EXECUTIVE ORDER 10100

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP54-00177A000200050107-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 12, 2016
• Document Release Date: July 3, 2002
• Sequence Number: 107
• Publication Date: January 28, 1950
• Content Type: REGULATION

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Regulations Relating To The Granting Of Certain Allowances
by the Director of Central Intelligence
By virtue of and pursuant to the authority vested in me by section
5(b) of the Central Intelligence Agency Act of 194 9, approved June 20,
1949 (Public Law 110, 81st Congress), and as President of the United
States, I hereby prescribe the following regulations:
1. The allowances granted by the Director of Central Intelligence
under section 5(b) of the Central Intelligence Agency Act of 1949 shall
conform to the allowances granted by the Secretary of State in accord-
ance with the regulations prescribed by him pursuant to section 901(1)
and 901(2) of the Foreign Service Act of 1946 and r~acecutive Order Ao.
10011 of October 22, 1948, as to places or cities r;ith respect to
which such regulations are applicable; and as to places or cities with
respect to which such regulations are not applicable, the allowances
granted by the Director shall conform, so far as practicable, to the
general standard:, and rates contained in the said regulations of the
Secretary of State.
2. The Director of Central Intelligence may prescribe such
further regu ktions as he may deem necessary to effectuate the pur-
poses of this order.
3. This order shall be effective as of June 20, 1949.
/s/ HARRY S. TRUMAN
STATINTL
THE iHITL HOUSE,
January 28, 1950.
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[CHAPTER 227-1ST SESSION]
[H. R. 2663].
AN ACT
[PU )`IC LAW, 110-81ST CONGRESS]
To provide for the administration of the Central Intelligence Agency,.establbihed
pursuant to section 102, National. Security Act of 1947, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America-in Congress assembled,
DEFINITIONS
SECTION 1. That when used in this Act, the term
a) "Agency" means the Central Intelligence Agency,
b) "Director" means the Director of Central Intelligence,
c) "Government agency" means any executive department, com-
mission, council, independent establishment, corporation wholl y or
partly owned byy the'United States which is an instrumentality of the
United States, board bureau, division, service, office, officer, authority,
administration, or other establishment, in the, executive branch of the
Government; and
(d) "Continental United States" means the States and the, District
of Columbia.
SEAL` OF OFFICE
SEC. .2. The Director of Central intelligence shall cause: a seal of
office to be made;for ,the Central Intelligence Agency, of such design
as the President shall '; approve, and judicial :notice shall be ;taken
thereof.
Sic. 3. (a). In the performance of its functions the Central Intelli-11 gence , Agency is .authorized to exercise .the authorities contained in
sections 2 (c) (1),:(2), (3),.:(4), (5),;(6), (10), (12)', (15)-,,'(17),
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and sections ?3, 4, 5;' 6,`aid' 10 of t e Armed Services Procure
of 1947 (Public Law 413 Eightieth Congress; second session);,,
(b}"In the exercise of the i authorities granted in;'subsection (a)
of this 'section,' the term "Agency head,' shall meanthe Director, the
c) The determinations and'decisions provided in 'subsection (a
of this section to be made by" the Agency head Inay'be made wit
urchases and contracts or with,tespectto classes
idual
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spect to
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of purchases or contracts,` and shall be final. ' Except` as pr`.ovided in,
subsection d of this section; the Agency hea' is authorized tQ dele'
gatehis powers provided in this section ,including the mak,pg of Such`
(d) -'The power o the Agency head ao make?the `d'eterminations or
raphs (12) and(15~) of section'2 (c) and'
ara
d'in
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ions
dec
section: 5' ( )` of "the Armed Services Procurement` ct'of1194'/ shall
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not be delegable. Each determination or decision required by para-
graphs (12) and (15) of section 2 (c), by section 4 or by section 5 (a)
of the Armed Services Procurement Act of 1947, shall be based upon
written findings made by the official making such determinations,
which findings shall be final and shall be available within the
Agency for a period of at least six years following the date of the
determination.
SEC. 4. (a) Any officer or employee of the Agency may be assigned
or detailed for special instruction, research, or training, at or with
domestic or foreign public or private institutions; trade, labor, agri-
cultural, or scientific associations; courses or training programs under
the National Military Establishment; or commercial firms.
(b) The Agency shall, under such regulations as the Director may
prescribe, pay the tuition and other expenses of officers and employees
of the Agency assigned or detailed in accordance with provisions of
subsection (a) of this section, in addition to the pay and allowances
to which such officers and employees may be otherwise entitled.
TRAVEL, ALLOWANCES, AND RELATED EXPENSES
SEC. 5. (a) Under such regulations as the Director may prescribe,
the Agency, with respect to its officers and employees assigned to per-
manent-duty stations outside the continental United States, its ter-
ritories, and possessQions, shall-
(1) (A) pay the travel expenses of officers and employees of
the Agency including expenses incurred while traveling pursuant
to orders issued by the Director in accordance with the provisions
of section 5 (a) (3) with regard to the granting of home leave;
(B) pay the travel expenses of members of the family of an
officer or employee of the Agency when proceeding to or returning
from his post of duty; accompanying him on authorized home
leave; or otherwise traveling in accordance with authority granted
pursuant to the terms of this or any other Act ;
(C) pay the cost of transporting the furniture and household,
and personal effects of an officer or employee of the Agency to his
successive posts of duty and, on the termination of his services,
to his residence at time of appointment or to a point not more
distant, or, upon retirement, to the place where he will reside ;
(D) pay the cost of storing the furniture and household and
personal effects of an officer or employee of the Agency who is
abs'mt under orders from his usual post of duty, or who is assigned
to a post to which, because of emergency conditions, he cannot
take or at which he is unable to use, his furniture and household
and personal effects;
(E) pay the cost of storing the furniture and household and
personal effects of an officer or employee of the Agency on first
arrival at a post for a period not in excess of three months after
such first arrival at such post or until the establishment of resi-
dence quarters, whichever shall be shorter;
(F) pay the travel expenses and transportation costs incident
to the removal of the members of the family of an officer or em-
ployee of the Agency and his furniture and household and per-
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Pvs. Law 110.]
sonal effects including automobiles, from a post at which, because
of the prevalence of disturbed conditions, there is imminent danger
to life and property, and the return of such persons, furniture, and
effects to such post upon the cessation of such conditions ; or to
such other post as may in the meantime have become the post
to which such officer or employee has been assigned.
(2) Charge expenses in connection with travel of personnel,
their dependents, and transportation of their household goods
and personal effects, involving a change of permanent station, to
the appropriation for the fiscal dear current when any part of
either the travel or transportation pertaining to the transfer
begins pursuant to previously issued travel and transfer orders,
notwithstanding the fact that such travel or transportation may
not all be effected during such fiscal year, or the travel and transfer
orders may have been issued during the prior fiscal year.
(3) (A) Order to the United States or its Territories and
possessions on leave provided for in 5 U. S. C. 30, 311a, 30b, or as
such sections may hereafter be amended, every officer and employee
of the agency who was a resident of the United States or its
Territories and possessions at time of employment, upon com-
pletion of two years' continuous service abroad, or as soon as
possible thereafter : Provided, That such officer or employee has
accrued to his credit at the time of such order, annual leave suffi-
cient to carry him in a pay status while in the United States for
at least a thirty-day period.
(B) While in the continental United States on leave, the serv-
ice of any officer or employee shall not be available for work or
duties except in the agency or for training or for reorientation for
work; and the time of such work or duty shall not be counted as
leave.
(C) Where an officer or employee on leave returns to the United
States or its Territories and possessions, leave of absence granted
shall be exclusive of the time actually and necessarily occupied
in going to and from the United States or its Territories and
possessions, and such time as may be necessarily occupied in
awaiting transportation.
(4) Notwithstanding the provisions of any other law, transport
for or on behalf of an officer or employee of the Agency, a pri-
vately owned automobile in any case where it shall be determined
that water, rail, or air transportation of the automobile is neces-
sary or expedient for any part or of all the distance between
points of origin and destination, and pay the costs of such
transportation.
(5) (A) In the event of illness or injury requiring the hospi-
talization of an officer or full time employee of the Agency, not
the result of vicious habits, intemperance, or misconduct on his
part, incurred while on assignment abroad, in a locality where
there does not exist a suitable hospital or clinic, pay the travel
expenses of such officer or employee by whatever means he shall
deem. appropriate and without regard to the Standardized Govern-
ment Travel Regulations and section 10 of the Act of March
3, 1933 (47 Stat. 1516; 5 U. S. C. 73b), to the nearest locality
where a suitable hospital or clinic exists and on his recovery pay
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for the travel expenses of his return to his post of duty. If the
officer or employee is too ill to travel unattended, the Director
may also pay the travel expenses of an attendant;
(B) Establish a first-aid station and provide for the services
of a nurse at a post at which, in his opinion, sufficient personnel
is employed to warrant such a station : Provided,- That, in his
opinion, it is not feasible to utilize an existing facility;
(C) In the event of illness or injury requiring hospitalization
of an officer or full time employee of the Agency, not the
result of vicious habits, intemperance, or misconduct on his part,
incurred in the line of duty while such person is assigned abroad,
pay for the cost of the treatment of such illness or injury at a
suitable hospital or clinic;
(D) Provide for the periodic physical examination of officers
and employees of the Agency and for the cost of administering
inoculations or vaccinations to such officers or employees.
(6) Play the costs of preparing and transporting the remains
of an officer or employee of the Agency or a member of his family
who may die while in travel status or abroad, to his home or
official station, or to such other place as the Director may deter-
mine to be the appropriate place of interment, provided that in
no case shall the expense payable be greater than the amount
which would have been payable had the destination been the home
or official station.
(7) Pay the costs of travel of new appointees and their depend-
ents, and the transportation of their household goods and per-
sonal effects, from places of actual residence in foreign countries
at time of appointment to places of employment and return to
their actual residences at the time of appointment or a point
not more distant : Provided That such appointees agree in writing
to remain with the United States Government for a period of
not less than twelve months from the time of appointment.
Violation of such agreement for personal convenience of an
employee or because of separation for misconduct will bar such
return payments and, if determined by the Director or his designee
to be in the best interests of the United States, any money
expended by the United States on account of such travel and
transportation shall be considered as a debt due by the individual
concerned to the United States.
(b) In accordance with such regulations as the President may pre-
scribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U. S. C. 70), the Director is authorized to grant
to any officer or employee of the Agency allowances in accordance with
the provisions of section 901 (1) and 901 (2) of the Foreign Service
Act of 1946.
GENERAL AUTHORITIES
Sec. 6. In the performance of its functions, the Central Intelligence
Agency is authorized to-
(a) Transfer to and receive from other Government agencies such
sums as may be approved by the Bureau of the Budget, for the perform-
ance of any of the functions or activities authorized under sections 102
and 303 of the National Security Act of 1947 (Public Law 253,
Eightieth Congress), and any other Government agency is authorized
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to transfer to or receive from the Agency such sums without regard to
any provisions of law limiting or prohibiting transfers between appro-
priations. Sums transferred to the Agency in accordance with this
paragraph may be expended for the purposes and under the authority
of this Act without regard to limitations of appropriations from which
transferred
(b) Exchange funds without regard to section 3651,Revised Statutes
(31 U. SC. 543)-; ~1 _._ .. __ __.......,1.
(c) Reimburse other Government agencies for services of personnel
assigned to the Agency, and such other Government agencies are
hereby authorized, without regard to provisions of law to the contrary,
so to assign or detail any officer or employee for duty with the Agency;
(d) Authorize couriers and guards designated by the Director
to carry firearms when engaged in transportation of confidential
40" uments and materials affecting the national defense and security;
e) Make alterations,.a nprovements, axed r.epairs.o1L mises rented
the Agency, and pay rent therefor without regardo limitations
on expenditures contained in the Act of June 3(1,--1932, .as amended :
Provided, That in each case the Director shall certify that exception
from such limitations is necessary to the successful performance of
the Agency's functions or to the security of its activities.
SEC. 7. In the interests of the security of the foreign intelligence
activities of the United States and in order further to implement the
proviso of section 102 (d) (3) of the National Security Act of 1947
(Public Law 853, Eightieth Congress, -first session) that the Director
of Central Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure, the Agency shall
be exempted from the provisions of sections 1 and 2, chapter 795 of
the Act of August 28, 1935 (49 Stat. 956, 957; 5 U. S. C. 654), and the
provisions of any other law which require the publication or dis-
closure of the organization, functions, names, official titles, salaries, or
numbers of.personnel employed by the Agency : Provided, That in
furtherance of this section, the Director of the Bureau of the Budget
shall make no reports to the Congress in connection with the Agency
under section 607, title VI, chapter 212 of the Act of June 30, 1945,
as amended (5 U. S. C. 947 (b) ).
Src. 8. Whenever the Director, the Attorney General, and the Com-
missioner of Immigration shall determine that the entry of a particular
alien into the United States for permanent residence is in the interest
of national security or essential to the furtherance of the national
intelligence mission, such alien and his immediate family shall be
given entry into the United States for permanent residence without
regard to their inadmissibility under the immigration or any other
laws and regulations, or to the failure to comply with such laws and
regulations pertaining to admissibility : Provided, That the number
of aliens and members of their immediate families entering the United
States under the authority of this section shall in no case exceed one
hundred persons in any one fiscal year.
SEC. 9. The Director is authorized to establish and fix the compensa-
tion for not more than three positions in the professional and scientific
field, within the Agency, each such position being established to effec-
tuate those scientific intelligence functions relating to national security,
which require the services of specially qualified scientific or profes-
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[PUB. LAW 110.1 6
sional personnel : Provided, That the rates of compensation for posi.
tions established pursuant to the provisions of this section shall not
be less than $10,000 per annum nor more than $15,000 per annum, and
shall be subject to the approval of the Civil Service Commission.
APPROPRIATIONS
SEc. 10. (a) NQtwithstanding any other provisions of lww, sums
made available to the Agency by appropriation or otherwise may be
expended for purposes necessary to carry out its functions, includ-
ing- h
(1) personal services, including personal services without
regard to limitations on types of persons to be employed, and rent
at the seat of government and elsewhere; health-service program
as authorized by law (5 U. S. C. 150) ; rental of news-reporting
services; Purchase or rent a opera tio of photographic, repro-
duction, yp ograp ic, u lication and rin tina machines, ui
ment and devices, and fa io-receiving and radio-sen ing equip-
men and devices, including telegraph and teletype equipment;
purchase, maintenance, operation, repair, and hire of passenger
motor vehicles, and aircraft, and vessels of all kinds; subject to
policies established by the Director, transportation of officers and
employees of the Agency in Government-owned automotive equip-
ment between their domiciles and places of employment, where
such personnel are engaged in work which makes such transports=
tion necessary, and transportation in such equipment, to and from
school, of children of Agency personnel who have quarters for
themselves and their families at isolated stations outside the con-
tinental United States where adequate public or private trans-
portation is not available; printing and binding; purchase, main-
tenance, and cleaning of firearms, including purchase, storage,
and maintenance of ammunition; subject to policies established
by the Director, expenses of travel in connection with, and expenses
incident to attendance at meetings of professional, technical,
scientific, and other similar organizations when such attendance
would be a benefit in the conduct of the work of the Agency;
association and library dues; payment of premiums or costs of
surety bonds for officers or employees without regard to the pro-
visions of 61 Stat. 646; 6 U. S. C. 14; payment of claims pursuant
to 28 U. S. C.; acquisition of necessary land and the clearing of
such land; construction of buildings and facilities without regard
to 36 Stat. 699; 40 U. S. C. 259, 267; repair, rental, operation, and
maintenance of buildings, utilities, facilities, and appurtenances;
and
;\ (2) supplies, equipment, and personnel and contractual services
otherwise authorized by law and regulations, when approved by
the Director.
(b) The sums made available to the Agency may be expended with-
out regard to the provisions of law and regulations relating to the
expenditure of Government funds; and for objects of a confidential,
extraordinary, or emergency nature, such expenditures to be accounted
for solely on the certificate of the Director and every such certificate
shall be deemed a sufficient voucher for the amount therein certified.
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SEPARABILITY OF PROVISIONS
SEC. 11. If any provision of this Act, or the application of such
provision to any person or circumstances, is held invalid, the remainder
of this Act or the application of such provision to persons or circum-
stances other than those as to which it is held invalid, shall not be
affected thereby.
SHORT TITLE
SEC. 12. This Act may be cited as the "Central Intelligence Agency
Act of 1949".
Approved June 20, 1949.
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