ENABLING LEGISLATION

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00610R000200110008-6
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
6
Document Creation Date: 
December 14, 2016
Document Release Date: 
May 1, 2003
Sequence Number: 
8
Case Number: 
Publication Date: 
April 3, 1947
Content Type: 
MEMO
File: 
AttachmentSize
PDF icon CIA-RDP90-00610R000200110008-6.pdf721.23 KB
Body: 
64 ? UNITED STATES GOVERNMENT ce Memorandum Mr. Pforzheimer DATE: 3 April 1947 TO Mr. Saunders we present the revise Off Appr6vedT6r,Rel6. -&2003/05/28":.CIA-RDP9`0=00610R00:0200110008-6 General Counsel SUBJECT: Enabiing Legislation l.- -Attached is revised draft of Sections of. the proposed enabling act. We believe all unnecessary proi. Note been eliminated and what remains isthoroughly justif ois words " Noteut that in section 6, subparagraph 5-, we regard to provisions of law to the contrary". we feel this phrase would create an exception to existing' laws such as GPO operates feel s under, or possible future laws. However, this isla~prod sion I f. we might profitably discuss with Budget or GAO? bill be di recommend that if possible our entnted oniour prior draft,ubssed efore with the same budget officers who comma A draft to the Director. Approved For Release 2003/05/28 : CIA-RDP90-00610R000200110008-6 G t'! AL A^THOffiTY partial and advance payments ray beznadennder contracts for such Section 6. In the performance of its f'u ctionss the Central In- telligence Agency is authorized to: (1) Procure necessary services, supplies and equipment without regard to the provisions of Section 3709, Revised Statutes-(41 U.S.C. 5), as amended, upon certification by the Director, or an official designated by him for that purpose, that such action is necessary in the interest of the common defense and security or upon a showing that advertising is not reasonably practicable, and permanent station outside the continental limits of the United. (2) Pay quarters and coat of living allowances to employees having purpose; (3) Transfer to and receive from funds available to other depart merits oi' agencies of the Government such sums as may be authorized by the Director of the Bureau of the Budget!. either as advance payment or reimbursement of appropriation, for the performance of any of the functions or activities authorized in this Aot,. and any other department or agency of the Government is authorized to trans- fer. to or receive from the Agency such sums. without .regard to any provisions of law concerning transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph states; may be expended for the purposes and under the authority of this Act without regard to limitations of other appropriations; spent in travel and awaiting transportation; (4) order to the continental United States on leave of absence any officer or employee of the agency upon completion of two (2) yeast continuous service abroad, and pay travel expenses incident thereto of employees and their dependents to their place of residence in the United States and return. Such leave will not exceed sixty (60) . calendar days, and will be exclusive of time actually and necessarily (5) Reimburse other Government departments. and agencies for services Approved For Release 2003705128 : CIA-RDP90,-006"FOR00.0200110008r0. of personnel assigned to the Agency, and other departments and eaQOies are hereby- authors iced jw without regard to provi sioas c Approved ; Farf"Rele se' 2003 0 8 CIA-RDP90 O0610R0002001~10008 6 law to the contrary, so to assign or dotail any .officer or em- ployes for duty with the Agency; (6) Exchange funds without regard to Section 3653. Revised Statute* (31 U.S.C. 543); (7) Authorize couriers designated by the Director to carry fire- arms when, engaged in transportation of confidential documents and materials affecting the national d efenss and security. (8) Notwithstanding the jrcvisions of Section 6 of the Act of August 240, 1912 (37 S tat'*- 555), or the provisions of any other law, the Director of Central Intelligence may, in his absolute discretion,. terminate the employment 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 r Lgof 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 Servo cc Co;. ssion* F 'PT OPIR iATIC;;S Seaton 7. Appropriation (a) There are hereby authorized to be appropriated such :zutas as may be necessary to carry out the provisions of this Act,, including (b) Personal services and rent at the seat of Govor ment and else- vrther eip prepare~ transportation of the remains of officers Liozt and transp and employee. who die abroad or in transit, while in dispatch of their official duties, to their former homes in this country or to a place not more distant for in e ut, and roers ordinary' expenses rental of ne,rs of such interment;/ purchase or rental and operation of Photographic, duplication and printing machineso aryptographia: rsproductiong equipment and devices: and radio-receiving and -radio-sending equip- meat and devices including telegraph and teletype equipment; pur- ch#se, maintenance,, operation? repair and hire of passenger motor vehiclea and aircraft, and vessels of all kinds; printing and binding; purchase, maintenances and cleaning of firearms. (a) The Acts appropriating such sans may appropriate specified. portions thereof which may be elapeaded, (A) without regard to the provisions of law and regulations relating to the expenditure of Government funds or the employnent of persons in the Government service; (B) for objects. of a confidential 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 o ertified Approved For Release 2003/05/28 C1A-RDP90-00610800020011.000.8-6 GENERAL AUTHORITY necessary in the interest of the common defense and security or upon a showing that advertising is not reasonably practicable, and partial and advance payments may be made under contracts for such ons Section In the performance 0f its functi, the Central In telligence Agency is authorized to: necessary services, supplies and equipment without (1) procure the provisions of Section 3709, Revised Statutes (41 the Director, or an regard to U.S.C. 5), as amended, upon certification by official designated by him for that purpose, that such action is purpose; r to and receive from funds available to other depart- (2) -Transfe , ments or agencies of the Government such sums as may ,be authorized by the Director of the Bureau of the Budget, either as advance payment or reimbursement of appropriation, for the performance of of the functions or activities authorized in.t his Acts and any any other department or agency of the Government is authorized to trans- fer to or receive from the Agency such sums without regard to any provisions of law concerning transfers between appropriations. Sums transferred to the Agency in accordance with this paragraph may be expended for the purposes and under the authority of this Act without regard to limitations of other appropriations; (3) Apply the provisions, in the Director's discretion and under such regulations as he may prescribe,of Sections 901, 911-913, 931-933 and 935-943 of Public Law 724, 79th Congress, 2nd Session to employees assigned to permanent duty stations outside the con- tinental United States; (4) Reimburse other Government departments and agencies for services of personnel assigned to the Agency, and other departments and agencies are hereby authorized, without regard to provisions of APPROPRIATIONS section .7? APPr~Yl -. .. ,;o Appropriated such scans to (a) There are heresy the provisions of this ActincludiI1 hire of passenger motor rateance, and cleans e equipmenti; Yom....-- and ve sels and teletyP s raft, of. vehicles and ai rc equipment and receiving and radio sending repair ai d operation, duplication and printing macn~.l,o?' '"z - telegrap vices including rental and operation ~l r--- - mnt. and devices and ra lace not more urchase or x to a place services; P of such interment; rental of news-rep _ w_?r~~uction, cryptographics their official duties, t? and for ordinary expenses and employees who die country or t2leir former homes in this abroad or in trans o transportat where; preparation and atch of it while in disp may be necessary to carry VIA ... and rent. at the seat of Government and -else (b) Personal services aofficers- n of the remains of i anting and binding; purchas?' ma rG~1 kinds, pr _. -.: to be accounted for solely hall be deemed a ysufficient voucher fog every such certificate s Government funds or Lila v,,.Y--- such e~ enditures. . objects of a aonfidential nature, fae service; (B) for ~,p~,.a+A of the Director-$and h portions thereof to the expenditure'__o provisions of law and regulations relating ?Arsons in the Government (c) The Acts appropr . without regard t: be emended, :(A) ic'n may of firearms- Propriate specifie sating such sums may aP A amount therein cart