Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 12, 2016
Document Release Date: 
September 8, 2000
Sequence Number: 
Case Number: 
Publication Date: 
December 5, 1949
Content Type: 
PDF icon CIA-RDP78-04718A000400130023-0.pdf349.4 KB
'Approved Fer Release 20 X94000400130023-0: *OGC Has Reviewed* General Counsel Deputy Budget O-'facer Application of Comptroller General's Decision B-910432 of the Comptroller General's Decision of 15 November 1949 5 Decesber 1,. A review has been sade in response to your suggestion 2 November 1919 requesting a decision as to whether or not CIS eight establish certain positions with grades and salaries equivalent to those in General Schedule grades 16, 17 and 18 as provider by the classification Act of 1949. The Comptroller C ene: r al t s reply quotes Section 9 of Law 110 (the CIA Act) as as limitation upon what appears to be otherwise unrestricted authority of the Director of CIA. establish positions with salcriee and responsibilities cciaparable with those provided by the Classification Act of 1949 for Geenersl Schedule grades 16, 17 and 18 without regard to any limitation as to number. It will be rioted that while Section 9 of `ablic L -w 110 provides for the employment of n more than three persons in the professional and scientific field, "- a*$O i such i ition being established to effectuate those scientific intelligence functions relating to national security", the Comptroller General states th -t if the positions to be established oo iparai le, to ceraeral. Schedule grades 16, .17 and 18 "involve profeea-sional or scientific duties" the would be subject to the limitations of Section 9 of the CIA Pict. He also irxdic~utes in his concluding recur rk that there is no legal objection to the establishing of such positions in this Agency "for other than professional and scientific duties". It is probable that the comptroller General intentionaij? refrained from qualifying his aesNwer by not referring to that portion of Section 9 of the CIA Act which specifies the nature of the function involved in the throe grade . positions authorized at not to exceed 15,000 per annum, 3? On page 1073 of the Congressional Service applicable to the Mat congress covering the period 25 may through 23 June 1949, there appears in connection with the Senate and House Re.xarte on thee CIA Act the following comreent relative to Section 9 of A cte "These three positions are established for the, enplo,;sent of outstanding man in the scientific field of forei U,eri ntific ment No. -- 0 /^~~ 4Y b?XY n Class-, 1~pr p '-13331 M 121 Approved For Release 2002/05/06: CIA-RDP7 -047118 ..... J gnu. Approved Fee Release 2002/05/OQ-o"FW4000400130023-0 legislation passed by the sitions in the National of the Legislative history of itions by the 80th Con- as to the of 5eeretary of Defense and the epart.. kir For** was de. Explanations scientific y POSItIorw MW were r reonnel appear to place emphasis on the required or authorized by the Iv. h and de and b+ its regular functions due to unavailability of qualified r person:ee1 at nnrma.. s.:tiar r rx:tee. The Areector of CIA, in sub ,tti z the proceed CTA All to the Director of the atreau of the Bu:;lgBt on 15 r oco r 1.94-", attached coi "dents explaining portions of Vie Bill and with reespeet to Section 9 sakes the following " `heee three positions are a st 11shcd for the employ- of three outstanding men it the scUntific field for the coordination and evaluation of foreign scientific intaei:ii- ~"""" underscor ng aup; pied) o pointed out that it had .Len impossible to secure high onnel at current Goverment pay standards, 4. While the reasons for the Comptroller C-encralrs f ?ilur present a were complete treatment of the le gisl4tivee irate end/or interpretation of what was rant by "professional and scientific field' it does appear that there is a good basis 'or ooncluding that Section 9 of the Cl Act only restricts the authority or the Director in establishing area-called super grades in those instances where the positions are such that pertinent functions r nd. duties indicate they are for the purpose of effectuating those scientific Intelligence functio ~e relating to national security, In this connection it should be pointed out that Section 9 is so worded t:at the personnel occup.ring any of the throe positions could be either "scientific" or 'professional" from the standpoint of quol.if cations. It appears therefore Viet administrative determination within CIA to establish super grades as authorized in Decision B-90432 must, of r essity, be g*v*.rned by the nature o!' the function and ties r uw in the office he occupied could come within the provisions of caction 9 ations Branch could not be given a Grade 16 since the sositicn concerned,, i.e, an electronics on ineer in the ct.. on the other ha .nd, the A esis nt Director, c!," o, since his Job requires the qualifico~tione of one who coordinat , directs, plaana, supervises a i J administers curtain functions and A .. ea ncy. While it is realised that at the time Section 9 was inoor ,?orated in the proposed CIA Act, it was in- tended to utilise the throe grade provided Section 9 for only professional, and scientific personnel in connection with . l Approved For Release 2002 06 CIA-RDP78-04718A000400130023-0 /Q&ADEMAL Approved Fee Release 2002/MNC NTi A000400130023-0 activities, it in not believed that such an arsamption oen be followed under the terms of the ;,31k Act, the 171 j ifia ation P.ct of 1949 and/or the ceptrol,:. er Central's Decision to the Z irector of 15 M'ov'er 19149. 5. Used on the above observations and conclusions, i to the exception of the Office of f`aientific In. ie Director of C`?%% can issue an order in onior wncae ,t, Decision B-90432 estab1iashin by sition supcr grades f; r all of the Assistant .-1rectors and/or ;pu Ry ssi; taa:t :=ireetore (except !1) and for d 1nisstrative, Support and other Staff Chiefs. This authority would. also appi ar to include the Otficae of the Vxoautive,, the te;ai. taff, Inspection and Security, and other or nizatiosui units of the Agency such as the Coordination, Operations and Policy =!taft and the Advisory our 1. Such an order which would establish the comparable General Schedule grades and s, lariee by , ositionels should a.ff?irmativejy state that the three ass a-dss P-9 ; i' ss -1jshed by the CIA Act are allocated to the Office of Scientific Intelligence and will be approved in each instance by the Civil service Commission in conf'orseity with Section i. 6. If the ccnelaeiona reached in the preceding pnra , ph a :re saw, there would appear to be no obstacle to the Director issuing the nes sseary order within the limitations indicated. 'tat officer KE//vib cc: Executive Signer's copy Approved For Release 2002/(Ml1 a'18A000400130023-0