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
Document Release Date: 
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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Approved For Release 2006/10/11 : CIA-RDP90-0061OR000200110004-0 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,. AnnrnvPri For Release 2606/10/11 : CIA-RDP90-0061 OR000200110004-0 Approved For Release 2006/10/11 : CIA-RDP90-0061OR000200110004-0 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. nnrnved For Release 2006/10/11 : CIA-RDP90-00610R000200110004-0 Approved For Release 2006/10/11: CIA-RDP90-00610 P00 200110004-0 %' [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 Approved For Release 2006/10/11 : CIA-RDP90-0061OR000200110004-0 7 groan,?a 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.