APPLICATION OF COMPTROLLER GENERAL'S DECISION B-90432

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A000400130023-0
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: September 8, 2000
• Sequence Number: 23
• Publication Date: December 5, 1949
• Content Type: MEMO

'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. --
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1~pr p '-13331 M
121
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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
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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