SCIENTIFIC GRADES ABOVE GS-15.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200030019-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: October 31, 2003
• Sequence Number: 19
• Publication Date: February 6, 1950
• Content Type: MEMO

STANDARD FORM NO. 64 Approved FoQelease 2003/12/02: CIA-RDP59-0088000200030019-4
Office Memorandum ? UNITED STATES GOVERNMENT
TO The Director DATE: 6 Februar,i 1950
FROM Assistant General Counsel
SUBJECT: Scientific Grades above GS-15.
1. In an effort to secure competent top-flight scientific
intelligence personnel for this Agency, the Congress authorized
the Central Intelligence Agency to establish and fix the com-
pensation for not more than three positions in the professional
and scientific field at a rate of compensation not to be less
than $10,000 per annum nor more than $15,000 per annum,,
". . each such position being established to
effectuate those scientific intelligence functions
relating to national security, which require the
services of specially qualified scientific or
professional personnel. . ." (Section. 9, Public
Law 110, 81st Congress).
House Report No. 160 (81st Congress), which accompanied Public
Law 110, states that these three positions are established "for
the employment of outstanding men in the scientific field of
foreign scientific intelligence." There is. no question that
the sole intent of this Agency in requesting such authority,
and the sole intent of.the Congress in granting it, was for the
purpose of hiring the very best available personnel in the
field of foreign scientific. intelligence, and to pay them
salaries commensurate with those paid by other Government
agencies for top-flight scientific personnel.
2. Certain problems have ncwbeen raised by the passage
of the Classification Act of 19+9 (Public Law 429, 81st Congress).
The Central Intelligence Agency was specifically exempted from
the provisions of this Act (Section 202(16)). In accordance
with this exemption, the Comptroller General of the United
States has ruled (Opinion of 15 November 1949) that the pro-
visions in the Classification Act of 1949 relative to the
placement of employees in Grades 16, 17, and 18, and the
limitation upon the number of such employees "have no applica-
tion to the Central Intelligence Agency.' However, the
Comptroller General points out that Section 9 of the Central
Intelligence Agency Act specifically limits the authority of
the Director of Central Intelligence to establish and fix
the compensation of not more than three positions in the pro-
fessional and scientific field at salaries ranging from $10,000
to $15,000 per annum, and the Comptroller General determined
that this numerical limitation of Section 9 was controlling in
this connection.
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3. In a subsequent meeting with Mr. Houston on 11 January
1950, Mr. Fisher, General Counsel of the General Accounting
Office, gave as his opinion that the limitations of Section 9
of Public Law 110, as interpreted by the Comptroller General's
decision of 15 November, did not contemplate a prohibition of
employment of scientists and professional men at grades above
GS-15 merely because they happen to be scientists or professionals.
He believed that the law as presently written did prohibit the
establishment of more than three grades above GS-15 in OSI, as
it would be difficult to establish that the scientist in that
office was not in the field of scientific intelligence.
1. It was our intention, when Section 9 of Public Law
110 was passed, to be able to pay three top-flight scientists
at top grades. It was felt that we could not justify the pay-
ment of top grades to more than three as long as there was a
limitation of $10,330 upon the normal salary schedule. However,
the passage of the Classification Act of 19#9 has raised the
salary ceiling to $14,000, while this Agency is still restricted
to three positions in the scientific intelligence field in
excess of $10,000. This appears to create an inequity with
regard to top-flight scientific personnel.
5. There are two alternatives for meeting this situation,
both lying in the legislative field. The first is an outright
repeal of Section 9 of the Central Intelligence Agency Act; and
the second is its amendment. The outright repeal of the Section
in its entirety would make it necessary for the Director to use
his broad legislative authority to certify to the necessity of
continuing to pay the present Assistant Director/OSI at a
rate of $15,000 per annum. This can be done, and it is our
opinion that from a legislative standpoint it is preferable
to repeal the Section in its entirety. It is felt that this
will create the least discussion an the Hill and elsewhere.
The alternative would be to amend Section 9 of Public Law 110
so that the compensation provision should read ". . shall rot
be less than $13,000 per annum, nor more than $15,000 per
annum. . ." This would raise the general ceiling for scientists
in the field of foreign scientific intelligence to $13,000,
and would still allow three senior positions in the scientific
field between the salaries of $13,000 per annum and $15,000
per annum.
6. It is recommended that the Director approve both of
these alternatives and express a preference for outright repeal.
We will then be able to use these approvals as a basis for infor-
mal discussion, first with the Bureau of the Budget, and second
with the staffs of the Congressional Armed Services Committees
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%ow
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to ascertain their attitude as to the preferable solution.
once this has been ascertained, we can make the necessary
formal submission.
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