COMMENTS ON PROPOSED BILL OF ESTABLISHMENT FOR NIA AND CIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000200110001-3
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: May 1, 2003
• Sequence Number: 1
• Publication Date: February 10, 1947
• Content Type: MEMO

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February 10, 1947.
Memorandum
1. Section 1(a). The use of the term "national
intelligence mission" seems, to me somewhat awkward. Possibly
instead of '"mission" the ti.rord "objectives't would be more
appropriate.
2. Section 3(a). Consideration should be given to
according to the Director of Intelligence the right to vote
in the National Intelligence Authority, both for reasons of
prestige and also to permit matters to be referred to the
President under Subsection (9) in case by any chance there
should be a difference of opinion between the Director and
the other members of the Authority.
v 3. Section 3(a)(6). The reference to the conduct
of foreign intelligence operations "centrally"- does not have
much meaning. I presume it means the operations which are
to be carried on by the Central Intelligence Agency and I
think this should be so stated.
4. Section 3(a)(4). In a moment of crisis it
might be necessary to call a meeting of the Authority and
it might be wise to provide the machinery to do this in the
Act itself. I would favor giving the Director the right to
call a meeting as well as any other members of the Authority.
5. Section 3(b)(2). It is vitally important that
the Deputy Director be a man who has the complete confidence
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of the Director. The relatively large salary would make this
job an attractive political plum and there should be some
safeguard against t?_is. Possibly it could be provided that
the Deputy Director should be appointed by the Central
Intelligence riuthority f rom among a list furnished by the
Director.
v" 6. Section 3(b)(4). I question whether the enumera-
tion here is broad enough. You might wish to aril of the
services of someone in the civil service or from some other
department of the government other than the armed forces
and the State Department. Possibly also there is a danger
in the provision for payment. If this clause means that in
certain cases the person has to be transferred to, or a part of
his pay assumed bar, the CIG, it might disclose information and
connections :F-hich you did not wish to have known. Your salary
list will probably become public property sooner or later.
,? 7. Section 3(b)(5). The right to remploy retired
officers might well be extended to include any retired civil
servant as well as those who retire from the armed forces.
I doubt the wisdom; 'of Section 215(c)(4) as this might some day
be interpreted as preventing any action by the Agency unless
there is unanimous approval by the Board.
v 8. Section 4(6) . I suggest deleting Ttcentrally"
and inserting "by the Agency".
9. Section.4(8). This should be rephrased as it
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imposes an impossible legal responsibility. It might read
somewhat as follows: "be responsible for taking measures to
protect", etc.
V10. Section 4(9). ame comment as above with
regard to the word "complete".
11. Section 4(8), (9) and (1O). This might be a.
good place to insert a provision to provide an "Official
Secrets Act" in the case of all employees of the Agency as
well as all government employees of any department who
make any unauthorized disclosure or who are responsible there-
'or in the case of any information or documents coming into
their possession and originatin =with the Central intelligence
Agency.
,/12. Section 6(3). The provision that transfers of
funds from other departments to the Agency is subject to
authorization by the Bureau of the Budget may be essential
from an accounting angle but introduces a serious security
problem and it would be better if the power to authorize
could be left to the Central Intelligence Authority. It is
unwise that outsiders should know the amount of funds so
transferred.
Here are some separate subjects that possibly do
no need to be mentioned in the legislation at this time but
which may recuire slady and eventually legislation:
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1. Intelligence training schools;
Cryptography;
A broader "Of. f is ial Secrets Act". than
indicated above, etc., etc.
(The above coir:J:ent~ relate to the proposed bill
the estaIlish,ae_i of , National ilitelligeric~ : at _ority
nd i Centrali Inteeace .. ;envy trar~smitteu i`. ith
letter of ( JJece%i er l 43 to i'iir.
_,o~ert Lovett.)
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GENERAL AUTHORITY
Section 4(a). In the performance of its functions, the
Central Intelligence Agency may:
(1) Procure necessary services, supplies an
equipment without regard to the provisions of Section
3709, Revised Statutes (41 U.S.C. 5), as amended, upon
certification by the Director, or an official designated
by him, that such action is necessary in the interest of
the common defense and security or upon a showing that
advertising is not reasonably practicable, and partial
and advance payments may be made under contracts for
such purpose.
(2) Pay allowances or in lieu
thereof a salary differential to employeest having permanent
station
(3) Transfer to and receive from other departments
or agencies of the Government such sums as may be
authorized by the Bureau of the Budget, either as ad-
vance payment or reimbursement of appropriation for
the performance of any of the functions or activities
authorized in this Act, and any other department or agency
of the Government is authorized to transfer to or receive
from the Agency such. sums without regard to any provisions
of law concerning transfers between appropriations. -1-1
(4) Order to the continental United States on
ill Fdj,,Reeea f2 N?&a 3Rp1
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the Agency upon completion of two (2) years'
continuous service abroad, and pay travel expenses'
will be exclusive of time actually and necessarily-'
leave will not exceed sixty (60) calendar days, and
of residence in the United States and return..
of employees Sand their dependents to their
tion of confidential documents and materials . affecting
Director to carry firearms. when engaged in transporta
(7) Authorize couriers designated by the.
3651 Revised Statutes (31 U.S.C. 543).
(6) Exchange funds without regard
or employee for duty with the Agency.
hereby authorized so to assign or detail any officer
and agencies for services of personnel assigned to
the Agency, and other departments and agencies are
(5) Reimburse other Government departments
spent in travel and awaiting transportation.
- the national defense and security.
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`1'C`P' 4 ATE' eti+n~~ri
COINFIDEN
CENTRAL INTELLIGENCE GROUP
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