LETTER TO THE HONORABLE JOSEPH CAMPBELL FROM JOHN A MCCONE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000700210001-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: January 27, 2003
• Sequence Number: 1
• Publication Date: December 12, 1961
• Content Type: LETTER

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Honutabte Jo ap
ptral. sr Cieneral
ten -caten
_ noon S, j,
?
aropbell
-the
i.2 uFr, 19611
are a number of statutory provision* in which the
re ,-entrei intelligence is authorised to take certain
Hort ef these involve the expenditure of fruits while
-_-troer xc not. k xarripies of the former are found in sections
awl 3 of the Central intelligence Agancy Act .14 l4?
aroandied.
he -Iffice of the Director oi Central ;Intelligence as
shed by the National Security Act of 1947, which at the
tine f te original enactment :zed* so provision for a 1.42outy
or. Lonsequiuitly, it has been the practice in those casts
statntes granted authorisation to the LA:actor for him
onaliy to tae the actions specified.
1 .)ecurity Act of 1947 was amended by he
p ril 4 , 133 (67 tat. ZO) to provide for the establ shire t
office of a Deputy Director of Central I.ntelligence, vow.
like the Eirector, is appointed by the rresidant by and with the
A.A.A?ei ann cartilirsi of the t3saate. In explaining the need for this
-in,en ant. it was pointed out that among ether consicierations
g at that time no provision of lavr establishing a reeptity
cior toperform *non functions as the Director might assign
i.,7,ornmittee on irn,.d Services, Full Committee
gs 014 110. March 41,, 1953),
that with the growing caroplexity of the
,=Etivitiee of this -1.gency it would be in the interest of efficiency
the. ord?irly minsinistration of the functions vested by law in
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STAT
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the head of the Agency to have, except where the law specifically
?recto/iee delegations, certain authorities exercised by the asputy
i)irector. I believe this would be in accord with your principles
oncer fling the expenditure of Government funds. If, therefore.
you see ro oojection. I intend to prescribe certain areas in which
the Deprity Director of Central Intelligence will take (teal action
in connection with the expenditure of funds under the above acts,
Including certification of expenditures provided for in section t:
31 the Central intelligence Agency Act of 1949, as amended.
LRH:jeb
fa-Addressee
I-DG!
1- DDCI
1- Of DC1
z-DD/S
1- Comptroller
1- Legislative Counsel
1-General Counsel
-.incerely,
John Mc'.
oircetor
ILLEGIB
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Approv
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CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
=1171A1 Q
DATE
TO
NAM
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3 F:41.4 Langley
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
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?:lono
Arec
COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON 25
JAN 2-Amm
A coone
ntral Intelligence Agency
your letter of December 12, 1961, ree.ring tfte
your delegating to your Deputy eireetor the exercise
of certsin unctions involving the expenditure of fends which by
1.eu are vested in the nirector of the Central Intelligence Agence.
As you say, the national Security Act of 1947, 61 Stat. 455%
y which established the office of the Director of the Central
'intelligence, did not provide for a Deputy Director. euhsoquentLy,
eee Ceetral intelligence Agency Act of 1949, 63 Stat. 208J vas en-
acted for the purpose of granting the Central Intelligence Agence
necessere authority for its proper and efficient admiuiatration.
lot act contains several provisions involving the expenditure of
it vests action thereon in the Director. Section Mb) of
,hat act detines the term "Agency- headu as including "Deouty
eirector.o It is significant too that section b(a) of the eeeee-
ive 17ey Act of i949, 63 Stat. am 881, likewise refers to the
eeierty eirector of Central latelligenee and eats els basic oompen-
lation. on April 4, 1953, the National Security Act of 1947 was
&Romeo (eublic Lew 15, 67 Stat. 19) to provide for the statutory
effice of a. Deputy Director of Central Intelligence who, like the
Arector, is appointed by the President by and with the advice and
consent iI the 5enate.
You point oat that nit has been the practice in those oases
era statueee granted authorization to the Director for tie
reonaliy to take the actions specified." Tou believe that, 'lite
growing complexity of the activities of your Agency, it woule
the interest of efficient and orderly administration of the
unctions vested by law in the bead of the Agency to have, exce;t
-when the law specifically precludes delegation, certain authori-
ties exercised by the Deputy eirector. Therefore, if we do not
object you int:end to prescribe certain areas in which the Deputy
Director of Central Intelligence will take final action in COW/Ate-
Lion with the emeenditure of funds under the National Security end
eentral Inelligence Agency acts, including the certification of
)e-,3enditures provided in section 0 of the 1749 act, RE amended.
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-e-1);77,98
-eet4on 102 of the National Securite Act of 194' as anended
?ell L., 19S19 erovidesi in part, as followeg
) There is hereby established under the
neeurity Council a Central InteIligenee
Agent* vith a Director Of Central Intellieenice who
ahall be thn head thereof, and with a Deputy
-ireotor of Central Intelligence who shall act for,
And exerciae the pavers of, the Director during his
atence or disability. The Director and the Depaty
TArecter shall be appointed by the ?resident, by
and wit.:4 Om advice and consent of the 5enate * * *.
(1) If e commissioned officer of the armed
services is appointed as Director, or Deputy lireetor,
4enee
'43) ite shall not posseasor exerclae any su:mr-
v4aion control, powers, or functions (other than
;wet) es he oosseaseas or is authorised or directed ee
4iercise, as Director, or Deputy Director) with
r4-E1C1C4,.r.o areed services or any component ener
:cctioq d(b) of the Central IntelligencP Agency Act of 1',40,
;7rovides$
"(h) The sums made available to tae Agency may
jE:ex;)euded without regard to the provisions of law
arvo reulations relating to the expenditure of Uovern-
Atlat runds; and for objects of a confidential, extra-
ordinary, or emergency nature, such expenditures to te
adcounted for solely on the certificate of the
eirector and every such certificate shall be deemed &
suaicient voucher for the amount therein certified."
zi'fico hate held that eotwithatandieg the absence oi specific
etatutory authority for an Assistant Secretary of a department ee aet
in lieu of the head of the department in matters of discretion vested
law in such head, the title and nature of the position of suee
eseistaht eecrotary is suoh as to authorise him to assist and to aeE,
In lieu of the head in matters requiring his attention or discretion
'en authorised by him to SO do. 20 Como, Qen. 27, id, 797; 29 id.
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B-1117793
ciw 12(e), above, does not set forth the duti
uty Director of Central Intelligence or provide spec
that he shall perform such duties as the Director may prescribe.
is, however, authorised to fleet for, and exercise the powers
or, the Director during his absence or disability.? eie do not con-
true such authorisation as limiting the otherwise proper exercise
by the Deputy Director of duties vested in the Director. The
authorisation to act as Director would seem more properly to be
eonetrued as limiting his right to function 481 "Acting Director."
U.S.C. I. we have no reason to doubt that the Congress, in
eroviding .::]7-or a Deputy Director in the 1953 emendmaet, was well
Aware ok the general rule in our decisions above referred to, and
had the Congress intended to restrict the aseignment of duties by
eh* eirector to his Deputy Director it would have so stated,
:16-reover, in douse of Reoresentatives Report No. 2191 on S. 111o,
(elected as eublic Law 15, above, we find the statement that "There
Is no existing provision of law establishing a Deputy Director
with statutory authority to act for the Director or to perform
such functions; as the Director may assign to him." The name state-
eent was made in the debate on the bill in the House of liepreeenta-
elves., Congressional Record, April 1, 1953, pogo 2742. eur view is
Telt it is inherent in the statutory position of the Deputy Director
tea the holder will assist the Director in the performance of his
duties, including those vested by law in the Director*
is our opinion, therefore, that there is no legal objection
tz) your providing the areas in which the Deputy Director of Central
Intelligence will take final setion regarding the expenditure of
gunds under the National Security and Central Intelligence Agency
acts, including the certification of expenditures provided for in
eectioe 8 of the Central Intelligence Act of 1949, as amended.
yours!,
eoeptroller General
the United states
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