EXPLANATORY NOTES ON STATUTES CITED FOR PROPOSED LEGISLATION-DRAFT OF 9 JUNE 1947

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100030011-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: March 4, 2003
• Sequence Number: 11
• Publication Date: July 2, 1947
• Content Type: MF

Approved For Release 2006/10/20: CIA-RDP90-00610R000100030011'
2 July 1947 P--l-
:iORANDULJ FOR LECISLjT IV LIAISON OFFICER
Su'o ject Explanatory Notes on Statutes Cited for
Proposed Legislation - Draft of 9 June 1947
The proposed bill is considered by sections and rotes
made on statutes cited therein.
SECTION 2(b) (2, -
1. '10 U.S.". 576 ;pro ,rides that any Arm officer
who accepts a civil office snail cease to an officer
of the Army, ard his cor_zaission vacated.. This statute
is expl_cit, and specific exception should be made in
the proposed legislation. Note that there is no such
blanket p ro'zibition. on - av--j officers, and consequently
no statute is cited for them-
2. The Fcreif;n Service Act of 1946 permits assign-
ment of Foreign Service officers to other agencies, I -lilt
Lakes special provision for assignment to the Department
of ,State, which to our rind .lakes unclear t_'e individual's
status when a_.si:nod to another agency; consequen-- ly,
specific exception was again made to prevent confusion.
SECTION 2(b)(3)
This section is intended to permit employment of
any retired officer of the named services. For this
purpose it is necessary to make exception to the pro-
visions of :
1. 5 U.S.C. 58, which prohibits more
than one salary from appropriated funds when
the combined mount exceeds $2000;
2. 5 U.S.C. 59 which qualifies 58 by
certain exceptions;
3. a'U.S.C. 59(a) which prohibits re-
tired officers from receiving retired pay if
the combined civilian and retired pay exceeds
",3000 per annum except as to officers retired
for combat disability or disabilities result-
in` from explosion of instrumentali.ty of war
Approved For Release 2006/10/20: CIA-RDP9O-006108000100030011-8
 Approved For Release 2006/194G: CIA-RDP90-00610R000100030011-8
The Act of August 24, 192 7 State 555,
5 U.S.C. 652
prohibits removal of c assified civil
service employees except for such cause as will
promote the efficiency of the Service, and for
reasons given in writing, with notice-to the person
affected of the charges preferred. Such a prohibi-
tion is not consistent with the peculiar security
requirements of an intelligence agency. The further
phrase " or the provisions of any other law
::" is included to eliminate other restrictions
such as special status given to veterans and general
administrative limitations on the discharge of em-
ployees.
ENCE B. HOU T TT
General Counsel
10/20: CIA-RDP90-00610R000100030011-8