ORGANIZATION AND FUNCTION OF THE OFFICE OF THE GENERAL COUNSEL, CENTRAL INTELLIGENCE AGENCY

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP88-00374R000100060006-8
Release Decision: 
RIFPUB
Original Classification: 
C
Document Page Count: 
3
Document Creation Date: 
December 9, 2016
Document Release Date: 
March 26, 1999
Sequence Number: 
6
Case Number: 
Content Type: 
MEMO
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PDF icon CIA-RDP88-00374R000100060006-8.pdf201.8 KB
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Approved For Releage 2001/08/01 : CIA-RDP88-00374R000100060006-8 MORO= OpORGAIMATION MID PUICTICO Orgenizatian end "%martial of the Office of the General Couesel. Central Intelligence AgeneY 1.MilialOs? The General Counsel is responsible for all lwal affairs tabit for legal aspects of all legislation effecting the Agency. 2. ORGANIZATION. a. The Office of the General Counsel was placed in 1950 in the Office of tbe Deputy Director (Administration). Prior thereto it had reported directly to the Director. in view of the fact that the legal function is not susceptible of admin- istrative control and is evally.responeive to the. problem saisdnistratiOn sisal oparates' tit. Mineral. Counsel still reports directly to the Director *hen eppropriate but has remained in the =Ise of the Deputy Director (Administration) for administrative ?convenience. b. The legislative remotion is separate from the strictly 3ngsl activities of the Office end le treated in a separate paper. Otherwise* the Office is organised generally in the manner of a private liar fins avallable for advice on legal matters arising out of official business row ell components of the Agency at all levels by direct inquiry. e. All attorneys ere impacted to attain efficiency in all aspects of the Agency's legal work* Oa there are no specialists or attorneys caacentratieg exclusively in particular fields. The oral types at assignments are those arising out of separation in space an occasioual special. requests of certain components. Thus, one senior lawyer is normally occupied full tine with logistics netters, particularly procurement arla contract problem, but the various attorneys are rotated In and out of this duty to prevent specialization. d. Claesification of initial appointments Is based on ecathination of education* bachgroundi and legal ?variance. Promotion is based on demonstrated ability -to apply legal This document has baen. approved for release through the HISTORICAL REVIEW PROGRM the Central Intelligence Agency. Date r , Applue#tiRees'e 2001/08/01 : CIA-RDP88-00374R000100060006-8 (//' - Approved For Release 200i/IT6701 :-C1K-116F87--00374R000100060006-8 knafiaedge elereative3.7 to the particular protaelas of the A. The theory of the orgenization Ia to maintain a meU group of experienced severeas practitioners any one of vim can give bound legal whine u. of last *rising out of - ? bon a. The present General Counsel est his Deputy have occupied. their present positions with this and zoredece.saor agencies since 19411-. Their biogreplacal sketches end those of other senior attorneys are attached as Appendix A. 3. PUNCTIONS. Inavvesch as the reeponeibilities of the General Counsels* Office for leg1 aside* reeds to ell activities of the Agency, protases mormomtered. *over all &meats of the law. Dm attempt will be made to give a =owlets description, but an indication of acne of the problems peculiar to this Agency is set forth below: a? The Central. Dstelligence Avner was established by statute, so the basic 3Aigisl function is the interpretation at the applicable statutes? sot?*AU .410:1441049A ,1110607 problems. Involved here too Writ the ceeditct of relation. ships with the Congress end the special problem of the legal becagtound involved in the release of inforeetion to the Ccogress, which are covered in-wester detail in a separate peper. The relations with the other Woo* of. the Caverneent, the Judiciary, have also berans, laatter or much study, and there has been see test case In the N'Olottst Courts with inconclusive results as to the riot of tut Marts to etsVel testimony by employees of On unier eireuvestainces velure confidential relations =tat. b. Within the Agency there are many prObliase normal to all (kovernment egenties itbiebr =wet? special legal, questions became of the very wide maths:Attee end exprigtdons granted to this Agency by the Congress. In the fielCof personnel, there is for consideration the Direatorts etstivassity, wipsta he deems it in the national interest, to elaDleYee in. the Agency. This involves various cons CIOS of relationsh* to the Presidentss loyalty end ty Program, the inOteetielitis of the Veterans Preference end the establishment of procedures designed, to assure the rights of any employee considered ender this tertsisstiOn authority. e. Zs the fiscal Mail the Co:agrees gave the Agency very Vida pavers, thereby creating mew a problem. The normal laws and regulations applying to oLigation, Approved For Release 2001/08/01 : CIA-RDP88-00374R000100060006-8 Approved For ReleaSe 2001/08/01 : CIA-RDP88-00374R000100060006-8 expenditure, certification, accounting, iltpoed approriationa? end sintllnr technical matters must he adjusted to the extent necessary to meet the special recuirements of thiu Asency. The question of the teed for and, the extent of such adjustment is frequently for consideration 'by this Office, z.1 zr?tv The rt Lk of the work of the Office of the Ottt af covert activitieeo. Here every type of legal prIblem arises and *3 Office is responsible for guidance not only on the internal aspects but .lso on the outside Iegal implicationao Agency aativ1tia4 carried out throu8h Govarnment facilities. Thus* an agent's cover contractual f. In ell its aspects, internal and external, the Office of the General Counael performs a purely staff function. It ba mocommand or directive reupons1bi11t1eG. LAW*111=L 110LtS 'PON Ge.nc.-rel Co el Approved For Release 2001/08/01 : CIA-RDP88-00374R000100060006-8