DEAR MR. DULLES:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A001700240061-2
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: July 24, 2000
• Sequence Number: 61
• Publication Date: July 5, 1955
• Content Type: LETTER

SrAr Approved For Release 2002/01/23 : CIA-RDP78-04718AO0170024006
COMPTROLLER GENERAL OF THE UNITED STATES ilD
O WASHINGTON25
4:1ft_ 5 1955
Allen W. " ,.+s
Central mt. lli en en$
frenr is ade to xr letter 0
, sin unan the question wbother retired comissio
arv'i 8 jawfany may be to d by your ASOMY
c Lances related your letter and receive remwwrIttion i;..
gug - 1o ent without violating tl section 2 or t be na
1' 3 ,, as ame d, U.. . ~' ? e The - so prohi i +e dam,
S2,%o per =mm uhile section 212 of the 1932 set preclu+ the Con-
current iec by a rare officer of civilian compensation and re-
on t of comaissioned service at a comfOined amp m t6
is excess of 3#0W#
It is stated in w,omc letter
the fu il ent of your unique
e ti tori perfoved by regular
thovafcz `c have entered into co
Om furnishing of confidential irtformatio
>ss provide for p* *ent of a fee at a a
h>e s - and for a single oc- ion or they mw
SNOW
-&-c e.v4,%>i and that the normally is no AC s
a
94 ' va on the "or .tion or services to be dht&is j,
3
?
twa
1
,
ae
in certain cases a negotiated figure is teed. In slat e as,
__._-_sas-- J4U- - 4w..I
-
>&T/ AN *ww%m %& %044 Y vrw ~^,.....,......-. - _. _ _
JIYiYl ~ ,
l inA ~ , such fee isas bolne the
b
I $
of a retainer fee paid an attorm in priV is practicO Which fri q> ntly
is d, upon at aumal basis.
In Lion with the
i it prUvies no office
v4r of the contror
,
fA a o
facilities, tools, or a p1i. - j there axe no pre. d hou" o.
% 'Mm discretion carries o the work at wah
~#
3
* 3aaa1
.
,v
.
a as he de s t = edieft = n oti do
aN r
the prosecution of the work he utilise the sear s of other persons
Approved For Release 2002/01/23 : CIgE78-04718A001700240061-2
S
 Approved For Release 2002/01/23 : ClA ,. -04718A001700240061-2
as he sees fit and such. persona are not subject
your ,Agency, in rt, the individual is told
Agency d sire:a sn is left to his own resources
that infoaation.
relationship of the indi v:
endent contractor ratter than
nt bes not constitute the
of the I V.14 statute.
1Wile it has been held that retired o.ffi
sent and paid on a time basis are subject to
trictons contained in section 212 of the ftonOW A,
s
nw 381), we do not feel that the rule sri iated in that decision
and applied in similar cases is for applicaati of in 1 i t t case ?
The tii actually to be worked by an iaiv t:iu.= under a contract such
his fee covers a peed ci actual or potential Brice or one year.
that connection, no tL records are kept and no hours of duty are
proserib d the time seor :ed is left entirely tc the discretion
of the individual. The very nature of the ,yob--thee procur Bent of con-
fidential info mat-Lon-for which the individual is hired r . i.cally
is inconsistent with the concept of enplcyment upon the basis of time
_
MW iuWA6,&q ,.v,.-,-._ -?a ---- -- -- -r
-
p . nt reasonably may be regarded as a pa eent Of a fee for such serves
th
ran is i
i
e
~
as the i ndivi, d l .y be called upon to render r
rn+e s eea ral re r fee which does not have
tt
f
c+
an a
nature o
reference to azr particular service but takes in the whole range of a. :b :
future contention which may render attorne o p c saarv' or desirable.
t
de th
l
a
u
v. ai. . c t 4#s it Sc. 672, 673. Accordingly, conc
t
30, 1932, hag no application to a ale en
ista related in your letter.
Sincerely youre..
I'OSEPH CA BEL
alt of the related facts pe
h the a .ptf on perhaps 0.
Approved For Release 2002/01/23 : CIA 2 8-04718A001700240061-2