Department
.and to transfer to the Secretary of War the funeti
be exercised by: the, head of the departent or an. assistant or,
tionary power is- granted to the' head of a department.' it must
applying to officers of the Government that Where 'a discre-?
tivo function. It is a well recognized , principle 'of the law ;
(o) The Secretary of ;;.'ar may exorcise the powers
granted to the Director of OSS in the National War
Agencies Appropriation Act, 1946, provided that the
funds are expended only for. the purposes for which
they were appropriated in said act. _
of the Director of the Office of Strategic. Services.
6. The. exorcise of the, power to certify vo;xc..ors for "
the expenditure of confidential funds calls for the highest dis-
cretion and Judgment. It is certainly not a merely administra-
 lro~ed For Roe se 2003/03/ CIA-RDP90-0061&00100110006-9
O &F,
;n viorr of tlto crordinr. of tho currontSWar Dopcrtriont Ap-
.c to CIG from thct 47ar Dcpartmont t.ppropriation my not, be
cant i:tod in tho Act to e-,t~y such 07
i;t rrd under tho War Dopart'.^tont and '!ilitary 7:otabli:.1,-
:aro rutltority is granted in of or provisions of the Ap-
,,on Anti to pray tuition Oxpon. oa, aueh authority is liltoriiao
43 llitnzry' pornonnol or oivilit r erployooa in and undar
,, art'tcsnC and btiait;ar"~ Data.tlialtnont.
;`,:+r~~fora~ tlzia offico ip of t?:a opinion that Lttitionn
r.;.d othor r'-latod eXponoo3 incident to tita zonclin- of
.o,,-)t) to a lcnCuntu cehool nay not ba paid fron tlto funds
::i to (;~{I rhoro t1 oro is no a, porational naooraity. ? If 'It
:. a tvaly is dotorrained that it is nocoaaary to oond at
ciployoe of CIG to a school to acquiro certain quali-.
kno'rladrr.a assontirl in the porfornanou of his dutioa
s: ?rhiah are not othorciiao availablo, tharo would appear ( -
objection to tl:n ,r+-;ont of tuition coots and otho
rolotod o:cponco a from tho unvouchercd i ndc avaiLab1o to
r;'r)ropriato uco of funds for this pity, oso would be baaod
~ination t? to shah orpondituroc are nacosatsry in the op-
up; ortacl by tihu rnatr~ in each pnrti-
..a of CIS untl itlioulc. 'ao ti
:t in the opinion o. . 's offico that tho Qpn,?ovc.1 for the
t:
o of t:n'rouahoroc; r%,n da for cuah a purpoco nooocaarily rust
t:ta Dir octor, ? since curront : pooial i ti:nda Rot-,ulations do
for the poyvtont of such oxpenaos.
..701111 ua ti?IA1RN'.M
.Asai: tent Conaral Counsol
\pproved For Release'
A-RDP9CF00610R0001110006-9