DECISION OF THE COMPROLLER GENERAL OF THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100160014-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 14, 2016
• Document Release Date: March 28, 2003
• Sequence Number: 14
• Publication Date: November 21, 1951
• Content Type: REGULATION

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UNCLASSIFIED
DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES
B-106516
(31 Comp. Gen. 191) November 21, 1951
The extraordinary powers conferred upon the Central Intelli~?nce
of 1949, to carry out its functions do not include authority
f
or Payment to the Agen 's employees - not sub ect to the
Classification Act of 19 9, as amended - of retroactive
increases in compensation equivalent to those authorized
by the Classification Act to be paid to employees oceu rin
positions subject to the act.
COMPTROLLER, GENERAL WARREN TO THE DIRECTOR OF :CENTRAL- Z.NTE LIGENC1!
Reference is made to your letter=.of-November 13, 1951 requesting
an opinion as to whether there is any-legal objection to the payment,
pursuant to authority conferred by section 10, Central Intelligence
Agency Act of 19+9, 63 Stat. 208, to employees of the Central Intel-
ligence Agency of retroactive increases in compensation equivalent
to those authorized by Public Law 201, approved October 28, 1951,
65 Stat. 612, to be paid to employees under the Classification Act
of 1949, 63 Stat. 9511.
Your letter outlines the history of that part of the Central
Intelligence Agency Act of 1949 which resulted in the conclusion
by the Congress that employees of the said Agency should not be
subject to the classification act. Also, it points out that, not
withstanding the freedom of action granted the' Agency in that regard,
an administrative policy of adherence to the provisions of the
classification act was adopted shortly after the above-cited
legislation became law.
Careful consideration has been given those matters, and the
discussion thereof, but they seem to be no-::different basically than
the matters discussed in decisions B-106332, B-106+49, and B-106525,
dated November 6, 15 and 20, 1951, respectively, wherein it was
concluded, for reasons stated therein, that retroactive increases
to the personnel involved were not authorized.. Here, as there, the
undisputed and controlling facts are that the employees are not
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e Comptroller General's Decision-B-106516
subject to the classification act, as amended, are not included in._
Public-Law :-2Cil, expressly or by necessary implication, and there
is no specific statutory authority for granting them retroactive
salary increases. To those facts there must be applied the long
established and recognized rule that retroactive salary increases
may be granted only by express authority of the Congress and may
not otherwise be granted administratively.
retroactive increases, you urge that you are authorized to pay such
increases to the Agency's employees by resort to the power conferred
by section 10 of the Central Intelligence Agency Act of 1949, 63
Stat. 212, which reads in part, as follows:
"Seca 10. (a) Notwithstanding any other provisions of
law, sums made available to the.Agency by appropriation or.
.otherwise may be expended for purposes necessary to. carry out
its functions, including
"(1) personal services, including personal services
without regard to limitations on types of persons to be
employed
However, notwithstanding established law with reference. to
41(2) supplies, equipment, and personnel and contractual
services otherwise authorized by law and regulations, when
approved by the Director.
"(b) The sums made available to the Agency may be-expended
without regard to the provisions of law and"regulations relating
to the expenditure of Government funds."
The extraordinary powers granted to the Central Intelligence Agency
by section 10 and other sections of the 1949 act and this I am
sure you will agree.. result solely from-the congressional recog-,
nition of the extraordinary functions assigned that Agency by the.
the Central Intelligence Agency Act of 1949 was pending before the.
This Office recognized that fact when the bill which became
UNCLASSIFIED
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UNCLASSIFIED
Page 3 d Comptroller General's Decision B-106516
Congress and for that reason:did not object to the grant of what must
be conceded as unusual authority. But I feel certain.it was not con-
templated by the sponsors of the bill or by the Congress that this
broad authority would be resorted to, or that it even contemplated
a disregard of any control with respect to the normal administrative
or operating problems which confront the ordinary Government agency.
-.On the contrary the act itself specifically and'in considerable
detail delineates the increased, authority of your Agency in those
matters. To adopt the view suggested in'your letter would be equiva-
lent to concluding that your Agency is authorized: to grant retroactive
increases, bonuses, or other perquisites to ariy or'all of its employees
with such frequency, or at such times, as desired, contingent only
on the availability of funds. I cannot attributer any 'such intention
to the Congress.
Under the circumstances, it must be held that the proposed retro-
active increases by the Central Intelligence Agency are not "necessary
to carry out its functions" within the meaning of the said section iC
and therefore, would be subject to legal objection.
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