PROVIDING FOR THE ADMINISTRATION OF THE CENTRAL INTELLIGENCE AGENCY, ESTABLISHED PURSUANT TO SECTION 102 NATIONAL SECURITY ACT OF 1947
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00610R000200110004-0
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RIFPUB
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K
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4
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December 19, 2016
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October 11, 2006
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4
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Publication Date:
March 10, 1949
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OPEN
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Calendar No. 90
81ST CONGRESS
1.st Session
SENATE J REPORT
No. 106
PCL c.c `cI
PROVIDING FOR THE ADMINISTRATION OF THE CENTRAL IN-
TELLIGENCE AGENCY, ESTABLISHED PURSUANT TO SECTION
102, NATIONAL SECURITY ACT OF 1947
MARCH 10 (legislative day, FEBRUARY 21), 1949.-Ordered to be printed
Mr. TYDINGS, from the Committee on Armed Services, submitted the
following
REPORT
The Committee on Armed Services, to whom was referred the bill
(H. R. 2663) to provide for the administration of the Central Intelli-
gence Agency, established pursuant to section 102, National Security
Act of 1947, and for other purposes, having considered the same report
favorably thereon without amendment and recommend that the bill
do pass.
The purpose of the bill is to grant to the Central Intelligence Agency
the authorities necessary for its proper administration. The bill
deals with procurement, travel, allowances and related expenses,
general authorities, and methods of expenditures of appropriated
funds. Further, it protects the confidential nature of the Agency's
functions and makes provisions for the overseas administration of the
Agency.
SECTION-BY-SECTION ANALYSIS
Section 1 comprises definitions of certain terms used in the act.
Section 2 provides for a seal of office. Intelligence records contain
information that is sometimes required for official use either in other
departments or as evidence in legal proceedings. Unless proper
authentication of copies can be made, original documents would have
to be produced.
Subsection 3 (a) provides for the extension to the Agency of certain.
provisions of the Armed Services Procurement Act of 1947 (Public
Law 413, 80th Cong.). These provisions authorize negotiation on
purchases and contracts for supplies without advertising if- _
There is a national emergency (sec. 2 (c) (1));
The public exigency will not admit a delay (sec. 2 (c) (2));
Y1O ..I/CF F'a{-des 1, 3,.
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ADIMINISTRATIO\ OF CENTRAL INTELLIGE- CE AGENCY 5
Section 9 provides authorization for the establishment of three
positions in the scientific and the professional service of the Agency.
These three positions are established for the employment of out-
standing men in the scientific field of foreign scientific intelligence.
Similar legislation was passed by the Eightieth Congress for com-
parable positions in the National Military Establishment. The
section establishes a salary minimum of $10,000 and a maximum
,of $15,000 per annum.
Subsection 10 (a) establishes a point of reference to which the
administrative and fiscal officers of the Agency and other appropriate
officers of the Government may look to determine what expenditures
are authorized for the activities of the Agency. It permits sums
made available to the Agency to be expended for the purposes set
forth in the section. This section is necessary in view of the require-
ments of existing law or Comptroller General's decisions, which
specify that such expenditures are not permissible unless authorized
by law.
Subsection 10 (b) permits the Agency to expend sums made avail-
able to it without regard to provisions of law. It also permits the
expenditure of funds for confidential purposes, to be accounted for
solely by certification of the Director.
Sections 11 and 12 are the usual separability and short-title sections.
By letter to the chairman, Committee on Armed Services, the
Director, Central Intelligence Agency, requested legislation similar
to H. R. 2663, and later, on -larch 10, 1949, in an executive session of
the committee, he concurred with this bill in its present form. His
letter, dated February 11, 1949, in which this legislation was re-
quested, is appended hereto, and is made a part of this report.
in its present form.
Sincerely yours,
CENTRAL INTELLIGENCE AGENCY,
Washington 2.5, D. C., February 11, 1949.
Hon. MILLARD E. TYDINGS,
Chairman, Committee on Armed Services,
United States Senate, Washington 25, D. C.
DEAR MR. CHAIRMAN: There is submitted herewith the draft of a proposed
bill to provide for the administration of the Central Intelligence Agency, estab-
lished pursuant to section 102, -National Security Act of 1947, and for other
purposes.
This bill is substantially the same bill which was reported out unanimously as
S. 2688 by the Senate Armed Services Committee in May 1948. It passed the
Senate on June 21, 1948. Due to lack of time, this bill was not called up on the
floor of the House, although it had been unanimously reported out of the House
Armed Services Committee.
The purpose of the bill, as set forth in the Senate Armed Services Committee
report of last year (Rept. No. 1302) is: "to grant to the Central Intelligence
Agency the authorities necessary for its proper administration. The bill deals
with procurement., travel, allowances and related expenses, general authorities,
and methods of expenditures of appropriated funds. Further, it protects the con-
fidential nature of the Agency's functions and makes provisions for the internal
administration of the Agency. In almost all instances, the powers and authorities
contained in the bill already exist for some other branch of the Government, and
the bill merely extends similar authorities to the Central Intelligence Agency."
This proposed bill has been resubmitted to the Bureau of the Budget, and we
have been advised that they have no objection to its presentation to the Congress
R. H. HILLEN1tOETTER,
Rear Admiral, United States ANavy,
Director of Central Intelligence.
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%'
[PUBLIC LAW 110--81ST CONGRESS]
[CHAPTER 227-1ST SESSION]
[H. R. 26831
AN ACT
To provide for the adm;nictratinn of the C~ntrti T=,e11igP~~. Agenny established
pursuant to section 102, National Security Act of 1947, and for other purposes.
Be it enacted by the Senate and (louse of Representatives of the
United States of America in Congress assembled,
DEFINITIONS
SECTION 1. That when used in this Act, 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 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; and
(d) "Continental United States" means the States and the District
of Columbia.
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.
PROCUREM INT AUTHORITIES
SEc. 3. (a) In the performance of its functions the Central Intelli-
gence Agency is authorized to exercise the authorities contained 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 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 dele-~
gate his powers provided in this section, including 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 (12) and (15) of'section"2 (c) and
section- 5a) of the Armed Services Procurement Act, of 1947 'shall
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SEPAR&BUITY of PROVISIONS
SEO. 11. If any provision of this Act, or the application of such
provision to any person or circumstances, is held invalid, the remainder
of this Act stances other rththe application of such an those as to which fit is held t invalid, shall not be
affected thereby.
SHORT TrrL
SEC. 12. This Act may be cited as the "Central Intelligence Agency
Act of 1949".
Approved June 20, 1949.