DEAR MR. LAWTON:

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP78-04718A000100320063-8
Release Decision: 
RIPPUB
Original Classification: 
S
Document Page Count: 
3
Document Creation Date: 
December 12, 2016
Document Release Date: 
May 24, 2002
Sequence Number: 
63
Case Number: 
Publication Date: 
October 31, 1950
Content Type: 
LETTER
File: 
AttachmentSize
PDF icon CIA-RDP78-04718A000100320063-8.pdf289.09 KB
Body: 
Approved For Release The Honorable The Director of the Bureau of the Budget Bureau of the Budget Wa hint= ZS, D. C. Dear Mr. Lawton: 4 Al- /-2K3-Z1- CIA-RDP78-047.48A000100320063-8 Reference is made to your letter tes that would be affected by the tuts of war or emergency. or. 31,44,p 4 October 1950.Subject: mination of the existence Because of the powers sad authorities gr anted the Central genes Agency in its basic legislation, the Agency will not he handicapped in its functioning by the termination of the states of war or emergency described in your letter. The .-giertcy would be affected incidentally, however, because of the dependence of some of its activities on other government departments and agencies, and because of its policy to follow, so far as possible, general governmental policies and procedures. A discussion of the termi- nation of most of tho6e statutes which affect tie only incidentally will be left to the departments and agencies primarily concerned. Of interest to CIA are several laws, passed during the Second World 2. ar, providing compensation for certain clesses of persons who, while serving the United 'States abroad, are determined to be Injured, missing or captured due to enemy action. "While these statutes were primarily concerned with the actual hostilities against Germany and Japan1 they have proven helpful and should be extended to cover the 'cold war" where there is no official "enemy' . Con- sequently, it would be desirable for the provisions of these laws to be continued on a permanent basis and broadened in their language so as to care for persons engaged in activities abroad on behalf of the United States which are not necessarily connected with any formal state of war existing between the United States and any other country Approved For Release2002108/26 ? tIA-RDP78-04718A000100320063-8 Approved FisirReleas : CIA-RDP78-04748A000100320063-8 or countries. The laws Involved are the sections of the War Pay and Allowances Act of 1942, and sections of the Ac December 1942 and 28 July 1945, described below. The missing persons provisions of the War Pay sad Allowance. Act of 194 (Act of March 7, 1942, c. 166. g6 stat 143, App. -1015), as amended, provide generally for the continua tion of the pay and allowances of government employees serving outside the continental United States for any period during which the employee is determined to be missing in action or captured by an enemy. This law also provides for a moratorium CM the filing of income tax returns by such persons and for the return transpor tation of their dependents and household effects. The Act, by its terms, will remain in effect until the termination of the present war with Germany. Italy and Japan, and for twelve months there- after, or until such earlier time as the Congress by concurrent resolution or the President by proclamation may designate. * (50 USC App. 11015). Apparently this Act may be deemed to be still in effect and applicable to certain CIA personnel. Section 5(b). c. 3211 f the Act of July 28, 1945, 59 Stat. 5 USC #881, SA amended, provides generally that, where a States employee suffers death or disability after capture by an enemy of the United States "during the present war. the injury is deemed to have been sustained while in the performance of duty1 for the purposes of the Federal Employees Compensation Act (5 USC #751 ff.). The Act, of December 2, 1942, c. 668. Title j 56 Stat. 10 1 33, 42 ttsd )11701 1706, as amended by the Act of December 23, 1943, c. 3$0. Title 1, 57 Stat. 626, extends the benefits of the Federal Employees :ompensation Act to certain persons employed by a contractor with the United States and to persona engaged by the United States under a contract for personal services outside the continental United States, where injury results from "war-risk hazards", or the person is missing due to enemy action, or is not returned to his home due to failure of the United States to furnish transportation. "Year-risk hussars!' is defined (42 USC 11711) as hasard arising from certain enumerated types of occurrences prior to the end of the present war. " Approved For Release 2002/ 126 : CIA-RDP78-04718A000100320063-8 25X1 SOO Approved Film* Release 2002/06/26 : CIA-RDP78-046A000100320063-8 There are also two provisions concerning free entry o to the United States which are of interest to this Agency. The first the Act of June 27, /942, c. 453, SI 1 and 2, 56 Stat. 461, 50 USC App. 11801-862, which provides that the personal and household effects of any person in the service of the United States, or of say person evacuated to the United States under Government orders, may be brought into the United States or any of its possessions pursuant to Government orders or instructions, without payment of any duty or tax, subject, however, to such regulations as the Secretary of the Treasury may prescribe. The Act provides (50 USC 11602) that it 'shall have no force or effect on or after the day following the proclamation of peace by the President." The retention of provisions of this nature as permanent law is desirable in order to facilitate the movement of CIA personnel and any evacuation of persons to the United States arranged by CIA. Executive Order 9177 of May 30, 1942, extended to certain agencies oi t1ebovernment the authority given to the tary of the Navy in the Act of June 30, 1914, 38 Stat. 399, 34 SC 568, to make emergency purchases of war materials abroad and to import same to the United States free of duty. The Order provides that it shall continue in force and effect until the termina- tion of Title 1 of the First War Powers Act, 1941, " i.e. , until six months after the termination of the war. It is desired that a permanent law be enacted granting to CIA, along with other specified agencies, the authority contained in the Act of Jun 30, 1914. hall be glad to discuss any of these matters with yo on so desire. Inquiries should be directed to the our Legislative Officer Walter L. Fforsheimer, WLPforzheimer:121c j Central Records? MIN ha Signe rL?' budget ?Mow., ) ? 1-4-z-- 6?14-441-'1 6644 / ILLEGIB Sincerely you /5 &iriz Approved i-or Keie I2b : (AA-KU!" (15-04 /115AUOU1OUJZOUbi-o 25X1A