OFFICE OF GENERAL COUNSEL HANDBOOK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000300210006-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: March 25, 2002
• Sequence Number: 6
• Publication Date: February 11, 1957
• Content Type: MF

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CC1dbbiI `1:.
11 February 1957
SUBJECT . Office of General Counsel Handbook
1. Attached is a tentative outline of chapters for
the Handbook which when written would cover most of the
basic legal problems of CIA.
2. If it can be completed, and I think it can. it
would provide a most useful repository of basic operating
and theoretical principles. This would be especially
valuable for new personnel who have not had experience
with the Agency, and also require some basic thinkinn on
our constitutional position. The fact that in the past you
have been able to establish good precedents in this area
V
at short notice does not mean that newer and less experienced
(counsel could do the same if your and Mr. Houston's cruidaneee
was suddenly unavailable.
Also enclosed is the chapter on "Withholding Infoira-
Lion". I think it is quite complete and is sufficient to
serve as a basic study of the problemc in this field. The
part pertaining to CIA discusses past solutions, supporting
arguments for various aspects of the problem, and also future
situations which will probably arise.
t.. As to the other chapters indicated by the outl.inc,
it is difficult to tell how the breakdown will work out un:i)
each chanter is worked on. Icy impression is that most of them
will not require anywhere near the amount of material and re-
search which were necessary for the chapter just completed. Most
of the topics are much narrower in scope and have very little
case law or statutory interpretation concerning them. Also
most of them apply to this Agency alone. I should think that
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r
the various chapters could be assigned to the office
personnel to be done along with their regular work.
Not only would the completed job be of value, but the
basic thinking required would be very stimulating and
valuable to the person doing the work.
5. In so far as my experience with this chapter can
be transferred to the problems in other chapters, I have
the following suggestions.
a. The chapters should be written for the
purpose of the Office and stress the following:
the basic principles involved; supporting and
opposing arguments for various issues which are
raised; and past Agency solutions and experiences
concerning the problems in the field. Rather than
attempting to write an unclassified part, it is
easier to sterilize the completed chapter if out-
side distribution is desired.
b. An index should be constructed as each
chapter is completed which would not only include
topics, but most important, the various references
to the CIA statute. Also of value would be other
statutes cited.
c. I think each chapter should be designed sc,
that further research could be easily done, both to
bring it up to date and to expand particular points.
For this purpose a listing of relevant West Key Numbers
where applicable would be useful. Also a list of
articles and A.L.R. notes. Such things are included
in the Annex to the "Information" chapter.
d. The chapters should be as short and to the
point as possible. The use of footnotes for citations
on particular points is preferable to an overblown text.
e. It would be worthwhile to examine comparable
English and Commonwealth practices on some of the topics,
especially those concerning security and operations.
f. Discussion with people in CIA and other agencies
usually prove most rewarding.
6. Perhaps when the bulk of the chapters are completed
a synthesis of the constitutional problems could be arrived at.
It would consider the Agency's unique position and the meaning
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of its statute. Such a chapter was suggested in the
original outline for the project. I don't think that
it would be successful until the more particular work
was done.
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A HANDBOOK OF STATUTES AND LEGAL PRINCIPLES
PERTAINING TO THE CENTRAL INTELLIGENCE AGENCY
I. PROBLEMS PERTAINING TO OPERATIONS
A. Use of Confidential Funds
A study has been completed, but should be reviewed and
amended to fit in with the general scheme of the outline.
There should be less focus on the historical situation and
more on present practical and legal considerations.
B. CIA Corporations
A paper on this subject has been completed, but will
need reworking. The tax situation might be more fully explored.
C. Budgeting - Title 31
It may be found that a chapter on this topic will not
hold together and should be split up among the others.
D. Aliens
1. The Director's authority.
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E. Administration (Other than personnel administration
1. Federal Property and Administrative Services
Act.
2. Armed Services Procurement Act.
3. Walsh-Healy Act.
4. Contract and procurement problems generally.
II. PROBLEMS PERTAINING TO PERSONNEL
A. Civil Service
What is the effect of the great bulk of administrative
regulations in the Civil Service Personnel Handbook that do
not concern a particular statute, but apply to general admini-
strative relations with the Civil Service Connnission? In
addition the problems encountered under the following statutes
should be considered:
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1. Veterans Preference Act
2. Civil Service Retirement Act
3. Annual Sick Leave Act
4. Classification Act
5. General Separation Techniques and Problems.
Director's special authority.
B. Compensation
1. Director's authority and general payment
system.
2. Federal Employees Compensation Act.
3. Dual Compensation.
4. Conflict of Interest Problems.
5. Other benefits.
a. FEGLI
b. Missing Persons Act.
C. Travel
1. CIA Act and unvouchered funds problems.
2. Regulations and applicable statutes.
- Travel Expense Act.
Administrative Expense Act.
Foreign Service Act.
D. Prosecution under various criminal laws for mis-
handling of funds (Excluding espionage acts)
1. Court martial jurisdiction.
E. Government Security Program - Relation to CIA
1. E.O. 10450
2. National Security Act, Sec. 102 (c).
3. P.L. 495 (MeCarran Rider)
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G. Miscellaneous
1. Federal Tort Claims Act.
III. SECURITY - CONTROL OF INFORMATION AND PERSONNEL
A. Withholding Agency information from the courts
or Congress
Completed.
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B. Controlling past and present employees.
1. Secrecy agreements and their enforcement.
There are several memos on this subject
written in connection with the
case. The possibility of an injunction
for a breach of contract is considered.
3.
Criminal prosecution.
a.
b.
Espionage statutes,Internal Security
Act attempts, etc.
Other statutes which might apply:
embezzlement,larcency, etc.
Considered for their normal purpose in
another section. -
4.
Administrative Controls
In certain situations retirement,termina_
pay and allowances might be cut off or at
least delayed.
U" i
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TRANSMITTAL .AP
(Date)
ROOM NO.
REMARKS:
Z
LNG EXTENSION
FORM NO.
SEP 1946 36-$
LS 5-1136 on Hett rick h. c. by LRH to Norman Raul,
22 May 1957
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