Francesco/who-killed-jfk huggingface dataset:
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SECRETNecessary implication refers to a logical necessity; it means that no other interpretation is permitted by the words of the Acts construed; and so has been defined as an implication which results from so strong a probability of intention that an intention contrary to that imputed cannot be supported. The term is used where the intention with regard to the subject matter may not be manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances and the general language.Consequently that which is implied in a statute is as much a part of it as that which is expressed, for a statutory grant of a power carries with it, by implication, everything necessary to carry out the power and make it effectual and complete. 204 F. 2d 745, 754 (1953); certiorari denied, 98 L. Ed. 368; rehearing denied, 98 L. Ed. 404.IV. CONCLUSIONAdherence to the Federal Property and Administrative Services Act in disposing of the two airline corporations would do far more than impair or affect Agency programs. It would endanger the national security which the statutory authorities available to the Agency were designed to protect. The Central Intelligence Agency, because of the unique statutory![GIA logo]9SECRET
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SECRETgrant provided it in Section S(b) of the CIA Act, and because of the uniquenature of its statutory responsibilities, possesses both the express powe:to procure property confidentially without recourse to the Act and theimplied power to dispose of property confidentially without recourse to thAct.RESPECTFULLY SUBMITTED![Signature]Gary M. BrenemanAssistant General CounselCentral Intelligence AgencyRE POMOCI 30 1975CIANW 50955 DocId: 32423532 Page 19110
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Annex BHR 230-8 and HHB 230-1Concerning Regulation and AdministrationofAgency's ProprietariesREMOCI SO 1975CIANW 50965 DocId: 32423532 Page 192
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SECRETPLANS, PROGRAMS, AND PROJECTS HR 230-8d(8) DEACTIVATION. Deactivation is the discontinuance of the functioning of an instrumentality, with the charter or franchise retained but in an inactive status, pending determination as to liquidation or reactivation of the instrumentality.(9) LIQUIDATION PLAN. A liquidation plan prescribes the procedures for implementing a properly authorized operational decision to terminate the Agency's active use of a specific instrumentality and to dispose of the Agency's portion of the assets. An approved plan is required for liquidation of all proprietaries, operational investments, and controlled subsidies with proprietary aspects. No liquidating action will begin until the liquidation plan has been approved.(10) FISCAL ANNEX A fiscal annex is a supplement to the project outline that sets forth funding arrangements, specific accounting control, fi- nancial reporting requirements, and writeoff provisions. A fiscal annex is required for all noncontrolled subsidies.d. AUTHORITIES AND RESPONSIBILITIES(1) AUTHENTICATION OF ADMINISTRATIVE PLANS, LIQUIDATION PLANS, AND FISCAL ANNEXES (HEREAFTER CALLED SUPPORT SUPPLE- MENTS)(a) The joint approval of the Deputy Director having jurisdiction over the project and the Deputy Director for Administration is required for(1) establishment, deactivation, or reactivation of an instrumentality;(2) all support supplements and amendments thereto, including spe- cific deviations because of unforeseen or emergency conditions;(3) transfer between projects of any instrumentality and remaining assets.(b) Advances of funds to an instrumentality before approval of the related administrative plan or fiscal annex require the approval of the Deputy Director concerned, the Deputy Director for Administration, and the Comptroller.(c) All liquidation plans require the approval of the Deputy Director con- cerned and the Deputy Director for Administration.(2) PREPARATION(a) The Operating Official having jurisdiction over the project is re- sponsible for the preparation and coordination of the administrative plan or fiscal annex, and, when required in connection with termina- tion of the instrumentality, the liquidation plan.(b) Administrative plans require the concurrences of designated repre- sentatives of the General Counsel; the Director of Finance; the Comptroller; the Director of Security; and the Chief, Cover and Commercial Staff. Liquidation plans require the concurrences of the designated representatives of the General Counsel; the Director of Finance; the Chief, Cover and Commercial Staff; and in addition, the Comptroller for those liquidation plans involving the disposition of assets with an estimated market value in excess of $50,000. The assistance and counsel of other offices will be obtained when their functional responsibility is involved.(c) Fiscal annexes require concurrence of the Director of Finance and the Chief, Cover and Commercial Staff.Revised: 29 October 1974. (340)RECES FROMOC1 90 1975.
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HR 230-8d(3)SECRETPLANS, PROGRAMS, AND PROJECTS(3) PERIODIC REVIEW AND REAFFIRMATION. The Operating Official responsible for the project will review each approved administrative plan or fiscal annex at least once each year, coincident with consideration of renewal of the project and will either(a) affirm in writing to the responsible Deputy Director that the previously approved provisions remain adequate and valid; or.(b) Initiate appropriate revision when changing circumstances dictate the need.
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S-E-C-R-E-TPLANS PROGRAMS, AND PROJECTSHHB 230-1FOREWORDFOREWORDRescission: HHB 230-1 dated 1 August 1969, 10 January 1973, and 16 March 1973This handbook incorporates the Agency procedures pertaining to the administration of project instrumentalities that will be followed in carrying out policies prescribed in HR 230-8.FOR THE DIRECTOR OF CENTRAL INTELLIGENCE:JOHN F. BLAKEDeputy DirectorforAdministrationDISTRIBUTION: SPECIALFROMOCT 30 1975CIARevised: 29 October 1974S-E-C-R-E-T E2 IMPDET CL BY: 059687NW 50955 DocId: 32423532 Page 197 i
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# S-E-C-R-E-THHB 230-11PLANS, PROGRAMS, AND PROJECTSSUPPORT SUPPLEMENTS FOR AGENCY INSTRUMENTALITIES1. PURPOSEThis handbook sets forth guidance for developing support supplements (administrative plans, fiscal annexes, and liquidation plans) governing Agency instrumentalities, as required by HR 230-8.2. GENERALProperly approved support supplements modify or waive specific provisions of Agency regulations except HR 230-9 and, in lieu thereof, set forth the provisions for special authorizations and management control of instrumentalities in the conduct of their affairs. They are designed to promotea. the most effective management, to include staffing of each instrumentality with personnel qualified to manage it in accordance with Agency objectives, under sound personnel policies and practices;b. the establishment of an effective budgeting, accounting, and reporting system that will produce accurate, timely, and useful reports of financial status and financial results of the operations of each instrumentality;c. the establishment of an accounting system for the instrumentalities that is compatible and reconcilable with Agency financial records;d. the highest degree of cover and security compatible with the overt character of each instrumentality and its operation or support objectives;e. the effective Agency control of funding to, and assets held by, the instrumentalities;f. the orderly deactivation or liquidation of any instrumentality that has ceased to be of operational value to the Agency.3. ADMINISTRATIVE PLAN PRESENTATIONThe administrative plan presentation should consist of (a) a memorandum requesting approval of the administrative plan by the Deputy Director having jurisdiction over the project and the Deputy Director for Administration; (b) the administrative plan (usually drafted by the support element in the operating component concerned); and (c) a concurrence sheet evidencing concurrence in applicable provisions of the administrative plan by the designated representatives of the General Counsel; the Comptroller; the Director of Finance; the Director of Security; the
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S-E-C-R-E-TPLANS, PROGRAMS, AND PROJECTSHHB 230-14Chief, Cover and Commercial Staff; and such other Agency components whose functional responsibilities are involved. The memorandum should state the project's operational objectives, the reason why it is believed that an instrumentality is the most advantageous means for attaining the objective, the type of instrumentality to be used, funds approved for the current year, funds programmed for the ensuing fiscal year, and, in the case of a revised plan, a statement as to the need for the revision and funds expended for the past two years.4. STANDARD PROVISIONS AND REQUIREMENTS OF ADMINISTRATIVE PLANSStandard provisions and requirements of administrative plans are listed below. A single reference may be made in each administrative plan that the provisions of HHB 230-1 are applicable. Substitute or additional provisions may be included in each plan to the extent necessary wherever the standard provisions and requirements are not applicable.a. BUDGETING(1) PurposeThe approved annual operating budget for a project provides the means to integrate it into the planning and budgeting system of the Agency. The process for the annual renewal of a project permits the appropriate Deputy Director, through his review, evaluation, and formal approval of the project and its operating budget, to authorize the continuation of the activity, under which funds may be advanced, controlled, expended, and accounted for, within the terms of the approved operating budget of the project. The approved operating budget of the project provides a basis for an objective evaluation of the real (total) cost of the activity, to include:(a) Funds Available*   Clear identification of funds either available or presumed to be available to the project (or instrumentality) from all sources during the period of the proposed operating budget, which will include(1) any prior-year funds (beginning cash balance, including liquid assets);(2) other U.S. Government (non-CIA) funds;(3) other CIA funds;(4) all other income;(5) the new funds requirement of the project (from current appropriation).
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S-E-C-R-E-TPLANS, PF RAMS, AND PROJECTS HHB 230-14b(b) Proposed ExpendituresClear identification of all proposed expenditures requiring cash, broken down in sufficient detail to separate(1) fixed expenses (overhead); and(2) operating expense.(c) Estimated Cash Balance at the End of the Fiscal Year(2) Preparation(a) Operating budgets are to be prepared annually for each approved project, with a detailed breakdown for each instrumentality. The budget will cover the past year (estimated obligations), the current year (proposed), and a forecast for at least the next year's operations in agreement with the limitations contained in the relevant operational program. The categories of expense will be consistent for all years and will follow the general classification of accounts in its prescribed accounting reports, to facilitate comparison and justify increases or decreases (overhead vs. operational; stateside vs. overseas; salaries, travel, etc., as applicable).(b) Scheduling of approvals of operating budgets will conform with the schedules established by the appropriate Deputy Director for annual project renewals.(c) The Office of the Comptroller is to be provided a copy of the approved operating budget for the project immediately following formal approval by the appropriate Deputy Director. This requirement also pertains to any subsequently approved revision of the project operating budget.b. FUNDING(1) Instrumentalities generally should be provided with cash not in excess of three months' normal operating cash requirements. Further funding of any instrumentality should be deferred whenever available funds exceed this limitation. If substantial amounts above this limitation are on hand, the instrumentality should be required to return the excess to the Agency.CIARevised: 29 October 1974S-E-C-R-E-T. E2 IMPDET CL BY: 059687NW 50955 DocId: 32423532 Page 201 3
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S-E-C-R-E-TPLAN PROGRAMS, AND PROJECTSHHB 230-14b(2)(2) Funds in any instrumentality that are in excess of normal operating requirements may be held for operational purposes when justified by the appropriate Operating Official and when approved by the Deputy Director concerned and the Deputy Director for Administration in the following circumstances:(a) In order that the instrumentality may present periodic financial statements reflecting substantial cash balances and investments for the purpose of strengthening cover and providing the appropriate stature in the community of its operations(b) To permit the instrumentality to make investments for the purpose of providing income in such amounts that will lend the appearance for cover purposes of not having to rely solely on periodic contributions throughout the year(Agency funding)(c) To provide the instrumentality with funds for any unusually large anticipated disbursement(s) in order to preclude undue attention which might be created by injection of a large amount of funds and their immediate withdrawal(3) Funds, as needed, will be made available to an instrumentality through various appropriate funding mechanisms in coordination with the Cover and Commercial Staff and the Office of Finance. All funds received by the instrumentality will be deposited in its bank account(s) whose use and authorized signatories have been approved by the Operating Official responsible for the project. Dual signatories are preferred on all bank accounts.(4) All bank accounts established by instrumentalities will be reported to the Office of Finance when opened, or notice thereof will be included as a part of the first financial report submitted by the instrumentality covering the period in which the bank account is established. Data reported will include the name and address of the bank; names and titles of signatory authorities; the reason why an account is operable only by a single signatory, if such is the case; and whether the signatories will be covered by a fidelity bond. Bank accounts normally will be in the name of the instrumentality unless deemed operationally inadvisable by the responsible Operating Official, reported and explained concurrently to the Director of Finance for review. If the bank account is to be in some other name, appropriate protective control documents will be executed.Revised: 29 October 1974S-E-C-R-E-T
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S-E-C-R-E-TPLANS, PROGRAMS, AND PROJECTS HHB 230-14c(5) Requests for advances of funds to instrumentalities must indicate (a) the specific purpose of the advance; (b) the identity of any intermediate instrumentalities used to introduce the funds; and (c) the accounting treatment to be given the funds in each receiving instrumentality, as well as any other information that will assist in the clear identification of Agency funding on overt records and statements.(6) The concurrence of the Director of Finance and the Comptroller and the approval of the Deputy Director concerned are required for a transfer of funds to be made between instrumentalities of different projects. Excepted from this requirement are transfers involving payment for actual services rendered, reimbursement of expenditures made in behalf of the transmitting instrumentality, or accommodation funding.c. REFUNDS(1) All refunds from instrumentalities to the Agency, whether permanent or temporary, must be explained by a memorandum stating the purpose of the refund and the effect of the refund on the overt records and statements of the instrumentality.(2) In the event funds are to be returned to the Agency under paragraph 4b(1) above, the Operating Official having jurisdiction over the project will devise the method of repayment in coordination with the Director of Finance and the Cover and Commercial Staff.d. AGENCY CERTIFICATION AND APPROVALThe project case officer will review financial statements submitted by the instrumentality (see paragraph 4n(3) below) and attach his certification that "to the best of my knowledge and belief the statements are true and correct and the reported expenditures are within the scope of the project authorization." In addition, the financial statements will be approved by an appropriate Agency approving officer and forwarded to the Proprietary Systems Branch, Office of Finance, at the earliest possible date and not later than sixty days after the close of the accounting period; extensions of time will be granted by the Director of Finance upon appropriate and reasonable request. Approval procedures for the writeoff of assets are outlined in HHB 30-1 chapter VIII for cash and receivables and HR 45-6 for inventory or property items. A copy of the financial statements will be forwarded to the Office of the Comptroller. When the instrumentality is funded by more than one Agency component, the case officer certification and approving officer approval of such components also will be obtained.![FRO and]OCT 30 1975![CIA logo]NW 50955 DocId: 3242132 Revised 23 October 1974 E2 IMPDET 5
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S-E-C-R-E-TPLANS, PROGRAMS, AND PROJECTSHHB 230-14ee. ACCOUNTING IN AGENCY RECORDSThe Office of Finance is authorized to accept the financial state-ments referred to in paragraph d above, for appropriate recordingin the Agency's system of accounts.f. PROTECTION OF U.S. GOVERNMENT INTEREST(1) In the case of a stock-issuing instrumentality, all purelynominal stockholders (as specifically differentiated fromAgency-controlled holding companies or non-Agency connectedbeneficial shareholders) either will endorse in blank at timeof issue the stock certificates issued in their names orexecute an irrevocable stock power covering the stock issued.(2) In the case of a nonstock-issuing instrumentality, controldocuments protecting the equity or other interests of theAgency will be executed. Those documents may be overt orclassified, and will be prepared by the Office of the GeneralCounsel. The classified documents will be executed on behalfof the Agency by the Special Contracting Officer, Office ofPersonnel.(3) The executed stock certificates, irrevocable stock powers,declarations of trust, memoranda of understanding or othercontrol documents evidencing Agency equity or interest ininstrumentalities will be forwarded promptly to the Propri-etary Systems Branch, Office of Finance, for recording andcustody. When such documents need to be retained by an in-strumentality, the reasons that necessitate such retentionwill be reported to the Proprietary Systems Branch, Office ofFinance, by the Operating Official responsible for the project.This report will detail the documentation retained and the lo-cation and type of safekeeping facility in which it is held,and include a signed statement of the custodian acknowledgingresponsibility for the documents. When possible, copies ofthe documents will accompany this report.g. PERSONNEL POLICY(1) Unless covered in the project outline, certain personnel datamust be included in the Administrative Plan. This should setforth a table of organization, salary scales, benefits andallowances to be provided, and a statement of key personnelselection procedures. Such data will be reviewed and approvedby the Director of Personnel.OCT 1975Revised: 29 October 1974NW 50955 DocId: 32428532 Page 204S-E-C-R-E-T
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PLANS, PROGRAMS, AND PROJECTS S-E-C-R-E-T HHB 230-14h(2) Neither salaried employees of instrumentalities nor persons engaged by instrumentalities in other than an employee status will receive pay in excess of the maximm rate of a GS-15 unless approved by the Director of Central Intelligence.(3) No commitment regarding benefits or insurance coverages will be made to personnel of an instrumentality until such proposals have been reviewed and approved by the Deputy Director concerned and the Director of Personnel.(4) If cover employment is to be provided Agency personnel, such action requires prior coordination with the Cover and Commercial Staff on an individual basis.(5) The employment of an individual who will be responsible for the maintenance of the instrumentality accounting records will be subject to approval by the Director of Finance.h. INSURANCE COVERAGE(1) The insurance program required by proprietary instrumentalities will be coordinated with the Cover and Commercial Staff for implementation through M-MUTUAL facilities or through an alternate method agreed upon by the responsible directorate and the Cover and Commercial Staff. Insurance coverages provided through MHMUTUAL include, but are not limited to, workmen's compensation, aviation, marine and other equipment coverages, property damage, liability, fire and extended coverages as well as those personnel coverages referred to below.(2) All staff and contract employees as well as detailed civilian and military personnel assigned to a proprietary instrumentality are entitled to the statutory or contractual insurance bene- fits applicable to them by reason of their Government employ- ment status. All personnel directly hired by a proprietary instrumentality are entitled to the following:(a) Life insurance and commitments for death and disability benefits in the performance of duty in accordance with HR 20-49.(b) Retirement pension and annuity benefits if approved by the Director of Personnel.(c) Medical and hospital insurance benefits if approved by the Director of Personnel. MHMUTUAL does not normally either directly underwrite or reinsure these coverages, but the Cover and Commercial Staff will provide advice and assistance upon request.
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S-E-C-R-E-TPLANS, PROGRAMS, AND PROJECTSHHB 230-141i. CASUALTY PROVISIONSee paragraph 5 below.j. LEGAL SERVICESThe Office of General Counsel at all times will be kept advised of the current status of the legal requirements of the instrumentality and will be responsible for accommodating its legal problems and for approving the use and the fee of outside counsel. Any attorney used by an instrumentality will be selected or approved by the Office of General Counsel.k. SECURITY POLICY(1) Unless covered in the project outline, there should be a statement in the Administrative Plan outlining the security requirements. This should include the types of operational security approvals; physical and document security controls; contact and communications procedures between the instrumentality and the Agency; security indoctrination of personnel; procedures for periodic review of operational security and related matters by CI Operations; emergency procedures, if applicable; and requirements for storage of classified or sensitive material.(2) An instrumentality will be managed in a manner consistent with its overt purpose to avoid disclosure of its true nature and the Agency's connection with it. No non-Agency person will be made witting of the true nature of an instrumentality without prior approval by both the Operating Official concerned and the Director of Security. All persons considered for employment in an unwitting capacity also will be reported for approval, with appropriate biographic information. The responsible directorate may establish additional requirements and procedures as required.l. Not usedm. AUDITAn audit program will be developed and implemented in accordance with the requirements of HR 31-1. The prior approval of the Chief, Audit Staff is required for the employment of either witting or unwitting public accountants for audit purposes.ROMUCI 20 19758Revised: 29 October 1974