TRANSFER OF PROPERTY BETWEEN (?)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070193-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 193
• Publication Date: January 6, 1948
• Content Type: MEMO

Approved Fftelease 2001/09/03 : CIA-RDP84-0070910400070193-9
OGC Has Reviewed
General Counsel
Assistant to the General Counsel
Transfer of Property Between (7)
6 January 121
1. This is in .response to your memorandum of 8 October 1948,
which commented on eur proposed memorandum topplimesecrandum
of 9 SepteMber ISO, same subject as abase, s stetter has been
explored rather carefully, and, in my evils:Lon, the attached 1291210..?
Tara= represents; the most reascreeleleappreadh to a rather wive
wituatien.
2. Tau inquired as to whether the decisions cited inour
or-4121.4 memorandum were not overruled or euperseded her the Sure
plus Property Art of 1944, I comeur thatees far as surplus prpperty,
is concerned, the cited decisions appear to have been overruled;
but as Par as reimbursement is concerned, there appears to have
been an increase in the 1.=-4.--zen of the &clewing agency.. For .
scagsple; prior to the Surplus Property Acte an agency-could release
property no longe.'noeeery for the perfoemance of its funetiena
? without recieirine a reimburse:lent of appropriation. Under the Act,
Section 12(c), th urp/u2 property is transferred to the enquiring
agency at the raiz- valve of the property ae fixed by the disposal
agency? Tith re:7ard to non?surplus property., the ler appears to
umel:auged? unless provision has been made specifically *
Ovagress for tranefer eetheet reiMbursemente or transfeleefefunde
STATSPEC otherwise authorized by lave
STATSPEC
. as o re property at the tire of transfer fres
FCC to/Lev is ve.ius, and/though the reasoning is persuasive that
once a responsibility is transferred the ineepeety becomes surplus
to the transferrirg -agency, we have the recent experience with tbe
Comptroller General who speaks in terms of !surplus in fact" as
opposed to ?technically surplus?. The Surplus Property Actieto the
beet of ay knowledge, makes no provision for trensfers betweee-
Governmnnt agencies on a nonreiribursable baste though -this erect
waght easily be achieved between Government. agencies by agreeing
on a nomimal value, Section 12 of the Act imposes an obligation
on the Sue:Plus Property Board to facilitatelthe transfer ofsurplus
property from ome Government agency to another Government agency
for their use and that such transfers are te be given priprity
over all otherdieposals. Section 31 of the, Act authorises anr
Goverment agency to use for the acvdsiticelor alw surpluia
Approved For Release 2001/09/03 : CIA-14DP84-06,709R000400070193-0
Approved For Re tse 2001/09/03 : CIA-RDP84-00709R0004 070193-9
property any gUnds theretofore or thecreafter appropriated, allocated,
or made availablo to it, for acquisition of like property. You will
nuts that I hive touched rather lightly on, the status of the property
at the ti m itztansfer and hare relied on 0I0Is Roaaposilko entity'
status as our basic, reaeo'4Ugo
4. With regard to the "hiatus", I have searched for authority
comparable to 5 u.s.c. 127 which would aivo legal basis for pare?
graph 5 of LL Directive No. 5 but have discovered none. lowever?
*mai is "rimed as a nholrling activile, clothed with the form
but not substance of an agency, then paragraph 5 of NIA Directive
No. 5 does nc t. appear contradictory. I!hsvel, therefore, leaned
heavily upon lur ',elusive" status, as I. felt that other arguments
or reasoning :lould be untenable and Co4d only serve to comPlicate
and weaken CRC position should a tpiestiOn of.'"eki".Ourtent-swer,
FPIAb5
arise.
6. Az far az throwing the ball is concerned our position
appears to be e.xce3lent, for there aently7MG no procedure
ZT authority or the acquisition of y the .War Department*
-
It was a "awing cut'? businestand.Arigt :took it under
tutelage booale some of the asset41. harmonized letiv Atm'
monitoring objactives at that time. Thu irreconcilability of
the icvantory still exists, but it would not appear to inrolec
legal judgment.
STATINTL
ettitsmbt
Approved For Release 2001/09/03 : CIA-RDP84-00709R000400070193-9
STATSPEC
STATSPEC