INTELLIGENCE CHARTER LEGISLATION, S. 2525

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000300010083-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: November 7, 2003
• Sequence Number: 83
• Publication Date: March 8, 1978
• Content Type: MF

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MIIMORAN3) UM FOR. Assistant for Information, DDA
PROM:
James A. McDonald
Director of Logistics
SUJx:_CT; Intelligence Charter Legislation,
REF NC
multiple arise memo fr Associate
Director - Management, : , dtd , Peb 78,
same sub j (NFAC 729-78) (nL 8 0766)
1. This office has completed its review of the "issues
paper attached to the reference memorandum. Except for those
items specifically addressed herein, we have no comments or
suggestions to make on the other questions.
2. The following responses are keyed to the issue numbers:
Number 3: We agree with the definition of {'proprie-
tary s set forth in 3b.
Number 10: We believe your reference is to Section
413 TgTM-. Section 411 specifically states that this
"Agency shall be under the direction and control of the
National Security Council (NSC)." The charter legis-
Agency
lation appears to be sufficiently clear that the The
will be under the direction and control of NSC.
Director of National Intelligence (DNI) receives his
direction from ISC. To add "under the direction of. Sc'
INwould seem redundant. This a t . . i o n . . . & } ect on ,570
(2) might bring into question under whose direction the
provisions in the other paragraphs are to be carried
out.
Number 13: Paragraph 413 (g)(5) as worded seems
sufficient .to provide for the support of the office of
the Director of National Intelligence. In the category
of administrative support is included- securit , per-
sonnel., comr+unications, logistics, training,
STA
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SUBJECT: intelligence Charter
elation, S. 2S25
services, and finance activities. Even if the D.11
and the Director of Central Intelligence (DCI) is
not the sane beprovided support
the provision of this
under ot
the DNI can be paragraph without any difficulty.
Number 16: We concur in the reconaendation and
tion Al i However
b
sec
1gf a new su
anuage o ould appear that the subsection is out of sequence
suggesta
A pah 3. We
h
of ra
p
l
e -A-A
It Deft to t
t e
nd
[5~ beco~ ) new subsection 413 (9)(5)
Remove the word "above" from line '3 of the proposed
pata gra
Number IS: We concur in the recommended changes
suggested inclusion in Section 421 (a)
Number 21: Management of property, including its
dispdsa TU11f the continental limits of the United
States, is adequately covered in the Federal Property
and Administrative Services Act of 1949, as ammended.
However, we suggest that a new subsection 421 (a)(18)
address the disposal of, foreign excess property as
follows:
"`Dispose of foreign excess property b
abandonment. or by donation,
n
ti
o
u ruc
., or transfer to a foreign government notwith-
standing any other provisions of law, and under
procedures approved by the Attorney General,
when the Director deems such action necessary
to the successful performance of the functions
i
ty
of the Agency or to protect the secur
Agency activities."
Number 26: We believe procurement authority' is
suf. cent ..-covored in section 422. There is a pro-
cedural problem with subsection 422b. This paragraph
provides that the Director can, waive compliance with
the Army Services Procurement Regulations, but that
he must report any waiver to the Permanent Select
Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence uo the
Senate, together with reasons for exercising such
waiver. It is not clear if a report is required
prior to or subsequent to exercising the waiver, nor
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 Approved For Tease 2004/03/11 : CIA-RDP85-00988RQ00300010083-8
SUBJECT: Intelligence Charter Legislation, S. 2525
is the format or procedure for. reporting understood.
Proposed bill S. 1264, The Federal Acquisition Act
of 1977 (Chiles Act), will replace the current Armed
Services Procurement Act contained in Title 10, TJ.S.C.
It appears that Section-422 was written without con-
um
and this is difficult to assess without
knowing what the procedures approved by the Attorney
General will be. Procurement and contracting activi-
ties could be impeded if the Pirector is to obtain
an approval each time.
Number 31: We agree to the suggested revision
to Section !S .
Number 35: We do not agree that the appointment
of tYe ,eneraal Counsel in paragraph 426 (a) should
be subject to the advice and consent of the Senate
for reasons stated in the issues paper.
Number 39: We agree with the proposed language
change to paragraph 431 (c)(1).
3. We purposely did not comment on number 19, since we
are confronted with the limits of general authority and the
finite application of specific prohibition or permission to
carry out the myriad of functions inherent in the logistics
mission. For example, the authority to procure as contained
in Section 422 carries with it the necessity to store, account
for, transport and dispose of property within the confinos of
existing law or under such waiver(s) as may be granted. We
choose to let Section 421 stand as written except as noted
elsewhere in this paper. Any attempt to enumerate each sepa-
rate responsibility could encumber any action with an unneces-
sary burden of waiver.
daring the impact of . 1264.
bar 274 With reference to paragraphs 139
N
STATE
~11 James
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