POSITIONS IN EXCEPTED SERVICE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000300490003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: August 15, 2012
• Sequence Number: 3
• Content Type: MISC

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n Declassified and Approved For Release 2012/08/15: CIA-RDP90-00530R000300490003-8
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(1) the 'atitherity of the iiiilitat2y-defi.rtnients:s-tO irivestigate
*persons' or Offenses Over NVIlich the arin-c0 fOr4s-haVe?jurisdic-
ion'Under the'uniforrn Code Of Military juSe 4'(ehapter 47 of
:title 10) ; ormi; - *- ? ??
(2) ,the primary authority of the"-Post4naSter General to in-
yestigate postal offenset.
Added Pub.1,...-89-554, .? 4(C), Sept. 6, .1966,:80,Stat. .616.
? ? - ? - - - -
PArt,T141pIT O J
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C) ThiS siction'cloes not -?:.
Historical and Revision-Notes
,?Reviser's Notes ?'":?
, ?
-Derivat ion:United States Code Revised Statutes and Statutes at Large
5 U.S.C. 311a Aug. 31, 1954, ell. 1143, ? 1, GS Stat. pos.
F.apinnotory Notes. ,
The section is reorganized for clarity
and continuity.
In subsection (a), the word "may"
;Is substituted for "shall have authority".
The word "is" Is substituted for "may
have been or may hereafter be".
In subsection (e), the words "This see.
tion does not limit" are substituted for
Attorney General C=6.
United States c=a10.
,
Notes of Decisions
?
"that the ProVisioni of this section shall
not limit. An any way". The words
"(chapter 47 of title 10)" are added after
"Uniform Code of Military Justice to
reflect the codification of that Code in
title 10, United States Code.
Library References .
C.J.S. Attorney General ?? 5, 6.
C.J.S. United States ?? 38-40.
L rurpo.so
Even if special legislation might em-
power court to force prosecutions in
.some circumstances this section pertain-
ing to investigation of crimes involving
government officers and eeploYees dis-
closed no congressional intent to alter
traditional scope of Attorney General's
discretion so as to permit federal court
to order prosecution. Powell v. liat-
zenbach, 1065, 350 F.2d 234, 123 U.
S.App.D.C. 250, certiorari denied 86 S.Ct.
3341, 334 U.S. 906, 16 3,10.2d 359, rehear-
ing denied 86 S.Ct. 1534, 334 U.S. 067. 16
1.Edid 679.
j,.536. Positions in excepted service
All positions in the Federal Bureau of Investigation are excepted
from the competitive service, and the incumbents of such positions
. occupy positions in the excepted service.
Added Pub.L. 89-554, ? 4(c), Sept. 6,1966,80 Stat. 617.
Historical and Revision Notes
Reviser's Notes
Revised Statutes and Statutes M Largo
Aug. 31, 1964, PULL:SS-527, ? 201 (2nd
par. under "Federal Bureau of Investi-
gation"), 78 Stat. 713.
5 E.S.C. 341c (last July 23, 1939, ch. 503, ? 5 (last sentence)
sentence) Stat. 3S0.
Derivation: United States Code
5 U.S.C. 3005
148
?
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APPralPila
able. for
acter,yhe,n
under, Ole
shall eerrt'if:
specify, id
therein eXp
? Added Pub.
Explanatory
The sectio:
? for clarity.
provided" 3 a
The words '
-in thd',Intcr:
? itial Police :
The Act of
72 Stat.' 921
the Attor1e3
taint on belt
hership in
lice Orient
-
department:
ticipate in
' United St
Declassified an.d-4proved-For Release 2012/08/15: CIA-RDP90--06530R000300490003-8
r"? "6",- AV, eTiqe.nr..p45:44.,&tata,..plaba471hir
?
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33
' Exilariatory Note& :
'section Is revised and restated
to iitminato ambiguity and give true -of-
.
'tea :to the 'prohibition against .t.h..`,tise
?appropriations. to the Federal _Dorgan
:if Investigation. The ianguagO used to
.4'; 'define the excei)ted status of the pot-
affIcers, and employees Is based
_in revised sections 2102 and 2103 of title
4,.United States Code. ?
, ?
? BURtAil OF INVESTIGATION
f ? ?
. ? .
?,.
28 ?537;
Tho provisions of thia section were
',Made permanent by the Act of July IS.
.1950, 64 Stat. 330. Identical provision,
..appearIng in former ieetion 3004 OS title
5 are derived from the Department Of
Justice Appropriation Act, 1965, .and ear.
lier appropriation Acts for the Depart-
ment of Justice running back to. -1943,
*bleb Acts are identified In a note under
former section 3004 of title 5, 100
ed.
? 537. - Expenses of unforeseen emergencies of a confidential
character
Appropriations for the Federal Bureau of Investigation arc avail-
able for expenses of unforeseen emergencies of a confidential char-
acter, when so specified in the appropriation concerned, to be spent
?under the direction of the Attorney General. The Attorney General
shall certify the amount spent that he considers advisable not to
specify, and his certification is a sufficient voucher for the amount
therein expressed to have been spent.
Added Pub.L. 89-554, ? 4(c), Sept. 6, 1966, 80 Stat. 617.
Historical and Revision Notes
Reviser's Notes
'Derivation: United States Gado Revised Statutes and Statutes at Largo
5 U.S.C. 341e (less last July 28, 1030, ch. 503, ? 5 (less last sen-
sentence) tence), 64 Stat. 3S0.
Explanatory Notes.
The section Is revised and reorganized
for clarity. The words "now or hereafter
provided" are omitted as unnecessary.
The words "for expenses of membership
In the International CominIssion of Crim-
inal Police and" are omitted as obsolete.
The Act of Aug. 27, 1958, Pub.', 85-768,
72 Stat. 921 (22 G.S.C. 2d3a) authorizes
the Attorney General to accept and main-
tain, on behalf of the United States, mem-
bership In the International Criminal P0.
Ike Organization, and to designate any
departments and agencies which may par-
ticipate in the United States representa-
United States C=>S5.
lion with that organization; and author-
izes each participating department and
ageisey to pay Its pro rata share, as
determined by the Attorney General, of
the expenses of such membership. The
word "spent" is substituted for "ex-
pended". The words "certify the amount
spent that he considers" are substituted
for "make a certificate of the amount of
any such expenditure as he may think
It". The words "his certification is a
Sufficient voucher" are substituted for
"and every such certificate shall be deem-
ed a sufficient voucher".
Library References
C.J.S. United States 11.23.
r....r!.1.,..7.7.7.77"rre...rp?-??,..r.,...w. two,* ????,..r ^
?
149
Declassified and Approved For Release 2012/08/15: CIA-RDP90-00530R000300490003-8