'THIRD AGENCY RULE' OF 7 JULY 1941

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00662R000100020022-8
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: September 28, 1998
• Sequence Number: 22
• Publication Date: March 2, 1949
• Content Type: MEMO

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Approved For Rglease 2000/08/27 : CIA-RDP75-00662R000100020022-8
Director of Central. Iattelli ;enee
Assistant Director,. OCD
*Third ;agency Rule* of 7 July 1941
2 March 1949
The attached interdepartmental agreement was con lu. ed on
7 July 1941, between State,, Arrq,, Navy, Treasuiy, Comme7 ce, Lgr
culture,: Maritime Commission, Office of Emergency Management, and
Administrator for Export Control.
Gist of the agreement (see the marked paragraph on
shall di zemf.nate material originated by a second
to a third agency.
The National Security Act, as a public statute passed by
Congress, of course supersedes the Third Agency Rule wherever it
conflicts with it, and it specifically provides (in Section 102 (e)),
that intelligence relating to the national security and possessed by
depart rz ;nts and other agencies of the government shall be :e avail-
Ole to the Director of Central Intelligence for correlation, e..luay-
n., and dissemination. (See Exhibit F. ). There can he no question
,a to Congressional intent in the wording of the bill, for debate in
he House brought forth the express fear that CIA might through this
i take over the files and thus exercise control over the FMI.
hit F ) . Amendments therefore provided that FBI intelligence
should not be made directly available- to CIA. - CC 252/9, con-
curred in by State, Ar , Nam and Air, clearly stated that Section
102 (d) and (a) of the National 6ecurt Act created an exception,
in the ease of CIA, to the general rule that *classified information
originating in another agency shall not be disseminated outside the
receiving agency without the consent of the originating agency'.*
(See Exhibit 14 .
I. It is clear that the pre-war Third Agency k e cannot
legal y be used as a pretext for refusing information to this Agency.
tz Intelligence Group continually does so (See Exhibits 0- andP )
consequence there are unending argu nts and exchanges of memo-
;he subject, and much bad feeling.
fir. :ecommetiomu It is believed this situation could be
cleared up by a written inst etion. from the hire: ctor of Intelligence
to all officers of the Intelligence Group, informing them that the
old Third Agency llule has no applicability to CIA, since the National.
Security Act provides that CIA shall have access to all tioneal in-
tel.li.,gence regardless of where it originates.
Approved For Release 2000/08/27 : CIA-RDP75-00662R000100020022,7
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