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the Law on national safety of 1947 and new approaches to _развитию prospecting activity

The Law on national safety of 1947 became the major stage of development of the American investigation. Without exaggeration it is possible to approve, that this law has laid the foundation for all post-war system of prospecting services of the USA and became some kind of a starting point of modern history of the American investigation.

The first project of the future Law on national safety has been prepared in the end of 1946 - the beginning of 1947 by the commission as a part of Charles Murphy - the administrative assistant to president Truman, Lorisa Norshtadta - the major general, representing army and the vice-admiral

F.Sherman - the representative of the Navies. The reasons concerning investigation has directed to the commission and the director of central investigation Hojt Vandenberg.

After end of work the project has been presented President Truman who has directed it on February, 26th, 1947 to the Congress under the name "the Bill directed on maintenance of national safety by establishment of the national Ministry of Defence led by the minister of national defence, with the ministries overland forces, navy fleet and military-air forces in the national Ministry of Defence, and by means of coordination of activity of elements of the national Ministry of Defence with other departments and departments on the questions, connected with national safety" [136].

During bill discussion in the Congress the representatives of various state bodies who had a wide experience of work in investigation have been heard. Among them - U.Donovan, A.Dalles, H.Vandenberg ordering aircraft of land forces - general K.Spaatiz [137].

Contrary to expectations, in the Senate the idea of creation on the basis of the Central prospecting group of new independent prospecting department has not met serious objections. Fierce disputes have arisen, however, concerning a post of the director of the central investigation. Different opinions have been stated concerning that, military or the civilian should be appointed to this post, whether the director of the central investigation in Council of national safety as should should consist is under construction mutual relations of the director with heads of other federal departments. The committee on Senate armed forces has finished bill discussion on June, 4th, 1947, having suggested to bring in it a number of essential amendments:

1) to include in again founded Council of national safety of the president and to accord it a right to appoint in Council structure any person;

2) to carry out appointment of the director of the central investigation both from among military men, and from among civilians;

3) it has been stated also the offer to change structure of the future law a little and to place on the first place has not undressed about association of armed forces, and section about "Coordination with a view of national safety".

In difference from senators who have amicably enough expressed in support of bill substantive provisions, members of the House of Representatives have subjected to more serious criticism a number of positions of the presented bill.

In particular, much more more brisk, than in the discussion Senate has caused in deputies of the lower chamber a question on possibility of appointment of military men on a post of the director of the central investigation.

Supporters of the civil director gave reason for the position that in case of appointment of the director of the central investigation from among personnel military men, the director inevitably will appear under the control of the head of military department.

Supporters protivopolozhennoj positions focused attention on that fact, that the basic interested persons in the prospecting information are military men; military prospecting services consume also the most part of the budget of the American investigation. Proceeding from it appointment of the director of the central investigation from among civilians, in their opinion, could cause undesirable collisions between military men and the civil director of the central investigation.

The majority of the lower chamber of the Congress was declined, nevertheless, in favour of the compromise variant already offered by the Senate - to allow the president to appoint the director of the central investigation both from among military men, and from among civilians. Thus, in a case appointment as the director of the personnel military man, it should be completely deduced for the period of continuance in office from under the control of military department.

On other question at issue - about possible inclusion of the director of the central investigation in number of members of newly founded Council of national safety - the House of Representatives has expressed negatively. The majority of deputies had been supported opinion of naval minister James Forrestla which approved, that too big number of members of Council of national safety will not allow the last effectively

To cope with the problems put before it [138].

The most serious discussion in the lower chamber of the Congress of the USA was caused by a question on functions of a newly founded Central intelligence service [139]. In particular, it was much said that simple record about transfer of function TSRG to newly founded body as it has been provided in an initial variant, is insufficient. Thus opponents of the similar formulation referred that functions TSRG are fixed in the executive instruction of the President with which the most part of the population of the USA, including many interested persons, is not familiar. Analyzing the instruction of the president from January, 22nd, 1946 Congressmen have come to conclusion that offered in a bill about national safety the formulation "to carry out such problems which the President and National prospecting council can define from time to time" expanded CIA functions is practically boundless.

The director of the central investigation H.Vandenberg most consistently insisted on the initial formulation of the bill. In its opinion, it was impossible to specify precisely functions of new body as they are not absolutely clear yet and some time for their definition is required. Has supported position Vandenberga and Alain Dalles who also considered necessary to specify in the law of function of CIA only in a general view. The future director of CIA has expressed also opinion that the basic directions of prospecting activity should be defined by Council of national safety, instead of body of investigation, as otherwise if the executor himself puts to itself problems the positive result [140] can be hardly reached.

Brisk discussions in the Congress lower chamber were caused by a question on mutual relations of the director of the central investigation and newly founded CIA with other federal departments, first of all with the Ministry of Defence and FBI.

Representatives of the military ministry as a whole have agreed to recognise co-ordinating role of a newly founded Central intelligence service and did not challenge the right of CIA and the director of the central investigation to have access to the prospecting information of military prospecting services. In exchange for this concession military men have reserved the right and further to carry out independent prospecting and analytical activity in interests of support of military operations.

More cautious position was occupied with representatives of the Federal bureau of investigations and, first of all, its director John E. Hoover. The director of FBI did not object to granting of CIA of the required information, but only on receipt of the letter of inquiry from CIA and only in the event that the required information “is essential to interests of national safety”. Thus highly experienced John Hoover intentionally did not aspire to specify who and how will establish "importance" of the required information, assuming, possibly to reserve the right to itself the similar decision.

Understanding all importance of the mentioned question and a true essence of the remarks stated by Hoover, Allan Dalles has suggested to settle in the law not only questions of interaction of all prospecting services, but also rigidly to differentiate spheres of the competence of CIA and FBI. Being the professional scout, Dalles perfectly realised, that FBI activity should not have something in common with activity of body of external investigation. Otherwise there can be a situation when the body of external investigation can be involved in an orbit of maintenance of internal security [141].

The law on national safety, in its definitive variant, has been approved by the Congress on July, 25th, 1947 and signed by President Truman on July, 27th, 1947. According to the novel following federal bodies were founded: Council of national safety, the uniform Ministry of Defence (have been thus kept in its frameworks the independent military and naval ministry and the new ministry of military-air forces is created), Incorporated committee of chiefs of staffs and the Central intelligence service led by the director of the central investigation [142].

Functions of the Central intelligence service as on that and nastavivali Hojt Vandenberg and Allen Dalles, the law of 1947 has defined only in a general view - CIA was recommended to carry out “such other functions and duties in sphere of investigation which are connected with questions of national safety which will be periodically assigned to it by Council of national safety". By the law of 1947 also has been fixed for CIA will lock to have any police forces, to possess compulsory imperious powers or to carry out any actions in sphere of maintenance of internal security. The similar decision of legislators has been dictated, on the one hand by fears of the Congress to catch in the name of CIA American “G estapo”, and with another - lobbistkim influence on the Congress from FBI and its head John Hoover, wishing to keep behind the department a full priority in questions of maintenance of internal security [143].

In spite of the fact that in the Law on national safety of 1947 enough close attention has been given distribution of powers between already existing federal departments and CIA, the newly founded prospecting service had to face the first difficulties already in the first years of the existence. In sphere of analytical activity of CIA it was necessary to compete to already existing analytical divisions of State department, the military ministries and FBI. The law on national safety did not forbid already existing departments to lead analytical work, therefore military men and FBI extremely reluctantly went on granting to again organised Central intelligence service enquired on the basis of the Law of 1947 of the information, referring that the required information is not of interest for national safety of the USA.

Serious difficulties of CIA has faced and in sphere of operative activity. Council of national safety more willingly charged carrying out of various operations outside of the USA to investigation of the State department which already had experience of carrying out of similar actions [144].

In spite of the fact that as a whole the course on development of prospecting activity as independent kind of activity of the state, selected a management of the USA after 1947, as a whole has sustained check by time, the practical steps directed on realisation of this course not always appeared successful. The large quantity of every possible control groups, committees and the commissions which since 1947 with enviable periodicity were created both in bowels of the federal government testifies to set of failures and failures on a way of formation of the American investigation, and at the initiative of the Congress of the USA. Called on the one hand to develop the recommendations, capable to improve efficiency of prospecting activity, to develop mechanisms of coordination and interaction in system of prospecting services of the USA, on the other hand, these committees, the commissions and groups carried out control function in relation to the American investigation, revealing infringements and abusings in the wide public of activity of prospecting services of the USA hidden from eyes.

So, in the January, 1948, unsatisfied with activity of CIA and the director of the central investigation the secretary of Council of national safety Sydney Sojers, shortly before it the holding post of the director of the central investigation, has appointed the commission consisting of three private persons for preparation of the independent conclusion concerning structure, the organisation of administrative and operative work and an order of the organisation of cooperation of CIA with other federal departments. The commission included three lawyers from New York, having an operational experience in investigation - Allan Dalles (Allen Dulles), William Jackson (William Jackson) and Matias Korrea (Mattias Correa). The commission conclusion, has appeared in January, 1949 under a signature stamp "top secret" and has not been intended for the American public. Under the maintenance the conclusion was the extremely critical. The commission had been formulated conclusions and recommendations about perfection of activity of CIA:

1. The attention to insufficiently effective work of supervising structures of CIA on realisation of the functions assigned to management has been paid.

2. The reason interfering effective execution by department of the functional duties had been named an inefficiency

The administrative organisation of CIA.

3. The continuity in activity of directors of the central investigation has been designated as a necessary condition of appropriate execution by them of the duties

4. Henceforth it was recommended to appoint the director of the central investigation from among civilians. In case of appointment of the new director from among military men to oblige it immediately to send in the resignation from military service [145 [146].

Though Council of national safety also has considered commission formulations unduly rigid, nevertheless the basic conclusions of the commission have been recognised by quite justified. Council of national safety recognised, that: CIA does not carry out coordination of prospecting activity within the limits of the federal government; information-analytical work in CIA is not carried out properly, during analytical work of CIA co-operates with other members of prospecting community insufficiently; the director of the central investigation inefficiently carries out the daily control over CIA activity.

Prospecting services and the American legislators have not left without the attention. In 1947 the Congress had been founded the Commission on the organisation of an executive branch власти146 which was headed by former US president G erbert G uver. Within the limits of the commission the subcommittee on supervision of the organisations, prosecuting subjects of national safety has been created. This subcommittee which was headed by the businessman from New York Ferdinand Ebershtadt, has come to conclusion, that the organizational structure of the federal departments which are responsible for questions of national safety is optimum enough. At the same time departments cope with the duties assigned to them insufficiently.

To the separate criticism in the subcommittee report the Central intelligence service has been awarded. In particular, it was specified in the lowest level of work of CIA on gathering and analytical processing of the information, concerning scientific and technical workings out in foreign countries. The similar steadfast attention to conducting CIA of scientific and technical investigation from subcommittee Ebershtadta has been caused not deprived (as it was found out later) bases by fears of the head of a subcommittee concerning creation possibility in Soviet Union the nuclear weapon. According to Ebershtadta the errors admitted by CIA in sphere of scientific and technical investigation “... Can have immediate and more catastrophic consequences, than errors in any other sphere of prospecting activity” [147].

In 1949, soon after the American military intervention to Korea the new director of the central investigation lieutenant general Bedell Smith (Walter Bedell Smith) has been appointed. Since first days after the introduction into a post the new director of the central investigation has started perfection of activity of CIA, being guided by conclusions and recommendations of commission Dallesa-Dzheksona Korrea and paramentskoj Hoover's commissions. Appointment of the veteran of Management of strategic services of Allen Dallesa as the deputy director of CIA concerning planning became one of the first steps of the new director. The new director of the central investigation had been created, also, the Bureau of national estimations which was headed by William Langer [148 [149].

On the basis of the Law on CIA 1949 года149 the Congress has expanded powers of CIA and the director of the central investigation. The director has received additional administrative levers for the organisation and carrying out of secret operations. In particular it was authorised to director of the central investigation to increase volume of financing of secret operations without the coordination of allocation of additional funds with special bulky restrictive procedures, obligatory for other prospecting departments.

The direct control over perfection of work and expansion of functions of the Central intelligence service was carried out personally by president Harry Truman. As well as in 1946, in the late forties - the beginning of the fiftieth years Truman extremely seriously concerned investigation and has not been inclined to underestimate value extracted investigation of the information. In the message of CIA from November, 21st, 1952 Truman underlines, that: "... You the organisation, you the prospecting weapon which provides the chief executive with the information allowing it to make such decisions which will always correspond to public interests and national interests of the state" [150].

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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