Document Type: 
Document Number (FOIA) /ESDN (CREST): 
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Document Creation Date: 
December 9, 2016
Document Release Date: 
August 11, 2000
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Publication Date: 
October 6, 1977
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PDF icon CIA-RDP81-00314R000600010014-5.pdf379.94 KB
97- 11a OGC HAS REVIEWED. Approved For Release 2000/08/30 : CIA-RDP81-003148000600010014-5 STATINTL IMIN" FOR: STATINTL FI' Office of General Counsel Act ng I} rector of Personnel SUBJECT . Senator Huddleston's Letter of 16 September 1977 This is in reference to your request for comments on Sector :Iuddleston's letter asking for the Director's views on the need for retention of certain provisions in the Agency's current legislatiorn. Subparagraph (c) and the last paragraph are the only items of direct Office of Personnel concern. The provisions of subparagrK)h (c) which deal with reinbursewent of other government agencies for personnel assigned to work with CIA provide no particular advantage or authority not otherwise available. All government agencies have the authority to arrange for the detail of personnel to or from other agencies. The matter of reimburse- meant is subject to negotiation between the participating armies and is normally determined on the basis for the detail. Services in the interest of the parent agency are usually not reimbursed; services perfornrnyed directly on behalf of the receiving agency are reimb>;arsed. We do not believe this provision in the law is essential to the administration of detailed personnel either to or from the Agency. With reference to the last paragraph of the letter, we find the two references cited as part of SO U.S.C. 403g (section 654 and section 947 of Title 5) have been repealed and have not been replaced elsewhere in the Code. It is our understanding that the reporting require- ments formerly contained in these two sections were eliminated for all government agencies. Ile would recorrsaend, however, that a provision similar to this one be included in any revised charter legislation. T .he Agency should remain exempt from any requirements to report personnel data which would conflict with the Director's statutory responsibility for the protection of intelligence sources and methods. A specific Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010014-5 Approved For Release-2000/08/30 : CIA-RDP81-00314R400600010014-5 exemption, if it can be provided, would avoid having to make special arrangements and/or offering detailed explanations each time making such information available becomes a matter of security concern. STATINTL Distribution: Orig - Adse 1 - AD/Pers 1 - OP,RS STATINTL Opp,&G/ (6 Oct 77) Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010014-5 Approved For Release 2000/08/30: CIA-RDP81-003W 200060 O~Q014-5 I by the Director shall as practicable, to the and rates contained In its of the Secretary of ? of Central Intelligence leh further regulations necessary to eaEectuate is order. shall be effective as of f Intelligence Agen- ment agencies such 3udget, for the per- thorized under sec- vernment agency is ley such sums with- cohibiting transfers Agency in accord- '1e purposes and un- itle without regard ansferred ; 543 of Title 31; services of perscn- i ivernment agencies taw to the contrary, 3uty with the Agen- by the Director to .f confidential docu- -se and Security; rs on premises rent gard to limitations 1932, as amended: rtify that exception 3ful performance of activities. S, or any other law issioned or warrant ithorized to employ teen retired officers performing service ired officer or war- iompensation of his Jhever he may elect. Cb. 15 NATIONAL SECUR.iTY Tit. 50, ? 403h (2) Nothing in this section shall limit or affect the appointment' of and payment of compensation to retired officers ofwarrant officers not presently or hereafter prohibited by law. June 20, 1949, c. 227, ? 6, 63 Stat. 211; June 26, 1951, c. 151, 65 Stat. 89. Rcfcrences in Text. The Act of June to, 1032, as amended, referred to in the text of subsection (e) of this section is the Legislative Branch Appropriation Act, 10.:3, Act June 30, 19.32, c. 314, 47 Stat. 352, and is classified to sections .,sa and 303b of Title 40, Public Build- ings, Property, and Works. Codification. Section was not enacted sa a part of the National Security Act of 1047 part of which comprises this chap- ter. 1951 Amendment. Subsec. (t) added by Act June 20, 1951, cited to text. Legislative History. For legislative history and purpose of Act June 20, 1951, cited to text, see 1031 U.S.Code Cong.Service, p. -. ? 403g. Same; protection of nature of Agency's functions In the interests of the security of the foreign intelligence activities of the United States and in order further to implement the proviso of section 403(d) (3) of this title that the Director of Central Intel- rotecting intelligence sources and ible for l p be respons ligence shal methods from unauthorized disclosure, the Agency shall be exempted ~, ~?~'_~~ ' rovisions of d the f Titl 5 p ,. an e from the provisions of section 654. o any. other law which require the publication or disclosure of the or- ganization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Bureau of the Budget shall make no reports to the Congress in connection with the Agency under sec- tion 947(b) of Title 5. June 20, 1949, c. 227, ? 7, 63 Stat. 211. L'> Historical Note References in Text. Section 917 of Codification. Section was not enacted Title 5, referred to in. text, was re- as a part of the National Security Act thi i s ses pealed by Act Sept. 12, 1950, c. 940, Title of 1047, part of which compr III, i 301(85), 64 Stat. 843:- chapter. ? 403h. Same; admission of essential aliens; limitation on number Whenever the Director, the Attorney General, and the Commission- er of Immigration shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national in- telligence mission, such alien and his immediate family shall be giv- en entry into the United States for permanent residence without re- gard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the Unit- ed States under the authority of this section shall in no case exceed 217 Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010014-5 195 1. C. i.). W4trt~r:.a ?..G ,.t aar' i,t... ?.. silttcsrl a': `?~ or.the }, u ik and U..,...i rr.?Cu'0 dale .S ,t out ands eillcers and f:rn n,.. The \a'?lnn~i [h,rr , tb tes to personnel. aai M. of 8pprU1-rfntl":.1 ,r full',3 ilk t'~11 n' .a j acre trun,C. ic? .e of the 1',`utt~?'(t~ a a eft. t 63 .7tEL . - S . aCCtt0n I:S :l?'1 A. 4 :epartnients an ~ ~mploYe`:s. NATIONAL SECURITY Tit. 50, ? 403 of any branch, bureau, unit or division thereof, or with respect to ,:y of the personnel (military or civilian) of any of the foregoing. f2) Except as provided in paragraph (1) of this subsection, the l; i,ointment to the office of Director of a commissioned officer of -c armed services, and his acceptance of and service in such office, ,,.all in no way affect any status, office, rank, or grade he may . cupy or hold in the armed services, or any emolument, perquisite, ..;ht, privilege, or benefit incident to or arising out of any such. ,?,ttus, office, rank, or grade. Any such commissioned officer shall, chile serving in the office of Director, receive the military pay and ,aowances (active or retired, as the case may be) payable to a mmissioned officer of his grade and length of service and shall paid, from any funds available to defray the expenses of the t;ency, annual compensation at a rate equal to the amount by .hich $16,000 exceeds the amount of his annual military pay and t.1owances. Termination of employment of offeers and empioyeeai effect oir right of subsequent employment (c) Notwithstanding the provisions of section 652 of Title 5, or provisions of any other law, the Director of Central Intelligence ray, in his discretion, terminate the employment of any officer or r-p loyee of the Agency whenever he shall deem such termination ? .'ssary or advisable in the interests of the United States, but :,,Ch termination shall not affect the right of such officer or em Yee to seek or accept employment in any other department or +.;ency of the Government if declared eligible for such employ- -rat by the United States Civil'Service Commission. Direc- t isilment; i ty. Council a Cen- astral Intelligence. ill be appointed by sent of the Senate. armed services or rector shall recei' anum. a limltational armed services Powers and duties t(i) For the purpose of coordinating the intelligence activities he several Government departments and agencies in the interest ' national security, it shall be the duty of the Agency, under the r'ction of the National Security Council- 13 1) to advise the National Security Council in matters concern- ' : such intelligence activities of the Government departments and cies as relate to national security; Director, he shalt n or prohibition (ml" ri to make recommendations to the National Security Council respect he coordination of such intelligence activities of the depart- and agencies of the Government as relate to the national ative with ?.'I ity, 1 with the DePartmeh r ;he Department of t' ? portent thereof; and 33 to correlate and evaluate intelligence relating to the national contrk jr;ty, and provide for the appropriate dissemination of such y supervision, 'tii,ddlzence within the Government using where appropriate exist- ossessest or is arn. VVencies and facilities: Provided, That the Agency shall have p ect to the arn subpena nternal- powers ment securit p tment of the Aor,' t:ions: Provided further, Toree hat the departments tand other ageny tzaent of the Air F Tit. 50 U.S.C.A.-14 209 Approved For Relmse 2000/08/30 : CIA-RDP81-0034*R000600010014-5 Tit. 50, ? 403 WAR AND NATIONAL bEFENSE Gies of the Government shall continue to collect, eyaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agen- cies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (5) to perform such other functions and duties related to intel- ligence affecting the national security as the National Security Council may from time to time direct. Inspection of intelligence of other departments (e) To the extent recommended by the National Security Council and approved by the President, such intelligence of the depart- ments and agencies of the Government, except as hereinafter pro- vided, relating to the national security shall be open to the inspec- tion of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such depart- ments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelli- gence for correlation, evaluation, and dissemination: Provided, however, That upon the written request of the Director of Central Intelligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such information for correlation, evaluation, and dissemination as may be essential to the national security. Termination of National Intelligence Authority; transfer of personnel, property, records, and unexpended funds (f) Effective when the Director first appointed under subsection (a) of this section has taken office- (1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist; and (2) the personnel, property, and records of the Central Intelli- gence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended balances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. July 26, 1947, c. 343, Title I, ? 102, 61 Stat. 497; Oct. 15, 1949, c. 695, ? 4, 63 Stat. 880. 2.10 190 Amendment. Sub ;,p Act Oct. 15, 11)40, cit. ?-,.tso Director's compel ,., to $16,0J0 per annum t:ir,.ctivo Date of l ii,. Increased comPensn ..q. Act Oct. 15, 1J-19, ci ct on the first day ;,clod which began aft, ,lie provisions of well:. ,ict. 15, 1410, which is order section 3 of Title ? 4-03a. Same; de. When used in se. (a) "Agency" m( (b) "Director" r. (c) "Government mission, council, ii partly owned by t? the United States, thority, administrL branch of the Gove (d) "Continental trict of Columbia. Codlflcation. Section as a part of the Nati., 4 1947 part of whicl hapter. Short Title. Congress ,ions 403a 403J of this section 12 of Act Sec ,aid sections should he as the "Central Inteilic of 1'049". Separability Cl:"tse. June 20, 194% cited C "ft any provision of t 403b. Same; se. The Director of to be made for tht: the President shall of. June 20, 19.19, Codification. Section of L147 part of which a: Approved For Release 2000/08/30 CIA-RDP81-00314R00060001 014-5 Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010014-5 TRANSMITTAL SLIP TO: ROOM NO. 1006 REMARKS: CCVEBACK COPY (Attachments withheld) FROM: 1 FES55'241 7OCT1977 Approved For Release 2000/08/30 : CIA-RDP81-00314R000600010014-5 Op/Review Staff BUILDING