PROPOSED PROJECT FOR REFERENCE WORK ON LEGAL PROBLEMS PECULIAR TO THE CENTRAL INTELLIGENCE AGENCY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000300210013-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: April 30, 2002
• Sequence Number: 13
• Publication Date: April 23, 1955
• Content Type: MF

Approved For Release 2002/06/25 : CIA-RDP62-00631R000300210013-3
OGC Has Reviewed
TO: Deputy Director (Support)
Proposed Project for Reference Work on Legal Problems
Peculiar to the Central Intelligence Agency
1. PROBLEM:
To develop and maintain an objective and authoritative anal.
and reference work on the basic legal problems peculiar to
2. ASSUMPTIONS:
The Agency will continue to perform the covert functions assigied
to it pursuant to law and National Security Council directives ala
will occupy its present position in the governmental structure.
FACTS BEARING ON THE PROBLIM:
STATI NTL
Since the establishment of CIA, the Office of General Counsel -
continuously attempted to solve the legal problems arising out or
specific queries and activities. The accumulation of experiere
on specific questions has pointed up the fundamental legal prc:)1aE7:;
of a unique nature arising out of the peculiar functions assigne4
to this Agency. There has resulted a considerable body of experier17
know-how, and same precedents Which in tote reflect a body of Law
having a direct bearing on the operations of the Agency and ou.-_
relationships with other executive departments and the Congress.
This body of Iww has not been collected into a specific referece
work, and in great part, the specific opinions and treatment oZ
fundamental problems are dependent to a large degree on the persont.
know-how of certain long-time members of the office.
DISCUSSION:
Some time ago this office believed it highly desirable to collect
historical information and legal preceaents relating to Confidentla
Funds. As a result, there was compiled and published in 1953 an
historical study of the use of Confidential Funds. For inforirati -
a copy is attached as Tab A. The title is slightly a misnomer la
that the pamphlet reflects many of the legel aspects of Confltentia
Funds. In addition, it reflects the continuing policies of the Age
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1
STATI NTL
STATI NTL
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there* astabliaking a belly of precedatt
the internal law of the Astary ralating to Om-
This ~let bee been freed extrasekv intoreat_;-_,
bed occasion to read it, sal we believe it is a
Rid euthoritatire work an the subject. I stsb-
proposed that this gamiest, with poseeible
chapter of the proposed reference it. Ii-
therefore, the prepped reference wit will
eetegaries of problem it which a teatativ
as Tab D. Ocs net wish to eansider this
? studies have been cooducted.
sebakeed for a
L. atheist fureiching clensiti
hes been interviewed by this office.
Is thatus iselieve he would be an
project, mad he be. eapseessed SID
not 4;ost been diecuseed with hi*
t le our intentions that be be en-
eastreet for tide purpose.
teal be acepleted wittIF
meet mieent will be
the Persencel (Inc(
I It w be possible to itiate the project,
to the alma of the current fiscal year, in *deb events Lc
thin $1,000 voted be revered, and the tedget of this office
cleat nada antilable.
STATI NTL
present end fareseeble workload of this eerie* is eueh
needed greject cannot be undarteken by at attorney en
In aiditions a fresh sal objeetive viewpoints istooL
!mulched by I I whim blemdel with the macaw-
experience within the offices will *attribute to the everettec
viefeinsee end quality of the reference meet.
0211:340201118:
eamletion at the groomed analysis end reteresee vett will
of greet aseistanwse not (say to this office, but to the Agssagy as
41 eboal, is, in car minten? a qsalified perms- to
vadarteke this ~IC and vill be wreilable fer it.
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STAT
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Anusesbs A
r7i
Amieteirt Director
A
APR 295te,
STA
?--STATINTL
Deputy Director (b.toodet,
available tor the psoposed prvdeot
he Comptroller that Use job can be ac,xlifuebed
by an attorney employee of the Aspaqrs preferably
floe of General Counsel. This proposal would be
t for such an employee of the Agency; and frep, a
Agency mould reap greater benefits at vela
lor any other person from outside of the Jmocy,
will require considerable more briefing and will
and reeparoh work than an employee of the Agency.
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Approved for Release. ?12i0i//5 : CIA-RDP62-041R000300210013-3
TAB "B"
1. Basic immunity of CIA from laws other than that immunity based
on Public Law 110 and Public Law 253.
a. As a. constitutional matter based on the inherent powers of
the Executive.
b. As a matter of statutory construction.
2. Criminal Laws (Cases and Theory)
a. Espionage laws.
b. Other criminal laws relating to mishandling of funds and property.
c. Laws pertaining to fale information and statements.
3. Interrelationships of the three government departments with specific
reference to disclosure of information.
a. CIA and the Congress
b. CIA and the Courts
4. Legal aspects of the security program for employees.
a. Section 102(c) of the National Security Act of 1947
b. The governmental program, Executive Order 10450.
c. Protection of the Agency and protection for employees
5. Legal aspects of Confidential Funds. (Complete with possible minor
modifications).
6. Legal aspects of a CIA career service.
a. Security of tenure
(1) Veterans Preference Act
(2) Section 102(c) of the National Security Act
b. Career benefits
7. Impact of generally applicable laws pertaining to the entire Federal
Government.
a. Federal Employees Compensation Act
b. Civil Service Retirement Act.
0A-V
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c. Annual and Sick Leave Act
d.. Administrative Expenses Acts (PL 600).
e. Dual Compensation Laws.
f. Government Corporations Act
g. Internal Revenue Code
h. Overseas Allowances Act
,
S. Effect of Executive Orders on CIA
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SECRET