PROPOSED C. I. G. ENABLING ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01370R000400010002-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 320
• Document Creation Date: December 14, 2016
• Document Release Date: January 28, 2003
• Sequence Number: 2
• Publication Date: December 3, 1946
• Content Type: MEMO

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"
115 'mg. Mile
,
26 November I
No Date-
10 Aaron 1947
, No Date
, 1 April 1947
. 9 April 1947
- 5 February 19148
_16 February 1948
,18 February 1948
, 23 February 1948
,1 March 1948
'
"Enabling Aar(
.?
Imnotou to Director of Central Intelligence
Pros Walter L.-Pforzheimer
Revided Corrent,&?eiWag_
_(T- / )
legislation for
Statement of 1t-0 Gen. Hoyt S. Vanderiberg, DCI
Before the Armed Services Committee of the U.S.
Senate on S. 7, The National Security kct
of 1947
(Ulb. z)
Draft No. 14. "A Bill or the Establishment of a
National Intelligenoe kuthority and a Central
intelligence Agency."
(Tab: 3 )
Draft "A Bill for the i-jstablishment of a National
Intelligence authority and a Central Intelligence
Agency."
(Tab: q- )
Excerpts from Hearings of the Senate Armed
Services Committee on the National 5t:curl:4y
Act or 1947, (3. 758, on Tuesday, April 1, 1947.
Direct contact with Army, Navy, and Air Force.
Appointment of Commissioned Officer as Director
Services to be performed, and by-whom. -
(Tat -6' )
Draft "A Bill for the Establishment of a
Central Intelligence Agency
(Tab. 6 )
Draft of Proposed CIA Legislation
(Tat 7 )
LWaft of Proposed CIA Legislation
(Tab i )(>-Aft ap.re ti 57 Pe b 1144)
Memorandum from Legislative Liaison Office
re CIA proposed Legislation.
(1X11 f )
Draft of Proposed CIA Legislation
(1Ntw lo )
Memoramhmtfor the Director of the Bureau of the
Budget
01 Subjects Justification of Legislative Provisions
for CIA
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?,1 a ri
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10 March 1948
"Enabling Act"
Letter to Bureau of the 1317d7et from President,
Civil Service ComoissLon. Commiseion views
with respect to draft bill "lb provide for the
Administration of the Central Intelligence Agency,
established pursuant to Sec. 102, National Security
Act of 1947, and for other purposes."
-(Tab )
11 IlarWI 1948 Letter to the Bureau of the Budget from the
Department of State.
Views of the State Department concerning the
draft bill providing for administration of CIA
(Tab /3 )
B-74185 Comptroller General's Decision to the
Director, Bureau of the Budget. GO comments on
proposed bill "A Bill to provide for the
administration or the Central Intelligence Agency,
established pursuant to Section 102, National
Security Act of 1947, and for other purposes."
(Tab: /4,4 )
13 March 1948 s. 230 80th Congress 2nd Session
To provide for the adetnietration of the Central
Intelligence Agency established pursuant to
Section 102, National Security Act of 1947, and
for other purposes.
(71113 )
, 17 March 1948 Letter to Bureau of the Budget from Department
of Justice.
Views of the Justice Department concerning the
draft bill providing for administration of CIA
(Dtb. 14 )
- 26 March 1945'
12 March 1948
Explanation of the ?revisions of i.R. 871
(iab. '7)
_29 March 1948 Draft of Justification of Legislative Provisions
for CIA
(Tab' a )
Provieiono of Section 8 (e) of proposed CIA
legislation, justification, and examples.
(Tab. pf )
Letter to Director, CSA from Bureau of the Budget.
No objection to CIA presenting, for the consideration
of Congress revised draft "TO provide for the
Administration of the Central Intelligence
Agency, established pursuant to Section 102,
National Security Act of 1947, and for otlier
purposes.
(Tab zip)
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, Ho Date
_ 6 April 1948
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STANRD FORM NO.64 rInJi...L. I--
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* Office Mem andum ? UNITED S IA. ES GOVERNMENT
TO
FROM :
SUBJECT:
Mr. Edward Saunders, Chief, Finance Branch DATE:
Pforzheimer
Proposed C.I.G. Enabling Act
3 December 1946
1. Attached herewith is a copy of the proposed C.I.U. Enabling Act
as was forwarded to the White House.
IA r .
Chief, Le6islativdtlaison Btanch
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26 November 1946
MEMORANIUM TO THE DIRECTOR-OF CENTRAL INTELLIGENar
Subject: Proposed C.I.G. Legislation
1. Attached herewith is a revised current draft of proposed
legislation for C.I.O.
2. Section 5 of this proposed legislation has been omitted*
pending the drafting of a "Control of InfOrmstionw Section to
supplement the present Espionage Lows.
3. Also attached is a comment on the suggestions of Mr. Clark
M. Clifford on the proposed draft submitted to the White House in
July*1946, together with a copy of his comments.
WALTER L. PFORZHEIM
Chief* Legislative Liaison Branch
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FOR THE ESTABLISHUM OF .A NATIONALINTETITGENCE AUTHORIrf AND
A CENTRAL INTELLSENCE AGENCY
Be it enacted*? the Senate and i.e
of America in Congress assembled,
DECLARATIOWOF POLICY
Sec (a) Findings and Declarations
In enacting this legittistion, it is the intent of Congress to
provide a comprehensive and continuous immgrstm !Mich will effectivelt accomp?
lish the national intelligence mission of the United States by eepplying the
President of the United States, the ,Secretaries of State, ler, and the Na
and such other governmental officials *s shall be appropriate, with breign
intelligence of the highest possible calibre. To accomplish this mission,
a central intelligence agency is required br the United States. This agency
shall insure the production of the foreign ifttelligence necessary to enable
the appropriate officials of the Government to be informed fulay in their,4emlings
with other nations and to enable these officials to formulate national
policies and plans which this Government is to pursue in order to avert
future armed conflicts and assure the common defense and security of the
United States. The accomplishment of this service is the national intelligence
mission of the United States.
Experience preceding, during, and following two World War3 has
proven that the uncoordinated decentralization of the collection, research,
and dissemination of foreign intelligence information among many departments
and agencies of the Government is unsatisfactory. In an attempt to remedy this
situation in times of national crises, emergency means have repeatedly been
adopted. These experiences have shown the need for a permanent, centralized)
intelligence agency so that all the foreign intelligence sources and facilities
of the Government may be utilized to the fullest extent in the production of
foreign intelligence, and so that their greatest potentialities may be
realized most efficiently and economically, with a resultant elimination of
unproductive duplication and unnecessary overlapping of functions in the
accomplishment of the national intelligence mission of the United States.
entatives of the U 'ttates
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Alcordingly, it is hereby deelareco be the policy of the people
of the United States that in order to strengthen tha hand or the GovermwsWt
in formulating national policies and conducting relations with other* ions,
and subject at all times to the paramount obctive of assuring the common
defense and security, the foreign intelligence'ittivities functions, and
services of the Government be fully coordinated, and, when determined in
-?
accordance with the provisions of this Act, be operated centrally for the
accomplishment of the national intelligence mission o the United Stites.
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Purpose of Act.
, It is the purpose of this Act
1 (a) by providing for the
following major programs relating to intelligence,:
(1) A program for the centralised Operation of such foreiL:n intelligence
activities of the Federal Governmen the, National Intelligence Authority
determines can, so be performed aost effeot&V, efficiently, and economic
St
(2) A program for the planning and development of all foreign intelligenei
activities of the Federal Oevernment,and including the coordination of' those
activities of the departments and agencies of the Government designed for the
production of'foreign intelligence.
(3) A program for the collection of foreign intelli ence information
br
and all means deemed effective.
(4) A Program of evaluation, correlation, and interpretation of the foreign
intelligence information collected, in order to produce intelligence for the
President and the appropriate departments andagencies of the Federal Government.
(5) A program for disseMination to the Preeident and the appropriate depart?
ments and agencies Of the Federal Government of the intelligence produced.
(6) A program for the fUll administration and implementation of the aJove.
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Sec. 2. As used in this Act:
(1)
rzynan
The term forei4n intelligence" shall be construed mean the prodnct
of the timely evaluation, corre
information.
(2) The term "foreign intelligence information" shall
data pertaining to foreign governments or areas, w
interpretation of foreign
policy or the national defense and security of
construed to mean all
*Ilnited States*
(3) The term "research" shall be construed to mean a process evaluation
(selection), correlation (synthesis), and interpretatinu (analysis) or
intelligence information for the PrOdUqtion of iUeelligence.
(4) The term "evaluation" shall be construed
an a process t systematic
and critical examinatjo of intelligence information for
determining its usefulness, credibility) and accuracy..
(5) The term "correlation" shall be construed to Bakt a process of synthesis
of intelligence information with all available related material.
(6) The term "interpretation" shall be construed to mear6i process
e of
of
determining the probable significance of evaluated intelligence information.
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Sec. 3 (a) National Intelligence Authori
Cil There is hereby established a National :Intelligence Authority (hereinafter
Called the Authority) of five menhir*. The
of War and the Secretary of the,
President shall designate' a fourth m
tary o
ate the Secret
I be members of the Authority.
r of the Authority to serve as his
personal representative there? The Secretary of State, the Siteretary of War,
the secretary of the Navy, and the personal representative of the President
shall constitute the sole voting members of the Authority.
The Director of
Central Intelligence hereinafter provided for, shall sit as the fifth member
of the Authority, as a non-voting member thereof. The Secretary of State shall
serve as Chairman of the Authority.
(2) The members of the Authority shall hold their positions thereon by virtue
of their respective offices. The members ? of the Authority shall s erve without
compensation for this service and shall perform this service in addition
such other activities, :public or private, as they may engage in.
(3) In the absence of the Secretaries of State, War, or the Navy, the
appropriate Acting Secretary shall sit as a member of the Authority. If the
personal representative of the President is absent, the Secretaries (or
Acting Secretaries) of State War, and the Navy shall constitute a quorum of
the Authority.
(4) The Authority shall hold such meetings, conduct filnch hearings, and receive
such reports as may be necessary to enable it to carry out the provisions of
this Act. The Authority Shall meet at least once each month.
(5) The Authority shall be served by a Secretariat, consisting of a Secretary
and each other technical, administrative, and clerical ,assistence as the
Authority shall deem necessary. The Central Intelligence Agency, hereinafter
sh^ee
provided for, .14,1# be responsible for furnishing the Secretariat-withpersosnel4
The Secretariat of the Authority shall also serve as the, Secretariat of the
Intelligence Advisory Board, hereinafter provided for, performing the same
duties for this Board as for the Authority..
(6) The Authority shall determine policies and objectives for and supervise
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and. direot, the Central IntelligepwAgency? hereinafter provided for, in the'
planning; dfleloment, and coordination of t foreign intelligence activitift
of the tmilihts and agencies of the Uoverniint, as well as in thsconduct
of those foreign intelligence operations performed tentralIY, in'manner
as to assure the mos'!, effective accomplishment of the national intelligence
(7) The Authority shall have the rtght to transfer responsibilittes and
authorities in the field of foreign intelligence between departments and
agencies of the Government.
(8) Policies approved by the Authority in relation to the foreign intelligence
activities of the United States, insofar as they affect the national &dense
and security, shall govern the intelligence activities of the various
departments and agencies of the Government,
(9) If the decisions of the Authority on tatters set forth in Sec. 3 (a) (6)
and (7) of this Act are not unanimous, the Authority shall refer the matter
to the President, whose decision shall he final.
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(1) There is hereby established
called the Agency4 with a Director of Cent
head theme, to be appointed from civilian
by and With the advice and consent
the fresident. The Dtrector shell receiv
nce Agana, (
'nonce 1604000; be the
or military itt.bylthe President,
tett to Bertiti*i the pleasure of
compensation at the rate of t17
per 111332014
(2) There, Shall be a
appointed frpm civilian or
and consent of the Senate
Depety Director Shall sleet
The. Deputy Director shall
f the Central Intellig
litary life by the President, by and with the ed04
serve at the Pleasure of the Tresident. The
compensation at thereto, of $15 000.per anemic
thoribed to sign seeh letters, papers,
Aecuients and to form such ether duties as merle directed by the Dire:Mot
f" Central intelligence, and to act as Director in the absence of that of
or in the case of avvecaecy in the office-,
(3) The reactions of the Agency, as outlined in
performed* the appropriate offices of the Agency. Each office shall be
the direction of on Assistant Director, who shell be appointed by the
Director of Centre). Intelligence, and shall receive compensation at the rate
of 14,000 per annum. The Assistant Directors shall be not less than foe, (14)
and not te-exceed aim (6) in number
(4) Any officer of the Department of state, or
United States, and any commissioned officer of the Usi
Act, shall boo
? Service of the
S Am, the
United States Navy, er the United Stites Ar ny Air ?Woes, maybe assigned te.
or detailed for dm* with the Agency; and such servioolohail in no way affect
apy status, office, rank, or grade he mar occupy or heidLin the Department of
State, the Foreign Service of the United states, the United States Army', the
United Otates Wavy, or the United ?States ArM7 Air farces, or sul7 *2012AWit,
perquisites right, privilege, or benefit incident to or arising out of any
such status office, rank, or grade, netwithetending the provisions of Title
10 U. S. Cods, Sec, 576 and Public Law 724, 79th Compose, approved August 13,
1946, and entitled "An Act to Lamm!, strengthen, and expend the Foreign
Service of the United States and to ctemodittete and revise the laws relating
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to its administration, or
4Any such officer of tI epartaent of Sta
6, or counassioned officer on the active list shall receive, while se
In a politicos established in Sec. t this Ant, the State Jepartments
the foreign service, or. the PO, and a1l?*24?e3 payable to sn officer
grade and length of service, and shall be paid, from any funds
defray the expenses of the A.6ency, annual compensation at a retie equal to the
difference between the salorY set forth for such pesition, tn Sc. 3 (b) of
this Act and the amount of such State De
pay and allowances.
5vice or military
(5) Notwithstanding section 2 of the Act of July 31, 1894 (28 Stat. 205),
as emended (5 u.S.C. 62) or section 6 of the Act of MO, 10, 1916 (19 Ste.'
as amended (5 U.S.C4t 58, 59). the Director of Central Intelligence wAY
to, and employ in, any civilian offile or position in the Agency, and pay, any
retired commissioned officer, or retirediterrent officer, at the Army Vary,.
Marine Corps, Coast Guard, Coast and deodetto Survey, and Public Health Strittoo?
The retired status, office, rank, and grade of retired comeissioned officers,
or retired warrant officer*, so ePPointed or emplqyed and, except es prodded,
in section 212 of the Act of June 30, 1932 (47 Stat. 406) as amended (5 U $44
59a), any emolument, perquisite richt, pr1vi1ee,or benefit incident to or
arising out of any such status office, rank, or grade Shell be in no war
affected by reason of such appoinhaent to or employeent in, or by reason of
service in, or acceptance or holdingof? any cLvilt*n offic. or position in
the Agency or the, receipt of the pay the
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Section 3. (c Inger*. Advisory Board,
(1) The :11.rector of pentrea---17:nte1ligence
Advisory Boards (hereinafter called the
be adis4amd by an Intelligence
consisting of the heads (or
their representatives) of those civiw and military intelligen* encies of
Government having fume:lona related to the national defensoli'lind securittir,
determined, from time to time0y the National Intelligence AuthoriV?
(2) Unbars of the Board shall terve without compensation for tSii service
and shall perform this serVice in aldition to such other activities, ptbUC
or privatei as they may engage in.
(3) The Intelligence Advisbry Board shall be served by a Secretariat, as
provided for in Section 3 (a) (5) of this Act.
(4); ..At recommendation of thie,Agency whieh le approved unanimously by the
Director of *Central Intl/4gence and the Boards and which they have the
existing authority to execute may be put into affect without act* by the
Authority.
(5) Any recommendation of the Agency which does not receive such unanimous
concurrence shall be submitted to the Authority for decision, together yi
the dissenting opinions.
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Sec. 4. Functions of the Central InteIl
(a) In order to assure the most effective ac plishment of the national
intelligence mission of the United States, the Agency shall
vision and direction of the Authorit74
(1) Develop and recommend to the Authority shment of over-ell
plans, requirements, objectives, and ProCadares to assure the most effecti
accomplishment of the national intelligence mission and te.
provisions of this Act;
(2) Coordinate such of the foreign intelligenoe activities of the depar
,
and agencies of the Government as relate to the national defense and security;
(3) Collect foreign intelligence information originating outside
limit of the United States. try any and all means deemed effective;
(4)
Give timely evaluation correlation, and interOretation to foreigiU lligence
information;
(5) Disseminate national intelligence to the President and approp#iate depart..
merits and agencies of the Government;
(6) Operate such foreign intelligence services as the Authority determines cite
best be performed, or be more efficiently or economically accomplished, cOntrally;
(7) Administer the personnel and logistical needs of the Agency, including the
procurement, training, and supervision of the Agency's personnel, its budgetary
requirements and disbursement of funds, and the provision of administrative and
logistical support for the foreign activities of the Agency;
(8) Be responsible for telly protecting Sources and methods used in the collection
of foreign intelligence information received by the Agency;
(9) Provide for the internal security of the Agency, including the complete
security of its policies plans, regairsments objectives procedures operations,
and personnel;
(10) Formulate and promulgate integrated security policies and procedures
pertaining to the safeguarding of classified information and matter of the various
departments and agencies of the Government in the interest of the national
defense and security; and
(11) Perform such other functions and duties relating to foreign intelligence
as the Pre0
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bilit7 and ty of t$ dSPSSflt$ *M age uS
t and dtniI
mental into to the xt?nt the
Authority may relieve them of such rest bi]itr and mathority
the provisions of Sec* 3 (a) (8) Of this Act.
(0) As required in the Oirrritilf provisions of this Act, th?will
be made immediately available on a t4noing basis to the Ag ntelligence,
r.^141
infOrmation, and faciIttissAtn the posamien of the various deportment: and
agencies of the Government*
(ci) To the extent recommended b7 the National Intelligence Authorit sad
-APPrroadAr=tagr-fresZleft.the intelligence o of the departments 4Mmi
agencies of the Garernment -shall be Open to inepeetion 4 the Agency in
connection with its planning fdnetions*
(a) The Agency shall boom police, or l enforcement powers or
Auctiona, nor shall it have any function!: concernieg the internal securiti
of the United States except as spaCLticslly utthorilred ter &we. Is (*) (8) (9)'
and (10) of.thia Act
truant to
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Section tax& ferfereance
is authori'
(1) Procure necessary serviees,
provisions of Section
certification by the Direeters
that such action is necessary interest
seourity or upon a showing that 440Ortising is not
partial and advance moot* ow be made
(2) Fey quarters and cost of living
differential to emp1eyees ha
ta of the United Rtet461
(3) Transfer to and metre fromrotber departments or agencies
sue% sums as may be sethearised by
Pas !swat or reiebnreeeent of appropria
functions or ac
on
enthorized in this Set, and WI other departflt or
agency of the Goverweet is authorized to transfer to or recei
mar such suss eithOut regard to any provisions Of le* conceing
between Opprovriatisna? tr
paragraph oey he expended for the purposes and
Act without regard to limitations of other *I)
(b) Order to the continental United States on
employee o
and pay
a to the Ltsncy in accordance'
the ity, of this
lsaie of absence any officer
ion of two ontinuous seVicS
trowel expenses ineident thereto ofemploye.* &i! their dependents
the ted States turn. Sixth leave will
and toil]. be exclusive of time actually' and
to their place of residence in
net exceed sixty (60) 'calendar day
neeeseari4" *Pent in travel and waiting t
(5) Itsinburse other governeeat departments and sonic es for services of personnel
assigned to the Agency, and other departments and agencies are hereby authorised
ins to assign or detail any officer or employee for diaty with the Agency/
(6) xchange fund' 'without regard to SOption 3653. Revised Statutes (31 11
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to oar* firearai
terials affec
defense
(8) Establish advisory
Agency on administrations
other matters;
(9) Mahe such studiesar
hearings as the Agency
any authority providmd ir
this Acts or any
(10) Notwithe
(37 Stat. 5554 or the pi
Intelligence maysin his
e,
with and make . t one
ationss 1:011ei
'estign U one,mhtatn such infona
tee neCeaeaz7 o opsr to assist
earch
to the
and
old
retying
? Act, in the administration or enforcement
or d.rjtLvas issued thereunder; and
one Of Section 6 of the Act of Avast 1
ians of any the rireetoref Central
olute di
officer or employee of the Agency Whomever he aha
necessary or advisahle,in the intereiAm of the
ternination shall not affect the right of such of
accept employment in
declared eligible for such emplayent07
Gonssission?
tsite the employment of any
1 desainch termination
Woes but gook
employee to seek or
the Government if
ites Civil Service
t'cir edencli
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itootion
Thor* are her** an
PPrePrie
(b) Vied* the linits of such
employ persons and means and
elsewhere, for persons./ services, rent, trav.l expanses, preparation and
tronsportation of the remains of officers arid omployeon who die
transit, -Ails in dispatch of their official (*attest to their
this country or to is plow/ not more distant for interment, and for
ovens** of such interment; rental of nemninporting services;
subscription to lea books, books of reference, periodicals news
and trade reports; probs.,* or rental and operation of photcsraihic, reprod
orytographic, duplication and printing machines, equipment and devicf, and
radio-receiving and radio-sending eqUipment and devices including inlettrePh and
teletype equipment; parObese maintenance, operation, repair and hire of motor.
propelled or horse-drown passenger-carrying vehicles and other vohicles airoraft,
and vessels o all kinds; Orin
*leaning of firearms',
(c) The Acts appropriating such sue*ma appropriate spscified portions
*ebb* may be expended. A) without regard to the 1sione of law and regulations
relating to the expendtturs of Government nt of parsons
Government service; (8) for *Waste of a ?fidential nature, such expenditures
to be accounted for solely on the certificate and Amery sueh
certificate shall be darind a sufficient voucher for the owit therein
certified.
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OF 1110VISION5
Zction U. If anr prevision of this ct,
to ow person or circumstantaa, is hell lu
the application of such provision to perso
as to which it is held invalid, shall not
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(756)
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41,
FOR RELEASE ON DELIVERY'
Statement of
LIEUTENANT GENERAL HOYT S, VANDENBERG
Director of Central Intelligence
Before The
Armed Services Committee
of the
United States Senate
On S. 758,
"The National Security Act of 1947".
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FOR RELEASE ON DELIVERY
40 010 0
1 ,A01111"
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Mr. Chairman and members of the Committee:.
My appearance before your Committee this morning is in support
of Section 202 of the pr,pposed National Security Act of 1947. This
section of the bill would provide the United States, for the first
time in its history, with a Central Intelligence service created by
Act of Congress. Our present organization, the Central Intelligence
Group -- which I have the privilege of directing -- has been in exis-
tence since January 1946, by authority of an Executive Directive of
the President.
Since the day that the Central Intelligence Group was established,
the Directors of Central Intelligence -- my predecessor, Admiral Souers,
and I -- have looked forward to the time when we ,could come before the ,
Congress and request permanent status through legislative enactment.
I sincerely urge adoption of the intelligence provisions of this
bill. Section 202 will enable us to do our share. in maintaining the
_national security. It will form a firm basis on which we can construct
the finest intelligence service in the world.
In my opinion, a strong intelligence system is equally if not
more essential in peace than in war. Upon us has fallen leadership
in world affairs. The oceans have shrunk, until today both Europe
and Asia'border the United States almost as do Canada and Mexico.
The. interests, intentions and capabilities'of the various nations on
these land masses must be fully known to our national policy makers.
We must have this intelligence if we are to be forewarned against
possible acts of aggression, and if we are to be armed against
disaster in an era of atomic warfare.
I know you gentlemen understand that the nature of some of the
work we are doing makes it undesirable -- from the security standpoint --
to discuss certain activities with too much freedom. I feel that the
people of this country, having experienced the disaster of Pearl Harbor
and the appalling consequences of a global war, are now sufficiently
informed in their approach to intelligence to understand that an orga-
nization such as ours -- or the Intelligence Divisions of the Armed
Services, or the F.B.I. -- cannot expose certain of their activities
to public gaze. I therefore ask your indulgence -- and through you
the indulgence of the people -- to limit my remarks on the record
this morning to a general approach to the subject of a Central
Intelligence Agency.
I think it can be said without successful challenge that before
Pearl Harbor we did not have an intelligence service in this country
comparable, to that of Great Britain, or France, or Russia, or Germany,
or Japan. We did not have one because the people of the United States-
would not accept it. It was felt that there was something Un-American
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about espionage and even about intelligence generally. There was a
feeling that all that was necessary to win a war -- if there ever were
to be another war -- was an ability to shoot straight. One of the
great pre-war fallacies was the common misconception that, if the
Japanese should challenge us in the Pacific, our armed services would
be able to handle the problem in a matter of a few months at most.
All intelligence is not sinister, nor is it an invidious type
of work. But before the Second World War, our intelligence services
had left largely untapped the great open sources of information upon
which roughly 80 per cent of intelligence should normally be based.
I mean such things as books, magazines, technical and scientific
surveys, photographs, commercial analyses, newspapers and radio broad-
casts, and general information from people with a knowledge of affairs
abroad. What weakened our position further was that those of our
intelligence services which did dabble in any of these sources failed
to coordinate their results with each other.
The Joint Congressional Committee.to Investigate the Pearl Harbor
Attack reached many pertinent conclusions regarding the short-comings
of our intelligence system and made some very sound recommendations
for its improvement. We are incorporating many of these into our
present thinking. The Committee shamed that some very significant
information had not been correctly evaluated. It -found that some of
the evaluated information was not passed on to the field commanders.
But, over and above these failures were othdrs, perhaps more serious,
which went to the very structure of our intelligence organizations.
I am talking now of the failure to exploit obvious sources; the failure
to coordinate the collection and dissemination of intelligence; the
failure to centralize intelligence functions of common concern to
more than one department of the Government, which could more efficiently
be performed centrally.
In the testimony which has preceded mine in support of this bill
by the Secretaries of War and the Navy, General Eisenhower, Admiral
Nimitz, and General Spaatz, among others -- there has been shown an
awareness of the need for coordination between the State Department
and our foreign political policies on one hand and our National
Defense Establishment and its policies on the other. Similarly with
intelligence, there must be coordination and some centralization, so
that no future Congressional Committee can possibly ask the question
asked by the Pearl Harbor Committee: "Why, with some of the finest
intelligence available in our history -- why was it possible for a
Pearl Harbor to occur?"
The Committee recommended that intelligence work have centraliza-
tion of authority and clear-cut allocation of responsibility. It found
spedific fault with the system of dissemination then in use -- or, more
accurately, the lack of dissemination of intelligence to those who had
vital need of it. It stated that "the security of the nation can be
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insured only through continuity of service and centralization of
responsibility in those charged with handling intelligence." It
found that there is no substitute for imagination and resourceful-
ness on the part of intelligence personnel, and that part ofsthe
failure in this respect was "the failure to accord to intelligence
work the important and significant role which it deserves." The
Committee declared that "efficient intelligence services are just
as essential in time of peace as in
All of these findings and recommendations have my hearty concur-
rence. In the Central Intelligence Group, and in its successor which
this bill creates, must be found the answer to the prevention of
another Pearl Harbor.
As the United States found itself suddenly projected into a global
war, immense gaps in our knowledge became readily apparent. The word
"intelligence" quickly took on a fashionable connotation. Each new
war-time agency -- as well as many of the older departments -- soon
blossomed out with intelligence staffs of their own, each producing a
mass of largely uncoordinated information. The resultant competition
for funds and specialized personnel was a monumental example of waste.
The War and Navy Departments developed full political and economic
intelligence staffs, as did the Research and Analysis Division of the
0.S.S.. The Board of Economic Warfare and its successor, the Foreign
Economic Administration, also delved deeply into fields of economic
intelligence. Not content with staffs in Washington, they established
subsidiary staffs in London and then followed these up with other -
units on the continent.
When, during the mar, for example, officials requested a report
on the steel industry in Japan or the economic conditions in the
Netherlands East Indies, they had the reports of the Board of Economic
Warfare, G-2, 0.N,I. and the O.S.S. from which to choose, Because
these agencies had competed to secure the best personnel, it was nec-
essary for each of them to back up its experts by asserting that its
particular reports were the best available, and that the others might
well be disregarded.
As General Marshall stated in testifying on the unification
bill before the Senate Military Affairs Committee last year, "...Prior
to entering the war, we had little more than what a military attache
could learn at a dinner, more or less over the coffee cups." From
this start, we suddenly had intelligence springing up everywhere.
But nowhere was its collection, production or dissemination fully
coordinated -- not even in the armed forces. General Marshall pointed
this out in his testimony when he mentioned "the difficulty we had in
even developing a Joint Intelligence Committee, That would seem to
be a very simple thing to do, but it was not at all."
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-There are great masses of information available o us in peace
as in war. With our war-time experience behind us, we know now where
to look for material, as well as for what to look. The transition
from war to peace does not change the necessity for coordination of
the collection, production and dissemination of the increasingly vast
quantities of foreign intelligence information that are becoming
available. This coordination the Central Intelligence Agency will supply.
President Roosevelt established the Office of Strategic Services
for the purpose of gathering together men of exceptional background and
ability who could operate in the field of national, rather than depart-
mental, intelligence. In weighing the merits of the 0.S.S., one should
remember that it came late into the field. It was a stop-gap. Over-
night, it was given a function to perform that the British, for instance,
had been developing since the days of Queen Elizabeth. When one con-
siders these facts, the work of the O.S.S. was quite remarkable and its
known failures must be weighed against its successes. Moreover, it
marked a crucial turning point in the development of United States
intelligence. We are now attempting to profit by their experiences
and mistakes.
Having attained its present international position of importance
and power in an unstable world, the United States should not, in my
opinion, find itself again confronted with the necessity of developing
its plans and policies on the basis of intelligence collected, compiled,
and interpreted by some foreign government. It is common knowledge that
we found ourselves in just that position at the beginning of,World War
Two. For months we had to rely blindly and trustingly on the superior
intelligence system of the'British. Our successes prove that this trust
was generally well placed, However, in matters so vital to a nation
having the responsibilities of a world power, the United States should
never again have to go hat in hand, begging any foreign government for
the eyes -- the foreign intelligence -- with which to see. We should
be self sufficient. The interests of others may not be our interests.
The need for our own coordinated intelligence program has been
recognized in most quarters. The Pearl Harbor disaster dramatized that
need and stop-gap measures were adopted. As the war drew to a close,
the President directed the Joint Chiefs of Staff to study the problem
and draft recommendations for the future. The solution offered by the
Joint Chiefs of Staff was referred to the Secretaries of State, War,
and the Navy. The programwhich they evolved resulted in an Executive
Directive from President Truman, dated 22 January 1946. With your
permission, Mr. Chairman, I would like to introduce that Executive
Directive into the record at this point.
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This Executive Directive established the National Intelligence
Authority. It consists of four voting members -- the Secretaries of
State, Mar and the Navy, and the President's personal representative,
at this time his Chief of Staff, Fleet Admiral Leahy. A fifth member --
without a vote -- is the Director of Central Intelligence. The
National Intelligence Authority was directed to plan, develop and
coordinate all federal foreign intelligence activities, so as "to
assure the most effective accomplishment of the intelligence mission
related to the national; security." These functions of the National
Intelligence Authority are transferred to the National Security
Council under Section 202 (c)(1) of the bill.
The President's Directive also provided for a Central Intelligence
Group as the operating agency of the National Intelligence Authority.
The functions, personnel, property and records of the Group are trans-
ferred to the new Central Intelligence Agency by Section 202 (c)(2) of
the bill.
The Director of Central Intelligence is presently charged with
the following basic functions:
1. The collection of foreign intelligence information of certain,
types -- without interfering with or duplicating the normal collection
activities of the military and naval intelligence services, or the
Foreign Service of the State Department.
2. The evaluation, correlation and interpretation of the foreign
information collected, in order to produce the strategic and national
policy intelligence required by the President and other appropriate
officials of the Government.
3. The dissemination of the national intelligence produced.
L. The performance of such services of common concern to the
various intelligence agencies of the Government as can be more effi-
ciently accomplished centrally.
5. Planning for the coordination of the intelligence activities
Of the Government so as to'secure the most effective accomplishment
of the national intelligence objectives.
As we progress and determine the primary responsibilities of the
various intelligence agencies within the Government, the functions of
the C.I.G. will be aggressively,-economically and efficiently executed
to the best interests of all agencies. We feel confident that if
Section 202of this bill is enacted into law, the results will be
efficiency and economy.
--
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Contrary to some criticism which has appeared in the public press,
the full operation of a Central Intelligence Agency will not interfere
with the legitimate activities of the several departments and their
agencies, nor will it duplicate their work. I can say that the sev-
eral coordinated plans and programs already in effect or in prepara-
tion have the support of the agencies. They see in these programs
prospects for orderly operations and elimination of wasteful duplica-
tions. When every intelligence agency knows exactly what is expected
of it in relation to its departmental mission and to the national
intelligence mission, and when it can count, as the result of firm
agreement, ,on being supplied with what it needs from other fields,
each agency can concentrate on its own primary field and do that
superior job which world conditions require.
By the assignment of primary fields of intelligence responsibi-
lities, we are -- in the fields of collection, production and dissemi-
nation -- preventing overlapping functions -- that is, eliminating
duplicate role S and missions, and eliminating duplicate services in
carrying out theae functions.
In order to perform his prescribed functions, the Director of
Central Intelligence must keep in close and intimate contact with the
departmental intelligence agencies of the Government. To provide
formal machinery for this purpose, the President's Directive estab-
lished an Intelligence Advisory Board to advise the Director. The
permanent members of this Board are the Directors of Intelligence of
the State, War and Navy Departments and the Air Force. Provision is
made, moreover, to invite the heads of other intelligence agencies to
sit as members of the Advisory Board on all matters which would affect
their agencies. In this manner, the Board serves to furnish the
Director with the benefits of the knowledge, advice, experience,
viewpoints and over-all requirements of the departments and their
intelligence agencies.
One final thought in connection with the President's Directive.
It includes an express provision that no police, law enforCement or
internal security functions shall be exercised. These provisions are
important, for they draw the lines very sharply between the C.I.G.
and the F.B.I.. In addition, the prohibition against police powers
or internal security functions will assure that the Central Intelli-
gence Group can never become a Gestapo or security police.
Among the components of anysuccessful intelligence organization
are three which I wish to discuss -- collection, production, and dis-
semination. Collection in the field of foreign intelligence consists
of securing all possible data pertaining to foreign governments or
the national defense and security of the United States,
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I feel it is safe to say that in peace time approximately 80 per
cent of the foreign intelligence information necessary to successful
operation can and should be collected by overt means. By overt means
I mean those obvious, open methods which require, basically, a thorough
sifting and analysis of the masses of readily available material of all
types and descriptions. Into the United States there is funnelled so
vast an amount of information from so many varied sources that it is
virtually staggering. It encompasses every field of endeavor -- mili-
tary, political, economic, commercial, financial, agricultural, mineral,
labor, scientific, technical, among others -- an endless and inexhaus-
tible supply.
There exists a misconception in the minds of some people regarding
the task intelligence is to perform in time of peace, as contrasted
with its task in time of war. This misconception is that in wartime
intelligence is more important and more difficult than in time of peace.
This is a fallacy. In the midst of a war, our armed forces, with their
intelligence .services, gather vast amounts of strategic and tactical
information. This may be secured through the underground, or resistance
movements, reconnaisance, prisoner-of-war interrogation, and aerial
photographs taken in spite of enemy resistance -- to mention a few.
But these sources are drastically reduced as our forces return home.
Such information, which can be collected during actual combat, is
largely denied us in peace-time. In times of peace, we must rely on
the painstaking study of that available overt material I mentioned a
minute ago, in order to replace the material readily available during
combat.
If we fail to take advantage of these vast masses of material, we
are deliberately exposing the American people to the consequences of a
policy dictated by a lack of information, We must realize also that we
are competing with other nations who have been building up their intelli-
gence systems for centuries to keep their leaders informed of interna-
tional intentions -- to inform them long before intentions have mater-
ialized into action.
Among the primary collecting agencies in the field of foreign in-
telligence are the military, air and naval attaches of the defense es-
tablishment, and the Foreign Service officers of the State Department,
The Central Intelligence Group can not and will not supplant these people.
They do most valuable work in the field of collection. As national aims
and needs in this field are established, their value will be increasingly
apparent. This will be particularly true as the boundaries of depart-
mental collection become firmly defined, and wasteful duplication and
overlap are eliminated or reduced.
As I stated, it is not the province of the Central Intelligence
Group to take over departmental collection activities. This is the
type of collection which can best be done by the experts of the depart-
ments in their various fields.
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The role of the Central Intelligence Group is to coordinate this
collection of foreign intelligeneeinformation and to avoid wasteful.
duplication. ' The State Department should collect political and socio-
logical intelligence in its basic field. The Navy Department should
devote its efforts primarily to the collection of naval intelligence.
There should be no reason, for, example, for the military attache to
furnish the War Department with detailed political and political -.
economic analyses. This Material should be collected by the State
Department. If a military attache should receive political informa-
tion, he should hand it right across the desk in the embassy to the
appropriate member Of the Foreign 'Service) and vice versa.
We are engaged in making Continual surveys of all Government
agencies to ascertain their requirements in foreign intelligence.
When two or more agencies have similar or identical requirements, the
collection effort for one. can be made to satiSfy all others. .The only
additional action necessary is the additional dissemination.
In determining, apportioning and allocating the primary field of
responsibility among the various agencies of the Government, it is use-
ful to note one additional factor. After this mass of material has been
studied and evaluated, certain gaps in the over-all picture will be
readily apparent. ? A centralized intelligence agency, intent on complet-
ing the national intelligence picture, must have the power to send out
collection directives and request further material to fill these gaps,
Once the initial field of collection is delineated, the responsibility
for securing the additional information-can be properly channeled and
apportioned. Central intelligence, however, needs the authority granted
originally by the Fresidents Directive, and now by this proposed legis-
lation,.to coordinate all this foreign intelligence collection.
The second major component of a successful Central Intelligence
Agency is that coming under the broad general heading of production.
This involves the evaluation, correlation and interpretation of the
foreign intelligence information gathered for the production of intel-
ligence. It involves the process of systematic and critical examina-
tion of intelligence information for the purpose of determining it
usefulness, credibility and accuracy. It involves the process of
synthesis of the particular intelligence information with all available
related material. It involves the process of determining the probable
significance of evaluated intelligence.
Information gathered in the field is sent to the department respon-
sible for its collection. This material is necessary to that department,
in the course of its day-to-day operations. Each department must have
personnel available to digest this information and put it to such use
as is necessary within that department. The head S of Government depart-
ments and agencies must be constantly informed of the situation within
their own fields to discharge their obligations to this country-. With
this departmental necessity, Central Intelligence will not interfere.
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Each departmen .ust evaluate and correlate and interpret that intelli-
gence information which is within its own exclusive competence and which
is needed for its own departmental use.
The importance ofresearch to the Central Intelligence Agency becomes
evident when we start to deal with intelligence on a national as distin-
guished from a departmental level. The research provided by the central
agency must be turned to the production of estimates in the field of na-
tional intelligence'. National intelligence is that composite intelligence,
interdepartmental in character, which is required b3i the President and
other high officials and staffs to assist them in determining policies
with respect to national planting and security in peace and in war, and
for the advancement of broad national policy. National intelligence is
in that broad political - economic - military area, of concern to more
than one agency. It must be objective, and it must transcend the exclu-
sive competence of any one department.
One of the greatest contributions which a Central Intelligence Agency
makes is the preparation of national intelligence estimates. Previously,
if the President desired an over-all estimate of a given situation, he had
to call, for example, upon the War Department, which would furnish him with
the military and air picture; the Navy Department, which would present an
estimate of the naval potentialities and capabilities; and on the State
Department, which would cover the political and sociological picture. .But
nowhere would there be an over-all estimate. Nowhere was there such an
estimate before Pearl Harbor. Each department would, of necessity, pre-
sent an estimate slanted to its own particular field. Now it falls to
the Central Intelligence Agency to present this over-all picture in a
balanced, national intelligence estimate, including all pertinent data.
From this the President and appropriate officials can draw a well-rounded
picture on which to base their policies. And it should be clearly borne
in mind that the Central Intelligence Agency does not make policy.
The estimates furnished in the form of strategic and national
policy intelligence by the Central Intelligence Group fill a most
serious gap in our present intelligence structure. These estimates
should represent the most comprehensive, complete and precise national
intelligence available to the Government. Without a'central research
staff producing this material, an intelligence system would merely
resemble a costly group of factories, each manufacturing component
parts, without a central assembly line for the finished product.
The third component of the successful Central Intelligence Agency is
that dealing with dissemination. Just as there is no purpose-in collect-
ing intelligence information unless it is subsequently analyzed and worked
into a final product, so there is no sense in developing a final product
if it is not disseminated to those who have need of it. The dissemination
of intelligence is mandatory to those officials of the Government who need
it to make their decisions.
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A Centralliltelligence Agency, properly cog ant of the intelligence
requirements of the various departments and agencies, is best equipped to
handle the dissemination to all departments of the material to meet these
requirements.
The complexities of intelligence, the immensities of information.
available virtually for the asking, are so great that this information
must reach a central spot for orderly and efficient dissemination to all
possible users within the Government.
In addition to the functions mentioned, it is necessary for a Cen-
tral Intelligence Agency to perform others of common concern to two or more
agencies. These are projects which it is believed can be most efficiently
or economically performed centrally. An example of such a service is the
monitoring of foreign voice broadcasts. There are many departments of the .
Government vitally interested in this matter. No one department should
shoulder the burden of its operation and expense. Nor should two or more
agencies be duplicating the operation. It should rest with a central agency
to operate such a service for all. Similarly, we have centralized the ac-
tivities of the various foreign document branches which were operated by
some of the services individually or jointly during the war.
I would call your attention to the fact that the kind of men who are
able to execute the intelligence mission successfully are not too fre-
quently found. They must be given an opportunity to become part of a se-
cure and permanent agency which will grow in ability with the constant ex-
ercise of its functions in the fields of operations and research. We must
have the best available men, working in the best possible atmoSphere, and
with the'finest tools this Government can afford.
During the war, intelligence agencies were able to attract a great num-
ber of extremely intelligent, widely experienced, able men. Some are still
available and might become members of the Central Intelligence Agency,
should it become possible to insure them that career which was recommended
by the Congressional Committee report I cited previously. It is very dif-
ficult to recruit such men before the will of Congress is made known. I
do not wish to belabor this point, but it is most important.
In conclusion, I respectfully urge the passage .of Section 202 of the
bill under discussion, together with such additional legislation as is
needed to make for operational efficiency. I urge your increased and
continued interest in an intelligence system which can do much toward
safeguarding our national security.
Such a system indicates the necessity for a Central Intelligence Agency
to augment and coordinate these intelligence missions and 'functions of the
armed services and the Department of State. Such an agency should be given
the authority to provide research and analysis in the interest of national
intelligence. We know that the passage of such legislation will enable us
to establish a field attractive to men of outstanding background and exper-
ience in intelligence. These individuals will meet the challenge of the
task before them -- the most stimulating in which men can serve their
country -- by the production of a positive safeguard to the national
security.
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A BILL FOR THE ES' mamma or I NATIONAL IN
A CENTM TELLIGENCE AGENCY
AUTBDRITY AND SI 1
is It4010444 by the Senate and House of Repreeemtatlees of the United States
of A6e
38 assembled,
=tams or paaar
30c. 1. (a) Findings and Declarationt 40
In enacting this legislation, it is the intent of Congress to
comprehensive and continucelprograe 'Which siU effectively 400029-
lish national intelligense objectival* the United, States by supplying the
President of the United States the Secretaries of State, National ;Defense,
the Army, the Navy, and the Air Force* and seek other governmental officials
as shell be appropriate
with foreign intellftence of the highest possible
calibre. To accomplish these objectives' ¢ral intelligence agency is
required by the. United States. This atepey shall insure the production of
the foreign intelligence necessary to enable the appropriate officials of the
Government to be informed fully in their dolling, 'filth other nations, and to
enable these officiale to formulate national '112icies and plans obi** this
Government is to pursue in order to avert future armed conflicts and *Mum
the coMmon defense and security of the United States. The acOomplishment of
this service comprises the tatiohal intelligence objectives of the United States.
Experience preceding, during, and 011owing two World Wars has
proven that the uncoordinated decentrelisationwof the collection, research,
and dissemination of foreign intelligence information among many departments
Nmad agencies of the Governpent is unsatisfactory. In 48 attempt to remelt this
situation in times of national crises, emergency means ha*, repeatedly been
0..
adopted. These experiences have shown the need for a permanent, centralised,
intelligence agency so that all the foreign intelligence sources and facilities
of Government may be utilised to the fullest extent in the production of
foreign intelligence, and so that their greatest potentialities may be
realised most efficiently and economically, with a resultant elimination of
unproductive duplication and unnedassary overlapping of-remotions in the
accomplishment of the national intelligence objectives of the United States.
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(3) The liesratery of nate, the Seoretaxi of is
and the
rsPresesdattim ef- the beetdeeti liMia serving is the Oepseity set forth, in, this
&Mien, shall held nab soretinse, oredest Mit ad reedy, slash reports
is senneetien with the nationel Intallipomee objeetivee as WAIr be neoessur to
early est the prrriaions of this Ast. ? The Direster at Costral Intelligenes mar
request the stalling et additional asetiage enarever the gamr of the situation
nmtetvort. .?
(ii) Thar koretery of Stet", the $eeretar'
"'presentative oof the President,
?Seetiaa, *hallo
(a) Determine poilisies end **jetties* for, sad esporrise and direct, the Central.
Intelligenee Jamey, hereinefter provided tar, in the plainin, develepaent end
eeerdination of the fereiten.intalligense Attu It the .depprtmente and aimmeies
at the Goverment, as yell as is the cur,t S.0 thorwAirofts142423A1044. 4011411.D
tics* performed by the Central Intelligence Ageasy, in each a maim eh to sew*
Ito most effective asocuplisheent e the notional intellionee ohjostivos.
tr
Si
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Approved For elease 2003/02/27 : CIA-RDP80-01370400400010002-5
arirs arlifit tavsaater
St foreign iataaltisoss UM.
) Affray*
aativitiasofUfa asitiai States, isasobst as thw istitsat the nailahal dem*
and sasuritr, shall. gems the, Wallow* **Witt* et *a varissis dalvarto.
its aad soacias of ths Gassempast.
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Approved F elease 2003/02/27 : CIA-RDP80-0137.0R000400010002-5
(1)
(2) Thera shall bro Depvigy
or atlitan litio Or *the
Sanatioe The NAL*
Per
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offtoer of Lis ;rade sad
to dorm the
free Wiff
* rateequal to the difforenes
in nee. 3 (b) of this Ast and the area* of
Servies, or *Uttar, NOV and elleumnoom
(5) Notwithetending seetisn 2 of the Amt
ee emeeded (5 174.0* 64,i sr motion 40 el the Lot of hmy
so omehdlod ($ U*84, 58 SO), or 1000140 212
t forth for i?
to Dopertoon
Aet of Jone 2.932
(47 Stst. ban), 48 aesadot (5 0.34, gOa), the DimmeWer of Central Intelligens.
may appoint tips and ampler An spyotvfljeneffiee or position in the Ageoeir*
is**4 pay, any retired eseeiesionsd ?Meer*
.141117, h4rino Oartoso Omaet nosed, Coast
t Wiser9 of the
and ?IOUs
Servies The retired stets* office reek' ADO of retired
stoned of:Were red nem.
emolument* Pergeleite* riddle prLvilss, or heneiti incident tee?
tatng out of any such stabss, effioss reek* or drildieshe31 be in no wsr.
tooted hV moon of emelt ePtoeiniment to or employneot in, or by reason of
in, or
r bolding of, s sivilian *fits* or position in
the pay thereof
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Approved Firleese 2003/02/27 : CIA-RDP80-0131000400010002-5
(I)
sod
(3) Goliest fools*
Unite of Ms UAW $telae kr sir
(4) alvo Um* oreloottesit seirodotteee and laterpeolstist to ftwatia 1.1411110'
lipase leforretiool
(5) Diasednate setteati intolast to Os heetiodi the Coonoil. aid wpm.
potato depertmodio aid aa at tho goveivamoits
(6) OPlirail IRS* 11114.1 lakallartin srdas 111 t SOMA *tends* ow
vast be pirtetteedo or be owe efflatently eseemotse33, oesOoplishot. * the
?
(7)
(,) 111
the
telll AVOW;
0) 161
the asswiW of it. poliddoes was, r40010.11111611 Oljostives, pre-
gedoese. eperstlieet aro4 pontemniel4
(410) reoislato sod pringifista istipated **art.*, pelitalos exit pr000doree per.
totalast to the wifoguerdingof elseatflot Information oat notter of the tortes
dilearkaliftlAIZIATIOANtatte2h:ASADIPAIIME16#4"*21.1.4.
ibeisubeleei lemettin sed
ar ?
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?
f
CasaLI ear relieve the* of Wit respoty
prerlaimeSt $ao, 3 (a) (2 h 3) of this Moto
(41) A* required le the erwrissg ea of the perlaires of
Is made lamedietalr serdlable ea is seattedies heats to the
paw. lafemeatiees and oath
of the rartame repectissole aid
(d) To the =teat ressumwded lir the
the dellerileuda 4emearies of the devermill abell W to Saireettia
the haseer In eeeneettee lath Its plasedast tgeetleme.
(s) The ismer shell Wee MOpolis1861Peeliee
tvasettimiso err shall It Wire air Ilwatimme esmordas like
the Ilitted litotes INIMPOS ae egenifieelly ailhorieed tre leek
ad CIO) st We Mt*
WI
?
?
?
?
(
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Approved *Release 2003/02/27 : CIA-RDP80-014R000400010002-5
eertificatica
that euoI. on is
security or Won
partial and advanee payment* nor
(2) ?Ay quarters and soot of 11
differential to eeployees having permen?nt Otitis*
limits of the United Stater,
(3) Transfer to and reeetve frma feeds wagiliolo to other
seensitse of the Government such sass as dir et the
3udget1 either as advenee'payweat or reiabamrseeent at the
perfornanse of any of the tvactions er activities entberisolt in this act, and
any other department Vs agen? of to ?Government Si salthorimed to
or receive from the Agency such sums without regard te agy previsions of ?hat
conouning trainees's between appropriations* Bums transferred to the Avow in
sobwrdshal with this PeselrePh eleY be 411ePchdsd ier the purposes sad umder the
authority of this Mt without mord to limitatione of ether appeepriatiossi
(h) Order to the.eentinests1 United States OR have of abases* shr Ones,
or employee Of the Agency upon onspletion of twe (2) years optimums earwig*
abroad, and psj travel wins?, insident thereto it employees and their dependen
to their plasm of reeidenee in the Intted State* and reterno Slosh leave .1.32
met ?mooed sixty 60) celoodos &Wei and will be enelustes satin*, actually and
neeessarily spent in travel end malting transportatiesS
(5) Reinkurse other Government departments and agencies for
OffignOd to the Agency, end other ciesartmenth and agenstle are
so to cootrA ordeteil any *Mow or ii1qres for duty with the men
(6) Zachange funds without mord to *,eotion 3653 -evised -statute. (31 ,;* * )
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.1
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of the ttoi
f rah oftioor or imployoo to 00
t?Or sow tis Govirostirot it
th?tlititad States Cala Sorties
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Approved Fogelease 2003/02/27 ; CIA-RDP80-01346000400010002-5
c'
(11) Withis.the Units of such
4801er persons and means mid mks expenditures it
elsoihers" for'personal servisse, mt treilil rzpsaa1 priparta
transportation of ti4e maid= et oftioerrand seyeloyese oho die abroad or
transit' *bile in dispatch of their official tLs tO thdl former homes in
this country or to a plane not more distant Sie, interments d (sr ordinary
espeneee of suab interment; rental of nerwompertie vioj pirshase of eV
subscription to law books" books of ref crone*1 perlo4ieiles mewspapersi aormaereial
and triode r.ortsj purahase or rental e
eriptogrephie" duaiestion and printing
radie?reeeiving and rediemiesading eqpipsent and devises imilmang te2edin0 and
teletrle ellAiPmenti Parobases mninUneases floPeFetions relleir and hire of motor-
propelled or horsomodrinstlememnpriocarrying vehiales and other until's' airereit"
Ad vessels of all kinds 'Antis& and binding:I parables* eMintenemes mod
alesnIkkg. of fireammes.'
(o) The Asti apPrepristing suah sum* nay 00140140Priete ePeeified DeNtimme thereat
each, eiv.he expended (A) without regard to the previsions at low and regulatilis
relating to the espenditscosof Government funds or implement of person* in the
Government service; () tor objaut. of a sonfidentiAl mature1 sueh espeeditures
to be aessunted for eelelr an the oertifioets at the Diecitor and *Peri amok'
certificate shall be deswidasuffisient'vouoher ter tAo *meant therein
eertifie/A.
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Approved F Release 2003/02/27 : CIA-RDP80-013 R000400010002-5
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-5
Ush the al in
Presidont tt the
tbo Metro the Navy and
as shall be
calibre?
required br the allied Stales. This a
the foreign intelligeseat neeloraM to
Government to be Wowed bar in the
these oficis3i
to to pleat to
the ooion dot
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?
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Accord
of the United Stats
in formulating nett
?
it is by deoltred to be the policy of
t in ardor to strenithon the hand of the Government
policioo *Ad oonduCting relations with other nations,
and subject at all times to thmAporomount objective of assuring MOO
defense and security, the foreign intelligence antivities* funlitions, and
services of the Govornmont be fully coordinated, and, when determined in
aocordanco ihth the provisions of this A.cts be operated oentrally for the
accomplishment of the national intelligence objectives of the United 5tete.
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Approved F r Release 2003/02/27 : CIA-RDP80-01yR000400010002-5
Seeilen 1. (b)
of As
porpoise of this Act to ?ry eut the poliei0 set
forth la Section 1"(a) by providing for the execution, among others, of the
following major programs relating to intelligences
(1) A program for the centralised Operation of eudh foreign intelligence
activities .of the Federal Government ass the Gouneil determines can so be
performed met effectively, efficiently, and economical,
(2) A program for the planning and development of all foreign intelligence
activities of the Federal Government, and insluding the coordination of those
activities of the departments and agencies of the Government designed for the
production of foreign intelligence.
. (3) A progrem for the collection of foreign ntelli
and all means deemed effective.
(4) A program of svaluatien, correlation
by any
rpretation of the foreign
intelligence information collected, in order to produce intelligence for the
President and the appropriate departments and agencies of the Federal Government.
(5) A program for dieseadnation to the President and the appropriate depart
-
nen and agencies. of the Federal Government of the intelligence produced.
(6) A program for the full administration and implementation of the above..
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?
Approved F elease 2003/02/27 : CIA-RDP80-01r00400010002-5
Sett. 2. As used. In this Acts
1) The term "strategis az at3aa3 psiic intelligence" is that
soriPosit? iaialigengot isterdepeetesinal in aharietor, which is re.
quirod by the Protident atirothar high Wilmsstaffs to assist
than in determining policiesoith respect to nattanal planning and
security in peace and in and for the samosas* of bread national
polity. It is in that politiesZmosseamismaliitary area of mamma
to MOWO than one avow, nestle, *petits*, and nut transcend the
=elusive eompetensti of amr eine departneet.
(2) The tame "foreign intelligemett" shill*, estrued to mean the
product of the timely evelnatien, aorrelatiest, am* intarpr.ta.ttcin of
foreign intelligeoes intereetism.
(3) The lora "foreign intelligens* infemeatien" shall ite ocurtewed
to moan all data_porksining to foreign gsvesupente or areas, *high may
affect the foreign pais:, or the national defense sod security of the
Uhited 'hetes.
(4) The term shall be esastreed tenon: a process at
evaluation (telostiset) intim (synthesis), and interpretation
(analysis) of intelligence information for the probation of
(5) The tong 10 shell be construed tomsan a promise of
systematic and critical acmcination of inteLligesse information for the
purpose of determining its usefulness, credihility, and accuracy.
(6) The tern neorrelatiom" shall he construed team a promise
if sis of intelligence information with all l, is related
(7) The tome interpr* titan shall be
of determining the probable significance of
information.
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Approved Fo
lease 2003/02/27 : CIA-RDP80-0137 000400010002-5
ORGANIZATION
See. 3( Council.
(1) Within fromepork of the National
the Secretary of Na
by the President as his perweegassormentatives Shall pittfora the functiens set
forth in paragraph 3(s)(4) *mleer? Director of ContrallEtelligence shall sit
U a nesdoer with the Seeretaryi the S.arstsry Of National Defense mid the pirmenal
representative of the President at all time when the Otis. set f
360(4) are under consideration The
nen.oroting maiher.
(2) The decisions of the
and the Personal represen
Paragrallk
the
of Nati
of the Prig:West en allpotters set f
graph 3(a)(4), eturtiommdsom4 shell be final and hisdisit upon thsall*Pianal 504vr1t,
Counail. If their deeision is net unanimous, the natter shall be referred to the
President, eboie decisive shall be final.
(3) The Secretary of State, the Seeretery of Nati Defames and the personal
representative of, the *Midget, 'shin serving in the espesitr set forth in this
Section, *hal hold Submitting's oemduet such Moorings and receive Such reports
in eonneetion 'with the motional intelligenee objective' as air be necessary to
carry out the provisions of this Ast. The Direster of Oemtrel Intelligens* nor
request the calling of additional meetings **never the urgency of the situation
requires.
(4) The Secretary of Stet., the Secretary t Notional Defens. and the persona
representative of the President when sitting in the ispssity sot forth in this
Section, shells
(a) Determine ob actives for, and supervise and direct, the Central
Intelligence Agency, hereinafter provided for, in the 'gemming, develepment and
**ordination of the foreign intelligence activities of the departmeets and agencies
of the COvernment, as lien is in the tomdeet of these foireign inteLligenoe opera..
tiens performed by the Central Intelligence Agency, in each a manner as to assure
the nest effective accomplishment of the national intelligenee objectives.
be
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04 Mere the right to transfer responsibilities madaizthorit&sa in the 'field
At foreign intelligence between the deTertnente and agemsles of the Government.
(6) Approve such policies ibish in relation to the foreign intelligence
activities of the United:Sietes, insofar aa they affect the national defames
and security, Shell givers the intelligence activities of the various depart.
smote and agencies of the Government.
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? Approved FWelease 2003/02/27 : CIA-RDP80-01
) contra IntelligookAgiosy?
( Mon is hereby establi
called the homey), 'with a lime
head thereof, to be appointed from ci
by and with the advice and, oonsent of
compensation at the rate of $15,000 per lerumh
(2) There shall be a Deputy' Dixester of the Loney*
000400010002-5
inted from
or military life by the Preside*by and with the advice and consent of the
Senate. The Deputy Director shall reoeive eempeneation at the rate $14,000
per annum, Ifhe Deputy Direetor shill be metherised to age soh letters,
papers* and documents, and to perform emeh-other duties as limy be directed by
the Director of Central Intelligenop, and to act as Director in the abeenee of
that officer, or in the use of allesney in the office of Eireotors
(3) The functions of the Agener, as outlined in See. is of this Act, shall be
performed by the appropriate offices of the Ageney. lash office shall be
under the direction of an Asaistent Director* who Shill be appointed by the
Director of Central Intelligence, and shall receive eempensation at the rate
of $12*000 per annum. The-Assietent Directors shall allhaMON24401026X444
? not emceed aim (6) in number.
(4) Any officer of the Doper aent of State* or of to. Fereign Service of the
United States, and any commissioned ?faint of the United States Armr, the
United States Navy, or the United State* Air Noree, may be assigned to or
detailed for duty with the Agency; and alma service Shill in no way affect
any status, office, rank* is grade he mey occupy *shad in the Department of
State* the Foreign Servile of the United States, the United States Army, the
United Etat*, Navy* or the -United States Air Fore., or any emolument,
perquisite, right* privilege, or benefit incident to cruising out of any
awn statue, office, rank, c, grade, notarithatanding tho provisions of Title
10 U. S. Code, Sec. 576 and Public Law 7244 79th Congress, approved August 13
1946, and entitled "An Act to improve, strengthen and expand the Foreign
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Approved Fig/Release 2003/02/27 : CIA-RDP80-01,000400010002-5
ce of he inited States and to revise till,
ng to suchpay II allowances.
the Foreign Service of the United
States, ,list shell reset', Wdl 15serving
in a position established ja aSs. 3 (b) of this Asti the per of the State
Departments the ForeignServtU, or the military Wised sllowenoes parah*
to en officer of hia grade and length of services and shall be psidg ban Ani
funds available to defray the expenses of the Avner, mama cOMOOnsation at
& rate equal to the difference between the salary set both for such position
in Hee. 3 (b) of this Act and the amount of such State Deportment, Foreign
Service or military pay andallowances.
(5) Notwithstanding section 2 of the Act of .1 205),
as amended (5 U.S.O. 60 or section 6 of the Act of Mgy tat. 120)
as emeneed (5 U.S.C. 58, 59) or motion 212 of the Act at hoe 30, 1932
(47 Stat. 406), as emended (5 U.S.C. 5904 the Director0 Central Intelligens*
may appoint to, and ample,' ins any civilian office or 'mitten in the Agency,
and pgys any retired eemeissioned officers or retired warrant Officers of the
Army, haws Usrine Comes Coast Guards Coast and GeodettO Surveys and Publie
Health Service. The retired status, Wines ranks sad grads of retired
commissioned officer, r retired Warrant officers, se appointed or employed,
and any emoluments perquisites tights privileges or benefit incident to or
arising out of any such etatus office ranks or grades shell be in no may
affected by reason of Oath appointment to or employmeat ins or by reason of
service ins or acceptanse or holding of, any civilian office or position in
the Agency or the receipt of the pay thereof.
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Approved Fireiease 2003/02/27 : CIA-RDP80-01r000400010002-5
lies, J. imaatices IX the Central. Intelligeasikvigetey?.----
00 erdok to assure the most effestive aceemsglanment of
natismat Intel
Ligon. Minim Of the %it'd States, the Avner shako wader the stpervision
and direction of the gounails
(1) Develop and rosemosod to the .Council establiameetof.over-ail policies,
plane, requirements, Objeetives and pricodurestAncluding trbining in matters
oiromotodolth strategic and national paler intelligence, to assure the most
effective accompliahnent of the natives). inteLligenee Objectives and to imple-
sent the provisions of this Asts ?
(2) Coordinate truth of the foreign astivities of the departments
and agencies of the government as relate to theinatienel defense and security's
(3) Oelleet foreign intelligens,e information originating outside the oontinentel
limits of the United States br any and all means deemed effective,
(4). Give timely evaluation, correlation, and interpretation to foreign Intel.
ligenceinformations
(5) Disseminate national intelligence to the President, the Council, and appro-
priate departments and *males of thegevermeents
(6) Operate such foreign intelligence services as the Couneil determines can
best be performed, or be mere efficiently or soonomietIlir accemp1ithed4 br the
ABee471
(7) Administer the personnel and logistical needs of the Jgsnqy, including the
procurement, training, and sepervision of the Agenerts personnel, its budgetary
requirements and disbursement of funds, and the provision of administrative and
logistical support for the foreign activities of the AgensF1
(8) Be responsible for taking mesaures te,.; .3i14414, sources and ;gotheds used in
the sollestion and dissemination of foreign intelligens. infoneation reeeived
the Ageneys
(9) Bo responsible for taking measures fur the internal security of the Avner,
including the security of its policies; plans, requirements, objectives, pro-
sedum, operations, and personnels ?
(10) Formulate and promulgate integrated security policies and prooedures per-
taining tb:ihe safeguarding of classified information and natter of the various
41Partilmilints Ti3pirlifverdiFier glare 9615411MMIt!PCM1-14108111419111,1*00;46b01141441101
demo*and oosoriirs and
Approved *Release 2003/02/27 : CIA-RDP80-01,000400010002-5
04 Perform suoh ether lUnstiona and
as the President as the eaunsil sir
CO The respensibility and authority of the
to fordo
parlament* end sondes of the
government to oolloot, evaluate, correlate, laterprotong dissesdnete depart?
mental intelligence shall meths attested, meet to the =tit that the
Council Joy relieve thin of such responsibility and authority pursuant to lio
provisions of Sec. 3 (c) (2-40) at this Act.
(s) As required in the carrying coaled the provisions of this AA, there will
be made immediately available on a continuing basis to the Agency all intelli-
gence, information, and such !Unitise as be necessary, is the possession
of the various departments and agensiel of the goverment.
(d) To the extent reemmeeded by the Council, the intellig operations of
the departments and Nowise of the gOvernment shan't* open to inspection by
the Ageur.in sonnectioniith.its planning functions. ?
(e) The Agency shall have no police,,sUbpoona, or lot enteroment powers or
functions, nor shall it have any funstions emeerning the internal security of
the United States except al specifically authorised by Sees. 4 (o) (8), (9),
sad IV) of this let.
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Approved F
elease 2003/02/27 : CIA-RDP80-01 000400010002-5
In the per o
tothorised tos
.(1) ;rocume aecessary services,
provisions o
o the
(41 U.S.C. $), as emended, upon
certification by the DjJstar, rJi official designated by him for that purpose
that such action is neeeseary in the interest of the ceessela defense and
swouritYerupen a ahowincthat advertising is not reasonably practicable, en
partial ano maienes payments may be ado under contreets for eueh'purposs;
7,14) Pay quarters mad *oat of living allowances
difilerawhilll to empleyeee having permanent station
lisith of the United States41
(3) Transfer to and receive from funds avai
rtaents
agencies of the government such sums as wai be a rised by the,1au of the
Budget ithhr as advanoe payment or reitbuarsement Of epprepriation, for the
performance of any of the functions or actiVities authorised in this Act, and
any other department or agency of the Government is authorised to transfer to
or receive fVem the Avner such sums without regard to any provisions of law
concerning transfers between appropriations. Sums transferred to the AfTency in
accordance with this paragraph may be expended for the purposes and under the
authority of this Act without regard to limitations ef otherappropriations;
10) Order to the continental Dated States on Isere ef &menet any officer
or employee of the Agensfupen coppletion of two (2) press continuous service
abroad, and pay travel espenses incident thereto of employees and their dependents
to their pleas of residence in the gated States and retmew Such leave will
not exceed sixty (60) milinder dere, and will be exclusive oftime actually and
necessarily spent in travel and awaiting transportation; T
/-7
I-0") Reimburse other government departments and agencies for lorries* of Pomeonnel
assigned to the Agency, and other department' and agencies are hereby authori
' /4 so to assign or detail any officer or employee for duty with the Agency
f'
(6) Exchange funds without regard to Section 3651 Revised Statutes (31 3.4.C.
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Approved FWelease 2003/02/27 : CIA-RDP80-01 000400010002-5
(7) Autherise couriers designated W the DiWiter t0-611,0r firearms when engaged
in transportation of confidential documents and materials affeetin
defense and securitrt
r(8) EstablimiriWhqsory
4 t.--
Agency on administration le-Ls3stion, opereti
the national
with and make recommendations to the '
policies, research; and
other matters () 4 IZ
R7).---Maka_suchstudies and in
hearings as the Agency me
any authority provided inthis Act, or in the administration oi . eftforeement of
this Act, or any regulations or directives issued thereunder and
$215) gotwithstanding the previsions of section 6 oithe Act of August 24$ 1912
(37 Stat. 555), or the previsions of sgr other lmw$ the Director of Central
intelligence may... in his absolutesdiscretion$ terminate the employment of any
obtain such information, and hold such,
proper to assist it in exercising
officer or employee of the Agency whenever be shall deem such termination
necessary or advisable in the interests of. the United States, but such
termination shall not affect the right of such officer or employee to seeker
aocept.employment in any other department or agency of the Government if
declared eligible for such employment by the United 5t4tes Civil Service
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Appropriations:
(a) There art hereby authorized to beirpropriated
>r
necessary d
to carry out the proviiinbO
(b) rWS.thin- the Units-et wael&-epproprialtekewer-44*--Dkr
empler-persenst land means an
elsewhere,*av.-pammal, aerviceavasiati,
000400010002-5
sums as may be
of this A
AribtAmk prtes64.4.
Lt the seat of Oovernment and
pi/preparation and
transportation of the rpmaina of officer', and employees who die 'abroad or in
transit, while in dispatoh of their offioial duties, to their former homes in
?
this country or to a place not more distant ,for interment, and for ordinary
expenses of such intera.n))J rental of news-reporting service01-
V
enbeemiptiante-levrtoeltrrioeeks,--of-reteeeneew tritriliPaPerer-olmandigialg
'and-trede-repartsipurchase or rental and operation of photographic, reproduction,
cryptographic, dAplioation and printing maehines, equipment and devises, and
radio-receiving and radio.sending equipment and devioss including telegraph and
404/0
tor-
teletype equipment; purchase, maintenance, operation, repair and hire o
slypeklitd,or=
and vessels of all kindsj
cleaning of firearms.
(c) The Acta appropriating such awss may
vehicles and elteR aircraft,
d b iding; purchase, maintenance, and
priate specified portions thereof
?
which may be expended, (A) without regard to the provisions Of law and regulations
relating to the expenditure of Ctsvernaint fundi or the employsent of persons in the
Government service; (B) for objects of a confidentialonature, 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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411pZ
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, &
Section $e It say previa**
Act, or the application of such provision
to an p6rscm or mircumsteneas is held ismalids the'remeinder of this Act or
the Sp plication of such pee,' on to persona er eirnuastanaes other than theme
U to reach it is bald invalids shall not bit itteetid thereby.
Section 9.
?
lligenee Azency Act or 194701*
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?
0 4t,,? / ( i
/ /k N
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A BILL FOR ESTABLISHMENT OF A NATIONAL I LIGENCE AUTHORITY AND
A CENTRAL INTELLIGENCE AGENCY I
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
DECLARATION OF POLICY
Sec. 1. (a) Findings and Declaration: --
In enacting this legislation, it is the intent of Congress to provide
a comprehensive and continuous program which will effectively accomplish the
foreign intelligence mission of the United States by supplying the President of
the United States, the Secretaries of State, War, and the Navy, and such other
governmental officials as shall be appropriate, with foreign intelligence of the
highest possible calibre. To accomplish this mission, a centralized foreign
intelligence service is required by the United States. This service shall
produce the foreign intelligence necessary to enable these appropriate officials
of the Government to be informed fully in their dealings with other nations, and to
enable these officials to formulate national policies and plans which this
Government is to pursue in order-to avert future armed conflicts and assure the
common defense and security of the United States. This foreign intelligence is
also needed so that the appropriate officials may recommend to the Congress of
the United States such legislation as is necessary in connection with national
foreign policy, to avert future armed conflicts, and to assure the common defense
and security. The accomplishment of this service is the foreign intelligence
mission of the United States.
Experience preceding, dOing, and following two World wars has proven
that the uncoordinated decentralization of the collection, research, and
dissemination of foreign intelligence information among many departments and
agencies of the Government is unsatisfactory; nor does it produce the high
calibre of foreign intelligence needed for the accomplishment of the national
foreign intelligence mission. In an attempt to remedy situation, emergency means
have repeatedly been adopted in times of national crises. These experiences have
shown the need for a centralized foreign intelligence service so that all the
foreign intelligence sources and facilities of the Government may be utilized to
the greatest extent in the production of foreign intelligence, and so that their
fullest potentialities may be realized most efficiently and economically, with
a resultant elimination of duplication and overlapping of functions in the accomplish-
ment of the foreign intelligence mission of the United States.
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41,11 -2- 41/
Accordingly, it is hereby declared to be the policy of the people
of the United States that, subject At all tines to the paramount objective
of assuring the common defense and security, in order to strengthen the hand
of the Government in formulating national foreign policies and relations with
other nations, the foreign intelligence activities, functions, and services
of the Government be fully coordinated, and, when determined in accordance
with the provisions of this Act, be operated centrally for the accomplishment
of the foreign intelligence mission of the United States.
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Section 1. (b) Purpose of Act. ------
It is the purpose of this Act to effectuate the policies set out
in Section I (a) by providing, among others, for the following major programs
relating to intelligence:
(1) A program for the operation of such foreign intelligence services of the
Federal Government, as the National Intelligence Authority determines can b est
be performed centrally.
(2) A program for the planning and development of all foreign intelligence
activities of the Federal Government, and including the coordination of those
activities of the departmentt and agencies of the Government designed for the
production of foreign intelligence for the use of the President and appropriate
officials of the Government in the formulation of policies and plane in the interests
of the national defense and security.
(3) A program for the collection of foreign information by any and all means
deemed effective.
(14) A program of evaluation, correlation, and interpretation of the foreign
intelligence information collected in order to produce foreign intelligence for
the President and the appropriate departments and agencies of the Federal Government.
(5) A program for the dissemination of the foreign intelligence produced to the
President and the appropriate departments and agencies of the Federal Government.
(6) A program for the full administration and implementation of the ave,
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ORGANIZATION
11111
Sec. 2 (a) National Intelligence Authority.
(1) There is hereby established a National Intelligence Authority (herein called
the Authority) of five members. The Secretary of State, the Secretary of 'gar and
the Secretary of the Navy shall be members of the Authority. The President shall
designate a fourth member of the Authority to serve as his personal representative
thereon. The Secretary of State, the Secretary of 'War, the Secretary of the Navy,
and the personal representative of the President shall constitute the sole voting
members of the Authority. The Director of Central Intelligence, hereinafter provided
for, shall sit as the fifth member of the Authority, as a non-voting member thereof.
The Secretary of State shall serve as Chairman of the Authority.
(2) The members of the Authority shall hold their positions thereon by
of their respective offices. The members of the Autilority shall serve without
compensation for this service and shall perform this service in addition to such
other activities, public, or private, as they may engage in.
(3) In the absence of the Secretaries of State, War, and the Navy, or any one of
them, the appropriate Acting Secretary shall sit as a member of the Authority.
If the personal representative of the President is absent, the Secretarites ( or
Acting Secretaries) of State, War, and the Navy shall constitute a quorum of
the Authority.
(10 Ihe Authority shall hold such meetings, conduct such hearings, and receive
such reports as may be necessary to enable it to carry out the provisions of this
Act. The Authority shall meet at least once each month.
(5) he Authority shall be served by a Secretariat, consisting of a Secretary
and such other technical, administrative, and clerical assistance as the Authority
shall deem necessary. The Central Intelligence Agency, hereinafter provided for, will
be responsible for furnishing the Secretariat with personnel. The Secretary shall
be charged with preparing the agenda for meetings of the Authority, attending such
meetings, keeping and publishing the minutes thereof, preparing the directives
and other papers of the Authority, reviewing and circulating papers for consideration,
maintaining the necessary offices and records of the Authority, providing secretarial
and clerical assistance, and performing such other duties !or the Authority as the
Authority shall direct. The Secretariat of the Authority shall also serve as the
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--
4111
Secretariat of the Intelligence Advisory Board, hereinafter provided for, per-
forming the same duties for this Board as for the Authority.
(6) he Authority shall determine policies and objectives for, and supervise
and direct, the Central Intelligence Agency, hereinafter provided for, in the
planning, development, and coordination of the foreign intelligence activities of the
departments and agencies of the Government, as well as in the conduct of those
foreign intelligence operations which can best be performed centrally, in such manner
as to assure the most effective accomplishment of the foreign intelligence mission
relating to the national defense and security.
(7) The Authority shall have the right to transfer responsibilities and authorities
in the field of foreign intelligence between departments and agencies of the
Government.
(8) Policies approved by the Authority in relation to the foreign intelligence
activities of the United States, insofar as they affect the national defense and
security, shall govern the foreign intelligence activities of the various depart-
ments and agencies of the Government.
(9) If the decisions of the Authority on matters set forth in Seco 2(a) (6)
and 2 (a) (7) of this Act are not unanimous, the Authority shall refer, the matter
to the President, whose decision shall be final.
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Sec, 2 (b) Central Intelligence Agency
(1) There is hereby established a Central Intelligence Agency (herein called the
Agency), with a Director of Central Intelligence who shall be the head thereof,
to be appointed from civilian or military life by the President, by and with the
advice and consent of the Senate, to serve at the pleasure of the President. The
Director shall receive compensation at the rate of $17,500 per annum.
(2) There shall be a Deputy Director of the Central Intelligence Agency, appointed
from civilian or military-life by the President, by and with the advice and consent
of the Senate, to serve at the pleasure of the President. The Deputy Director shall
receive compensation at the rate of $15,000 per annum. The Deputy Director shall
be authorized to sign such letters, papers, and documents, and to perform such other
duties as may be directed by the Director of Central Intelligence, and to act as
Director in the absence of that officer, or in the case of a vacancy in the office
of Director.
(3) There shall be an Executive Director of the Central Intelligence Agency,
appointed from civilian or military life by the President, by and with the advice
and consent of the Senate. The Executive Direftor shall receive compensation at the
rate of $15,000 per annum. The Executive Director shall discharge such of the
administrative and executive functions of the Agency as the Director of Central
Intelligence may direct.
(LI) ^the duties of the Agency, as outlined in Sec. 3 of this Act, shall be performed
by the appropriate offices of the Agency. Each office shall be under the direction
of an Assistant Director, who shall be appointed by the Director of Central
Intelligence, and shall receive compensation at the rate of $14,000 per annum. The
Assistant Directors shall be limted to six (6) in number.
(5) Any officer of the Department of State, or of the Foreign Service of the
United States, and any commissioned officer of the United States Army, the United
States Navy, or the United States Army Air Forces, may be assigned to or detailed
for duty with the Agency; and such service shall in no way affect any status, office,
rank, or grade he may occupy or hold in the Department of State, the Foreign Service
of the United States, the United States Army, the United States Navy, or the United
States Army Air Forces, or any emolument, perquisite, right, privilege, or benefit
incident to or arising out of any such status, office, rank, or grade, notwithstanding t
the provisions of Title 10 U. S. Code, Sec. 576 and public Law 724, 79th Congress,
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approved August 13, 1946, and entitled "An Act to improve, strengthen, and expand
the Foreign Service of the United States and to consolidate and revise the laws
relating to its administration," or any other law pertaining to such pay and allow-
ances. Any such officer of the Depattment of State, the Foreign Service of the United
States, or commissioned officer on the active list shall receive, while serving in
a position established in Sec. 2 (b) of this Acts the State Department, the Foreign
Service, or the military, pay and allowances payable to an officer of his grade and
length of service, and shall be paid, from any funds available to defray the expenses
of the Agency, annual compensation at a rate equal to the difference between the
salary set forth for such position in Sec. 2 (b) of this Act and the amount of his
annual Department of State,Foreign Service, or military, pay and allowances.
(6) Notwithstanding section 2 of the Act of July 31, 1894 (28 Stat. 205), as amended
(5 U.S.C. 62), or section 6 of the Act of May 10, 1916 (39 Stat. 120), as amended
(5 U.S.C. 58, 59), the Director of Central Intelligence may appoint to, and employ in,
any civilian office or position in the Agency, and pay, any retired commissioned
officer, or retired warrant officer, of the Army, Navy, Marine Corps, Coast Guard,
Coast and Geodetic Survey, and Public Health Service. The retired status, office,
rank, andgrade of retired commissioned officers, or retired warrant officers, so
appointed or employed and, except as provided in section 212 of the Act of June 30,
1932 (47 Stat. 406), as amended (5 U.S.C. 59a), any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such status, office, rank,
or grade, shall be in no way affected by reason of such appointment to or employment
in, or by reason of service in, or acceptance or holding of, any civilian office or
position in the Agency or the receipt of the pay thereof.
Sec. 2. (c) Intelligence Advisory board -----
(1) The ''irector of Central Intelligence shall b e aevised by an Intelligence
Advisory Board, consisting of the heads (or their representatives) of those civilian
?
and military intelligence agencies of the Government having functions related to the
national defense and security, as determined by the National Intelligence Authority.
(2) Members of the Board shall serve without compensation for this service and
shall perform this service in addition to such other activities, public or private,
as they may engage in.
(3) The Intelligence Advisory board shall be served by a Secretariat, as provided
for in Section 2 (a) (5) of this Act.
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Sec. 3.
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Functions ofte Central Intelligence Agency. ---
(a) In order to assure the most effective accomplishment of the foreign in-
telligence mission of the United States, the Agency shall, under the supervision
and direction of the Authority:
(1) Develop and recommend to the Authority establishment of over-all policies,
plans, requirements, objectives, and procedures to assure the most effective
accomplishment of the foreign intelligence mission and to implement the provisions
of this Act;
(2) Coordinate such of the foreign intelligence activities of the departments and
agencies of the Government as relate to the national defenee and security;
(3) Collect foreign intelligence information by any and all means deemed effective;
(h) Give timely evaluation, correlation, and interpretation to foreign intelligence
information;
. (5) Disseminate foreign intelligence to the President and appropriate departments
and agencies of the Government;
(6) Operate such foreign intelligence services as the Authority determines can best
be performed, or be more efficiently or economically accomplished, centrally;
(7) Administer the personnel and logistical needs of the Agency, including the
procurement, training, and supervision of the Agency's personnel, its budgetary
requirements and disbursement of funds, and the provision of administrative and
logistical support for the foreign activities of the Agency;
(8) Be responsible for fully protecting sources and methods used in the collection
of foreign intelligence information received by the Agency;
(9) Provide for the internal security of the Agency, including the complete
security of its policies, plans, objectives, procedures, operations, and personnel;
(10) Formulate and promulgate integrated security policies and procedures pertain-
ing to the safeguarding of classified documents, information, matter, and materiel
of the various departments and agencies of the Government, in the interest of the
national defense and security; and
(11) Perform such other functions and duties relating to foreign intelligence
as the President or the Authority may direct.
(b) The responsibility and authority of the depprtments and agencies of the
Government to collect, evaluate, correlate, interpret, and disseminate departmental
intelligence shall not be affected, except to the extent that the Authority may
relieve them of such responsibility and authority pursuant to the provisions of
Sec. 2 (a.) (8) of this Act,
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? -2-
(c) As required in the carrying out of the provisions of this Act, there will
be made immediately available on a continuing basis to the Agency all intelli-
gence, information, and facilities in the possession of the various departments
andagencies of the Government*
(d) To the extent recommended by the National Intelligence Authority and approved
by the President, the intelligence operations of the departments and agencies of
the Government shall be open to inspection by the Agency in connection with its
planning functions; and
(e) The Agency shall have no police, subpoena, or law enforcement powers or
functions, nor shall it have any functions concerning the internal security of the
United States except as specifically authorized by Secs. 3 (a) (8) (9) and (10) of
this Act*
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GENERAL AUTHORITY'
Section L. In the performance of its functions, the Central Intelligence Agency
is authorized to:
(1) Procure necessary services, supplies and equipment without regard to the
provisions of Section 3709, Revised Statutes (41 U.S.C. 5), as amended, upon
certification by the Director, or an official designated by him for that purpose,
that such action is necessary in the interest of the common defense and security
or upon a showing that advertising is not reasonably practicable, and partial and
advance payments may be made under contracts for such purpose;
(2) Pay quarters and cost of living allowances or in lieu thereof a salary differ-
ential to employees having permanent station outside the continental limits of the
United States;
(3) Transfer to and receive from other departments or agencies of the Government
such sums as may be autorized by the Bureau of the Budget, either as advance payment
or reimbursement of appropriation for the performance of any of the functions or
activities authorized in this Act, and any other department or agency of the
Government is authorized to transfer to or receive from the Agency such sums without
regard to any provisions of law concerning transfers between appropriations, Suns
transferred to the Agency in accordance with this paragraph maybe expended for the
purposes and under the authority of this Act without regard to limitations of other
appropriations;
(4) Order to the continental United States on leave of absence any officer or
employee of the Agencyrupon completion of two (2) years continuous service abroad,
and pay travel expenses incident thereto of employees and their dependents to their
place of residence in the United States and return. Such leave will not exceed
sixty (60) calendar days, and will be exclusive of time actually and necessarily
spent in travel and awaiting transportation;
(5) Reimburse other Government departments and agencies for services of personnel
assigned to the Agency, and other departments and agencies are hereby authorized
so to assign or detail any officer or employee for duty with the Agency;
(6) Exchange funds without regard to bection 3651 Revised Statutes (31 U,S.O. 543);
(7) Authorize couriers designated by the Director to carry firearms when engaged
in transportation of confidential documents and materials affecting the national
defense and security;
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(8) Establish advisory boards to advise with and make recommendations to the
Agency on administration, legislation, operations policies, research, and
other matters;
(9) Make such studies and investigations, obtain such information, and hold such
hearings as the Agency may deem necessary or proper to assist it in exercising
any authority provided in this Act, or in the administration or enforcement of
thisAct, or any regulations or directives issued thereunder;
(10) Notwithstanding the provisions of Section 6 of the Act of August 24, 1912
(37 Stat. 555), or the provisions of any other law, the Director of Central
Intelligence may, in his absolute discretion, terminate the employment of any
officer or employee of the Agency whenever he shall deem such termination
necessary or advisable in the interests of the United States, but such
termination shall not affect the right of such officer or employee to seek or
accept employment in any other department or agency of the Government if declared
eligible for such employment by the United States Civil Service Commission.
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?
APPROPRIATIONS
Section 5 (a). There are hereby authorized to be appropriated such sumo as may
be necessary and appropriate to carry out the provisions and purposes of this Act.
(b) "Within the limits of such appropriations, the Director is authorized to
employ persons and means and make expenditures, at the seat of Government and
elsewhere, for personal services, rent, travel expenses, preparation and
transportation of the remains of officers and employees who die abroad or in
transit, while in dispatch of their official duties, to their former homes in
this country or to a place not more distant for interment, and for ordina ry
expenses of such interment; rental of news-reporting services; purchase of or
subscription to law books, books of reference, periodicals, newspapers, commercial
and trade reports; purchase or rental and operation of photographic, reproduction,
cryptographic, duplication and printing machines, equipment anddevices, and
radipwreceiving and radio-sending equipment and devices including telegraph and
teletype equipment; purchase, maintenance, operation, repair and hire of motor-
propelled or horse-drawn passenger-carrying vehicles and other vehicles, aircraft
and vessels of all kinds; printing and binding; purchase, maintenance, and
cleaning of firearms.
(c) The Acts appropriating such sums may appropriate specified portions thereof
which may expended, (a) without regard to the provisions of law and regulations
relating to the expenditure of Government funds or the empllment of persons in the
Government service; (b) for objects of a confidential 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 certifieda
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#
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110
DEFINITIONS
Sec, 6. As used in this Act.
(a) The term "foreign intelligence" shall be construed to mean the product
of the timely evaluation, correlation, and interpretation of foreign intelligence
information:
(b) The term "foreign intelligence information" consists of all data pertaining
to foreign governments or areas, which may affect the foreign policy or the
national defense and security of the United States.
0) The term "research" is a process of evaluation (selection), correlation
(synthesis), and interpretation (analysis) of intelligence information for the
production of intelligence.
(d) The term "evaluation" is the process of systematic and critical examination of
information for the purpose of determining its usefulness, credibility and
accuracy.
(e) The term "synthesis" is the correlation of information with all available
related material.
(f) The term "interpretation" is the determination of the probable significance
of evaluated information:
SEPARABILITY OF PROVISIONS
Sec: 7. If any provision of thisAct, 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 circumstances other than those
as to which it is held invalid, shall not be affected thereby:
SHORT TITLE
Section 8. This Act maybe cited as the "Central Intelligence Agency Act of 1947".
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? EXCERPT PER HEAR/NOS or THE SENATE ARMED SERVICES C TTF;E ON THE
ILALIIL_LORAL =WTI ACT OF 194 jLakz..8 ON TUESDAY' APRIL I .
SENATOR MUGS: Admiral, I do not 'sant to revert to another
subject, and maybe you would prefer to bring it up in the regular
course. But looking at this proposed chart of the law that the uni-
fication will be carried out ender the bill, when you get down to the
Central Intelligence Agency, ehich certainly is one of the most impor-
tant of all the functions set firth in the bill. I notice that it re-
ports directly to the President and does not seem to have any line
running to the 114tr Department, or the Navy Department, or to the Secre-
tary for Air. And I was wondering if that rather excluded position,
you might say, was a Wholesome thing.
It seems to me that Central Intelligence Agency ought to
have more direct contact with the Amy' and the Navy and the Air Force;
and as I see it on the chart here, it is pretty well set aside and
Bess only to the President. What is the reason for that?
ADMIRAL SHRUM: Well, sir, this diagram shows the primary
control of the Central Intelligence Agency through the National Security
Council ihich? of course is responsible to the President. But, of
course, the Central Intelligence Agency, by its detailed directive,
takes information in from the military services and also supplies them
with information.
In other yards, it is a staff agency and controlled through
the National Security Council which is supported by the military
services, and in turn, supports them.
SENATOR TIDINGS: It SIMMS to me that of course they would
diffuse such information as a natter of orderly' procedure to the Army,
Navy and Air Force, as they collected the information and as they
deemed it pertinent. But I would feel a little mare secure about it
if there were a line running tram that agency' to the War Department,
the Navy Department, and the Air Force, rather than have it go up
through the President and back again. Because the President is a
rather bum- men, and while he has control over it, ale of its !Unctions,
it seems UM, ought to be to have a closer tie-in with the three
services than the chart indicates.
ADMIRAL SHERMAN: Well, sir, that is the trouble with the
diagrek, Actually, the Security Council, placed directly under it,
has members of the three departments, the Secretary of National Defense,
the Central Intelligence Agency, who collaborates Tarr closely with
Military and Naval intelligence, and there are a good many other
orennwrelationships.
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111 411
SENATOR TIDINGS; I real4me,4104, but even so, I think. Intel-
ligence is about as important a part of a war as there i, as
I know you will agree. And it is rat** set off there by itself,kend
is only under the President; which is all right for general direction
purposes but I do not feel satisfied in having it over there irith?ut
tame lines running to the War Department, the Navy Depertment, and the
Air Force, even though that :eight follow and they might do it anyham
ADMIRAL SHERMLN: 104 in a further develoPment-of this
chart, we might show a line of dellaboration and service and so on,
extending from the Central Intelligent* Agency to the three depart-
ments, and to these others.
SENATOR TIDINGS: To the Joint Chiefs of Staff, Wiley.
ADMIRAL SHERMAN: They serve the Joint Chiefs of Staff, as
amatter of fact. We have a Central Intelligence (man) in the Policy'
Council of the Research and Development Board at the present time.
SENATOR TIDINGS: If you ever do another chart, will you do
me the favor of connecting that up with those three departments and
with the joint Chiefs of Staff/ Because it looks like it is set up in
that way to advise the Presidents more than to advise the services and
the Joint Chiefs of Staff; which, of course, is not the intention of it
at all, in mr opinion.
ADMIRAL SHERMAN: We tried, in this particular chart, to show
only the primary line of control, with the exception of the dotted line
Iron the President to the Joint Chief* of Staff, which is there for
constitutional reasons.
SENATOR TIDINGS: Well, I hope that my comments cause
us to find some may that we can make sure that someone will offer an
amendment from the War Department or the Navy Department that the
Intelligence Agency is to have direct tie-inmith the Joint Chiefs and
the Army, Navy and Air Force. .Otherwise, we may have another Pearl
Harbor controversy, with the question arising, Who got the information?*
And the reply, It was not transmitted.
That is one thing that shoed not happen again.
And as this is set up, it would lend the layman the opinion
that it was more or less detached, rather than an integral part of the
three services.
ADMIRAL SHUMAN: I can assure you, sir, that the Central
Intelligence-Navy (?) is now serving us very effectively.
SENATOR BIRD: I see, Admiral, that in the section relating
to the Central Iitilligence Agency en page 20, you provide that "Itqr
commissioned officer of the United States Army, the United States Navy,
or the United States Air Toros may be appointed to the office of Director."
Is it the intent that he shall be a, military man?
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ADMIRAL SHERMAN: That is not the intent of that language,
sir, and I do net, think this bill does require that. Section 2020))
is permissive. Section 202(a) provides that there be a director. ,
202(b), although it is very lengthy, provides that a commissioned
officer may be appointed to that office. And then there is consider-
able language which safeguards his position in the military service
in that event.
SENATOR BYRD: Do you construe from that that a civilian
could be appointed?
ADMIRAL SHERMAN: Yes, sir.
SENATOR BUD: Would it not be better to stake that clear?
The may it is worded-rs certainly persuasive, if not definitely
controllin .
ADMIRAL SIERRAN: Since this is not the first time it has
come up, I think the language of the bill would be improved if, in
202(a)? where it saws, with reference to the director, "to be appointed
by the President," there were added such a phrase as "from military
or civilian life," or vice versa. I think that would clarify it.
SENATOR TIDINGS: Admiral, that is an awfully short bit of
explanation, under the caption "Central Intelligence Agency," the way
it is set up here separately, to be appointed by We President, and
superseding the services now run by the Argy and the Navy, I respect-
fully submit to you and to General Worsted that it might be wise to
put an amendment in there, in order to make certain that the thing is
understood; that this Central Intelligence Agency shall service the
three departments and the Joint Chiefs of Staff, and have sOMAI tie-in
with the three departments, rather than to leave it hanging up there
on a lima) all off to itself. I do not think that -would change anything
materially, but it would clarify it, and make it plain that we are
setting up something for the purposes for which we conceive it to be
set up.
ADMIRAL SHERMAN: Well, sir, I would like to make a comment
on the language as .60) the Central Intelligence Agency. At one time
in the drafting we considered completely covering the Central Intelli-
gence Agency in the manner that it should be covered by law.
SENATOR TIDINGS: Admirals my point in simply this: that
under the wording as to the Central Intelligence Agency which begins
on page 20 and ends at the top of page 22, it deals more or less with
consolidation and not with the duties that devolve upon that office.
It seems to ma there is a void in the bill that ought to be eliminated.
ADMIRALSKERMAN: Well, we considered the matter of trying
to cover the Central Intelligence Agency adeqeately? =dye found that
that matter, in itself, was going to be a matter of legislation of
considerable scope and importance.
SENATOR ITEMS: A separate bill?
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ADMIRAL SHERMAN: A separate bill. And after consultation
with GeneralikuAemberg, ye felt it was better, in this legislation
only to show the relationship of the Central Intelligence Agency to
the National Security Council, and then leave the separate legisla-
tion the task of a full and thorough development of the Central Intel-
ligence Agency.
SENATOR TIDINCS: Well, now, for the record, is it safe for
this committee to assume that during this session it is likely that a
bill mill come along dealing with the Central Intelligence Agency in
the particulars that we have had under discussion?
ADMIRAL SHERMAN: It is my understanding that that will
take place.
THE CHAIRMAN: Bow about that, General Vandenberg?
GENERAL VANDENBERG: (Lieutenant General Hoyt S. Vandenberg,
Chief, Central Intelligence Agency): The Enabling Act is prepared, but
we do not want to submit that until we have reason for it.
SENATOR SALTONSTALL: To carry out that point, look at
subparagraph (c) Sections (1)" and (2). The bill does talk about
functions there. It does take up certain functions that are now
in existence and transfers them to this agency.
If you are going to take up any functions, let me ask you,
to follow up your question, should you not take up all the functions,
or leave out that subsection (c) in someway?
SENATOR TIDINGS: What happens under the bill, it seems to me,
is that the consolidation itself takes place, but the services which
are to be performed, and by whom they are to be performed, and for
idiom they are to be prformed, are not very clearly set out. And
imagine it would be better in a separate bill. But I did not know
the separate bill us coming, and in looking over the bill, it seemed
to me to deal very shortly ',tithe very important operation. So your
question and mine probably both would be anwwered in the new bill
that is coming along.
SENATOR SALTONSTALL: The only point to try to carry out
what you said: It does mention some functions here, but does not
mention all the functions.
SENATOR TIDINGS: And it deals with consolidation of functions.
SENATOR SALTONSTALL: It takes over certain functions not
now in existences if you letil read subparagraph (c) there.
SENATOR TIDINGS: That is what I mean.
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ADMIRAL SHERMAN: The intent of this language vas merely to
transfer the duties of the existing intelligence agency to the Secur:?ty
Council, and, next, to move the functions of the intelligence group as
it is now constituted, by a letter directive of the President, over
to the authority.
I mould suggest that it might be beneficial to take the
existing letter directive under which the Central IntelligenceAgeney
is functioning now and insert'it in the record. Because that letter
will clarify this ;thole matter.
THE CHAIRMAN: At the time the Committee hears General
Vandenberg, I an sure the General will bring with him that letter, and
we will have that in at the start of those hearings.
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Yr
[PUBLIC LAW 724-79TH CONGRESS]
[CHAPTER 957-2D SESSION]
[H. R. 6967]
AN ACT
To improve, strengthen, and expand the Foreign Service of the United States and
to consolidate and revise the laws relating to its administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I?SHORT TITLE, OBJECTIVES, AD
DEFINITIONS
PART A?SHORT TITLE
SEC. 101. Titles I to X, inclusive, of this Act may be cited as the
"Foreign Service Act of 1946".
PART B?OBJECTIVES
SEC. 111. The Congress hereby declares that the objectives of this
Act are to develop and strengthen the Foreign Service of the United
States so as?
(1) to enable the Foreign Service effectively to serve abroad
the interests of the United States;
(2) to insure that the officers and employees of the Foreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends
in American life;
(3) to enable the Foreign Service adequately to fulfill the
functions devolving on it by reason of the transfer to the Depart-
ment of State of functions heretofore performed by other Gov-
ernment agencies;
(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
(5) to provide that promotions leading to positions of author-
ity and responsibility shall be on the basis of merit and to insure
the selection on an impartial basis of outstanding persons for
such positions;
(6) to provide for the temporary appointment or assignment to
the Foreign Service? of representative and outstanding citizens
of the United States possessing special skills and abilities;
(7) to provide salaries' allowances, and benefits that will per-
? mit the Foreign Service to draw its personnel from all walks of
American life and to appoint persons to the highest positions in
the Service solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
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PART C?DEFINITIONS
SEC. 121. "When used in this Act, the term?
( 1 ) "Service" means the Foreign Service of the United S :,ates ;
(2) "Secretary" means the Secretary of States
(3) "Department" means the Department of State;
(4) "Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either directly
or through one or more corporations) by the United States;
(5) "Goverrunent" means the Government of the United States of
America;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental United
States as defined in paragraph (6) of this section;
(8) "Principal officer" means the officer in charge of an embassy,
legation, or other diplomatic mission or of a consulate general, con-
sulate, or vice consulate of the United States; and
(9) "Chief of mission" means a principal officer appointed by the
President, by and with the advice and consent of the Senate, to be in
charge of an embassy or legation or other diplomatic mission of the
United States, or any person assigned under the terms of this Act to
be minister resident, charg?'affaires, commissioner, or diplomatic
agent.
TITLE II?GOVERNING BODIES FOR THE DIRECTION OF
THE SERVICE
PART A?OFFICERS
DIRECTOR GENERAL
SEC. 201. The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director General,
who shall be appointed by the Secretary from among Foreign Service
officers in the class of career minister or in class 1. Under the general
supervision of the Secretary and the Assistant Secretary of State in
charge of the administration of the Department, the Director General
shall, in addition to administering the Service and performing the
duties specifically vested in him by this or any other Act, coordinate
the activities of the Service with the needs of the Department and
of other Government agencies and direct the performance by officers
and employees of the Service of the duties imposed on them by the
terms of any law or by any order or regulation issued 'pursuant to law
or by any international agreement to which the United States is a
party.
DEPUTY DIRECTOR GENERAL
SEC. 202. The Director General shall be assisted by a Deputy Direc-
tor General of the Foreign Service, hereinafter referred to as the
Deputy Director General, who shall be appointed by the Secretary.
If he is a Foreign Service officer, he shall be selected from among offi-
cers in the class of career minister or in class 1. The Deputy Director
General shall act in the place of the Director General in the event of
his absence or incapacity.
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PART B?BOARDS
BOARD OF THE FOREIGN SERVICE
SEC. 211. (a) The Board of the Foreign Service shall be composed
of the Assistant Secretary of State in charge of the administration of
the Department, who shall be Chairman; two other Assistant Secre-
taries of State, designated by the Secretary to serve on the Board;
the Director General; and one representative each, occupying posi-
tions with comparable responsibilities, from the Departments of
Agriculture, Commerce, and Labor, designated, respectively, by the
heads of such departments. The Secretary may request the head of
any other Government department to designate a representative,
occupying a position with comparable responsibilities, to attend meet-
ings of the Board whenever matters affecting the interest of such
department are under consideration.
(b) The Board of the Foreign Service shall make recommendations
to the Secretary concerning the functions of the Service; the policies
and procedures to govern the selection, assignment, rating, and pro-
motion of Foreign Seivice officers; and the policies and procedures to
govern the administration and personnel management of the Service;
and shall perform such other duties as are vestedin it by other sections
of this Act or by the terms of any other Act.
THE BOARD OF EXAMINERS FOR THE FOREIGN SERVICE
SEC. 212. (a) The Board of Examiners for the Foreign Service,
shall, in accordance with regulations prescribed by the Secretary and
under the general supervision of the Board of the Foreign Service,
provide for and supervise the conduct of such examinations as may
be given to candidates for appointment as Foreign Service officers in
accordance with the provisions of sections 516 and 517 or to any other
person to whom an examination for admission to the Service shall be
given in accordance with the provisions of this or any other Act or
any regulations issued pursuant thereto, and provide for such pro-
cedures as may be necessary to determine the loyalty of such persons
to the United States and their attachment to the principles of the
Constitution.
(b) The membership of the Board of Examiners for the Foreign
Service, not more than half of which shall consist of Foreign Service
officers, shall be constituted in accordance with regulations prescribed
by the Secretary.
TITLE III?DUTIES
PART A. ?GENERAL D urrit.s
COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS,
AND EXECUTIVE ORDERS
SEC. 301. Officers and employees of the Service shall, under the
direction of the Secretary, represent abroad the interests of the United
States and shall perform the duties and comply with the obligations
resulting from the nature of their, appointments or assignments or
imposed on them by the terms of any law or by any order or regula-
tion issued pursuant to law or by any international agreement to
which the United States is a party.
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DUTIES FOR WHICH REGULATIONS MAY BE PRESCRIEED
SEC. 302. The Secretary shall, except in an instance where the
authority is specifically vested in the President, have a ithority to
prescribe regulations not inconsistent with the Constitutipn and the
laws of the United States in relation to the duties, functions, and obli-
gations of officers and employees of the Service and thJ i.dministra-
tion of the Service.
DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS
SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
PART B?SERVICES FOR GOVERNMENT AGENCIES AND OTHER
ESTABLISHMENTS OF THE GOVERNMENT
SEC. 311. The officers and employees of the Service saall, under
such regulations as the President may prescribe, perform duties and
functions in behalf of any Government agency or any other establish-
ment of the Government requiring their services, including those in
the legislative and judicial branches, but the absence of such regula-
tions shall not preclude officers and employees of the Service from
acting for and on behalf of any such Government agency or establish-
ment whenever it shall, through the Department, request their services.
TITLE IV?CATEGORIES AND SALARIES OF
PERSONNEL
PART A?CATEGORIES OF PERSONNEL
SEC. 401. The personnel of the Service shall consist of the following
categories of officers and employees:
(1) Chiefs of mission, who shall be appointed or assigned in
accordance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
(3) Foreign Service Reserve officers, who shall be assigned to the
Service on a temporary basis from Government agencies or appointed
on a temporary basis from outside the Government in accordance
with the provisions of section 522, in order to make available to the
Service such specialized skills as may from time to time be required;
(4) Foreign Service staff officers and employees, who shall be
appointed in accordance with the provisions of section 531 and who
shall include all personnel who are citizens of the United States, not
comprehended under paragraphs (1), (2), (3), and (6) of this sec-
tion and who shall occupy positions with technical, administrative,
fiscal, clerical, or custodial responsibilities.
(5) Alien clerks and employees, who shall be appointed in accord-
ance with the provisions of section 541; and
(6) Consular agents, who shall be appointed in accordance with
the provisions of section 551.
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PART B?SALARIES
CHIEFS OF MISSION
SEC. 411. The President shall for salary purposes classify into four
classes the positions which are to be occupied by chiefs of mission.
The per annum salaries of chiefs of mission within each class shall
be as follows: Class 1, $25,000 per annum; class 2, $20,000; class 3,
$17,500; and class 4, $15,000.
FOREIGN SERVICE OFFICERS
SEC. 412. There shall be seven classes of Foreign Service officers,
including the class of career minister. The per annum salary of a
career minister shall be $13,500. The per alinum salaries of Foreign
Service officers within each of the other classes shall be as follows:
Class 1, $12,000, $12,400, $12,800, $13,200, $13,500;
Class 2, $10,000, $10,350, $10,700, $11,050, $11,400, $11,750, $11,900;
Class 3, $8,000, $8,300, $8,600, $8,900, $9,200, $9,500, $9,800, $9,900;
Class 4, $6,000, $6,300, $6,600, $6,900, $7,200, $7,500, $7,800, $7,900;
Class 5, $4,500, $4,700, $4,900, $5,100, $5,300, $5,500, $5,700, $5,900;
410 Class 6, $3,300, $3,500, $3,700, $3,900, $4,100, $4,300, $4,400.
SALARIES AT WHICH FOREIGN SERVICE OFFICERS MAY BE APPOINTED
SEC. 413. (a) A person appointed as a Foreign Service officer
of class 6 shall receive salary at that one of the rates provided for
that class by section 412 which the Secretary shall, taking into con-
sideration his age, qualifications, and experience, determine to be
appropriate for him to receive.
(b) A person appointed as a Eoreign Service officer of classes
1 through 5, inclusive, shall receive salary at the minimum rate pro-
vided for the class to which he has been appointed.
FOREIGN SERVICE RESERVE OFFICERS
SEC. 414. (a) There shall be six classes of Foreign Service
Reserve officers, referred to hereafter as Reserve officers, which
classes shall correspond to classes 1 to 6 of Foreign Service officers.
(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
(c) A person assigned as a Reserve officer from any Government
agency shall receive his salary from appropriations provided for the
Department during the period of his service as a Reserve officer.
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415. There shall be twenty-two classes of Foreign Service staff
officers and employees, referred to hereafter as staff officers and
employees. The per annum rates of salary of staff officers and
employees within each class shall be as follows:
Class 1, $8,820, $9,120, $9,420, $9,720, $10,000;
Class 2, $8,100, $8,340, $8,580, $8,820, $9,120;
Class 3, $7,380, $7,620, $7,860, $8,100, $8,340;
Class 4, $6,660, $6,900, $7,140, $7,380, $7,620;
?
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Class 5, $6,120, $6,300, $6,480, $6,660, $6,900, $7,140;
Class 6, $5,580, $5,760, $5,940, $6,120, $6,300, $6,480;
Class 7, $5,040, $5,220, $5,400, $5,580, $5,760, $5,940;
Class 8, $4,500, $4,680, $4,860, $5,040, $5,220, $5,400;
Class 9, $3,960, $4,140, $4,320, $4,500, $4,680, $4,860;
Class 10, $3,600, $3,720, $3,840, $3,960, $1,140, $4,320, $4500;
Class 11, $3,240, $3,360, $3,480, $3,600, $3,720, $3,840, $,960;
Class 12, $2,880, $3,000, $3,120, $3,240, $3,360, $3,480, $3,600;
Class 13, $2,520, $2,640, $2,760, $2,880, $3,000, $3,120, $3,240;
Class 14, $2,160, $2,280, $2,400, $2,520, $2,640, $2,760,.$2,880 ;
Class 15, $1,980, $2,040, $2,100, $2,160, $2,280, $2,400, $2,520;
Class 16, $1,800, $1,860, $1,920, $1,980, $2,040, $2,100, $2,160;
Class 17, $1,620, $1,680, $1,740, $1,800, $1,860, $1,920, $1,980;
Class 18, $1,440, $1,500, $1,560, $1,620, $1,680, $1,740, $1,800;
Class 19, $1,260, $1,320, $1,380, $1,440, $1,500, $1,560, $ !L,620 ;
Class 20, $1,080, $1,140, $1,200, $1,260, $1,320, $1,380, $1,440;
Class 21, $900, '60, $1,020, $1,080, $1,140, $1,200, $1,260;
Class 22, $720, $780, $840, $900, $960, $1,020, $1,080.
SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES MAY
BE APPOINTED
SEC. 416. A person appointed as a staff officer or employee shall'
receive salary at the minimum rate provided for the class to which
appointed except as otherwise provided in accordance with the pro-
visions of part E of this title.
SALARIES OF ALIEN CLERKS AND EMPLOYEES
SEC. 417. The salary or compensation of an alien clerk or employee
shall be fixed by the Secretary in accordance with such regulations as
he shall prescribe and, as soon as practicable, in accordance with the
provisions of section 444 (b). The salary or compensation of an alien
clerk or employee fixed on a per annum basis may, notwithstanding
the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or employee
begins in one fiscal year and ends in another, the gross amount of the
earnings for such pay period may be regarded as a charge against the
appropriation or allotment current at the end of such pay period.
SALARIES OF CONSULAR AGENTS
SEC. 418. The salary or compensation of a consular agent shall be
fixed by the Secretary in accordance with such regulations as he shall
prescribe and, as soon as practicable, in accordance with the provisions
of section 445.
PART C-SALARIES OF OFFICERS TEMPORARILY IN C EIARGE
AS CHARGES D1AFFAIRES AD INTERIM
SEC. 421. For such time as any Foreign Service officer shall be
authorized to act as charge d'affaires ad interim at the post to which
he is assigned, he shall receive, in addition to his basic salary as For-
eign Service officer, compensation equal to that portion of the differ-
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ence between such salary and the basic salary provided for the chief of
mission as the Secretary may determine to be appropriate.
AS OFFICERS IN CHARGE OF CONSULATES GENERAL OR CONSULATES
SEC. 422. For such time as any Foreign Service officer or any consul
3r vice consul who is not a Foreign Service officer is temporarily in
charge of a consulate general or consulate during the absence or inca-
pacity of the principal officer, he shall receive, in addition to his basic
salary as Foreign Service officer or consul or vice consul, compensation
equal to that portion which the Secretary shall determine to be appro-
priate of the difference between such salary and the basic salary pro-
vided for the principal officer, or, if there be none, of the former
principal officer.
PART D?TIME OF RECEIVING SALARY
CHIEFS OF MISSION
SEC. 431. (a) Under such regulations as the Secretary may pre-
scribe, a chief of mission may be entitled to receive salary from the
effective date of his appointment to the date marking his return to his
place of residence at the conclusion of the period of his official service
as chief of mission or the termination of time spent on authorized
leave, whichever shall be later, but no chief of mission shall be entitled
to receive salary while absent from his post whenever the Secretary
shall find that such absence was without authorization or justification.
If a chief of mission in one position is appointed as chief of mission
in another position, he shall be entitled to receive the salary pertain-
ing to the new position commencing on the effective date of the new
appointment.
(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and has rendered such addi-
t ional services to the Department as the Secretary may require him to
render in the interests of the Government for a period not in excess of
thirty days, exclusive of time spent in transit.
(c) During the service of a Foreign Service officer as chief of mission
he shall receive, in addition to his salary as Foreign Service officer,
compensation equal to the difference, if any, between such salary and
the salary of the position to which he is appointed or assigned.
OTHER OFFICERS AND EMPLOY EES
SEC. 432. (a) Under such regulations as the Secretary may prescribe,
any officer or employee appointed to the Service may be entitled to
receive salary from the effective date of his appointment to the date
when he shall have returned to his place of residence at the conclusion
of the period of his official service, or the termination of time spent
on authorized leave, whichever shall be later, but no such officer or
employee shall be entitled to receive salary while absent from his post
whenever the Secretary shall find that such absence was without
authorization or justification.
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(b) A Foreign Service officer, appointed during a recess of the
Senate, shall be paid salary from the effective date of his appointment
until the end of the next session of the Senate, if he has not theretofore
been confirmed by the Senate, or until his rejection by the Senate before
the end of its next session.
(c) A Foreign Service officer promoted to a higher class shall
receive salary at the rate prescribed in section 412 for the class to
which he is promoted from the effective date of his appointment to
such class. A Foreign Service officer promoted to a higher class
during a recess of the Senate shall receive salary at the rile prescribed
for the class to which he is promoted from the effective date of his
appointment to such class until the end of the next session. If the
Senate should reject or fail to confirm the promotion of such an
officer during the session following the date of his promotion, the
Foreign Service officer shall, unless he has become liable to sepa-
ration in accordance with the provisions of section 633 or 634, be
automatically reinstated in the class from which he was promoted and
receive the salary he was receiving prior to his promotion, such
reinstatement to be effective, in the event of rejection of the nomi-
nation, from the date of rejection; and in the event of the failure
of the Senate to act on the nomination during the session following
a promotion, from the termination of that session.
PART E?CLASSIFICATION
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE
SEC. 441. Under such regulations as he may prescribe, the Secre-
tary shall classify all positions in the Service, including those posi-
tions at foreign posts which may be held by career ministers, and
shall allocate all positions occupied or to be occupied by staff officers
or employees to classes and subclasses established by sections 415
and 442, respectively, and by alien employees and consular agents
to such classes as may be established by regulation.
ADMINISTRATIVE ESTABLISHMENT OF NEW GROUPS OF POSITIONS FOR
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 442. The Secretary may, whenever he deems such action to be
in the interests of good administration and warranted by the nature
of the duties and responsibilities of any group of positions occupied
or to be occupied by staff officers and employees in comparison with
other positions in the same class, establish by regulation for any
such group of positions a minimum salary computed at any one of
the rates of salary above the minimum for a given class but not in
excess of the middle rate provided for that class in section 415.
Such groups of positions shall, for the purposes of this Act, be known
as subclasses.
ADMINISTRATIVE ESTABLISHMENT OF SALARY DIFFERENTIALS
SEC. 443. Whenever the President shall find and declare that the
rates of salary provided for Foreign Service staff officers and
employees in section 415 are inadequate for any positions allocated
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to any particular class or subclass, he may, under such regulations
as he may prescribe, establish necessary schedules of differentials in
the rates of salary prescribed for such classes or subclasses, but the
differential in salary of a person holding any such position shall not
exceed 25 per centum of the salary he would otherwise receive.
Such differentials shall be granted only with respect to positions at
posts at which extraordinarily difficult living conditions or excessive
physical hardship prevail or at which notably unhealthful conditions
exist. The Secretary shall prepare and maintain a list of such posts.
CLASSIFICATION OF POSITIONS OF ALIEN CLERKS AND EMPLOYEES
SEC. 444. (a) Upon the basis of the classification provided for in
section 441, the Secretary shall, with the advice of the Board of the
Foreign Service, from time to time prepare schedules of salaries for
classes of positions of alien clerks and employees of the Service, which
classes shall be established by regulation, and shall allocate all such
positions to the appropriate classes.
(b) All alien employees in an area of comparatively uniform wage
scales and standards of living, occupying positions of equal respon-
sibility, shall receive equal pay except as there may be increases pro-
vided for length of service in accordance with uniform procedures.
CLASSIFICATION OF CONSULAR AGENTS
SEC. 445. Upon the basis of the classification provided for in section
441, the Secretary shall, with the advice of the Board of the Foreign
Service, from time to time prepare schedules of salaries for classes of
positions of consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.
EXEMPTION FROM THE APPLICATION OF THE CLASSIFICATION ACT
SEC. 446. Title II of the Act of November 26, 1940, entitled "An
Act extending the classified executive Civil Service of the United
States" (54 Stat. 1212; 5 U. S. C. 681) , is hereby further amended by
deleting paragraph (vii) of section 3 (d) and by substituting in lieu
of the present language of paragraph (vi) of section 3 (d) the follow-
ing language: "Offices or positions of officers and employees of the
Foreign Service".
TITLE V?APPOINTMENTS AND ASSIGNMENTS
, PART A?PRINCIPAL DIPLOMATIC REPRESENTATIVES
APPOINTMENTS
SEC. 501. (a) The President shall, by and with the advice and con-
sent of the Senate, appoint ambassadors and ministers, including
career ministers.
(b) The President may, in his discretion, assign any Foreign
Service officer to serve as minister resident, charge d'affaires, commis-
sioner, or diplomatic agent for such period as the public interest may
require.
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LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO THE PRES [DENT
SEC. 502. (a) The Secretary shall, on the basis of recommendations
made by the Board of the Foreign Service, from time to time furnish
the President with the names of Foreign Service officers qualified for
appointment to the class of career minister together pertinent
information about such officers, but no person shall be ap 3ointed into
the class of career minister who has not been appointed to serve as a
chief of mission or appointed or assigned to serve in a position which,
in the opinion of the Secretary, is of comparable importance. A list
of such positions shall from time to time be published by the Secretary.
(b) The Secretary shall also, on the basis of recommendations made
by the Board of the Foreign Service, from time to time furnish the
President with the names of Foreign Service officers cualified for
appointment or assignment as chief of mission, together with per-
tinent information about such officers, in order to assist the President
in selecting qualified candidates for appointment or assignment in
such capacity.
PART B?FOREIGN SERVICE OFFICERS
APPOINTMENTS
SEC. 511. The President shall appoint Foreign Service officers by
and with the advice and consent of the Senate. All appointments of
Foreign Service officers shall be by appointment to a class and not
to a particular post.
COMMISSIONS
SEC. 512. Foreign Service officers may be commissioned as diplo-
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be per-
formed under their respective commissions as diplomatic or consular
officers.
LIMITS OF CONSULAR DISTRICTS
SEC. 513. The Secretary shall define the limits of consular districts.
ASSIGNMENTS AND TRANSFERS
SEC. 514. A Foreign Service officer, commissioned as a diplomatic
or consular officer, may be assigned by the Secretary to serve in any
diplomatic position other than that of chief of mission or in any con-
sular position, and he may also be assigned to serve in any other
capacity in which he is eligible to serve under the terms of this or any
other Act. He may be transferred from one post to another by order
of the Secretary as the interests of the Service may require.
CITIZENSHIP REQUIREMENTS
SEC. 515. No person shall be eligible for appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
such for at least ten years.
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ADMISSION TO CLASS 6
SEC. 516. No person shall be eligible for appointment as a Foreign
Service officer of class 6 unless he has passed such written, oral, physi-
cal, and other examinations as the Board of Examiners for the For-
eign Service may prescribe to determine his fitness and aptitude for
the work of the Service and has demonstrated his loyalty to the Gov-
ernment of the United States and his attachment to the principles of
the Constitution. The Secretary shall furnish the President with
the names of those persons who have passed such examinations and
are eligible for appointment as Foreign Service officers of class 6.
ADMISSION TO CLASSES I, 2, 3, 4, AND 5 WITHOUT PRIOR SERVICE IN CLASS 6
SEC. 517. A person who has not served in class 6 shall not be eligible
for appointment as a Foreign Service officer of classes 1 to 5, inclusive,
unless he has passed such written, oral, physical, and other examina-
tions as the Board of Examiners for the Foreign Service may prescribe
to determine his fitness and aptitude for the work of the Service;
demonstrated his loyalty to the Government of the United States and
his attachment to the principles of the Constitution; and rendered at
least four years of actual service immediately prior to appointment in
a position of responsibility in the Service or in the Department or
both, except that, if he has reached the age of thirty-one years, the
requirement as to service may be reduced to three years. The Secre-
tary shall furnish the President with the names of those persons who
shall have passed such examinations and are eligible for appointment
as Foreign Service officers of classes 1 to 5, inclusive. The Secretary
shall, taking into consideration the age, qualifications, and experience
of each candidate for appointment, recommend the class to which he
shall be appointed in accordance with the provisions of this section.
ADMISSION TO THE CLASS OF CAREER MINISTER
SEC. 518. No person shall be eligible for appointment to the class
of career minister who is not a Foreign Service officer.
REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS AND
MINISTERS
SEC. 519. If, within three months of the date of the termination
of his services as chief of mission and of any period of authorized
leave, a Foreign Service officer has not again been appointed or
assigned as chief of mission or assigned in accordance with the pro-
visions of section 514, he shall be retired from the Service and receive
retirement benefits in accordance with the provisions of section 821.
REINSTATEMENT AND RECALL OF FOREIGN SERVICE OFFICERS
SEC. 520. (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service a former Foreign Service
officer who has been separated from the Service by reason of appoint-
ment to some other position in the Government service and who has
i
served continuously n the Government up to the time of reinstate-
ment. The Secretary shall, taking into consideration the qualifica-
tions and experience of each candidate for reappointment and the
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rank of his contemporaries in the Service, recommend the class to
which he shall be reappointed in accordance with the provisions of
this section.
(b) "Whenever the Secretary shall determine an emergency to exist,
the Secretary may recall any retired Foreign Service cfficer tem-
porarily to active service.
PART C-FOREIGN SERVICE RESERVE OFFICERS
ESTABLISHMENT OF RESERVE
SEc. 521. In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and maintained a Foreign Service Reserve, referred to hereafter as
the Reserve.
-APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE
SEC. 522. Whenever the services of a person who is a citizen of
the United States and who has been such for at least 'five years are
required by the Service, the Secretary may?
(1) appoint as a Reserve officer for nonconsecutive periods
of not more than four years each, a person not in the employ
of the Government whom the Board of the Foreign Service shall
deem to have outstanding qualifications of a specialized char-
acter; and
(2) assign as a Reserve officer for nonconsecutive periods of
not more than four years each a person regularly employed in
any Government agency, subject, in the case of an e:nployee of
a Government agency other than the Department o f State, to
the consent of the head of the agency concerned.
APPOINTMENT OR ASSIGNMENT TO A CLASS
SEC. 523. A Reserve officer, appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
and such an officer may be assigned to posts and may be transferred
from one post to another by order of the Secretary as the interests
of the Service may require. The class to which he shall.be appointed
or assigned shall depend on his age, qualifications, and experience.
COMMISSIONS
SEC. 524. Whenever the Secretary shall deem it in the interests
of the Service that a Reserve officer shall serve in a diplomatic or
consular capacity, he may recommend to the President that such
officer be commissioned as a diplomatic or consular officer or both.
The President may, by and with the advice and consent of the
Senate, commission such officer as a diplomatic or consular officer
or both, and all official acts of such an officer while serving under a
diplomatic or consular commission shall be performed under his
commission as a diplomatic or consular officer. In all cther cases,
appropriate rank and status, analogous to that of Foreign Service
officers engaged in work of comparable importance shall be provided
to permit Reserve officers to carry out their duties effectively.
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ACTIVE DU '
SEC. 525. The Secretary shall by regulation define the period during
which a Reserve officer shall be considered as being on active duty.
BENEFITS
SEC. 526. A Reserve officer shall, except as otherwise provided in
regulations which the Secretary may prescribe, receive all the allow-
ances, privileges, and benefits which Foreign Service officers are en-
titled to receive in accordance with the provisions of title IX.
REAPPOINTMENT OR REASSIGNMENT OF RESERVE OFFICERS
SEC. 527. A person who has served as a Reserve officer may not be
reappointed or reassigned to active duty until the expiration of a
period of time equal to his preceding tour of duty or until the expira-
tion of a year, whichever is the shorter.
REINSTATEMENT OF RESERVE OFFICERS
SEC. 528. Upon the termination of the assignment of a Reserve officer
assigned from any Government agency, such person shall be entitled
I o reinstatement in the Government agency by which he is regularly
employed in the same position he occupied at the time of assignment, or
in a corresponding or higher position. Upon reinstatement he shall
receive the within-grade salary advancements he would have been
entitled to receive had he remained in the position in which he is
regularly employed under subsection (d), section 7, of the Classifica-
tion Act of 1923, as amended, or any corresponding provision of law
applicable to the position in which he is serving. A certificate of the
Secretary that such person has met the standards required for the
efficient conduct of the work of the Foreign Service shall satisfy any
requirements as to the holding of minimum ratings as a prerequisite
to the receipt of such salary advancements. -
PART D?FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
APPOINTMENTS .
SEC. 531. The Secretary shall appoint staff officers and employees
under such regulations as he may prescribe and, as soon as practicable,
in accordance with the provisions of sections 441, 442, and 443.
ASSIGNMENTS AND TRANSFERS
SEC. 532. The Secretary may, in accordance with uniform pro-
cedures established in such regulations as he may prescribe, assign
a staff officer or employee to a position at any post and transfer
such a person from a position in one class to a vacant position within
the same class, and from one post to another. Upon demonstration
of ability to assume duties of greater responsibility, such person may,
as provided in section 641, be promoted to a vacant position in a
higher class at the same or at a higher rate of salary and he may
be transferred from one post to another in connection with such
promotion.
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COMMISSION AS CONSUL OR VICE CONSUL
SEC. 533. On the recommendation of the Secretary, tl e President
may, by and with the advice and consent of the Senate, commission
a staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respective commissions as consular
officers.
CITIZENSHIP REQUIREMENT
SEC. 534. No person shall be eligible for appointment as staff
officer or employee who is not a citizen of the United States at the
time of his appointment.
PART E-ALIEN CLERKS AND EMPLOYEES
APPOINTMENTS
SEC. 541. The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may prescribe and, as
soon as practicable, in accordance with the provisions of section 444.
ASSIGNMENTS AND TRANSFERS
SEC. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be transferred
from a position at one post to a position at another as the interests of
the Service may require.
PART F-CONSULAR AGENTS
SEC. 551. The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions pf section 445.
PART G?ASSIGNMENT OF PERSONNEL BY THE WAR AND NAVY
DEPARTMENTS
AS COURIERS AND INSPECTORS OF BUILDINGS
SEC. 561. The Secretaries of War and Navy are authorized, upon the
request of the Secretary, to assign or detail military and naval per-
sonnel serving under their suPervision for duty as inspectors of build-
ings owned or occupied abroad by the United States or as inspectors
or supervisors of buildings under construction or repair abroad,by or
for the United States, or for duty as couriers of the Department; and,
when so assigned or detailed, they may receive the same traveling
expenses as are authorized for officers of the Service, payable from
applicable appropriations of the Department. Such assignments or
details may, in the discretion of the head of the department concerned,
be made without reimbursement from the Department of State.
AS CUSTODIANS
SEC. 562. The Secretary of the Navy is authorized, upon request of
the Secretary of State, to assign enlisted men of the Navy and the
Marine Corps to serve as custodians under the supervision of the prin-
cipal officer at an embassy, legation, or consulate.
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PART H?ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
ASSIGNMENTS TO ANY GOVERNMENT AGENCY
SEC. 571. (a) Any officer or employee of the Service may, in the
discretion of the Director General, be assigned or detailed for duty
in any Government agency, such an assignment or combination of
assignments to be for a period of not more than four years. He may
not again be assigned for duty in a Government agency until the
expiration of a period of time equal to his preceding tour of duty on
such assignment or until the expiration of two years, whichever is the
shorter.
(b) A Foreign Service officer may be appointed as Director General
or Deputy Director General, notwithstanding the provisions of the
last sentence of paragraph (a) of this section, but any such officer
may not serve longer than four years in such position or positions and
upon the completion of such service may not again be assigned to a
position in the Department until the expiration of a period of time
equal to his tour. of duty as Director General or Deputy Director
General or until the expiration of two years, whichever is shorter.
(c) If a Foreign Service officer shall be appointed by the President,
by and with the advice and consent of the Senate, to a position in the
Department, the period of his service in such capacity shall be con-
strued as constituting an assignment for duty in the Department
within the meaning of paragraph (a) of this section and such person
shall not, by virtue of the acceptance of such an assignment, lose his
status as a Foreign Service officer. Service in such a position shall not,
however, be subject to the limitations concerning the duration of an
assignment or concerning reassignment contained in that paragraph.
(d) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the salary such officer or employee is entitled
to receive as an officer or employee of the Service, such officer or
employee shall, during the period such difference in salary exists,
receive the salary of the position in which he is serving in lieu of his
salary as an officer or employee of the Service. Any salary paid under
the provisions of this section shall be paid from appropriations made
available for the payment of salaries of officers and employees of the
Service and shall be the salary on the basis of which computations and
payments shall be made in accordance with the provisions of title
? VIII.
COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL
UNITED STATES
SEC. 572. Every Foreign Service officer shall, during his first fifteen
years of service in such capacity, be assigned for duty in the continental
United States in accordance with the provisions of section 571 for
periods totaling not less than three years.
ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
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service; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within the
meaning of section 571.
(b) Any officer or employee of the Service may be assigned or
detailed for special instruction or training at or with public or private
nonprofit institutions; trade, labor, agricultural, or scientific associa-
tions; or commercial firms.
ASSIGNMENT TO TRADE, LABOR, AGRICULTURAL, SCIENTIFIC, OR
OTHER CONFERENCES
SEC. 574. An officer or employee of the Service may, in the discretion
of the Secretary, be assigned or detailed for duty with domestic or
international trade, labor, agricultural, scientific, or other conferences,
congresses, or gatherings, including those whose place of meeting is
in the continental United States; or for other special duties, including
temporary details under commission not at his post or in the
Department.
ASSIGNMENTS TO FOREIGN GOVERNMENTS
SEC. 575. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in coopera-
tion with the government of another country in accordance with the
provisions of the Act of May 25, 1938, as amended (52 Stat. 442; 53
Stat. 652; 5 U. S. C. 118e) .
ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS
SEC. 576. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in coopera-
tion with an international organization in which the United States
participates under the same conditions as those governing the assign-
ment or detail of officers or employees of the Service to the government
of another country in accordance with the provisions of the Act of
May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5 U. S. C. 118e) .
ASSIGNMENT OR DETAIL TO THE UNITED STATES NOT TO AJfFJCT PERSONNEL
CEILINGS
SEC. 577. An officer or employee of the Service assignec: or detailed
to the continental United States in accordance with the provisions of
this Act shall not be counted as a civilian employee within the meaning
of section 607 of the Federal Employees' Pay Act of 1945, as amended
by section 14 of the Federal Employees' Pay Act of 1946.
TITLE VI?PERSONNEL ADMINISTRATION
PART A?DEFINITIONS
SEC. 601. For the purposes of this title?,
(1) "Efficiency record" is the term which describes those materials
considered by the Director General to be pertinent to the preparation
of an evaluation of the performance of an officer or employee of the
Service.
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(2) "Efficiency report" is the term which designates the analysis
of the performance of an officer or employee made by his supervising
officer or by a Foreign Service inspector in accordance with such
regulations as may be prescribed by the Secretary.
PART B?EFFICIENCY RECORDS
RESPONSIBILITY OF THE DIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS
SEC. 611. The Director General, acting under the general direction
of the Board of the Foreign Service, shall be responsible for the
keeping of accurate and impartial efficiency records. Under his direc-
tion there shall be assembled, recorded, and preserved all available
information in regard to the character, ability, conduct, quality of
work, industry, experience, dependability, and general usefulness of
all officers and employees of the Service, including the reports of For-
eign Service inspectors and the efficiency reports of supervising officers.
The Director General shall undertake such statistical and other
analyses as may be necessary to develop the validity and reliability
of efficiency reporting forms and procedures.
TO WHOM RECORDS SHALL BE AVAILABLE
SE?. 612. The correspondence and records of the Department relat-
ing to the officers and employees of the Service, including efficiency
records as defined in section 601 (1) but not including records per-
taining to the receipt, disbursement, and accounting for public funds,
shall be confidential and subject to inspection only by the President,
the Secretary, the Under Secretary, the Counselor of the Department,
the legislative and appropriations committees of the Congress charged
with considering legislation and appropriations for the Service or
representatives duly authorized by such committees, the members of
the Board of the Foreign Service, the Director General, and such
officers and employees of the Government as may be assigned by the
Secretary to work on such records. Under such regulations as the
Secretary may prescribe and in the interest of efficient personnel
administration, the whole or any portion of an efficiency record shall,
upon written request, be divulged to the officer or employee to whom
such record relates.
? PART C?PROMOTION OF FOREIGN SERVICE OFFICERS AND FOREIGN
SERVICE RESERVE OFFICERS
PROMOTION OF FOREIGN SERVICE OFFICERS BY SELECTION
SEC. 621. All promotions of Foreign Service officers shall be made
by the President, in accordance with such regulations as he may pre-
scribe, by appointment to a higher class, by and with the advice and
consent of the Senate. Promotion shall be by selection on the basis
of merit.
FT TGIBILITY
SEC. 622. The Secretary shall, by regulation, determine the minimum
period Foreign Service officers must serve in each class and a standard
for performance for each class which they must meet in order to
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become eligible for promotion to a higher class. In the event the
Director General shall certify to the Board of the Foreign Service
that a Foreign Service officer has rendered extraordinari1:7 meritorious
service, the Board of the Foreign Service may recommend to the
Secretary that such officer shall not be required to serve si.ch minimum
period in class as- a prerequisite to promotion, and the Secretary may
exempt such officer from such requirement.
RECOMMENDATIONS FOR PROMOTION
SEC. 623. The Secretary is authorized to establish, wit'a the advice
of the Board of the Foreign Service, selection boards to evaluate the
performance of Foreign Service officers, and upon the basis of their
findings the Secretary shall make recommendations to the President
for the promotion of Foreign Service officers. No person assigned to
serve on any such board shall serve in such capacity for any two con-
secutive years.
PROMOTION OF FOREIGN SERVICE RESERVE OFFICERS
SEG. 621. Any Reserve officer may receive promotions from one class
to a next higher class in accordance with regulations prescribed by
the Secretary.
IN-CLASS PROMOTIONS OF FOREIGN SERVICE OFFICERS AND RESERVE OFFICERS
SEC. 625. Any Foreign Service officer or any Reserve officer, whose
services meet the standards required for the efficient conduct of the
work of the Foreign Service and who shall have been in a given class
for a continuous period of nine months or more, shall, on the first
day of each fiscal year, receive an increase in salary to the next
higher rate for the class in which he .is serving. The Secretary is
atthorized to grant to a Foreign Service officer or a Rese --ve officer,
in any class, additional increases in salary within the salary range
established for the class in which he is serving, based upon especially
meritorious service.
PART D?SEPARATION OF FOREIGN SERVICE OFFICERS FROM THE SERVICE
FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS
SEC. 631. Any Foreign Service officer who is a career minister,
other than one occupying a position as chief of mission' shall, upon
reaching the age of sixty-five, be retired from the Service and
receive retiremen't benefits in accordance with the provisions of section
821, but whenever the Secretary shall determine an emergency to
exist, he may, in the public interest, extend such an officer's service
for a period not to exceed five years.
FOREIGN SERVICE OFFICERS WHO ARE NOT CAREER MINISTERS
SEC. 632. Any Foreign Service officer who is not a career minister
shall, upon reaching the age of sixty, be retired from the Service
and receive retirement benefits in accordance with the provisions of
section 821 but when the Secretary shall determine an emergency
to exist, he may, in the public interest, extend such an officer's service
for a period not to exceed five years.
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FOREIGN SERVICE OFFICERS IN CLASSES 2 AND 3
SEC. 633. The Secretary shall prescribe the maximum period during
which Foreign Service officers in classes 2 or 3 shall be permitted
to remain in such classes without promotion. Any officer who does
not receive a promotion to a higher class within that period shall be
retired from the Service and receive retirement benefits in accordance
with the provisions of section 821.
FOREIGN SERVICE OFFICERS IN CLASSES 4 AND 5
SEC. 634. (a) The Secretary shall prescribe the maximum period
during which Foreign Service officers in classes 4 or 5 shall be per-
mitted to remain in such classes without promotion. Any officer
who does not receive a promotion to a higher class within that period
shall be retired from the Service and receive benefits as follows:
(1) One-twelfth of a year's salary at his then current salary rate
for each year of service and proportionately for a fraction of a year,
payable without interest, in three equal installments on the 1st day of
January following the officer's retirement and on the two anniver-
saries of this date immediately following; and
(2) A refund of the contributions made to the Foreign Service
- Retirement and Disability Fund, with interest thereon at 4 per centum,
compounded annually, except that in lieu of such refund such officer
may elect to receive retirement benefits on reaching the age of sixty-two,
in accordance with the provisions of section 821. In the event that
an officer who was separated from class 4 and who has elected to receive
retirement benefits dies before reaching the age of sixty-two, his death
shall be considered a death in service within the meaning of section 832.
In the event that an officer who was separated from class 5 and who
has elected to receive retirement benefits dies before reaching the age of
sixty-two, the total amount of his contributions made to the Foreign
Service Retirement and Disability Fund, with interest thereon at 4
per centum, compounded annually, shall be paid in accordance with
the provisions of section 841.
(b) Notwithstanding the provisions of section 3477 of the Revised
Statutes (31 U. S. C. 203) or the provisions of any other law, a
Foreign Service officer who is retired in accordance with the pro-
visions of this section shall have the right to assign to any person or
corporation the whole or any part of the benefits receivable by him
pursuant to paragraph (a) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury by
the officer executing the assignment.
FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 6
SEC. 635. Any Foreign Service officer in class 6 shall occupy pro-
bationary status. The Secretary may terminate his service at any
time.
VOLUNTARY RETIREMENT
SEC. 636. Any Foreign Service officer who is at least fifty years of
age and has rendered twenty years of service, including service within
the meaning of section 853, may on his own application and with the
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consent of the Secretary be retired from the Service and receive
benefits in accordance with the provisions of section 821.
SEPARATION FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 637. (a) The Secretary may, under such regulations as he may
prescribe, separate from the Service any Foreign Service officer above
class 6 on account of the unsatisfactory performance of his duties;
but no such officer shall be so separated from the Service until he shall
have been granted a hearing by the Board of the Foreign Service and
the unsatisfactory performance of his duties shall have been established
at such hearing.
(b) Any Foreign Service officer over forty-five years of age, sep-
arated from the Service in accordance with the provisions of para-
graph (a) of this section, shall be retired upon an annuity computed
in accordance with the provisions of section 821 but not in excess
of 25 per centum of his per annum salary at the time of his separation.
(c) Any Foreign Service officer under forty-five % years of age,
separated from the Service in accordance with the provisions of para-
graph (a) of this section, shall at the time of separation receive a
payment equal to one year's salary or the refund of the contributions
made by him to the Foreign Service Retirement and Disability Fund,
whichever shall be greater.
(d) Any payments made in accordance with the provisions of this
section shall be made out of the Foreign Service Retirement and
Disability Fund.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 638. The Secretary shall separate from the Service any Foreign
Service officer or Reserve officer who shall be guilty of misconduct or
malfeasance in office, but no such officer shall be so separated from the
Service until he shall have been granted a hearing by the Board of
the Foreign Service and his misconduct or malfeasance shall have been
established at such hearing. Any officer separated from the Service
in accordance with the provisions of this section shall not be eligible
to receive the benefits provided by title VIII of this Act, but his
contributions to the Foreign Service Retirement and Disability Fund
shall be returned to him in accordance with the provisions of section
841 (a).
PART E?PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
CLASS PROMOTION OF STAFF PERSONNEL
SEC. 641. Any staff officer or employee may, in accordance with
uniform procedures established in regulations prescribed by the Sec-
retary, upon demonstration of ability to assume duties of greater
responsibility, be promoted to a vacant position in a hgher class at
the same or at a higher rate of salary.
IN-CLASS PROMOTIONS OF STAFF OFFICERS AND EMPLOYEES
SEC. 642. In-class promotions of staff officers and employees shall
be granted in accordance with regulations prescribed by the Secretary.
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PART F?SEPARATION OF STAFF OFFICERS AND EMPLOYEES
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 651. The Secretary may, under such regulations as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he
shall have been granted a hearing by the Board of the Foreign Service
and the unsatisfactory performance of his duties shall have been estab-
lished at such hearing.
FOR MISCONDUCT OR MALFEASANCE
SEC. 652. The Secretary shall separate from the Service any staff
officer or employee who shall be guilty of misconduct or malfeasance
in office, but no such officer or employee shall be so separated from
the Service until he shall have been granted a hearing by the Board
of the Foreign Service and his misconduct or malfeasance shall have
been established at such hearing.
PART G?PROMOTION AND SEPARATION OF ALIEN CLERKS AND
EMPLOYEES
PROMOTION
SEC. 661. Alien clerks and employees shall receive promotions from
one class to a higher class and in-class promotions in accordance with
regulations prescribed by the Secretary.
FOR UNSATISFACTORY PERFORMANCE OF DCI
SEC. 662. The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 663. The Secretary shall separate from the Service any alien
clerk or employee who shall be found guilty of misconduct or
malfeasance.
PART H?SEPARATION OF CONSULAR AGENTS
SEC. 671. The Secretary may, under such regulations as he may
prescribe, separate any consular agent from the Service on account
of?
(a) the unsatisfactory performance of his duties; or
(b) misconduct or malfeasance.
PART I?INSPECTIONS
SFC. 681. The Secretary shall assign or detail Foreign Service offi-
cers as Foreign Service inspectors to inspect in a substantially uniform
manner and at least once every two years the work of the diplomatic
and consular establishments of the United States. Whenever the
Secretary has reason to believe that the business of a consulate is not
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being properly conducted and that it is necessary in the public interest,
he may authorize any Foreign Service inspector to suspend the
principal officer or any subordinate consular officer and to administer
the office in the place of the principal officer for a period not exceeding
ninety days. The Secretary may also authorize a For( ign Service
inspector to suspend any diplomatic officer except a chief of mission.
A Foreign Service inspector shall have the authority to suspend any
other officer or employee of the Service.
TITLE VII?THE FOREIGN SERVICE INSTITUTE
ESTABLISHMENT OF THE INSTIT U I E
SEC. 701. The Secretary shall, in order to furnish training and
instruction to officers and employees of the Service and of the Depart-
ment and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute.
THE DIRECTOR OF THE INSTITUTE?APPOINTMENT, SALARY, AND DU LLES
SEC. 702. The head of the Institute, who shall be known as its
Director, shall be appointed by the Secretary. The Director shall,
under the general supervision of the Director General and under such
regulations as the Secretary may prescribe, establish the basic pro-
cedures to be followed by the Institute; plan and provide for the
general nature of the training and instruction to be furnished at the
Institute; correlate the training and instruction to be :!urnished at
the Institute with the training activities of the Department and other
Government agencies and with courses given at private institutions
that are designed or may serve to furnish training and instruction to
officers and employees of the Service; encourage and foster such pro-
grams outside of the Institute as will be complementary to those of
the Institute; and take such other action as may be recp.ired for the
proper administration of the Institute.
AID TO NONPROFIT INSTITUTIONS
SEC. 703. The Secretary may, within the limits of such appropria-
tions as may be made specifically therefor, make grants or furnish such
other gratuitous assistance as he may deem necessary or advisable to
nonprofit institutions cooperating with the Institute in any of the
programs conducted by the Director by authority of this title.
APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITUTE
SEC. 704. (a) The Secretary may appoint to the faculty or staff of
the Institute on a full- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-service laws and regulations and the
Classification Act of 1923, as amended, except that, when deemed nec-
essary by the Secretary for the effective administration of this title,
personnel may be appointed without regard to such laws and regula-
tions, but any person so appointed shall receive a salary at one of the
rates provided by the Classification Act of 1923, as amended. All
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appointments to the faculty or staff of the Institute shall be made
without regard to political affiliations and shall be made solely on the
basis of demonstrated interest in, and capacity to promote, the purposes
of the Institute.
(b) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail officers and employees
of the Service to serve on the faculty or staff of the Institute or to
receive training at the Institute.
(c) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail any officer or employee
of the Department, and, with the consent of the head of the Government
agency concerned, any other officer or employee of the Government, to
serve on the faculty or staff of the Institute, or to receive training.
During the period of his assignment or detail, such officer or employee
shall be considered as remaining in the position from which assigned.
? (d) It shall be the duty of the Director to make recommendations
to the Secretary with regard to the appointment, assignment, or
detail of persons to serve on the faculty or staff of the Institute,
and the Secretary shall in each case take such recOmmendations into
consideration in making such appointments, assignments, or details.
INSTRUCTION AND EDUCATION AT OTHER LOCALMES THAN THE INSTITUTE
SEC. 705. The Secretary may, under such regulations as he may
prescribe, pay the tuition and other expenses of officers and employees
of the Service, assigned or detailed in accordance with the provisions
of section 573 (b) for special instruction or training at or with public
or private nonprofit institutions, trade, labor, agricultural, or scientific
associations, or commercial firms.
ENDOWMENTS AND GIFTS TO THE INSTITUTE
SEC. 706. The Secretary may accept, receive, hold, and administer
gifts, bequests, or devises of money, securities, or property made for
the benefit of, or in connection with, the Foreign Service Institute
in accordance with part C of title X.
ACQUISITION OF REAL PROPERTY FOR THE INSTITUTE '
SEC. 707. The Secretary may, in the name of the United States,
acquire such real property as may be necessary for the operation
and maintenance of the Institute and, without regard to section 3709
of the Revised Statutes, such other property and equipment as may
be necessary for its operation and maintenance.
TITLE VIII?THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM
PART A?ESTABLISHMENT OF SYSTEM
RULES AND REGULATIONS
SEC. 801. (a) The President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereafter as the System.
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(b) The Secretary shall administer the System in accordance with
such rules and regulations and with the principles established by this
Act.
MAINTENANCE OF FUND
SEC. 802. The Secretary of the Treasury shall maintain the special
fund, known as the Foreign Service Retirement and Disability Fund,
referred to hereafter as the Fund, originally constituted by section 18
of the Act of May 24, 1924 (43 Stat. 111.).
PARTICIPANTS
SEC. 803. (a) The following persons, hereafter referred to as par-
ticipants, shall be entitled to the benefits of the System:
(1) All Foreign Service officers;
(2) All other persons making contributions to the Fund on the
effective date of this Act;
(3) Any chief of mission who is not otherwise entitled to be a
participant and who fulfills the conditions of paragraph (b) of this
section' ?
(b) A person to become a participant in accordance with the pro-
visions of paragraphs (a) (3) of this section must?
(1) have served as chief of mission for an aggregate period
of twenty years or more, exclusive of extra service credit in
accordance with the provisions of section 853; and
(2) have paid into the Fund a special contribution equal to 5
per centum of his basic salary for each year of such service with
interest thereon to date of payment, compounded annually at 4
per centum.
ANNUITANTS
SEC. 804. Annuitants shall be persons who are receiving annuities
from the Fund on the effective date of this Act, persons who shall
become entitled to receive annuities in accordance with the provisions
of sections 519, 631, 632, 633, 634, 636, 637, 831, 832, and 833, and all
widows and beneficiaries of participants who are entitled to receive
annuities in accordance with the terms of this title.
PART B?COMPULSORY CONTRIBUTIONS
SEC. 811. (a) Five per centum of the basic salary of all participants
shall be contributed to the Fund, and the Secretary of the Treasury
is directed to cause such deductions to be made and the sums trans-
ferred on the books of the Treasury Department to the credit of the
Fund for the payment of annuities, cash benefits, refunds, and
allowances.
(b) All basic salaries in excess of $13,500 per annum shall be treated
as $13,500 for the purposes of this title.
PART C-COMPUTATION OF ANNUITIES
SEC. 821. (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary, not ekce,eding $13,500 per annum,
for the five years next preceding the date of his retirement multi-
plied by the number of years of service, not exceeding thirty years.
In determining the aggregate period of service upon which the
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annuity is to be based, the fractional part of a month, if any, shall
not be counted.
(b) At the time of his retirement, a participant, if the husband of
a wife to whom he has been married for at least three years or who
is the mother of issue by such marriage, may elect to receive a
reduced annuity for himself and to provide for an annuity payable
to his widow, commencing on the date following his death and con-
tinuing as long as she may live. The annuity payable to his widow
shall in no case exceed 25 per centum of his average basic salary for
the five years next preceding his retirement or 66% per centum
of his reduced annuity. If the age of the participant is less Than
the age of the wife or exceeds her age by not more than eight years,
the annuity of the participant will be reduced by an amount equal
to one-half of the annuity which he elects to have paid to his widow.
If the age of the participant exceeds the age of the wife by more
than eight years, the annuity of the participant will be reduced by
an amount equal to one-half the annuity which he elects to have paid
to his widow plus an additional reduction equal to 2 per centum of
such widow's annuity for each year, or fraction thereof, that the
difference in age exceeds eight. The participant may at his option
also elect to have his annuity reduced by an additional 5 per centum
of the amount which he elects to have paid to his widow, with a
provision that, from and after the death of his wife, if the par-
ticipant shall servive her, the annuity payable to the participant
shall be that amount which would have been payable if no option
had been elected.
(c) A participant who is not married at the time of his retirement
or who is married to a wife who is not entitled to an annuity in accord-
ance with the provisions of paragraph (b) of this section may elect to
receive a reduced annuity for himself and to provide for an additional
annuity payable after his death to a beneficiary whose name shall be
notified in writing to the Secretary at the time of his retirement and
who is acceptable to the Secretary. The annuity payments payable to
such beneficiary shall be either equal to the deceased participant's
reduced annuity payments or equal to 50 per centum of such reduced
annuity payments and upon the death of the surviving beneficiary all
payments shall cease and no further annuity payments shall be due
or payable. The combined actuarial value of the two annuities on
the date of retirement as determined by the Secretary of the Treasury
shall be the same as the actuarial value of the annuity provided by
paragraph (a) of this section. No such election of a reduced annuity
payable to a beneficiary other than a child of the participant shall be
valid until the participant shall have satisfactorily passed a physical
examination as prescribed by the Secretary. Annuity payments pay-
able in accordance with the provisions of this section to a beneficiary
who is a child of a participant shall cease when the beneficiary reaches
the age of twenty-one years.
PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL EXAMINATION-
RECOVERY
SEC. 831. (a) Any participant who, after serving f or a total period
of not less than five years, becomes totally disabled or incapacitated
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for useful and efficient service by reason of disease or injury incurred
in the line of duty but not due to vicious habits, intempera -ice, or will-
ful misconduct on his part, shall, upon his own applicaC on or upon
order of the Secretary, be retired on an annuity compr ted as pre-
scribed in section 821. If the disabled or incapacitated participant
has had less than twenty years of service at the time he is retired, his
annuity shall be computed on the assumption that he had had twenty
years of service.
(b) In each case such disability shall be determined by the report
of a- duly qualified physician or surgeon, designated by d e Secretary
to conduct the examination. Unless the disability is permanent, a like
examination shall be made annually until the annuitant has reached
the retirement age as defined in sections 631 and 632, and the payment
of the annuity shall cease from the date of a medical examination
showing recovery. Fees for examinations under this provision,
together with reasonable traveling and other expenses incurred in
order to submit to examination, shall be paid out of the Fund.
(c) When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his
contributions, with accrued interest, the difference shall be paid to
him or his legal representatives in the order of precedence prescribed
in section 841.
DEATH IN SERVICE
SEC. 832. In case a participant shall die without having estab-
lished a valid claim for annuity, the total amount of his contributions
with interest thereon at 4 per centum per annum, compounded on
June 30 of each year, except as provided in section 881 and as here-
inafter provided in this section, shall be paid to his legal representa-
tives in the order of precedence given under section 841 upon the estab-
lishment of a valid claim therefor. If the deceased participant
rendered at least five years of service, and is survived by a widow
to whom he was married for at least three years, or who is the mother
of issue by such marriage, such widow shall be paid an annuity equal
to the annuity which she would have been entitled to receive if her
husband had been retired on the date of his death and had elected to
receive a reduced joint and survivorship annuity, computed as pre-
scribed in section 821, providing the maximum annuity for his widow,
unless prior to the date of his death he shall have elected, in lieu of
such widow's annuity, and with the approval of the SE cretary, to
have his deductions returned with interest as provided in the first
sentence of this section covering participants dying without having
established a valid claim for annuity. If the deceased participant
had had less than twenty years of service at the time of his death,
the annuity payable to his widow shall be computed on the assumption
that he had had twenty years of service.
RETIREMENT OF PERSONS WHO ARE PARTICIPANTS UNDER SECTION
803 (A) (3)
SEC. 833. (a) Any person who is a participant, has at least twenty
years of service to his credit, and has reached the age of ifty years,
but is not a Foreign Service officer at the time he is retired in accord-
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ance with the provisions of law governing retirement in the position
that he occupies, shall be entitled to an annuity computed as pre-
scribed in section 821.
(b) Any person who is a participant in accordance with the pro-
visions of section 803 ( a) (3) shall be entitled to voluntary retirement
to the same extent and subject to the same conditions as a Foreign
Service officer.
PART E?DISPOSITION OF CONTRIBUTIONS AND INTEREST IN EXCESS OF
BENEFITS RECEIVED
SEC. 841. (a) Whenever a participant becomes separated from the
Service without becoming eligible for an annuity or a deferred annuity
in accordance with the provisions of this Act, the total amount of
contributions from his salary with interest thereon at 4 per centum
per annum, compounded annually up to the date of such separation,
except as provided in section 881, shall be returned to him.
(b) In the event that the total contributions of a retired partici-
pant, other than voluntary contributions made in accordance with the
provisions of section 881, with interest compounded annually at 4
per centum added thereto, exceed the total amount returned to such
participant or to an annuitant claiming through him, in the form of
annuities, accumulated at the same rate of interest up to the date the
annuity payments cease under the terms of the annuity, the excess of
the accumulated contributions over the accumulated annuity pay-
ments shall be paid in the following order of precedence, upon the
establishment of a valid claim therefor :
(1)' To the beneficiary or beneficiaries designated by the retired
participant in writing to the Secretary;
(2) If there be no such beneficiary, to the duly appointed executor or
administrator of the estate of the retired participant;
(3) If there be no such beneficiary, or executor or administrator,
payment may be made to such person or persons as may appear in the
judgment of the Secretary to be legally entitled thereto, and such pay-
ment shall be a ban to recovery by any other person.
(c) No payment shall be made pursuant to paragraph (b) (3) of
this section until after the expiration of thirty days from the death
of the retired participant or his surviving annuitant. -
PART F?PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
SEC. 851. For the purposes of this title, the period of service of a
participant shall be computed from the effective date of appointment
as Foreign Service officer, or, if appointed prior to July 1, 1924, as
diplomatic secretary, consul general, consul, vice consul, deputy con-
sul, consular assistant, consular agent, commercial agent, interpreter,
or student interpreter, and shall include periods of service at different
times as either a diplomatic or consular officer, or while on assignment
to the Department, or while on special duty or service in another
department or establishment of the Government, or while on any
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assignment in accordance with the provisions of part H of title V, but
all periods of separation from the Service and so much of any leaves
of absence as may exceed six months in the aggregate in any calendar
year shall be excluded, except sick leaves of absence for illness or
injury incurred in the line of duty, with or without pay, and leaves
of absences granted participants while performing active military
or naval service in the Army, Navy, Marine Corps, or Coast Guard of
the United State.
PRIOR SERVIC:E CREDIT
SEC. 852. (a) A participant may, subject to the provisions of this
section, include in his period of service?
(1) service performed as a civilian officer or employee of the
Government prior to becoming a participant; and
(2) active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
(b) A person may obtain credit for prior service by making a
special contribution to the Fund equal to 5 per centum of his annual
salary for each year of service for which credit is sought subsequent
to July 1, 1924, with interest thereon to date of payment compounded
annually at 4 per centum. Any such participant may, ander such
conditions as may be determined in each instance by the Secretary, pay
such special contributions in installments during the continuance of
his service.
(c) Nothing in this Act shall be construed so as to arect in any
manner a participant's right to retired pay, pension, or compensation
in addition to the annuities herein provided, but no participant may
obtain prior service credit toward an annuity under the Foreign Serv-
ice Retirement and Disability System for any period of service,
whether in a civilian or military capacity, on the basis of which he
is receiving or will in the future be entitled to receive any annuity,
pension, or other retirement or disability payment or allowance.
EXTRA SERVICE CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
SEC. 853. The President may from time to time establish a list
of places which by reason of climatic or other extreme conditions
are to be classed as unhealthful posts, and each year of duty subse-
quent to January 1, 1900, at such posts inclusive of regalar leaves
of absence, of participants thereafter retired, shall be counted as one
year and a half, and so on in like proportion in reckoning the length
of service for the purpose of retirement, fractional months being
considered as full months in computing such service. The President
may at any time cancel the deignation of any places as unhealthful
without affecting any credit which has accrued for service at such
posts prior to the date of the cancellation.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 854. Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
forming active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
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PART 0?MONEYS
[pus. Lew 7243
ESTIMATE OF APPROPRIATIONS NEEDED
SEC. 861. The Secretary of the Treasury shall prepa,re the esti-
mates of the annual appropriations required to be made to the
Fund, and shall make actuarial valuations of such funds at intervals
of five years, or oftener if deemed necessary by him. The Secretary
of State may expend from money to the credit of the Fund an amount
not exceeding $5,000 per annum for the incidental expenses necessary
in administering the provisions of this title, including actuarial
advice.
ANNUAL REPORT TO CONGRESS
SEC. 862. The Secretary shall submit annually to the President
and to the Congress a? comparative report showing the condition of
the Fund and estimates of appropriations necessary to continue this
title in full force.
INVESTMENT OF MONEYS IN THE FUND
SEC. 863. The Secretary of the Treasury shall invest from time to
time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required
for the payment of annuities, cash benefits, refunds, and allowances,
and the income derived from such investments shall constitute a part
of such Fund.
ATTACHMENT OF MONEYS
SEC. 864. None of the moneys mentioned in this title shall be
assignable either in law or equity, or be subject to execution, levy,
attachment, garnishment, or other legal process, except as provided
in section 634 (b).
PART H?OFFICERS REINSTATED IN THE SERVICE
SEC. 871. A Foreign Service officer, reinstated in the Service in
accordance with the provisions of section 520 (b) shall, while so
serving, be entitled in lieu of his retirement allowance to the full
pay of the class in which he is temporarily serving. During such
service, he shall make contributions to the Fund in accordance with
the provisions of section 811. If the annuity he was receiving prior
to his reinstatement in the Service was based on less than thirty
? years of service credit, the amount of his annuity when he reverts to
the retired list shall be recomputed on the basis of his total service
credit.
PART I?VOLUNTARY CONTRIBUTIONS
SEC. 881. (a) Any participant may, at his option and under such
regulations as may be prescribed by the President, deposit additional
sums in multiples of 1 per centum of his basic salary, but not in
excess of 10 per centum of such salary, which amounts together with
interest at 3 per centum per annum, compounded on June 30 of each
year shall, at the date of his retirement and at his election, be?
(1) returned to him in a lump sum; or
(2) used to purchase an additional life annuity; or
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(3) use.d to purchase an additional life annuity for himself and
to provide for a cash payment on his death to a beneficiary whose
name shall be notified in writing to the Secretary ly the par-
ticipant; or
(4) used to purchase an additional life annuity for himself and
a life annuity commencing on his death payable to a ben6ficiary
whose name shall be notified in writing to the Secret ary by the
participant with a guaranteed return to the benefic ary or his
legal representative of an amount equal to the cas a payment
referred to in paragraph 3.
(b) The benefits provided by subparagraphs 2, 3, or 4 of paragraph
(a) of this section shall be actuarially equivalent in value to the pay-
ment provided for by paragraph (a) (1) of this section arid shall be
calculated upon such tables of mortality as may be from time to time
prescribed for this purpose by the Secretary of the Treasury.
(c) In case a participant shall become separated from the Service
for any reason except retirement on an annuity, the amount of any
additional deposits with interest at 8 per centum per annum, com-
pounded annually, made by him under the provisions of this paragraph
shall be refunded in the manner provided in section 841 for the return
of contributions and interest in the case of death or withdrawal from
active service.
(d) Any benefits payable to an officer or to his beneficiary in respect
to the additional deposits provided under this paragraph shall be in
addition to the benefits otherwise provided under this title.
TITLE IX?ALLOWANCES AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCES
SEC. 901. In accordance with such regulations as the President may
prescribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U. S. C. 70) , the Secretary is authorized to grant
to any officer or employee of the Service who is a citizen of the United
States?
(1) allowances, wherever Government owned or re-ited quar-
ters are not available, for living quarters, heat, light, fuel, gas,
and electricity, including allowances for the cost of lodging at
temporary quarters, incurred by an officer or employee of the
Service and the members of his family upon first arrival at a
new post, for a period not in excess of three months afte::. such first
arrival or until the occupation of residence quarters, whichever
period shall be shorter, up to but not in excess of the aggregate
amount of the per diem that would be allowable to such officer
or employee for himself and the members of his family for such
period if they were in travel status;
(2) cost-of-living allowances, whenever the Secretary shall
determine?
(i) that the cost of living at a post abroad is proportion-
ately so high that an allowance is necessary to enable an officer
or employee of the Service at such post to carry on his work
efficiently;
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(ii) that extraordinary and necessary expenses, not other-
wise compensated for, are incurred by an officer or employee
of the Service incident to the establishment of his residence
at his post of assignment;
(iii) that an allowance is necessary to assist an officer or
employee of the Service who is compelled by reason of dan-
gerous, notably unhealthful, or excessively adverse living
conditions at his post abroad or for the convenience of the
Government to meet the additional expense of maintaining his
wife and minor children elsewhere than in the country of his
assignment;
(3) allowances in order to provide for the proper representa-
tion of the United States by officers or employees of the Service.
ALLOTMENT FOR OFFICIAL RESIDENCE OF CHIEF AMERICAN REPRESENTATIVE
SEC. 902. The Secretary may, under such regulations as he may
prescribe, make an allotment of funds to any post to defray the unusual
expensesincident to the operation and maintenance of an official resi-
dence suitable for the chief representative of the United States at
411) that post.
ACCOUNTING FOR ALLOWANCES
SEC. 903. All such allowances and allotments shall be accounted for
to the Secretary in such manner and under such rules and regulations
as the President may prescribe. The Secretary shall report all such
expenditures annually to the Congress with the budget estimates of
the Department.
PART B?TRAVEL AND RELATED EXPENSES
GENERAL PROVISIONS
SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay?
(1) the travel expenses of officers and employees of the Service,
including expenses incurred while traveling pursuant to orders
issued by the Secretary in accordance with the provisions of
section 933 with regard to the granting of home leave;
(2) the travel expenses of the members of the family of an
officer or employee of the Service 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;
(3) the cost of transporting the furniture and household and
personal effects of an officer or employee of the Service to his
successive posts of duty and, on the termination of his services,
to the place where he will reside;
(4) the cost of storing the furniture and household and per-
sonal effects of an officer or employee of the Service who is absent
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;
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(5) the cost of storing the furniture and household and per-
sonal effects of an officer or employee of the Service 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 residence
quarters, whichever shall be shorter;
(6) the travel expenses of the members of the family and the
cost of transporting the personal effects and automobile of an
officer or employee of the Service, whenever the travel of such
officer or employee is occasioned by changes in the seat of the
government whose capital is his post;
(7) the travel expenses and transportation costs incident to the
removal of the members of the family of an officer or employee of
the Service and his furniture and household and personal effects,
including automobiles, from a post at which, because of the preva-
lence 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.
(8) the cost of preparing and transporting to their former
? homes in the continental United States or to a place not more -
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status.
LOAN OF HOUSEHOLD EQUIPMENT
SEC. 912. The Secretary may, if he shall find it in the interests of the
Government to do so as a means of eliminating transportation costs,
provide officers and employees of the Service with household equipment
for use on a loan basis in personally owned or leased residences.
TRANSPORTATION OF AUTOMOBILES
Src. 913. The Secretary may, notwithstanding the provisions of any
other law, transport for or on behalf of an officer or employee of the
Service a privately owned automobile in any case where he shall deter-
mine 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.
PART C?COMMISSARY SERVICE
11111
SEC. 921. The Secretary may, under such regulations as he may
prescribe, and pursuant to appropriations therefor, establish and
maintain emergency commissary or mess services in such places abroad
where, in his judgment, such services are necessary temporarily to
insure the effective and efficient performance of the duties and re-
sponsibilities of the Service, such services to be available to the officers
and employees of all Government agencies located in any such places
abroad. Reimbursements incident to the maintenance and operation
of commissary or mess service shall be at not less than cost as deter-
mined by the Secretary and shall be used as working funds: Provided,
That each year an amount equal to the amount of the appropriation?
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for such service shall be covered into the Treasury as miscellaneous
receipts not later than six months after the close of the fiscal year for
which any such appropriation is made.
PART D-LEAVES OF ABSENCE
ANNUAL LEAVE
SEC. 931. (a) The Secretary may, in his discretion and in accord-
ance with such regulations as he may prescribe, grant an officer or
employee of the Service who is a citizen of the United States not to
exceed sixty calendar days' annual leave of absence with pay.
(b) Where an officer or employee on leave returns to the continental
United States, the leave of absence granted pursuant to the pro-
visions of paragraph (a) of this section shall be exclusive of the tame?
actually and necessarily occupied in going to and from the continental
United States, and such time as may be necessarily occupied in
awaiting sailing or flight.
(c) Any part of the sixty days' annual leave which an officer or
employee may receive and which is not used in any one year shall
be accumulated for succeeding years until it totals one hundred and
eighty days.
(d) The Secretary may in his discretion and subject to such regu-
lations as he may prescribe, grant to an employee of the Service who
is not a citizen of the United States thirty calendar days' annual leave
with pay each calendar year. Any part of the thirty days' leave not
used in any year shall be accumulated for succeeding years until it
totals not exceeding sixty days.
SICK LEAVE
SEC. 932. The Secretary may in his discretion and subject to such
regulations as he may prescribe, grant an officer or employee of the
Service sick leave with pay at the rate of fifteen calendar days each
calendar year. Any part of the fifteen days' sick leave not used or
availed of in any year shall be accumulated for succeeding years until
it totals one hundred and twenty days.
ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES OF ABSENCE
SEC. 933. (a) The Secretary shall order to the continental United
States on statutory leave of absence every officer and employee of the
Service who is a citizen of the United States upon completion of two
years' continuous service abroad or as soon as possible thereafter.
(b) While in the continental United States on leave, the service
of any officer or employee shall be available for such work or duties
in the Department or elsewhere as the Secretary may prescribe, but
the time of such work or duties shall not be counted as leave.
RESERVE OFFICERS ASSIGNED TO THE SERVICE
SEC. 934. (a) A Reserve officer' assigned to the Service from any
Government agency shall, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
accordance with the provisions of part D of this title during the period
of his assignment.
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(b) Under such regulations as the President may prescribe, a per-
son assigned to the Service as a Reserve officer from an:7 Government
agency may, notwithstanding the provisions of the Act of December
21, 1944 (58 Stat. 845; 5 U. S. C. 61b), transfer to the Service any
annual or sick leave of absence standing to his credit Et the time of
his assignment to the Service. On his return to the agency by which
he is regularly employed, he may transfer the aggregate of his accu-
mulated and current annual and sick leave to that agency but the
amount of leave so transferred shall not exceed the maximum which an
officer or employee of the agency to which he is returning may have to
his credit on the date of his return.
TRANSFER OF LEAVE OF ABSENCE
SEC. 935. Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept an appointment to the Service may
transfer to the Service any annual or sick leave of absence standing
to his credit at the time of his resignation from the Government
agency in which he was employed, but in no event shall the amount of
annual or sick leave of absence so transferred exceed the maximum
amount of the annual or sick leave of absence which may be accu-
mulated in either the Service or the Government agency to which such
person is appointed, as the case may be.
PART E?MEDICAL SERVICES
EXPENSES OF TREATMENT
SEC. 941. The Secretary may, in the event of illness or injury requir-
ing hospitalization of an officer or employee of the Service who is
a citizen of the United States, not the result of vicious habits, intem-
perance, 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.
TRANSPORTATION TO APPROVED HOSPITALS
SEC. 942. (a) The Secretary may, in the event of illness or injury
requiring the hospitalization of an officer or employee of the Service
who is a citizen of the United States, 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 Standard-
ized Government 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 for
the travel expenses of his return to his post of duty. If the officer or
employee is too ill to travel unattended, the Secretary may also pay
the travel expenses of an attendant.
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(b) The Secretary may establish a first-aid station and provide for
the services of a nurse at a post at which, in his opinion, sufficient per-
sonnel is employed to warrant such a station.
PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
SEC. 943. The Secretary shall, under such regulations as he may
prescribe, provide for the periodic physical examination of officers
and employees of the Service who are citizens of the United States,
including examinations necessary to establish disability or incapacity
in accordance with the provisions of section 831, and for the cost of
administering inoculations or vaccinations to such officers or
employees.
TITLE X?MISCELLANEOUS
PART A-PROHIBITIONS
AGAINST UNIFORMS
SEO. 1001. An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except
such as may be authorized by law or such as a military commander
may require civilians to wear in a theater of military operations.
AGAINST ACCEPTING PRESENTS
SEC. 1002. An officer or employee of the Service shall not ask or,
without the consent of the Congress, receive, for himself or any other
person, any present, emolument, pecuniary favor, office, or title from
any foreign government. A chief of mission or other principal offi-
cer may, however, under such regulations as the President may pre-
scribe, accept gifts made to the United States or to any political
subdivision thereof by the government to which he is accredited or
from which he holds an exequatur.
AGAINST ENGAGING IN BUSINESS ABROAD
SEC. 1003. An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage
for profit in any profession in the country or countries to which he
is assigned abroad in his own name or in the name or through the
agency of any other person, except as authorized by the Secretary.
AGAINST CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENTS
SEC. 1004. (a) An officer or employee of the Service shall not cor-
respond in regard to the public affairs of any foreign government
except with the proper officers of the United States, except as
authorized by the Secretary.
(b) An officer or employee of the Service shall not recommend any
person for employment in any position of trust or profit under the
government of the country to which he is detailed or assigned, except
as authorized by the Secretary.
AGAINST POLITICAL, RACIAL, RELIGIOUS, OR COLOR DISCRIMINATION
SEC. 1005. In carrying out the provisions of this Act, no political
test shall be required and none shall be taken into consideration, nor
shall there be any discrimination against any person on account of
race, creed, or color.
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PART B?BoNns
SEC. 1011. Every secretary, consul general, consul, vice consul,
Foreign Service officer, and Foreign Service Reserve offi :Tr, and, if
required, any other officer or employee of the Service or of the
Department before he enters upon the duties of his office shall give
to the United States a bond in such form and in such pe nal sum as
the Secretary shall prescribe, with such sureties as the Secretary
shall approve, conditioned without division of penalty f ar the true
and faithful performance of his duties, including (but not by way
of limitation) certifying vouchers for payment, accounting for, pay-
ing over, and delivering up of all fees, moneys, goods, eflects, books,
records, papers, and other property that shall come to h.s hands or
to the hands of any other person to his use as such officer or employee
under any law now or hereafter enacted and for the true and faith-
ful performance of all other duties now or hereafter lawfully imposed
upon him as such officer or employee, and such bond shall be con-
strued to be conditioned for the true and faithful performance of
all official duties of whatever character now or hereafter lawfully
imposed upon him, or by him assumed incident to his employment
as an officer or employee of the Government. Notwithstanding any
other provisions of law, upon approval of any bond given pursuant
to this Act, the principal shall not be required to give another sep-
arate bond conditioned for the true and faithful performance of
only a part of the ditties for which the bond given pursuant to this
Act is conditioned. The bond of an officer or employee of the Service
shall be construed to be conditioned for the true and faithful per-
formance of all acts of such officer incident to his office regardless
of whether appointed or commissioned as diplomatic, consular,
Foreign Service officer, or other officer of the Service. The bonds
herein mentioned shall be deposited with the Secretary of the Treas-
ury. Nothing herein contained shall be deemed to obviate the neces-
sity of furnishing any bond which may be required pursuant to the
provisions of the Subsistence Expense Act of 1926, as amended
(44 Stat. 688; 47 Stat. 405; 56 Stat. 39; 5 U. S. C. 821-823, 827-833).
PART C?GLFTS
? SEC. 1021. (a) The Secretary may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
of the Service or for the carryiner6 out of any of its functions. Con-
ditional gifts may be so accepted if recommended by the Director
General, and the principal of and income from any such conditional
gift shall be held, invested, reinvested, and used in accordance with
its conditions, but no gift shall be accepted which is conditioned
upon any expenditure not to be met therefrom or from the income
thereof unless such expenditure has been approved by Act of Congress.
(b) Any unconditional gift of money accepted pursuant to the
authority granted in paragraph (a) of this section, the net proceeds
from the liquidation (pursuant to paragraph (c) or paragraph (d)
of this section) of any other property so accepted, and the proceeds
of insurance on any such gift property not used for its restoration,
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[Pus. Lew 724.1
shall be deposited in the Treasury of the United States and are
hereby appropriated and shall be held in trust by the Secretary of
the Treasury for the benefit of the Service, and he may invest and
reinvest such funds in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest
by the United States. Such gifts and the income from such invest-
ments shall be available for expenditure in the operation of the Serv-
ice and the performance of its functions, subject to the same exami-
nation and audit as is provided for appropriations made for the
Service by Congress.
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority granted
in paragraph (a) of this section, shall be deposited with the Secretary
of the Treasury and he, in his discretion, may hold them, or liqui-
date them except that they shall be liquidated upon the request of the
Secretary whenever necessary to meet payments required in the opera-
tion of the Service or the performance of its functions. The proceeds
and income from any such property held by the Secretary of the
Treasury shall be available for expenditure as is provided in para-
graph (b) of this section.
(d) The Secretary shall hold any real 'property or any tangible
personal property accepted unconditionally pursuant to the authority
granted in paragraph (a) of this section and he shall permit such
property to be used for the operation of the Service and the perform-
ance of its functions or he may lease or hire such property, and may
insure such property, and deposit the income thereof with the Secre-
tary of the Treasury to be available for expenditure as provided in
paragraph (b) of this section. The income from any such real prop-
erty or tangible personal property shall be available for expenditure
in the discretion of the Secretary for the maintenance, preservation,
or repair and insurance of such property and any proceeds from in-
surance may be used to restore the property insured. Any such prop-
erty when not required for the operation of the Service or the per-
formance of its functions may be liquidated by the Secretary, and the
proceeds thereof deposited with the Secretary of the Treasury, when-
ever in his judgment the purposes of the gifts will be served thereby.
(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the
use of the United States.
PART D?AUTHORIZATION TO RETAIN ATTORNEYS
SEC. 1031. The Secretary may, without regard to sections 189 and
365 of the Revised Statutes (5 U. S. C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are
required for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
PART E?DELEGATION OF AUTHORITY
SEC. 1041. (a) The Secretary may delegate to officers or employees
holding positions of responsibility in the Department or the Service
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or to such boards as he may continue or establish any of the powers
conferred upon him by this Act to the extent that he finds such delega-
tion to be in the interests of the efficient administration of the Service.
(b) The Director General may delegate to officers or employees
holding positions of responsibility in the Department or the Service
any of the powers conferred upon him by this Act to the extent that
he finds such delegation to be in the interests of the efficient administra-
tion of the Service.
PART F?EXEMPTION FROM TAXATION
SEC. 1051. Section 116 of the Internal Revenue Code as amended
(53 Stat. 48; 53 Stat. 575; 56 Stat. 842; 58 Stat. 46; Code,
S. C. 116),
relative to exclusions from gross income, is further amended by adding
at the end thereof a new subsection to read as follows:
"(k) In the case of an officer or employee of the Foreign Service of
the United States, amounts received by such officer or employee as
allowances or otherwise under the terms of title IX of the Foreign
Service Act of 1946."
PART G?INTERPRETATION OF THE ACT
LIBERAL-CONSTRUCTION CLAUSE
SEC. 1061. The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
PROVISIONS THAT MAY BE HELD INVALID
SEC. 1062. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such pro-
vision to other persons or circumstances shall not be affected thereby.
HEADINGS OF TITLES, PARTS, AND SECTIONS
SEC. 1063. The headings descriptive of the various titles, parts, and
sections of this Act are inserted for convenience only, and, in case of
any conflict between any such heading and the substance of the title,
part, or section to which it relates, the heading shall be disregarded.
PROVISIONS OF THE ACT OF JULY 3, 1946
SEC. 1064. Nothing in this Act shall be construed to affect the pro-
visions of sections 1, 2, 3, and 4 of the Act of July 3, 1946 (Public Law
488, Seventy-ninth Congress) . The "classified grades" within the
meaning of that Act shall, from and after the effective date of this
Act, be construed to mean classes 1 to 5, inclusive.
PART H-AUTHORIZATION FOR APPROPRIATIONS
SEC. 1071. Appropriations to carry out the purposes of this Act are
hereby authorized.
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TITLE XI?TEMPORARY PROVISIONS
PART A?TEMPORARY PROVISIONS CONCERNING APPOINTMENTS AND
SALARIES OF auTiCERS AND EMPLOYEES OF THE SERVICE
REINSTATEMENT OF CHIEFS OF MISSION WHO ARE FORMER FOREIGN SERVICE
OFFICERS
SEC. 1101. Any person who on the effective date of this Act is a chief
of mission and who has previously been a Foreign Service officer may
be reinstated as a Foreign Service officer in the class of career minister.
TRANSFER OF FOREIGN SERVICE OFFICERS FROM OLD CLASSES TO NEW CLASSES
SEC. 1102. (a) Foreign Service officers on active service on the effec-
tive date of this Act shall, by virtue of this Act, be transferred from
the classes in which they are serving on such date to the new classes
established by this Act as follows: Officers of class I to the new class 1;
officers of class II to the new class 2; officers of classes III and IV to
the new class 3; officers of classes V and VI, to the new class 4; officers
of classes VII and VIII, to the new class 5; officers in the unclassified
grade, to the new class 6.
(b) Each officer so transferred shall under such regulations as the
Secretary may prescribe receive that salary in the new class which
shall as nearly as possible correspond to his relative standing in the
Service.
(c) Whenever, in accordance with the provisions of paragraph (a)
of this section, the officers in a new class shall be officers who previously
served in two former classes that were combined to form the new
class, the period of minimum service in class for the purposes of deter-
mining eligibility for promotion in accordance with the provisions of
section 622, shall commence to run from the date of their promotion to
the lower of the two classes from which the new class is composed and
from the date of their promotion to the higher of the two classes from
which the new class is composed for the purposes of computing the
minimum period an officer shall serve in a class before the commence-
ment of the period during which he must obtain a promotion in order
to prevent being retired. In all other cases, service in a former class
shall be considered as constituting service in the new class for the
purposes of section 622.
TRANSFER OF OTHER Ot ICERS AND EMPLOYEES OF THE SERVICE FROM THEIR
PRESENT POSITIONS TO NEW POSITIONS
SEC. 1103. The Secretary shall, under such regulations as he may
prescribe, provide for the transfer of the personnel of the Service,
other than persons occupying positions which under the terms of this
Act constitute them chiefs of mission and Foreign Service officers, to
corresponding positions established by the terms of this Act or by any
regulations issued pursuant thereto.
IN-CLASS PROMOTIONS
SEC. 1104. In making transfers of personnel in accordance with
the provisions of sections 1102 and 1103, credit for time served in a
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previous class or position shall be given for the purpose of d3termining
eligibility for in-class promotions in a new class in the same manner
as if such time had been served in the new class.
RULES GOVERNING THE MAKING OF SALARY DETERMINATIONS IN. CARRYING
OUT AN INITIAL CLASSIFICATION OF THE SERVICE
SEC. 1105. In making the initial classification of the Service for
Foreign Service staff officers and employees in accordance with the
provisions of sections 441 and 442, the following rules shall apply:
(1) The principle of equal compensation for equal wor irrespec-
tive of sex, shall be followed.
(2) If an officer or employee is receiving basic salary a t less than
the minimum rate of the class or subclass to which the ?osition he
holds is allocated, his salary shall be increased to the lowest basic
salary of that class or subclass.
(3) If an officer or employee is receiving a basic salary within the
range provided for the class or subclass to which the position he holds
is allocated, and at one of the rates within that range, no change shall
be made in his basic salary; if his basic salary rate is within the range
but does not correspond to any one of the rates prescribed for that
range by section 415, his salary shall be adjusted by fixing it at the
next higher rate above the rate which he is receiving.
(4) If an officer or employee is receiving basic salary at a rate in
excess of the maximum basic salary rate provided by section 415 for
the class of subclass to which the position he holds is allocated in
accordance with the provisions of section 1103, he shall not suffer a
diminution in salary as a consequence of the classification of the
position which he holds so long as he continues to occupy that position,
but if he is not receiving salary at one of the rates prescribed in section
415, his salary shall be adjusted by fixing it at the next higher rate
above the rate which he is receiving.
PART B?TEMPORARY PROVISIONS CONCERNING RETIREMENT
MANDATORY REnItEMENT
SEC. 1111. (a) Notwithstanding the provisions of section 632 regard-
ing the retirement of Foreign Service officers at the age of sixty years,
Foreign Service officers below the class of career minister shall, during
the first year after the effective date of this Act, be mandatorily retired
for age upon reaching the age of sixty-four unless their services have
been extended in accordance with the provisions of section 632; during
the second year, at age sixty-three; during the third year, at age sixty-
two; during the fourth year, at age sixty-one; and, thereafter, at age
sixty, but in no event shall any Foreign Service officer be rhandatorily
retired for age during such four-year period until he has had fifteen
years of service.
(b) No Foreign Service officer shall be mandatorily retired in accord-
ance with provisions of section 633 or 634 until three years after
the effective date of this Act.
RATE OF ANNUITIES TO BE RECOMPUTED
SEC. 1112. The Secretary shall cause annuities of all persons who are
receiving annuities from the Foreign Service Retiremert and Dis-
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41 [Pus. Lew 724.)
ability Fund on the effective date of this Act to be recomputed in
accordance with the provisions of section 821 (a) and annuities pay-
able to such persons shall, commencing on the effective date of this
Act, be paid at the rates so determined, but no such recomputation or
any other action taken pursuant to this Act shall operate to reduce
the rate of the annuity received by any such person unless such person
voluntarily elects to receive a reduced annuity as provided in section
821 (c).
PART C-MISCELLANEOUS TEMPORARY PROVISIONS
BONDS
SEC. 1121. The provisions of this Act shall not operate to impair
the validity of any existing bond furnished by any officer or employee
of the Service.
USE OF APPROPRIATIONS
SEC. 1122. Funds appropriated to the Department of State for
the fiscal year 1947, under the caption "Foreign Service", are hereby
made available for the purposes of this Act in accordance with
? authority granted herein and such regulations as the Secretary may
prescribe. The appropriation of such additional funds as may be
required to carry out the provisions of this Act is hereby authorized.
PART D-REPEAL CLAUSES
REPEAL OF PARTICULAR STATUTES
SEC. 1131. The following statutes or parts of statutes are hereby
repealed:
(1) Section 208 of the Revised Statutes, as amended by the Act of
May 29, 1928 (ch. 901, Public Law Numbered 611, 45 Stat. 987) (5
U. S. C. 163).
(2) Section 1674 of the Revised Statutes, as amended by section 6
of the Act of February 5, 1915 (ch. 23, Public Law Numbered 242,
38 Stat. 806). and as further amended by the Act of March 3, 1875
(ch. 153, 18 Stat. 483), and by that part of the Act of July 1, 1916
(ch. 208, Public Law Numbered 131, 39 Stat. 252), which constitutes
the second proviso under the heading "Salaries of Secretaries in the
Diplomatic Service" (22 U. S. C. 40 and 51).
(3) Section 1675 of the Revised Statutes as amended by the Act
4110 of March 3, 1875 (ch. 153, 18 Stat. 483), and by that part of title I of
the Act of February 27, 1925 (ch. 364, Public Law Numbered 502,
43 Stat. 1015) , under the heading "Diplomatic and Consular Service"
and the subheading "Ambassadors and Ministers" (22 U. S. C. 32).
(4) Section 1685 of the Revised Statutes as amended by schedule A
of the Act of March 2, 1909 (ch. 235, Public Law Numbered 292, 35
Stat. 673), and as further amended by section 3 of the Act of Febru-
ary 5, 1915 (ch. 23, Public Law Numbered 242, 38 Stat. 805), section
17 of the Act of May 24, 1924 (ch. 182, Public Law Numbered 135,
43 Stat. 143), hereinafter referred to as the Act of May 24, 1924, and by
that part of title I of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which reads as follows: "Provided,
That after June 30, 1924, vice consuls while in charge of a consulate
general or consulate during the absence of the principal officer shall be
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tPus. Lew 724j
42
entitled to additional compensation in the same manner and under
the same conditions as Foreign Service officers as provided in section
17 of the Act of May 24, 1924," renumbered as section 25 and further
amended by section 7 of the Act of February 23, 1931 (ch. 276, Public
Law Numbered 715, 46 Stat. 1210), hereinafter referred to as the Act
of February 23, 1931 (22 U. S. C. 20).
(5) Section 1686 of the Revised Statutes (22 U. S. C. 36).
(6) Section 1688 of the Revised Statutes (22 U. S. C. 29).
(7) Section 1695 of the Revised Statutes and section 3 of the Act
of April 5, 1906 (ch. 1366, Public Law Numbered 83, 34 Stat. 100),
which reenacted certain parts of section 1695 of the Revised Statutes
without specifically amending such section (22 U. S. C. 51a and 55).
(8) Section 1696 of the Revised Statutes (22 U. S. C. 58).
(9) Section 1712 of the Revised Statutes, as amended by the Act
?of June 18, 1888 (ch. 393, 25 Stat. 186) (22 U. S. C. 80).
(10) Section 1713 of the Revised Statutes, as amended by the Act
of June 18, 1888 (ch. 393, 25 Stat. 186) (22 U. S. C. 82).
(11) Section 1714 of the Revised Statutes (22 U. S. C. 71).
(12) Section 1738 of the Revised Statutes (22 U. S. C. 105).
(13) Section 1740 of the Revised Statutes (22 U. S. C. 121).
(14) Section 1743 of the Revised Statutes (22 IT. S. C. 125.).
(15) Section 1744 of the Revised Statutes (22 U. S. C. 33).
(16) Section 1748 of the Revised Statutes (22 U. S. C. 129).
(17) Section 1749 of the Revised Statutes (22 U. S. C. 130).
(18) Section 1752 of the Revised Statutes (22 U. S. C. 132).
(19) That part of section 1 of the Act of June 11, 1874 (ch. 275,
18 Stat. 67), which reads as follows: "And the Secretary of State is
authorized to allow and pay to the secretary of legation and to the
second secretary of legation and to the messenger of the legation in
Paris, from the moneys collected at the legation for the transmission
of consular invoices, an amount not to exceed in the aggregate six
hundred dollars in any one year, to be divided and distributed as the
Secretary of State may direct, provided that the surplus receipts are
sufficient for that purpose" (22 U. S. C. 37).
(20) Section 4 of the Act of June 11, 1874 (ch. 275, 18 Stat. 70)
(22 U. S. C. 122).
(21) The Act of June 17, 1874 (ch. 294, 18 Stat. 77) (22 U. S. C. 124
and 126).
(22) That part of the Act of January 27, 1879 (ch. 28, 20 Stat.
273), which reads as follows: "And it shall be the duty of consuls
to make to the Secretary of State a quarterly statement of exports
from, and imports to, the different places to which they are accredited,
giving, as near as may be, the market price of the various articles
of exports and imports, the duty and port charges, if any, on articles ?
imported and exported, together with such general information as
they may be able to obtain as to how, where, and through what chan-
nels a market may be opened for American products and manufac-
tures. In addition to the duties now imposed by law, it shall be the
duty of consuls and commercial agents of the United States, annually,
to procure and transmit to the Department of State, as far as prac-
ticable, information respecting the rate of wages paid for skilled and
unskilled labor within their respective jurisdictions." (22 U. S. C.
81.)
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43 riqrs. Lew 724.1
(23) That part of section 5 of the Act of February 14, 1903 (ch.
552, Public Law Numbered 87, 32 Stat. 827) , reading as follows:
"And all consular officers of the United States, including consuls-
general, consuls, and commercial agents, are hereby required, and it
is made a part of their duty, under the direction of the Secretary of
State, to gather and compile, from time to time, useful and material
information and statistics in respect to the subjects enumerated in
section 3 of this Act in the countriess-and places to which such consular
officers are accredited, and to send under the direction of the Secretary
of State, reports as required by the Secretary of Commerce and Labor
of the information and statistics thus gathered and compiled, such
eports to be transmitted through the Department of State to the
Secretary of the Department of Commerce and Labor," as amended
by section 3 of the Act of April 5, 1906 (ch. 1366, Public Law Num-
bered 83, 34 Stat. 100) ; by the Act of August 23, 1912 (ch. 350, Public
Law Numbered 299, 37 Stat. 407), and by the Act of March 4, 1913
(ch. 141, Public Law Numbered 426, 37 Stat. 736) (15 U. S. C. 175).
(24) Section 11 of the Act of February 14, 1903 (ch. 552, Public
Law Numbered 87,32 Stat. 830) (5 U. S. C. 162).
(25) Section 4 of the Act of April 5, 1906 (ch. 1366, Public Law
4110 Numbered 83, 34 Stat. 100), as amended by section 10 of the Act of
May 24, 1924 (43 Stat. 142), and renumbered as section 17 and further
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1209)
(22 U. S. C. 9).
(26) That part of section 8 of the Act of April 5, 1906 (ch. 1366,
Public Law Numbered 83, 34 Stat. 101) , reading as follows: "but this
shall not apply to consular agents, who shall be paid by one-half of
the fees received in their offices, up to a maximum sum of one thousand
dollars in any one year, the other half being accounted for and paid
into the Treasury of the United States" (22 U. S. C. 99).
(27) That part of schedule A of the Act of March 2, 1909 (ch. 235,
Public Law Numbered 292; 35 Stat. 672), which reads as follows:
"And hereafter no new ambassadorship shall be created unless the
same shall be provided for by Act of Congress." (22 U. S. C. 31.)
(28) Section 7 of the Act of February 5, 1915 (ch. 23, Public Law
Numbered 242, 38 Stat. 807), as amended by section 12 of the Act
of May 3, 1945 (ch. 105, Public Law Numbered 48; 59 Stat. 105,
hereinafter referred to as the Act of May 3, 1945 (22 U. S. C. 38) ).
(29) That part of the Act of July 1, 1916, which, under the heading
? "Salaries of Secretaries in the Diplomatic Service," authorizes the
President to designate and assign any secretary of class one as coun-
selor of embassy or legation (39 Stat. 252) , as amended by section 16
of the Act of May 24, 1924 (43 Stat. 143) , and renumbered as section
23 by section 7 of the Act of February 23, 1931 (46 Stat. 1210) (22
U. S. C. 18) .
(30) The joint resolution of September 29, 1919 (ch. 72, Public
Resolution Numbered 16, 41 Stat. 291) (22 U. S. C. 34).
(31) That part of the Act of June 1, 1922 (ch. 204, Public Law
Numbered 229, 42 Stat. 600), which under the heading "Diplomatic
and Consular Service" and subheading "Ambassadors and Ministers"
in title I authorizes the appointment of an envoy extraordinary and
minister plenipotentiary to Egypt (22 U. S. C. 34c).
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44
(32) Section 1 of the Act of May 24, 1921 (43 Stat. 140), renum-
bered as section 8 by section 7 of the Act of February 23, 1931
(46 Stat. 1207) (22 U. S. C. 1).
(33) Section 2 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 9 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1207) (22 U. S. C. 2).
(34) Section 3 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 10 and amended 'by section 7 of the Act Df February
23, 1931 (46 Stat. 1207), and as further amended by section 2 of
the Act of April 24, 1939 (ch. 84, Public Law Numbered 40, 53 Stat.
583), and by sections 4 and 5 of the Act of May 3, 1945 (59 Stat. 102,
103) (22 U. S. C. 3).
(35) Section 4 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 11 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1215), and as further amended by the Act of June
29, 1935 (ch. 337, Public Law Numbered 181, 49 Stat. 436)
(22 U. S. C. 4).
(36) Section 5 of the Act of May 24, 1924 (43 Stat. 141), renum-
bered as section 12 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208) (22 U. S. C. 5 and 6).
(37) Section 6 of the Act of May 24, 1924 renumbered as sections
13 and 14, and amended by section 7 of the Act of February 23,
1931, and as further amended by section 6 of the Act of May 3, 1945
(59 Stat. 103) (22 U. S. C. 7).
(38) Section 9 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 16 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208), and further amended by section 7 of the
Act of May 3, 1945 (59 Stat. 103) (22 U. S. C. 11).
(39) Section 12 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 19 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 8 of the
Act of May 3, 1945 (59 Stat. 104) (22 U. S. C. 12).
(40) Section 13 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 20 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209) (22 U. S. C. 14).
(41) Section 14 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 21 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 9 of the
Act of May 3,1945 (59 Stat. 104) (22 U. S. C. 15 and 16).
(42) Section 15 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 22 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1210), and further amended by the Act of. March
17, 1941 (ch. 20, Public Law Numbered 17, 55 Stat. 44) (22 U. S. C.
17 and 17a).
(43) Paragraph 1 of section 17 of the Act of May 24, 1924 (43
Stat. 143), renumbered as section 21 and amended by section 7 of the
Act of February 23, 1931 (46 Stat. 1210) (22 U. S. C. 10.
(44) Section 18 of the Act of May 24, 1924 (43 Stat. 144), as
amended by section 1 of the Act of July 3, 1926 (ch. 798, Public
Law Numbered 519, 44 Stat. 902), renumbered as section 26 and
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1211),
further amended by section 3 of the Act of April 24, 1939 (ch. 81,
Public Law Numbered 40, 53 Stat. 584), by the Act of July 19, 1939
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(ch. 330, Public Law Numbered 197, 53 Stat. 1067) , by the Act of
August 5, 1939 (ch. 441, Public Law Numbered 277, 53 Stat. 1208),
by section 1 of the Act of April 20, 1940 (ch. 118 Public Law Num-
bered 464, 54 Stat. 143), by section 4 of theAct of October 14,
1940 (ch. 859, Public Law Numbered 846, 54 Stat. 1118), and by
section 1 of the Act of May 13, 1941 (ch. 115, Public Law Numbered
69, 55 Stat. 189) (22 U. S. C. 21).
(45) Section 19 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 27 by section 7 of the Act of February 23, 1931 (46
Stat. 1213) (22 U. S. C. 22).
(46) Section 20 of the Act of May 242 1924 (43 Stat. 146), renum-
bered as section 28 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1213) (22 U. S. C. 23).
(47) Section 31 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1214), and
as amended by section 10 of the Act of May 3, 1945 (59 Stat. 105)
(22 U.S. C. 23f and 23g).
(48) Section 32 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1214), and as
Ask amended by section 5 of the Act of July 3, 1946 (Public Law 488,
lip Seventy-ninth Congress) (22 U. S. C. 23h) .
(49) Section 33 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1215), and as
amended by section 4 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 588) (22 U. S. C. 3a and 23i).
(50) Section 34 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1216) (22 U. S. C.
23j).
(51) That part of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1017), which under the heading "Diplo-
matic and Consular Service" and the subheading "Allowance for Clerk
Hire at United States Consulates" reads as follows: "Clerks, whenever
hereafter appointed, shall so far as possible, be appointed under
civil-service rules and regulations", and similar provisions in later
Acts (22 U. S. C. 56).
(52) That part of the Act of February 27, 1925 (ch. 364, Public Law
Numbered 502, 43 Stat. 1016), which under the heading "Diplomatic
Service" and the subheading "Clerks at Embassies and Legations",
reads as follows: "who (clerks at the embassies and legations) whenever
? hereafter appointed shall be citizens of the United States * * *
and so far as practicable shall be appointed under civil-service rules
and regulations", and similar provisions in later Acts (22 U. S. C. 35).
(53) Section 2 of the Act of July 3, 1926 (ch. 798, Public Law
Numbered 519, 44 Stat. 903) (22 U. S. C. 21a).
(54) Sections 1, 2, 3, 4, 5, and 7 of the Act of March 3, 1927
(ch. 365, Public Law Numbered 768, 44 Stat. 1394), as amended by
the Act of April 1t, 1930 (ch. 142, Public Law Numbered 122, 46
Stat. 163) (15 U.S. C. 197-197d and 197f).
(55) The Joint Resolution of January 22, 1930 (ch. 22, Public
Resolution Numbered 32, 46 Stat. 57) (22 U. S. C. 34a).
(56) The Act of June 5, 1930 (ch. 399, Public Law Numbered
304, 46 Stat. 497-499) (7 U. S. C. 541-545).
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46
(57) The Joint Resolution of June 5, 1930 (ch. 404, Public Reso-
lution Numbered 81, 46 Stat. 502) (22 U. S. C. 34b).
(58) The Act of January 21, 1931 (ch. 42, Public Law Numbered
509,46 Stat. 1040) (22 U. S. C. 32a).
(59) Section 1 of the Act of February 23, 1931 (46 Sta. 1207), as
amended by section 2 of the Act of May 3, 1945 (59 Stat. 102)
(22 U. S. C. 23a).
(60) Section 2 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. S. C. 23b).
(61) Section 3 of the Act of February 23, 1931 (46 Stat. 1207), as
amended by section 1 of the Act of April 24, 1939 (ch. 84, Public
Law Numbered 40, 53 Stat. 583), and as further amended by section
3 of the Act of May 3, 1945 (59 Stat. 102) (22 U. S. C. 23c).
(62) Section 4 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. S. C. 23d).
(63) Section 5 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. S. C. 23e).
(64) That part of section 209 of the Act of June 30, 1932 (ch. 314,
Public Law Numbered 212, 47 Stat. 405), as amended, which was
added to that Act by the Act of April 30, 1940 (ch. 172, Public Law
Numbered 499, 54 Stat. 174) (5 U. S. C. 823a).
(65) That part of Reorganization Plan Numbered II, made effec-
tive July 1, 1939, by the Act of June 7, 1939 (ch. 193, Public Resolution
Numbered 20, 53 Stat. 813), designated as subparagraphs (a), (b),
and (c) under section 1 of part 1 (53 Stat. 1431) (note under 5 U. S. C.
133t).
(66) Section 1 of the Act of May 3, 1945 (59 Stat. 102) (22 U. S.
C. la).
(67) Section 12 of the Act of May 3, 1945 (59 Stat. 105) (22
U. S. C. 24).
GENERAL REPEAL OR AMENDMENT PROVISION
SEC. 1132. Any statute that is not repealed by section 1131 but which
is inconsistent with any of the provisions of this Act shall be con-
sidered as having been amended or superseded by such provisions.
RIGHTS AND LIABILITIES UNDER STATUTES THAT ARE REPEALED
SEC. 1133. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not affect any act do:ne or right
accruing or accrued, or any suit or proceeding had or commenced in
any civil cause, before such repeal, but all rights and liabilities under
the statutes or parts thereof so repealed shall continue, and may be
enforced in the same manner as if such repeal had not been made;
subject, however, to the provisions of section 1134.
STATUTES PREVIOUSLY REPEALED BY IMPLICATION
SEC. 1134. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not be construed as a revival, up to
the effective date of this Act, of any statute or part of a statute that
may have previously been repealed by implication.
, .
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?
?
CONTINUANCE IN FORCE OF EXISTING RULES, REGULATIONS, AND
EXECUTIVE ORDERS
SEC. 1135. Notwithstanding the provisions of this Act, existing rules,
regulations of or applicable to the Service, and Executive orders shall
remain in effect until revoked or rescinded or until modified or super-
seded by regulations made in accordance with the provisions of this
Act, unless clearly inconsistent with the provisions of this Act.
? PART E?EFFEC17VE DATE OF ACT
SEC. 1141. The effective date of this Act shall be three months fol-
lowing the date of its enactment.
Approved August 13, 1946.
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GENERAL AUTHORITY
Section 6. In the performance of its functions, the Central In-
telligence Agency is authorised to:
(1) Procure necessary services, supplies and equipment without
regard to the provisions of Section 3709, Revised statutes (41
U.S.C. 5), as amended, upon certification by the Director, or an
official designated by him for that purpose, that such action is
necessary in the interest of the common defense and security or
upon a showing that advertising is not reasonably practicable, and
partial and advance payments may be made under contracts for such
purpose;
(2) Transfer to and receive from funds available to other depart-
ments or agencies of the Government such sums as may be authorized
by the Director of the Bureau of the Budget, either as advance
payment or reimbursement of appropriation, for the performance of
any of the functions or activities authorized in this Act, and any
other department or agency of the Government is authorized to trans-
fer to or receive from the Agency such sums without regard to any -;
provisions of law concerning transfers between appropriations.
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 other appropriations;
(3) Apply the provisions, in the Director's discretion and under
such regulations as he may prescribe of Sections 901, 911-913,
931-933 and 935-943 of Public, Law 724, 79th Congress, 2nd Session
to employees assipned to permanent duty stations outside the con-
tinental United states;
(4) Reimburse other Government departments and agencies for services
of personnel assigned to the Agency, and other departments and
acencies are hereby authorized, without rosard top pw-c?vIgstA;.rx= .r
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law to the contrary, so to assign or detail any officer or emm.
ployee for duty with the Agency;
(5) Exchange funds without regard to Section 3651 Revised Statutes
(31 U.S.C. 543);
(6) Authorise couriers designated by the Director to carry fire-
arms when engaged in transportation of confidential documents and
materials affecting the national defense and security;
(7) Notwithstanding the provisions of Section 6 of the Act of
August 24, 1912 (37 Stat. 555), or the provisions of any other
law, the Director of Central Intelligence may, in his absolute
discretion, terminate the employment of any officer or employee
of the Agency whenever he shall deem such termination necessary
or advisable in the interests of the United states, but such
termination shall not affect the right of such officer or employee
to seek or accept employment in any other department or agency of
the Government if declared eligible for such employment by the
United States Civil Service Commission.
/1?01110
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4
APPROPRIATIONS
Section 7. Appropriations!.
(a) There are hereby authorised to be appropriated such sums as
may be necessary to carry out the provisions of this Act, including
(b) Personal services and rent at the seat of Government and else-
where; preparation and transportation of the remains or officers
and employees Who die abroad or in transit, while in dispatch of
their official duties, to their forner homes in this country or
to a place not more distant for interment and for ordinary expenses
of such interment; rental of news-reporting services; purchase or
rental and operation of photographic, reproduction, cryptographic,
duplication and printing machines, equipment and devices, and radio-
receiving and radio-sending equipment and devices including telegraph
and teletype equipment; purchase, maintenance, operation, repair and
hire of passenger motor vehicles and aircraft* and vessels of all
kinds; printing and binding; purchase., maintenance* and cleaning
of firearms.
(c) The Acts appropriating Buda sums may appropriate specified
portions thereof which may be expended, (A) without regard to the
provisions of law and regulations relating to the expenditure of
Government funds or the employment of persons in the Government
service; (B) for objects of a confidential nature, such evenditures
?
0 certificate of the Director and
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-
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A
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0
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?
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MON.
a
lit
ehellLio authorised to *tip shell letters
ead ?oIperform
of Central Intelligence*
of thirst ?Meer or tn the see v- 4noy aria. at
es es any be 41,
t
he Dirqctc,,,- in the obsenee
tor
)fri
the Milted State*
es
imerd4 Ceest
be sestgami to
do
Shen tn am7 arraat an7
S4 QX in the
to or
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21
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Approve For For Release 2003/02/27 : CIA-RDP80-01370R000400010002-5
4
203 at ads Atit
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Approv For Release 2003/02/27 : CIA-RDP801370R000400010002-5
4
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Approved
1741t a.05t
Release 2003/02/27 : CIA-RDP80-01 OR000400010002-5
aoGn A 441,W1)% r..41N
Cflid ,71sleti8l4411.1
14141;
t :
pi 104 sod equiPowl-
4oviAed, ttu
1,4c LivItia4ai
advamo
moo*
anti MO,
sazzi C',1:4-1,41-
Oat
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Approve
r Release 2003/02/27 : CIA-RDP80-041
70R000400010002-5
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(b)
whore; i>1',(3,paretsiori urid t.r
&aid ettploy'aes 01-.) die Alx-f..,r4
Ui ofttcla dut4 OS
flOt
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serstc,
R000400010002-5
ntj1nr.4 r)
duplication and ;minting acenIcKs
zet1x and rolio.sanding iNuipnant d,
grsptiand tip q
*trondix pa
mU kirmie;
44 or firearm.
c) ThaplAstapri..;,ung
titor egad% eksy
of 8rite,
the ..3.2111:41
t ce4If14entiu1 nature
sololy Cho certificate of tho Direster
teU b u4 a sufficient Souther
'ted.
at; purchaao
MAUI
lea 4s3d
Pur
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Approve or Release 2003/02/27 : CIA-RDP80- 70R000400010002-5
ilk
3dactitin
Avow Ast
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Approve For Release 2003/02/27 : CIA-RDP8041370R000400010002-5
DRAFT 5 February 1948
A BILL
To provide for the administration of the Contra Intelli-
gence Agency, established pursuant to &motion 102,
National Security Act of 1947, and for other purposes.
Be it enacted by the Senate and Rouse of Representa-
tives of the United States of America in Congress
assembled.
DEFINITIONS
SECTION 1. That when used in this Act, the term
(k) "Agency" means the Central Intelligenee Assam,"
(.i) *Director" means the Director of Central Intelli-
gence;
1Dovernme11t agency" means any executive department,
commission, council, independent establishment,
corporation wholly or partly owned by the United,
States whieh is an instrumentality of the United
States, board, bureau, division, service, office,
officer, authority, administration, or other
establiehment, in the exseutive branch of the
government; and
(4) "Continental United States" means the States and
the District pf Coluibia.
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Director of Central Intelligence shall
cause a seal of office to be nude for the Central
Intelligence Agency, of such design as the President
shall approve, and judicial notice shell be taken
thereof.
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(A)' EXcept as authorised by the Director in oase
of emergency, no individual shall be assigned to or
employed for departmental duty by the Agency until
the Federal Bureau of Investigation Shall have made
investigation and report to the Agency am the
Character associations and loyalty of email
vidual.
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? Approved Release 2003/02/27 : CIA-RDP80-01#R000400010002-5
L,
amoriou In the performanee of its functions,
the Central Intelligence Agency is authorised to:
)
Apply the provisions of Sections 2(c)
(1),
(2), (3), (4),
(5),
(6), (10),
(12),
(15), (17), 3,
4,
5, 6 and 10
of the Armed Services Procurement Act
of 1 (presently H.R. 1366). In
aPPlYing these sections of the Armed
Services Procurement Act of 1948 to
the Agency, the term "agency heed"
shall an the Director, the Deputy
Director, or the Executive Director
of the Agency.
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In the event of the death of a person utilised
or employed by the Agency, when the Director Shall
certify that death occurred in connection with the
performance of extra-hasardous assigned duty, there
shall be paid out of funds available to the Agency,
to the wife, or, if no wife, to the dependent
children, or, if no mire or dependant children, to
the dependent parents, of such deceased person, the
sun of tan thousand dollars ($10,000) over and 'hove
all other death benefits, compensation, or other
payments provided for by law; provided that for the
purposes of this section, childrenumder eighteen (18)
years of age deal be considered dependant children.
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a. The Director is authorized to grant to any
employee of the Agency a leave of Absence with pay
from his regularly designated duties for the purpose
of allowing 'rush employee to carry on researdh or
study at or with domestic or foreign public or private
institutions, trade, labor, agricultural, or scienti-
fic associations, or commercial firma, end to contract
with such organizations to provide such research or study.
b. Leaves of absence may be granted and con-
tracts may be mode under authority of this Act only
for such reeeardh or study as, in the opinion of the
Director, will materially contribute to the more
effective functioning of the Agency through specialized
training end/or the acquisition of knowledge not other-
wise available to the Government.
c. The tuition and other actual incidental
academic expenses of any employee enrolled in any
organization for training pursuant to this Act ahall
be paid from funds available to the Agency, and the
expenses of transportation of said employees to and
from the school selected for such training Shall be
paid from funds available for travel expenses in
accordance with Government travel regulations.
d. Any employee, while absent on leave granted
pursuant to this Act, ahall be subject to the rules and
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regulations applicable to other employees of his agency
insofar as reeeipt of salary or compensation from other
sources than the Gave/meta of the United States is
concerned.
Any leave of
granted
provieicrn of this Act shall be gran
of salary or compensation to the emp
be deducted from any leave of abeam* with pay authorised
by any other law. Amy sudh employee shall nmke &definite
statement, in writing, that he will return to and, unless
involuntarily separated, will thereafter remain in the
service of the Agency for a period of two years if the
period of research or study for *Leh he is granted
mach leave of absence does not mooed aim months, or
for a period of three years if such period of research
or study swards six months. Any employes mho voluntarily
or through his own adsconduot fails to fulfill any such
commitment shall be required to reimburse the Govern.
went for any expenseaoover mod Above salary payments
to the employee, incurred by the Government in provid-
ing such research or study.
loss
shall not
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)itd6y
( ay). ?her Disieet iva#
shall prescribe, pay --
(1) the travel expenses of offieers and employees
of the Away including expenses incurred While
traveling pursuant to orders issued by the Director
in accordance with the provisions of section With
regard to the granting of home leave;
(2) the travel expenses of the sekbers of the
family of an officer or employee of the Agency
When. proceeding to or returning frashis post of
duty; saeaspanying his on authorized home leave;
or otherwise traveling in aceozdance with authority
granted pursuant to the terms of this or any other
Act;
(3) the cost of transporting tursiture and(
household mod personal effects of an Wiper or
employee of the Agency to his suecessive posts of
duty and, an the termination of his services to
oath regulations as4he
the plea* where he will reside;
ILLEGIB
(4) the cost of storing thei-proiture andlhousa.
hold and personal effects of an officer or employee
of the Agency who is absent under orders fist= his
usual post of duty, or who is aseved to a post
to
which, bessume of emergency conditions, he cannot
take or at Watch he is unable to use, his furnituN
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ILLEGIB
mi?
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and household and personal effects;
(5) the costar storing the furniture and house-
hold 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 establiSh
neat of residence quarters, whichever 104911 be
Shorter;
(I' (6) the travel expenses of the msrs of the
family and the cost of transporting the personal
) effects end automobile of an officer or employee
of the Agency, whenever the travel of suoh officer
or employee is Occasioned by changes in the seat of
the government whose capital is his post;
(7) the travel expenses and transportation costs
incident to the removal of the members of the family
of an officer or employee of the Agency and his
turn:Mu:wand household and personal effects, includ-
ing 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 neontlate have become the
post to which such officer or enployee has been
assigned.
FtilleReftift 28,304401GibeglitceitiiliWeittriiiir5their
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former home in the oct1nenta1 ttmd States or to a
lasoe not more distant, the remains of an offloer
or employee of the Agency mho is a citizen of the
United 3tates and of the members of his fmniky-mho
mew die Shroadar while in travel status.
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Approvedik Release 2003/02/27 : CIA-RDP80-01#R000400010002-5
(,&-.), in aseordenoe with endh regulations as the
ftrestant may prescribe and notwithstanding the
provlsioas of section 1765 of the Revised Statutes
(5 U.S.C. 70), the Director is authorised to grant
to any officer or employee of the Avner lobo is a
citizen of the United states ..
(1) allowances, whereverCkmmommont owned or
rented quarters are not available, for living
quarters, beat, light, fuel, gas, and electricity,
including allowances for the coat of lodging at
temporary quarters, incurred by an officer or
employee of the Agency and the mmMbers of his
family upon first arrival at avow post, for a
period not in excess of three monthssfter such
first arrival or until the occupation of real.
dance quarters, whichever period shell be shorter,
up to but not in ewes of the aggregate amount
of the per diem that would be allowable to such
officer or employee for himself and the nowhere
of his family for such period if they were in
travel status;
(2) cost.of.living allowances, mb*never the
Director shall determine --
(i) that the cost of living at a post abroad
is proportionately so itagh that an allowance
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. 2 -
is necessary to enable an officer or employee
of the Agency at such post to carry on hia
work efficiently;
(ii) that extraordinary and nesessary
expenses, not otherwise oompensated for, are
incurred by an officer or employee of the
Agency incident to the establishment of his
residsimee at his post of essigmmmnt;
(iii) that an allowance is necessary to
assist an officer or employee of the Agency
who is eompelled by reason of dangerous,
notably unhealthful, or excessively adverse
living conditions at his post abroad or for
the convenience of the Government to meet the
additional expanse of maintaining his wife
and minor children elsewhere than in the country
of his assignment;
(3) allowances in order to provide for the proper
representation of the United States by officers or
applayees of the Agency.
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Approved For Release 2003/02/27 : CIA-RDP 1eR000400010002-5 4-41
,LAA
x}-A
/
(a) he Director ?shall order to the continen-
t41 Unitod tat oz an statutory leave of absence every
officer and employee of the Agency who is a citizen
of the United States upon completion of two years'
continuous Licrvic;c abroad or no soon as possible
thereaftcw.
(b) While in the continental United States on
leave, the service of my officer or emplayee shall
be available for such work or dutias in the Agency or
elselihere aft-the-DirectOnnizr prkbe, but the time
of smah-work or duties shall not be counted as leave.
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(??). Vilhore au orficer or employee on loaw:' returns
to the continental United States, leave of absence
grante& shall be =elusive of the time actually and
necessarily occupied in going to and from the eon,
tinantal United tate- and such time as nay be
necesiarily occupied In awaiting sailing or flight.
/44, tt
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: r/L
?11 '
t)-01
Director may, notwithataMlxig the provisions
of arr other law, transport for or aft bsitalf of an
officer or employee of the Agency, a privately eased
automdbile in any 0830 %bin* he rthsil determine that
water, rail, or air trensportation of the automobile
is necetqspry or expedient ;for any part or of all the
distance between points of origin and destination.
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Approved F r Release 2003/02/27 : CIA-RDP80-01#R000400010002-5
(e). (k The Director say, in the event of illness
ok- injury requiring the hospitalisation of an offioer
Of amployeecC the Agency who is a oitisen of the
United states, not the result of vicious habits, in-
temperance, or misconduct on his part, incurred while
on 32s4nmenz ab:oad, 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 shell deem appropriate and without regard to the
Stsndardized Ocwernment Travel Regulations and section
10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U.3.0.
73b), to the nearest locality where a suitable hospital
or clinic exists.snd on his recovery pay 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.
4-
00 The Director mmy establish a first-aid station
and provide for the services of a miraa at a post at
whiCh? in his opinion, sufficient personnel is emplgyed
to warrant such a station.
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?
The Lareotor mays in the event of illness or
injury requiring hospitalization of en officer or
employes of the Agency mho is a citizen of the United
States, not the result of vicious habits, intemperance,
or misconduct au his part., incurred in tho lino of
duty while such Ars= is assigned abroad, pay for
the cost of the treatment of such illness or injury
at a suitable hospital or clinic.
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411 Approved or Release 2003/02/27 : CIA-RDP80-040R000400010002-5
The Dirsotor mays if he Shall tIM it in
the interests of the Government to do so as swans
of ellnonsting transportation oasts, provide officers
and employees of the Agency with household equipment
for use an a loan Unsis in personraly owned or
leased residences.
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Approved elease 2
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2-5
(ft-,) Transfer to and receive from othergovern-
ment agencies such sumo as may be authorised by
the Director of the Bureau of the Budget, (tither
as advanoo payment or rel rat of appropria,
tion, for the performance of any of the fUnctions
or activities authorimodymder 'Sections 102 and 303
of the National Security Act of 1947 (Public Law
253, 80th Congress), and any other government
agency is muthorised to transfer to or receive
from the Agency such ems without regard to any
provisions of law limiting or prohibiting trans-
fers between appropriations. Sums transferred
to the Agency in accordance with this paregliraph
may be expended for the purposes and under the
authority of this Act without regard to limitations
of appropriations from which transferred.
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ILLEGIB
Approved F r Release 2003/02/27 : CIA-RDP80-014R000400010002-5
(?-). ftshange funds without regard to Section
3651 Revised Statutes (31 11.3.C. 543)1
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Approved FoRelease 2003/02/27 : CIA-RDP80-0136R000400010002-5
(c) Reimburse other government agencies for
serviette of personnel assigned to the Agency,
and such other government agencies are hereby
authorised, without regard to provisions of
liar to the contrary, so to assign or detail any
officer or employee for duty with the Agency;
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Approved *Release 2003/02/27 : CIA-RDP80-0134R000400010002-5
(h. Authorise oouriers destpatel by the Director
to carry firearms wham. engaged in transportatiou of
confidential doomminta end materials affecting the
national defense and seeuvitYS
?
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Approved *Release 2003/02/27 : CIA-RDP80-01W000400010002-5
(() Make alterations, improvements mnd repairs
on premises rented by the Agency and per rent there.
fore without regard to limitations on expenditures
contained in the Act of June 30, 1932 as mended.
provided that in each case the Direetor dhall
certify that exeeptian from such limitations is
necessary to the successful performance of the
Agency's flinctions or to the security of its
activities.
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Approved F r Release 2003/02/27 : CIA-RDP80-0140R000400010002-5
) Notwithstanding Sectiaa 2 of the Act of 004
31, 1894, 28 Stat. 205,4 U.4.C.A, 6.22,/as emended,
or any other law prOhibiting the employment of eny
retired commissioned or, warrant Wiser of the
Armed Semis's, the Agway is hereby anthorised
to employ and to pay the oompeneation of SW
retired offieer ornament officer of the Armed
Services while performing service fir the Agway,
but nhile so serving such retired offioer will
be entitled to receive only the oompensation of his
position with the Agway or his retired pay,
mhichever he mey elect.
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Approved Ferelease 2003/02/27 : CIA-RDP80-013*000400010002-5
(9)
-ONEMIt?The be emmmpt from sush
portion of 8 4, 0 Act of Misreh 4, 1923
5 U.3.C.A. 664, as mmendsd? 'hi& authorises the
Civil Serviee Ccumission to review sod revise the
allocation of positions in the Agency and which
empowers the Civil Servioe Commission to render
final approval upon such allooations
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Approver Release 2003/02/27 : CIA-RDP80-Oa0R000400010002-5
SEM= . In the interests of the security of the
Sorel01 inteallasinee activities of the United stows
and
in order further to implement the proviso of
Section 102 (d)(3) of the Ratiamal Security Act of
1947 (Public Use 253, 80th Ocmgress, Let Session)
that the Direetor of Oentral intelligenee Shall be
responsible for protecting intelligenss souroes
and methods from' unauthorised disclosure, the Agency
Shall be exempted tram the provisions of SS 1 mad 2,
o. 795 of the Act of 28 August 1935, 49 Stat. 956,
957, 5 U.S.C.A. 654, mmi the provisions of any other
law uhioh require the publioatian or disclosure of
the organisation, functions, memos, official titles,
salaries, or numbers of personnel employed by the
Agency;
PROVIDED, That nothing in this section shall
be construed as preventing the 431,410mo of Bush
information to the duly constituted Committees of
the Congress, and
PROVIZED FURRIER, That in of
this seotion, the Director of the
the
Budget shall be exempted from making sash reports
to the Congress in oonnection with the Agway as are
required by 1 607, Title VI, e. 212 of the Act of
30 Awe 1945, 5 U.S.O.A. 947(b), as emended.
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Approved Filyelease 2003/02/27 : CIA-RDP80-013.000400010002-5
MICTION . Appropriations:
(1) Sums, made available to the Agency b appropriation
or otherwise, may be expended as necessary to carry out
the provisions of this Act, including:
(a) Personal services and rept at tbo,seat-
,.t;_,
of Government and elselhere,preparation and
transportation or the remains of offioers and
employees who die abroad or in transit, 'bile
in performs's* of their official duties, to
their former homes in this country or to a
place not more distant for interment, and
for ordinary expenses of Bush interment; penalty
mail; health eervioe program as authorised by
law (5 U.S.C. 150); rental of news-reporting
servioes; purshase or rental and operation of
photographic, reproduction, cryptographic,
duplication and printing washiness equipment
and devices, and radio-receiving and radio- sending
equipment end devioes including telegreph and tele-
type equipment; purchase, maintenanee, operation,
repair and hire of passenger motor vehicles and
aircraft, and vessels of all kindsprinting and
b/rdIng; purchase, maintenance, and ?leaning of
flrearmmlAsubjeet to policies established by the
Director, expenses of travel in connection idth,
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Approved *Release 2003/02/27 : CIA-RDP80-0134R000400010002-5
and expellees ineldent to attendance at meeting*
of professional, technical, scientific and other
similar organisations when such attendance would
be of benefit in the conduct of the work of the
1,1
Fri
agency;, award, compromise or settlement of claims
under the provisions of the Act of August 2, 1946,
(60 3tat. 843, 28 U.S.C.921); acquisition of land
or interest in land, construction, installation,
repair, rental, operation, and maintenance of
buildings, utilities, facilities and appurtenances.
(2) Of the sums made available to the Agway such por-
tions may be expended`
(a) Without regard to the provisions of law
and regulations relating to the expenditure of
Government fUnds or to the employment of persons
in the Government service; and
(b) Fbr Objeets of a confidentianeture, such
expenditures to be accounted for solely an the
certificate of the Director and every mach certifi-
cate ;dull be deemed a sufficient voudher for the
amount therein certified.
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Approved FoRelease 2003/02/27 : CIA-RDP80-010 R000400010002-5
swam OP PROVISIONS
aliCTICX/e". If any provision of this Act, or the
application of such provision to any person or cir-
cumstances, is held invalid, the reminder of this
Act or the applioation of such provision to persons
or circumstanses other than those as to mach it is
held invalid, shall not be affected thereby.
3110ET TITO
norm This Act smy be cited as "'The
Central Intelligence Ageney Act of 1948."
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?
Legislative Liaison Officer
Chief, Budget and Finance Branch
Proposed Legislation
16 February 1946
There is attached the copy of the draft of proposed ambling Legislation
applicable to this Avow which was released to the undersigned for review and
comment. It will be appreciated if you will return the attached copy of the
draft to this office for our future reference after it has served your purpose.
It will be noted that a number of suggested additions or changes have been
inserted in the draft. In addition to such notations, it is desired to recommend
that the following language be added in the appropriate portion of the draft an
indioated:
1. Aooeptanoe and utilisation of voluntary and unoompensated
services;
2. Purchase and distribution, free or otherwise, of special types,
of items ea authorised by the Director;
3* Travel on foreign registered ships; losses by exohange
4. Association and library dues
6. Under the provisions of 2(a) and 2(b) in such amounts as
approved by the Director of the Bureau of the Budget.
6. The Agency's personnel ceilings shall be currently established
or approved by the Director of the Bureau of the Budget without
regard to the provisions of any other law establishing annual
total government personnel ceiling', and data with respect to
the Agency approved ceiling *hall not be released for any
purpose without the joint approval of the Director of the Bureau
of the Budget and the Direetor, Central Intelligence Agency.
There are a number or items which should be discussed further, however, it
appears umneoessary to enumerate them in this memorandum since they concern
themselves with several related subjects which are (savored by various portions
of the proposed legislation.
STAT
R. R. Saunders
Chief,
Budget and Finance 'Branch
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ht..00t4,?/ A-14144'q-Ct'00
18 February 1948
MORAN= TO MR. Mal WARR=
MR, Z. SAISEMRS, CRIMP MOM &
MANCIt BRANCH
Can? SIRITIORS
13111?B?li
SOOJECT CIA Proposed Legislation
1, Att-.. . herewith is the latest draft, dated
16 February le-:, of proposed CIA legislation. This
draft incorporates certain estions which have been
put forward in connection with thislegiclation, after
consideration of the draft of 5 February.
- 2. Section 4 has been revised to the extent that
sub-sections have been added to allow for the delegation
of authority in questions of procurement Wherever pos.
Bible.
3. It will be noted, in connection with Section
6 on Education and Training, that ADOO objects vigor.
ously to this section and such objection will be noted.
At the present time, however, this section will (=time
to be included In the draft.
4. Some of the sub.sections of ilectitmx 7 have
been renuebered, so that several of the sub.sections
mey be inoluded under the over.all phrase, %leder such
regulations as the Directorestr6rescribe, the Agency
*hall. ? ." Sub.-sections 7(a)( concerning travel
owposioped by ?beiges in the sea of the government,
and T(a)(8) ceneerning the transportation of remains
In the draft of 5 February have both been eliminated,
IS afraid upon, the former section as not seeded and
the atter as included in the appropriations language
of Section 9.
Section 7(b)(2) of the present draft the
word sue hag been stricken froa line 3 preceding
the word wiworkw, as agreed upon, and the phrase as
the Director ay prescribe' has also been stricken as
1 in the beginning of Section 7. amnion -
7 the draft of 5 February, concerning allow.
ids for proper representation of the United
a1z been stricken, as agreed. Section 7(f)
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2
of the draft of 5 Februarywash provided officers and
employees with haasehold equipment an a loam basis, to
whidh40050 objected on the basis that it gas not needed
end hard to'administer, has been sliginsted? as agreed.
6. The general authority phrase, !Mn the per..
fore of its functions, the central Thumping*
Agency is authorized to. , which formerly appeared
st thebead of ftetion 4, ise; now been tretsferred to
thebead of Section 8 "Genera Authorities In son.
noction with 5estion 8(o), to ebb* ADO objected in
general on the ground that there was no need for the
section, it has been felt that the primary need for
the section is a need other than an BO one, particularly
for action within the United States and therefore it is
being retained for discussion.
7. Seetion 800 has been retained for disoussion
t that the orlainal proviso that nothing in the
should be construed as preventing disclosure of
tion to Committees of the Congress has been
stricken.
8. In &motion 9(a)(1) the phrase "I eluding en.
ployment of aliens" has been aped in lino 3 of the
present draft, and the phrase association and library
dues" has been added in lines 32 and 33 of Section -
9(a)(1) of the present draft, as suggestod by the Bud.
get and Finmase Drench. iv !Section 9(b)(2) of the
present draft, the phrase extraordinary or emersamm/
nature has bee* added to the draft, as suggested by ?
the t and FinanceBranch for purposes of discus-
sion ,in order that a policy decision ew be roadbed
an this point.
9. In smeordenoe with the memomambssthe Older- -
signedban the Chief of Budget and Finance Mdress-
lugcomments to the draft of 5 February, it has been
agreed as foliages
a) That present lam suffieigntly covers
the aseeptance and utilization of voluntary
and uncompensated services so that nothing
further need be added;
b) That purehase and distribution, free
or otherwise, of specie' types of items as
authorized by the ',erector is not advisable;
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e) That inclusion of provisions for travel
on foreign liegietered ships end for the nekIng
up of losses by oxibsings, are also net advisable;
d) That provisions for assoeiation and
library dues would be ineluded in Seotion 91
?) That further discussion, ly
with Bureau of the Budget would be bid to
determine proper phraseolou in oonneetion-with
datorminations as to the allooation of pro.
portions of voucherod to unvouchered funde;
f) That the proposed draft of 5 February
oontained language sufficient to bring an
exception to the necessity of the Investor of
the Bur sou of the Budget to report Agency
personnel eeilings to the Congress.
Legislative Liaison Officer
WLPforzheimer:blo
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STAT
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?
Sestion 1 Detin.itions
Section 2 Seal of Office
Section 3 Investigation at Petra**
Section 4 Procurement Autbenties
!Section 5 Death Benefits
Section 6 ililusatice end Trainin$
Section 7 Travels Alleassest snii *elate& s
a. Trefeel Au$0111141111 andT. Tj4?t$tt Costa
b. tome
s. of hatmobiXes
d. on rad Ispenimme at Illness
8
S.
SbeVAND 9 Appropriation
&potion 10 Separability of PrOlfiliabil
Section 11 abort Title
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ABM
established pursuant to
National Security Mt of 1947o and for oUwr purposes
Be it "sated 1) gyp Senate anit *ogee ofDaProaaata7
tives of the United Stets, of Anoztaa 1j COMP**
(0)
(d)
perulTion
1. That wham used in tlda Mt, the temn
Agency" seams the Central Intelligens* Agway;
"Director" means the Director of Central 'stall.
genoe;
"Governasnt agency" means ea
VO
sammissiano oouncilo independent *stabil to
corporation vhally or partly cumed by the United
States Uhieh is an instrumentality of the United
States, board, bureau, division nerviest office,
officer, authority, administration, or other
establiehmonto in the exeautive brameb of the
government; and
"Continental United States means the 3t&tes
the District of Columbia.
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=TIM2. The MIrsetor of
shall sow a seal of Orli* to be
*t.Uig
for the
Central Intelligens, Aigsmsig of sudh design an the
President Shell approve, and jedisisl nollse shall
be taken thereof. .
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lneept es authorised brDixeotor In
reensys no individual Shall be assigned to
or employed for departmental dmtly by the Agana until
the Federal aureau or Investigation shell Imo made
investigation and report to the Agana oft the Ohmmeters
associations and loyalty of 'mob individual
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PMOOVEMMEITAUTIMMITLIR
awrioii k. (a) In the performenso of its fUnstioms
the C.mtrs1 int.11IS.m.. Away is antherised to emay6
ciao the authorities contained in sections 2(s)(1), (2),
(4), (5), (6), (10), (12), (15), (IT). sod sestiams
3, 4, 5, 6 mmi 10 of the Armed Servioes Prosurement Mt
of 1947, (Mlle 2 * 80th (kmagroes, 2nd &melon)*
(b) In the mere's* at the authorities granted
In sub.seotioa (a) of this sealan, the tens 'Algoma
heed" shell moms the =rector, the Deputy Direstor, or
the ftecutive Bisector of the Agway.
(o) The determinations amd desisloas provided in
sUb.section (a) of this section to be node 1117 the AVIDAY
heed mew be mode ulth respect to Imdividsal vowelless*
and contrasts or with respect to classes of purshoses
or eontreets, and shall be flog. amsept as provided
in indo-seetion (4) of this sestion? the Agnew heed is
authorised to delegsts his powerolprovtied in this sec.
tion, imitating time inking of nab deteassimatices and
*mislabel in his discretion and elhjeet to his dime
-
tiara, to any other ofttear(or offieers)or offloials of
the Agenoy?
(d) The power of the Away head to asks the
terminations or decisions specified in paregrephe (12)
and (15) of section 2(e) and section 5(a) of the Armed
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Servises rtioftwastMt
it Vail
bob, &Am:intuition llesistan roesfizoi 114? 1.1100.11611
(IV and, (15) 1101414114 2(0). tray asethisai tor tif 110.-
tion 5(e) of the Armed ilimiviees Prestarisisat Mt or lora
*hall be based upon rattten findings made Iv the
meking mob determinations, shish findimp shin be
final and shall be available withim the ASMO7 for a
period of at least six (6) years following tbe date of
the &termination.
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? In the
utilised or employed by
*hal motif: that death
of Meath of s p?racit
Agerlai mho the Dizeotor
oesserect inlitemootUet with
the parftnimmese at extre-hasepayna duty,
there shall be paid out at Audi weellable to the
Anew* to the wife, ori it no wife* to the dcpeadeat
children, or, it no wife Or dependant atkildreas to
the dependent parents, of su ooesee$ paroce, the
mu or ton thousend dollars 0100000 or above
all other death beesatits liaillealsatiosi s other
peynente preriaed for by laws provided thst for the
purposes ot this sootiat. children Itelor eistateen (18)
years at ego aball be eissidared doyendeat ekildroa?
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EDUGAZDAIJONIINAMUM
SMOTIOB 6. (a) Tbo Director is authootmidi too Vont
to any coployee of the Alma alsave of absemeo with
pay from his rogularly dosigaateddMtios for the par.
pose of allowing such employee to savvy an researdk
or study at or with dowestio or foreign public or private
institutions, trade, labor, agrioultural, Or scienti-
fie assosiationa? or ormmersiel firms, and to contreot
with such organisations to provido such research or
study.
CO Loaves of abeisus q be granted and onn..
traota anw be made under thority of this Mt only
for such resew& or study is, in the opinion of the
Director, will isstoriallw mmtribute to the more
effietive fnmetleming at the Agana through specialized
training and/or the esquisition of bnimiodge not other
wise available to the Government.
(o) The tuition and other astusi imsidental
asadanic enpansos of velY imPlaree emnalmi inSill
orgasisatiemfOr tribibigvareuant to this Act shall
be paid fronfands available to the Ammo mad the
expenses of trensporisdasm of said applawees to and
fron the school selected for push training Shall be
paid fr.= funds available for travel enema in
secordenoe with Government travel regulations.
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(d) Any a,1cee,whileIbsen leave grunted
pursuant to this Act, Shell be object to the rules and
menlations applicable to ethesPesployeea of his agency
insofar as reeeipt of salary or compensation from other
souroes than the Government of the United &tate* is
concerned.
(e) Any leave of under the
provision of this Mt Shall be great without loss
of salary or compensation to the empleyee and shell
not be deduated from mmy leave of absence with, pay
authorised by any other law. Any Ana employee shall
melee a definite statement, in writing, that he will
return to and, unless involuntarily separated, will
thereafter remain in the service of the Agency for
period of two years if the period of research or study
for which he is granted such leave of &wane* does not
exceed six months, or for a period of three years if
such period of research or study exceeds six meths.
Any employee mho voluntarily or through his own mis-
oanduet fails to fulfill any such commitment shall be
required to reimburse the Government for any expenses,
over and above salary payments to the employee, incurred
by the Government in providing such research or study.
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TRAVIM4 ALLONAMOMS, AMMO MUM 1XPENSS$
? r such regulations an the Director
Nor prescribe the Annoy shall:
(a)(1) Pay the travel expenses or officers and
employees of the Alpena including expenses
ineurred while traveling pursuant to
orders issued by the Director in accordance
with the provisions of section 7(b) with
regard to the grantimg of hone leave;
(2) Par the travel expenses of the members of
? the family of an offioer or employee of the,
Avow 1111b913. proceeding to or returning from
his post of duty; accompanying him an
authorised home leave; or otherwise travel-
ing in accordance with authority granted
pursuant to the term of this or any other
Act;
(3) Pay the cost of transporting the furniture
and household and personal effects of an
off icer or employee of the Agency to his
successive posts of duty and, on the terming,
tion of his services, to the place miler* he
will reside;
(4) par the cost of storing the furniture and
household and personal effects of an officer
or employee of the Agway eh? is absent under
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(5)
(6)
orders tram his usual post of duty, or siho
is ameigned to a post to whisk because of
emergency oomditions, he cannot take or at
uhieh he is unable to use, his fUrniture
and household and pereossl West.;
Pay the cost of storill the furniture and
household and personal offsets of an officer
or employee of the Agency on first arrival
at a post for a period not ft exoess of
three months after *ugh first arrival at
such post or until the ostehliehmont of
res14es/4e quarters uhlehover shall be
shorter;
Pay tido
costs the
of the family of an officer or employee of
the Arena mud his furniture and household
and personal effects, including automobiles
from a post at *hid*, because of the prove,
lens. of disturbed oonditions there is
toil:nest danger to life mad property, and
the return of such persons, furniture, end
etfbets to such post upon the sensation of
sudh conditions; or to such other post as
may In the noontime have become the post to
Uhich sudh officer or employee has been assigned.
ic
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ChM) Order to the continental
statutory leave of absence
and employee of the Agency
ry off Leer
is a citizen
of the United States WU oapplistian of
two years' ecntinacus serviee abroad or as
soon as possible thereafter.
(2) While in the oontinental United States on
leave, the service of any officer or employee
shall be available for work or duties In the
Agency or elsewhere, but the time of such
work or duties ihall not be oemmted as leave.
(3) Where an officer or employee on leave returns
to the continental United States, leave of
abeemee granted shall be exclusive of the
time aatually and necessarily mewled in
going to and from the eontinental United
States, end such time as nor be necessarily
mewled in awaiting sailing or flight.
(c) Notwithstanding the provisions of any ether l.,
trepaport for or on behalf of NA officer or employee of
the Agency, a privately owned automebile in any ease mbare
he all determine that water, rail, or air transportation
of the automobile is necessary or expedient for any pert
or of all the distance between points of origin and destine.
tion
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In the event or UIness or injury requiring
the hospitalisation of an officer or elloloYie
of the Aglow who is a citizen of the United
States not the result of vicious habits In-
temperance, or miseemduat an his part in,
curved while on assignment abroad, In a
locality whore there does not exist a suitabli
hospital or ellnic? pay the travel expenses
of $ash ?Moor or amployse by utiatever mens
he Shall deem appropriate and without regard
to the StandardisedCWINamment Travel Hogula
tions and section 10 or the Mt of Karst 3
1953 (47 Stat. 1516; 5 U.S.C. 73b), to the
nearest locality where a suitable b04Pitel
or clinic exists and en his recovery pay for
the travel expenses of his return to his post
of 40y. If the offioer or employee is too
ill to travel unattended the Director
also the travel expenses of an attendant;
The Dtrethr establish a first-aid station
And provide for the services of a nurse at a
post at whligh In, his opinion, sufficient
personnel is emp oyed to warrant auchasi
(3) The Directors's& in the event of illness or
Injur7 requiring hospitalisation of an officer
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or a?1c7es of the Agency Who is a citizen
of the United States, not the result of
vicious habits, intemperance, or misconduct
an his part, incurred in the line of duty
while such rjrson Is assigned broad, pay
for the cost of the treatment of such ill-
ness or injury at a suitable hospital or
clinic.
(e) In aceordanes with such regulations as the Presi-'
dent may prescribe and notwithstanding the provisions of
section 3.765 of the Revised Statutes (5 U.S.C. 70), the
Director is authorized to grant to any officer or mmployee
of the Agency who is a citizen of the United States:
(1)
Allowsnees, wherever Government owned or
rented quarters are not available, for living
quarters, heat, light fuel gas, and elec.
trieity, including allowances for the oost
or lodging st temporary quarters, inourred
by an officer or employee of the Agency end
the mmibers of his family upon first arrival
at a new post, for a period not in excess
of three months after sueh first arrival
or until the occupatioa of residence quarters,
whichever period shall be shorter, up to but
not in excess of the aggregate amaunt of the
per diem that would be allowable to such
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officer or employee for himself and the
members of his foray for such period if
they were in travel status;
(2) Cost-of-living allowances, whevever the
Director shall determine --
(i)
that the cost of liv ng at a post
abroad Is proportionately so bigh
that an allowance is meoessary to
enable an officer or employee of the
Agency at such post to carry on Ilia
work efficiently,
that extraordinary x4 neeasai'y
expenses, not otherwise ecsensated
for, are incurred by an officer or
employee incident to the establishment
of his restdenee at his post of assign,
(iii) that an a11oiiaze is necessary to
assist an o,fieer or employee of the
Agency who is compelled by reason of
dangerous, notably unhealthfUl or exm
cessivay adverse living conditions at
his post abroad or for the convenience
of the Government to meet the additional
exp9nse of maintaining his wifo and
minor children elsewhere than in the
eountry of his assignment.
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111
of the
of the
A
performanoe of its
gascy is authorised to:
eM receive from other government
rised by the Director
r as advsnee payment
or reimbursement of mpprcipriation, for the performance
of any ot the functions or activities authorised under
5t,:ctions 102 and 30 of the National Seeurity Mt of 1947
Public Law 253, 80th Congress), and any other government
Agency is authorised to transfer to or receive from the
\gency such sums without regard to any provisions of law
liwiting or prohibiting transfers between eppropriations
Sums transferred to the Agency in accordant* with this
paragraph, mar be expended for the purposes and under the
authority at this Act without regard to limitations of
appropriations from Ithich transferred)
(b) ibechange funds vithout regard to Section. 3651
tlevtscxt 3tatutes (1 U.S.C. 543);
(0) Reimburse other government agemeies toz ser.
vices of personnel assigned to the Agana, and such other
government agencies are hereby authorised, without regard
to provisions of law to the contrary, so to assign or
detail any officer or ,loyee for duty with the Agency;
(d) Authorise courier* designated by the Director
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to carry firearms
confidential doeumentstM sat
national defense and securi
(e) Make alterations improvemmsts ext repairs
on ri
portation of
eating the
8
rented by the Agency and pay rept therefore
without regard to limitations on expenditures contained
in the Act of June 30, 1932, as amended provided that
in each case the Director Chan certify that exception
from such limitations is necessary to the successful
performance of the Agency's functions or to the security
of its activities)
(f) hotwIthstanding Section 2 of the Act of July
51, 1891, 28 stat. 2058 as amended, 5 U.3.C.A. 62, OP
any other law prohibiting the employment of any retired
commissioned or warrant offieer of the Armed Services,
the Agency is hereby authorised to employ and to pay
the compensation of any retired offiser or warrant
officer of the Armed Services while performing service
for the Asepsis but while so serving such retired officer
will be entitled to receive only the oompensation of
his position with the Agency or his retired pay, whidh-
r he ry elect,
(,
(g) fl. Agency shall be exempt from such portion
of # 4, c. 265 of the of March, 4, 1923, as emended
5 U.3 C.A. 664- mhidh authorises the Civil Service Com-
mission to review and revise the allocation of positions
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in the
mission to
? and which empower*the Civil Service Cam..
ruder final spnroval upon such allocation*.
AE the interests of the security of the foreign
tango:me activitios of the United States and in
order further to tmplemont the proviso of Section 102(d)(3)
of the National Security Act of 1947 (Public La W 253
3Cth Canick..
Intell.tcrpne