OPINIONS OF THE OFFICE OF GENERAL COUNCIL CENTRAL INTELLIGENCE AGENCY VOLUME XIII 1960

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67-01057A000200030001-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 158
• Document Creation Date: December 19, 2016
• Document Release Date: November 21, 2005
• Sequence Number: 1
• Publication Date: January 1, 1960
• Content Type: REPORT

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OPINIONS
of the
OFFICE OF GFNERAL COUNSEL
CENTRAL INTELLIGENCE AGENCY
Volume XIII
(1960)
The volumes in this series contain in chronological order
notes, memoranda, and opinions of law (published and unpublished)
of the Office of Strategic Services, Strategic Services t'nit, Central
Intelligence Group, and the Central Intelligence Agency. They have
been compiled for the use of the Office of General Counsel and are
known as the Opinions of the General Counsel. Citations should
include the designation "OGC" and volume and page numbers as in
the following example: 13 OGC 37.
 5 daneeea7 1960
25X1A9A
ooc/sgrge(.)
25X1A2D1
1. car memmraaad~em of 89 DDIC r 1.959 regt*strd us advim of
this Office as to which of the 0 are aeattitled to file joint 2 5X 1 A 2 D 1
zetmrns and vbat pwooml - q tioaa aaeqr be cladaeed.
2. Insaa Aah as all of the II were acarssideszt alssr:s ftlat
2 5X 1 A 2 D 1
for part Of :~m Of thm Code of 19%), F___ rue __ mint ruba" (I villia t be 25X1 A9A
am&- to the a joint rsttan for 1,966 um m rime:.. big wit. viii not
arrive in the tbtitod States ver Oil after 1 Js n*ry 1960- Qt the bMIS
of the ink provided it is+ea, tbot all of u air I _j 2 5X 1 A 2 D
will be eligible to tale joint retkwns in 1961 on 'pair 1960 in?oare.
3 P.ah way tww a psrtoaal iooesoQtion for bisreif aaad
another eaa tion for his wife without rd to the no -
adftat
alien status of saeh during peat at the yams. - YLe 0 =7
tab* pexavnst saoaap1101100s for Saab dapeaden6 dhi1.d Provifte that
the ,M lad vas a resident of the Tbitsd States at rams time. drain
the tax yew.
Distribution:
Orig. & 1 - Addressee
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25X1A9A
25X1A2D1
25X1A2D1
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5 January 1960
MEMORANDUM FOR: The Record
SUBJECT: Procedure for Filing a Will in Arlington County
1. Under the law of Virginia, probate Jurisdiction is in the
Circuit Court of a county or in the Corporation Court of a city
such as Alexandria. The Clerk or Deputy Clerk of the Court may
act except in cases of persons presumed dead. Appeal lies from
the Clerk to the Court of Right (Code of Virginia, Title 64, as 72,
73 and 74). venue is: (a) in the residence of the decedent,
(b) if none, where real estate is situated, (c) if none, where the
decedent died or where he has an estate (Title 64, Be 72).
2. Where an Arlington Co ty decedent is involved, the will
may be presented to and probat forms obtained from the office
of the Clerk of the Court, Room 230, Arlington County Courthouse.
The two persons who are particularly responsible for such matters
are Mrs. Long and Miss White. The courthouse is open between the
hours of 8 to 5, Monday through Friday.
25X1A9A
Assistant General Counsel
Distribution:
Orig - OGC Subject
~~- OGC Chrono
1 - ll Chrono
25X1 OGCcpodi
25X1A9A
25X1A9A
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8 J=uwy 1960
25X1A9A
O
36. f9be.quilk0low weemestsd an as follows
AS i Ow ft a iAns ad i'sio gi and psr' t stata, it =or be
ss&A that msst, so flat as possible, obseo i the miss of
etviliaal . This is aqr isat fbr the OW*ft state in W&
r
that it aw aria as !"eQPeat of aislas' statas., as ti.n as give
4 i to !be.t+rWiaUs by the fios s.. .
! eiar is franc Cass (Vat" 8tatse 0 kv a a. court, 6R
v.a. Vff) vrotts 1 as thtlas~sa
etiril.'rlar' ? all ~*m Us mod" ssois amid so, eaa.eat, or
ft Heir iWas pt +ftbat, ...?
_tlgs#a fhe ;+~~es tip is vow awry! *a% the ?i i um of
alas of i lea am
troy- fit
tarsi b. its a to his pel,.oerae. sus
s +a tt+e prarti.. YiU aria rimes s, ia., ie. fths
uM w aaat:. ls, we w &M roars isssstty.
Ileitis ialr art Lad iyllrf : h ;tr
at dOr*ia1i 3 to
Mat aiM ii aa~3atiaa~a3ii1
. a rMyr~ a !oath a 4y a b*e
4 hei r fO~IA~#a~ Mati. ftw~'V it ^arrro be anl&
NOW
~IAa i al r, tao ~r~r is
WILAdIft 44"
! `scat is to Ow among*** fto
iat t6ht?wit
bow lob= ttusk -P - at
^ a + iaa at ak bd* t for.. a ftmal pour that the
o8 4^raibo . s goo" it @q%w e by the
r~rwa`rrt
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"Indeed, the &oviet delegation to that conference exin eased'the view
that the effect of Article 2 of the Charter of the United Rations had
already brought the regulation of colonial and civil wars within
the purview of international Iaw."
These quotations really starate only that while the terse of the
Geneva convention, Article 3 prevent only &==my execution and permit
punishment for airy reason after trial the writers cowed feel that in the
case of insurrection international lax goes somewhat farther than the
expression contained in Article 3.
25X1A9A
Distribution:
Orig. and 1 - Addressee
1 - Subject
1 - Signer
'`1 - Chrono
OGC/CFB/mmw (8 January 1960)
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vac 6o0036
11 January 1960
X cOMNDUM FOR: Chief, FE Division
25X1 A9PATrSFTxos s
SUBJECT:
25X1A8A
Motor Vehicle Accident, 25X1A9A
Question of Personal Liability for Repairs
25X1 A6C 1. I dated 27 Sovember 1959 to advice as to whether
provisions of paragraph 4(b)(3) Of may be applied to an 25X1A6C
accident occurring on i0 September 1959. IF war prOMulgrated as 25X1 A6
25X1 A6Cof 2 October 1959. 0 dated 9 October 1959 reports action taken
25X1A6Aby the Chief of Station, Q in this case. The correctness of
this action is also in doubt.
2. The wee occurred when to whom the 25X1 A9A
quasi-personal vehicle had been assigned, drove it off the adds of a
road and collided with a tree. Damages amounted approximately to
$492.40. The evidence appears to be in conflict as to the circumstances
lending to the accident, but the investigating officer found 0 25X1 A
"guilty of negligent driving and therefore responsible for the resultant
damage to the Government vehicle." I has been directed by the 25X1 A9
Chief of Station to pay these coats of repair.
25X1A6C 3. should not be' applied in this ease because it did
not exist as an Agency regulatAm at time this accident occurred.
25X1 A6CT controlling regulation is 8ia09 the monetary amount
involved is lass than $1000.00, paragraph 7(b) of this regulation author-
ises the Chief of Station to take final action sub3tct to the right of
appeal therefrom to the Director through the Headquarters Board of
Survey. A series of cases considered the Headquarters Board of
Survey prior to the publication of considered
and involving authorised 25X1 A6
personal use of quasi-personal vehicles resulted in either (a) non.
assessment of any pecuniary liability if the facts of the case were
considered to amount to ordinary negligence or (b) assessment of full
pecuniary liability if the facts were considered to amount to gross
negligence.
4. Since these two alternatives are open for consideration in the
present case and since the money amount places authority with the Chief
of Station for making a finding relative to pecuniary liability, it is
fi
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SUBJECTS Motor Vehicle Accident,
Question of Personal Liability for Repairs
25X1A9A
recommended that the evidence in the case should now be reviewed by
the Chief of 8tstioSt in order to make a determination on thL- degree of
negligence involved- The cane lusion of the investigating officer ties t
he "finds Oguilty of negligent drivin is not an adequate
basis for the Chief of Station to direct to Pay
full &a-,
of the damages. The Chief of Station himself should make the otft iajt
finding, and it is advisable that be be explicit in his conclusion that
he finds the negl.igance involved either "ordinary" (with resulting
non-nssessssme t of pecuniary liability) or "gross" (with resulting atsse^es-
pecuniary liability for cost of repairs)
5. To assist the Chief of Station in making this decision, he
should use the following definitions t
a. Ordinary negligence means m Moderate deviation from the
prudent, reasonable standard of care and judgment that the cir-
cunstanees sensibly demand.
b. Gross negligence means a flagrant, wanton, or extreme,
deviation from the prudent, reasonable standard of care and
Judguent that the circumstances sensibly demand.
5. Since the possibility of taking disciplinary action is dieatiact
from the assessment or non-asseast nt of Pecuniary liability, cognizant
supervisory officials may take or refrain from taking action of this
sort as is believed appropriate under the circumstances.
25X1A9A
Assistant Gensl Counsel
cell Chairman, 8qs Board
of Survey
Distribution:
Orig & 1 - Addressee
- Chairman, SBS
1 - OGC Subject y~:?~.G-}
- OGC Chrono
iX -
Chrono 25X1A9A
25X1A9
25X1A9
OGC 25X1A9A
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aGC/B-9822
AMtM FM t ter. Houston
BUB s GEHA Tax M=n tion Problem
1. The various prorisivtM pertinent to this problem are:
a. The D. C. Charitable Corporations Statute provides:
"Any three or more persona of full. age, citizens of
the United States, a majority of wham shall be citizens
of the District, who desire to associate tbemselves for
benevolent, charitable, educational, literary, musical,
scientific, religious, or missionry purposees including
societies formed for mutual impravemnt or for the
prowotion Of the arts, may" etc.
b. The provision of the Internal, Revenue Code at 19%
corresponding to the 1939 Provision under which GEHA is exar
is Section 501(c)(i0), which provident
"(1-0) Voluntary eUlc"ea' beneficiary associations
providing for tthe ~ Pac r nt of life, sick, accident, or other
benefits to the aembers of such association or their
dependents or their designated beneficiaries, if --
"(A) edaission to membership in such association is
U. i ted to iadlvidu`ls who we afiaers or easpIWO&s of
the United States. Uovertseent, and" etc.
folLc>. t The original MA charter prescribes objectives as
"Mi ? Tb Partioular business and objects of said
corpors"on shalt be an eep3 ses' beneficiary association
providing fast 'WM p*oncat of a cident and hospital benefits
to members or their dependents."
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d. The, amended charter:
"Tbe particular Vurpoees and objects off' the said
cox'oratien shall be to etrtgage in benevolent, educational.
and scientific activities and for the mutual impswvement
of its aemberre. "
e. The provision of the Internal Revenue Code which sub-
staztially corresponds to the D. C. Charitable Corporations
Statute, Section 501(c)(3), provides:
"(3) Corporations, MA OW r oo ty cheat, fuels or
foundation, organized and operated exalusiv 1y for religious,
charitable, scientific, testing for public safety, literary,
or educational purposes, or for the prevention of cruelty
to children or animals, no part or the not earnings of
which imams to the benefit of arty private shareholder or
individual, no substantial part of the activities of which
is carrying on propaganda,, or otherwise att gptitr g, to
influence legislation, and which does not participate in,
or intervene in (including the publishing or distributing
of statements), any political campaign on behalf of any
candidate for public office."
2. Internal Revenue bn,~~. tad and it may be that they will
25X1 A9Ani0t disturb our situation. however, informally advises be
thinks Revenue will have to some adverse action, for the reason
that the amenled charter does not provide for an organization which
could be exempt under Section 501(c)(10), and although the charter might
qualify for enemption under Section 501(o)(3), GM activities in fact
do not. If and when Revenue rules against us perharps we could amend the
charter once more. But we may then be found with additional difficulties.
For eicample, although the D. C. Sgerintendent of Corporations has been
helpful and has accepted both our original certificate of i corporation
and the amendment, it seems quite likely that the charitable corporations
statute really is not designed for purposes such ae GEHA and in fact we
should not be permitted to incorporate under it, Secondly, even if we
are able to amend our charter to omit the specific langua4p to which
25X1A9A I objects, namely, "benevolent, educational and scientific
activities" the remaining language "for the mutual improvement of its
members" might be considered as failing to qualify under Section 501(c)(3)-
3. Perhaps the ultimate corrective action would be to abandon the
corporate form of GERA and convert to an unincorporated association of
CIA employees. This, of course, would require liquidation of the
corporation, including disposal of its assets and further would require
ci
- 2 -
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ne?vti*tions With tho Civil Service Coami,ssion so as not to etrianger
health benafita available under the weir Act for GERA members. On this
point I am aching in the Act wbicb Would preclude us from proceeding
in this msonar, but of cou ee it Would be necfsesay that the Civil
Service Caaadaaion agree on that point.
25X1A9A
v6%ajar
Distributions
Orig. A 1 -
1.1
1. - BEL C brow
3. - C)u ono
1 O
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OGC 60-0006(a)
IKtt s Comptroller
Djrlprs Designation of Residence for Pa-poses of Leave Folloving
Overseas Assign *ent ' 25X1 A9A
RBA it endue to the General Counsel from the Comptroller,
dated 4 January 1960, wanes subject
1. We have yoar mrmarandum of 4 Jaau 1960, in which you note
25X1 difficulties with pars sph 7e of in connection with the above
subject. We agt'ee that the wording of this provision should be changed
in order that it may are clearly d,ralinerate the standards by which approval
will be granted fair requests fOr changes in designated places of residence.
It is also oiZE' feeling that the expression "legiticte and bona fide hors"
is difficult to define and therefore adds to the confusion. If we can
be of assistance in drafting new language for this provision, we should be
happy to do so.
2. With respect to the specific request contained in the referenced
dispatch, and transmitted with your c orsneful, we feel, that it is clear
that the present regulatory provision contemplates changes in designated
places of residence only if based on circuustances Which have changed
since the pries desigmttion. Further, we perceive, within the meaning
of the regulation, no "undue hardship" which would be alleviated by the
requested +ehange, nor has it been suggested that the Individual is
"compelled by necessity to change steak residence." Under these circum-
stances, and based on the justification contained in the referenced
dispatch, we feel that a change of designated residence for home leave
pte-poses would, in this instance, be contrary to the regulation.
Dispatch
same subject
25X1A6C
Distributions
Orig. and 1 - Addressee
1 - Sdb ject
l ..r Signer
Chrono
OGC/HRC/rm (12 January 1960)
LAWRENCE R. Fi0U 1T
General Counsel
 25X1 C4E
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OGC/B-9829
lk Jam my 1960
ELM F'Ms We Houston
s ai c'T : GS IA-CIA Meeting of January 15
25X1 A9A , , u--
to
ruin
h
a
e own wing "'or
Friday, which is scheduled for 2:00 in the Director's Conference Room.
-
As I Understand it, he wants aunt from GM and the Agency on two
propositions, one of which would follow from the other:
as MA to elect a is stationed overseas will not be allowed
program other than the G MA program,
be Civil Service literature on the Qovsr* snt-wide
program will not be furnished overseas.
2. The Act provides that =W employee meW enroll in an approved
health benefits plan and that a "transfer cC enrollment from one health
benefits plan described in Section Is. to another such plan may be made
by an eveloyre or annuitant at such tines and under such conditions as
??W be prescribed by regulatiow of the Coaslcn
W The d
.
raft CSC
regulations submitted weeks ago bays S. similar provision. when
25X1 A9 asel I met with CRC ~+epj~esentatires
ld
,
r.
5X1 A9A advised that we would probably require caw people not to
enroll in aR- p other than the QRHA plan. Althaggh poesibltiy neither
we Door Civil Service Commitesion as a Matter of laer could derpr one of ow
eMpl fees the opportunity to elect the 4ovarad:ent.+vIft program if be so
desires, I would think there is no reason VIXr we could not use adminis..
trative measures to do so sad
25X1 A9A e as a practical. approach, namely, overseas sWLopfass would be reqMired
a
ass oondition Of assigizmnt," to enroll only in the MA plan. +
3. Bays the agreement, the meeting as I understand it, is designed
mainly to be iafOarmative and to bring both the Board sad the Aglerecy
reprsentatives VP to date on progress.
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4. I gather developments unrder the BeeJ.th Act are substantially
as follme3
a. QZW plans to negotiate with II to iu rove its 25X1A5A1
contrast, that is, now that a portion set premiums will be
paid by the Government, more benefits will be sought with
no iaarea" in plum paid by the eWlayve. 25X1A9A
save the Civil Service Commission wants to deal with us on
our new plan., rather than our existing plan, and he is
directing hie efforts to this and, However, it should be
possible to abandon this approach and first qualify our
existing plan, leaving to the future negotiation of an
approved plan.
b. In early Dec a ber, CSC addressed a letter to GIZA
(presumably also to all other interested parties) trans-
mitting a Report of Progress and draft CSC regulations.
This was followed by a memorandum of Minimum Standards for
Employer Organizations and Epplcayeee Organizations Health
P leans, January 5, 1960. Several dates and deadlines,
pertinent to aRBA, were set forth.
i. Draft regulations were submitted on December 4
and written comment requested by December 14. GEHA,
without OCC or CIA participation, submitted comments on
December 14. Draft regulations are to be submitted to
the Commissioners by January 15 for tentative approval
and published in the Federal Register "in the form of
proposed rule-meking" by February 1 and as approved
regulations in final form by March 15.
ii. In October a CSC letter went to GERA and other
employee organizations inviting them to submit, by
December 31, prime facie evidence of eligibility. GEHA
replied in November and on December 16 the CSC advised
GERA that the CSC had made a finding that GEHA qualifies
as an employee organisation under the Act. The CSC
further indicated that it is hoped to approve the GTLIA
plan (and those of all other employee or nizations), or
advise that the plan is not approved, by March 1. For
this purpose, GERA is to submit, by February 15, the
constitution and by-laws (emended as necessary), the
contract and all riders and ondorsoments, "the official
requirements for enrollees the health plan," a
etateeseant from GEFRA that is Lwrf ally engaged in
the business of mpplyin6 health benefits "with citations
to appropriate statutes," a copy of 0 last annual
report, a breakdown of premium charges and a PiemorardLn
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of Agnmumt (CSC A to be prepared by CSC) that the
Pis gill continua in effect until November 1*
& ad v1i]. be reamed azwn*lly, azz t]*t GERA viii.
edvIn C'8C dWuWx in the aonstitutiozs a by-1avs.
25X1 A9A is collecting this materisl.
25X1A9A
OGC/Rmsjar
Distribtitbicnt
Orig. & 1 - Addressee
5X1 1
1
L-1 = Beat
Assistant General Coimeel
-3
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5X1A9A
1. Returned herewith are your messaorsnduin of 12 January 1960
Its attached claim with our endorsement on the claim.
2. By informal agreement between this Office and the Claims Board,
claims payable on the basis of the Agency 'a legal liability are not
required to be processed through the Board. Our approval of the claim
represents a determination that such liability exists. Consequently,
the claim rosy be paid without further review.
3. E4ey we express our thanks for the clear and concise manner in
which this claim and your covering memorandums were presented.
25X1A9A
O
Orig &
1
- Addressee
1
- Subject
1
- Signer
/1
- Chrono
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OGC/B-9736(a)
18 January 1960
MINDR Af UM FOR : Chief,, Finance Division
6UBJBwbwwUt vhic*
pare -4 adviewf, wnex.1ly' peart+ot"erMa! at 3n~ Interva1a, aM 1 sis
Is by fii 60ai not wititatt tlofft i or positim" M soma in nostioe
or an atf ia. to rahioh co 4.tao is attaebel" vitltia the nr'n4 n a
at Nctiaa~ 62. acne to coop. de-S. 381., 26 C. am. 501, 503? See ig COO. Oent. 3a2 aaad the atr~aea deidaiew
ti~+nas 299 MA 6! ~ !boss iCareeetMP
0R'. Sinoe the exs itii $ we
with u mm of that fr eer is arAMeioot to owr ooze
dual co O-aatim ae.i tetiao , as *13)-, With r of to the Dogs,
vie
t1M . ant we, aaast sobsi$s stsO840Y the 0o~Iprtx'o11a' Genius
With respwt to aaf,iioe7, tatirtttiiat, too-bsint can , mat Im
rtrticu3ar canoe at the oaMUMarer* t a tae is oopsidnyd as minstAvo
of the aattsz. On on fir, the meanie at ampr cow of go* aleaaeta
aifficiaaat tof~~S +i-~ ~ ?
the su2,a dated in cam Oxit at coop* Gent. 5(] ! Q
a? T. In viav of the aba'i, we the! 3mm a the C dentiIi1
OWAOSPaera>wt 80mumpt to ceder f in exsitaNpeeeeant ecaaaaist +ct With the
?10?. we aboaia be bmw to VVOT 4e - m u t w o s is the &OMM at s itaeblm
i s to *SWAM patrol at the air " ` the sort raft. you
eabboa-Ld temp in SW t the! the dad" bans ("t+ee, Mvtsaae7, et..) used is
a w c ntae"t Wou * not be OnOX0234me In aQ ahattwrr duapaaai; the
of the awl pattmzu with tywNes 3asia~tioas W003* be.
8. to ffl~ 04 lit - 4 at he an ~ >S* VW SOW% *30
rrttiaa _ at *. retire& a
of peyraaear6 meow We parasras
military offiew. V.psatea- that if the rMOOM MMiltttcs aboom 1s tolloea
&VV is, *ewe+e. p 1~lee
the
ranld e;- also to patt pephMots MAW the 00910 % eonitursst t m) a tiartel ''
of tuts woui* ieeM into p1w, pe' dI MW bet l,udf~rt+detl net i rSti o
of inch situnum? Amos these tea ax t bathes sel!'irtee win as a
rep_ or rasa we, the 'kick TStIx+sost tai eif ,, 04
nbether the parson bait been lest as the rettral list. Of etoarrS , $
manew
codwat colic tisacs help is trig e+essa+d in be aww" at
sit this Office srs be 6W1 to crewcut.
25X1A9A
Office of Qaeer *l 0areMe1
1-LVI
gner
1-81
1 - snb~sat
O"lr 1-
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GGC/B-99f 39
23 March 19 0
25X1A9A
RSD/aP
SUBJTXfl New York Motor Vehicle Regulations - Transit of
Foreign Registered Vehicles
1. I have reviewed the letter from Arnold W. Wises Counsels New
York Bureau at Motor Vehicleas the Now York Vehicle and Traffic Lax and
the International. Treaty on rood traffic in connection with the problem
of transit of foreign registered motor vehicles of employees returning
from oversaa,s.
2. While the position at the Bureau of Motor Vehicles may be
unreasonable insofar as it interprets Sew York law to prohibit transit
through New York of foreign registered vehicles and vehicles carrying
U. 6. Forces pletoss it is aQr opinion that the Bureau's counsel has
stated the law correctly. Section 51 of the Nov York Vehicle and
Traffic Law is the only State statute pertinent to this problem. It
has been interpreted at least once in the Now York courts and in that
case the word "residence" in the statute was interpreted to mean
"domiciles" that ins legal residence or a person's per" ent place at
abode. (Shube v. Greendonnsrs 1936, 271 NY' 189, 2 A.1.2d 536.) It is
clear that neither military personnel nor civilian eaVloyees of the
Governwat are domiciled in the countries in which thej we stationed
while serving the Government. Therefore, while their U. S. Forces or
foreign motor vehicle registrations are valid while they are residing
in foreign countries,, they are no longer valid for operation at a motor
vehicle on the bighvsys of Now York State after the employees have given
up their orsry residences in the foreign countries.
3. I sm not as certain as Ni. Wise seems to be that the 2nteruttiooeGl
Treaty gives recognition to a registration only when it bas been procured
in the state of permanent residence of the ewnar of the vehicle. Article
1 of the Treaty provides that "each Contracting State agrees to the use
of its road., for international traffic under the conditicas set out to
this Convention." Article $ provides that "internettoemrl traffic memos
any traffic vhi& crosses at least one froatisri . . ." Article 18
Provides "In order to be entitled to the benefits at this Conventions
a motor vehicle shall be registered by a Contracting State or subdivision
thereof in the manner prescribed by its legislation." In addition,
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Arty 38 rsquirea that a registration certit'icate contain ter
p"MUOUt place of residency* of the epplicaut. ? Soto
the ~. ? .
U 8. 7C roar plate. and foreign plate. issued to U. S. tiavert?t employees
in foreign caesntries we issued in a =WOW prescribed by the Legislation
or otba r Vve1 ning leer of those countries. In the ab+en0* Of other
rostrictlve language in the Treaty, it would seem therefore that such
plates armst be box red until the vehicle resaheee the remit place of abode
cc its O..r? If this is so, the foreign registrstiom von" be valid
for transit tbrou& NOV Yarn States since the Treaty tames precedence
over Otate Iwo
he Regardless of suz opinion CC the inter ta'tion and t ~1tt
effect at the TT ty, I do oat think that vs should attAMt to
point Leith the New York lbtce vehicle Ceaeoissiansr at tbia time. For
cow thing, the statue of U. S. Forces registrations under the Treaty is far
extremely uncertain and amsrs aVehicles
among returning
outn ss sr Owners of fete:iga registered
lores?e it, braver, is the practical matter that arguing
paints at lsae Mill be tins consuming, possibly unsucce s sail. and probably
umaeoessary. I would oug0est that a reply to W. Wises letter be pre-
pared on the brsia of the practical problems presented and the fine co-
opsrettic given by all other states. It can be pointed out that it is
itapossibls its MM yes for a person to procure a motor vehicle rogis-
tratioo in his base state until, the vehicle is nted in the state for
inspeattOn. If all states VUe to tame the posit set forth in it.
tries ? s letter the result would be that returning a )1ayOe$ would have to
stop at eatah state Um and obtain a local motor vehicle registration.
Such a procedure would ct comma be absurd. It can be stated that return-
ing O"Plave"* While not domiciled in the foreign countries in which they
were stationed, imre actil residents at those countries and their motor
vehicle registrations were validly issued in accordance with the lava of
the countries at their ectu al. residences. It recess unlikely that the
Hew York legislature intended to prohibit the transit of such validly
registered actor Vehicles.
50 I as convinced that a polite Letter seeking the assistance and
cooperation of the pew York Commissioner of Motor Vehicles will result
in a moor. grao~t and satiatactory solution of our problem than `could an
attsspt to settle the matter on the basis at Legal arg>Mnt especially
in view of the fiat that we are likely to loos the argument at Leesst
insofar as U. S. Farces registration. we concerned.
25X1A9A
I I
Assistant Qenerel Counsel
Orig. & 1 - Addrese841
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OGC/Jr 1 ,iar
Distributions
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""" I U ~1-1 L-
hoct -O's43O
23 March 1960
)SCR DIM FOR THE RECORD
SUaTX T: Home Leave
1. An article on home leave requirements appeared Support Bulletin #17, dated February 1960. Its on page
2 of
text follows:
s.
"One of the Prerequisites to the
granting
an employee must have sufficient seet~lated of
to is that
annual h. leave leave
credit to carry him in a his
credt rn+ pay status for 30 calendar days at the time
wing home leave is begun. (See FB 20-645,
Paragraph Saturdays, Sundays, and holidays are not charged accrued
leave, 22 days of actual accumulated leave Is, for against ses,
considered the equivalent of 30 calendar day , practical purposes,
s.
"In writing travel orders which grant home leave, head
always checks the employee's leave record to ensure that he h quarters
sufficient leave to satisfy the requirements mentioned above.
come to our attention, however, that in a few cases it has
employees taken annual leave at their posts, after recei Prohone have
orders, which reduced their accumulated leave balance ance eto less thane
the 22 days required to make them eligible for home leave benefits.
In such cases these employees have been
tared to bear the home
leave portion of their travel as a
of avoiding such hardx+hi s all personal expense. In the interest
have at least 22 p s are reminded that they must
days accumulated leave to their credit at the time
they depart from their post on a trip involving home leave
to be eligible for reimbursement for home leave travel." in order
2. It will be immed4ately apparent that, of the entire article, only
the first sentence is legally sound. Taking the points as they appear in
the article:
(a) The so-called 22-day leave requix ant does not exist. The
number of leave days required varies with the number of weekends and
holidays in the 30-calendar-day period. As few as 18 days might
suffice for a carefully planned leave over the Christmas d
Finance Division has had formal requests as to the holidays.
propriety
days of
authorizing home leave for individuals with 19 or 20
The statement in the Support Bulletin article will undoubtedly baring .
new inquiries.
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(b) I am unable to locate anyone who knows of an instance in
which an employee was required to bear hose leave travel expenses
because of having less than 22 days, Perish forbid.
(c) With respect to annual leave taken after the orders have been
cut, I have held informally that leave taken at the post after the
individual had cleared the post would be treated by this Office the
we as GM other leave en route and the fact that such leave reduced
the employee's accrual below the point which would sustain 30 calendar
days of leave would not of itself disqualify him for the benefit.
3. In discussions with I 25X1A9A
indicated that the incorrect emen in the article were very mialeading
and that in view of the wide circulation given the Support Bulletin a
clarification was in order. 1 _j in whose office the article origi- 25X1A9A
nated, advised me that he felt the article would have no practical effect
and therefore a correction would not be necessary. I intend to leave the
matter at that.
25X1A9A
Office of General Counsel.
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24 March 1960
gORAMD(B4 FORS Director of Security
..CT s itemorar due of Conversation
on 21 March I had a cordial telephone can true: a (pho- 25X9A
eetic), not otherwise identified except as an mp]#gee of the can
Council an Education. He stated that he had called to inquire what the
legl authority was for the Central Intelligence Agency to contact and
interrogate a citizen of a foreign country g0 had coos to this country
as an exchange student under Department of State auspices. I could not
avoid the thought that he had a specific instance in mind, although he
did not say so. I answered essentially as follows
a. Basic legal authorities for the type of thing to which I
supposed he was referring were to be found in the national
security Act of 1947.
b. From time to time the National Security Council issued
directives to the Agate with respect to aocarWlishment
of specific tasks.
c. The Agency maintained representatives in certain major cities
as well as in Washington to receive members of the public
generally, to answer casual inquiries, and to accept infor-
mation which sight be of interest.
d. On occasion, the Agency, through the above-wentioned repre-
sectatives and others, found it desirable to consult on its OGC
own initiative with various experts and with other people
who might have information of value in solving a particular
problem.
25X1 A9A
OGC:ff :amc:jem
Orig & 1 - Addressee
1-Subject
I - Signer
/1 - Chrono
FOIAB
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COC 60-0375(a)
24 March 1960
p is z Assistsast Director for Operations
JwrI Pyblicstioe of Csash VA%terial in
ERs lleso~reiaduat from the office of OCOSTal Coeeasel
dated 1 Jenuatrl 1958, subject:
25X1A7B
25X1A7B
i 25X1A7
1. V. have your arsrsoanandwt of 16 Barth x964 on the above subject
Zusatiag aw vista as to the destrsbility at restricting im
tszial Trott Cseeh press serrviceas, ne and paw
wspapears, in the jo,.u a tl.$ in
w at the s lion of CseahOs1O *kia to sedDes tP
wriht Coetvaution.
2. In the ueferrsaoed ve indicated that press agencrY
wnsaiasie>tes rsd,Asd to ?rlting for general aoosas i?a without reser-
t on of rights eoul* be distribuW fresl3. Ow sease applies to newspapers
d other psriodioals. As to printed saterial the rights to which have
.=reserved in prgpsr fae7ee, said as to broadcast satert*l, the c'ri&t
,stns of *ieth ogti t usually be ascertained, the situation continues to
one of tedwleal iafria?asent upon s calculated risk.
3. As indicated in the 7Me3V amide dispatch stumb;ed t* your
with
MQrM*M, this 7 has boos, oopgrright agrt
IMJ, the t w of Iddsah a" to soave respects NO" striogeot then
me of the gd 1 rtaal Co Bright Coaraa co, and this sgaNeset has been
-served carefully aetd is still binding. In view of this, it is difficult
pe eeiane * pcastiea 3. si tfit see to us in the participation of
oechoslorwatiet is 'ire asatlti epes^aat. V. therefore do not zacoe some
We ere sglein c~si
t is tide
.
g- 11M 161 in
crtbar 25X1 A7
bless and as 7
u+e Wtdah would bear or the bwdling of
scats Ma8e Umbs to ask* in t 1W i roe
tech as veil as otbsar Ustrer3sl.
C.
25X1A9A
c: 3su
I.g & 1. - Addressee I - Subject ?~-
1 - signer
/1 - cbrono
Office of Gemmel ?oaasel
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KWOr"l Ill FQR3 Inspector General
SU CT s Nonfeasance, Misfeasance, and l+Es-Iteasa-ace Distinguished.
1. The purpose of this mee~orenriun is to distinguish the legal terms
nonfeasance, misfeasance and malfeasance. Although the agreement is by no
manna universal there are generally accepted legal usages for the terms in
question.
2. Nonfeasance is the nonperformance of now act which ought to be
performed, failure to perform a required duty at all, or total neglect of
duty. Refusal by Members of a county council to make an appropriation for
the expenses of the county superintw dent of schools is nonfeasance since
it is a failure to perform a required duty. State Y. McRoberts,
207 Ind.
293, 192 R.E. 428 (1934)-
3- Misfeasance is the improper performance of some act which a man
may lawfully do. The action of county commissioners in approving for pepr-
aent, without inquiry, fictitious and fraudulent claims made up by a dis-
honest clerk constitutes misfeasance in office. The county commissioners
improperly performed an authorized act, approving claims for payment.
Laraore v. State, 180 Nd. 347s 24 A. 2d, 2% (1942).
4. Malfeasance is the doing of an act which a person ought not to do
at all or the unjust performance of some act which he had no right to do
or which he had contracted not to do. Where a Town Superintendent of
Highways appropriated for his own personal use Township moneys, such
conduct constituted malfeasance in office. The officer committed an act
for which he had no authority. Application of Wilcox, 278 App. Div. 572,
105 N.Y.S. 2d 631. (1951).
5? Conduct which comes within any of these three definitions may
result in either civil or criminal liability or both. Civil liability,
however, is more likely to result from nonfeasance than frasm malfeasance.
The failure of a public official to act (nonfeasance) is more likely to
injure an individual and provoke a civil suit than it is to cause harm to
the general welfare. On the other hand, the doing of a prohibited act
(m l.feausance) is more likely to injure the public generally and result in
criminal prosecution. The improper performance of an authorized act
(misfeasance) standv- between the other two in this respect and frequently
provokes both civil and criminal action against the offending official.
6. Unfortunately, for the sake of clarity and general understanding,
the definitions as they are given above are not always followed. Misfeasance
is often used in the sense of malfeasance. Malfeasance is frequently used
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jOtertupt$ or interferes with the performance of official duties. SQwrver,
strictly dafinsd,, n tiasarrae msaims the oaiesian of an act Bch a person
,ught to-do; slrtrasanae is the raper doing of an aft tdsich a person
sit ]swfu1]7 doj and nalfeasaace is the doing of an act which a person
wgbt not to do at all.
JW S. WAR=
Deputy General. Cauasel
OW: RBH= antic
Distributions
5X1 Orig. & 1 - Address
1 - Subject-
1 - Signer
f i - chrono
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L UA i.' x 1 Li !' Al ^ ^iL
Chief, Contract Administration Brancb/PD 1 April 1960
AssLatast General Counsel
Applicability of Renegotiation Act of 1951 to Procurements
by this Agency
1. A letter from the dated 16 March
1960 raises the question of t applicability of the Renegotiation
Act of l131 to procurements by this Agency. As I advised you in-
formally yesterday, this Act does not pertain to our Agency and,
accordingly, this contractor should not report our contracts as
being subject to renegotiation. You will find a more elaborate
discussion on this subject in Volume 2 of the CCH Government Con-
tracts Reporter eosencing at paragraph 26,000.
2. This contractor appears to be unsure as to whether the
form of contracting (task order vs. purchase order) has anything
to do with the applicability of the Renegotiation Act. It does
not. If the Act applied, it would apply to all contracts regard-
less of form, but. as stated above, the Act and the Executive
Orders implementing the Act do not apply to this Agency.
Distribution:
Orig & 1 - Addressee
1 - OGC Subj
OGC Chrono
1 - ~hrono
OGC/Nq
(31 Mar 60) 25X1A9A
25X1A9A
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1 April 1960
25X9A5
As I uenUewed to you in jW letter or 2e march.. the dual ec pensation
problem is ? etarglicsted an.. Vit i going into detail I s3ai1 give
io the bad* picture with r sleet to 1 pssrtieentsr situation.
the sbata tss plane U ttatieaars an retired military woomel with
r .pet both to aaq 'e awl reasived for sorrieass pertoarl wd, and to
"bold;isrs a aiviliss ofttae or pvsitt .'" Ehaaw %M present state or
the Jtrr, as i as you a nd osr^visea for us ant inter-
sittentlp, or are panda on a f baasis, you are Mt canotdoreed, as
ns t'via a "rralassy-. In s 4itteaa, sinus Y M are an i>adeepsmlent cautrscter,
perftwol" a 1y advisaasryr f' stiae-, you same not awsiftred as bolding
as drat at positie.
Ebaasfdasr'l:tg the a above, oar len pl staff ttieelae
ss m so I Bari to I arhalol bar* your
ou"Reu
the advisolly
iaah~eatitlttwet eeaaateoar+e at
1 oant~tral relatrionship vih no.
I treat this taws* move at thty s. Planesw to" tr" to drop me
a xts a it o er' s arts.. Ta the nsreaatiese Y ft "a expect to
hear tqt duet re"esetotivss t the ees+v aoeiaraat is rssdt.
os.o~~t.
C. P. "ban
X51, Mr
4T Ddr"t"
OOC:JW:J4m (3/30/60)
bistribuil aas:
OrIg b 1 - Addr saw
DDCI (v/basie) l -Signer CONCUR:
I - 1 April 1960
tab (Attars: 25X1A99i$ea) Sheffield Edwards
I 00C (xv ,tar'u C, Director of Security
lip,
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'/..' OQC/s-99970?
T y
7 April 1960 I
A`i'r t I444
25X1A8A
25X1A9A
U. s. Income Tax 25X1A9A
on Salary from Foreign Government
25X1A9A 1. a contract agent, is a United Staten resident,
#AT alien. but a c. t Dior. In addition to his salary from CIA, be
receives a salary from a foreii r. government ror tie services as 25X1 Pr
5X1 A9 You have asked whether e
forc:i~,n: government salary is subject to U. S. income tax.
2. U. S. resident aliens are taxed on all of their income from
u::atever source received and without regard to their place of actual
residence. Under Section 911 of the Internal Lievenue Code citizens
ref the United States are exempt from tax on income from personal services
performed abroad if they meet certain qualifications as to residence in
foreii,n countries. This exeaption, however, is not available to resident
aliens. section 693 of the Internal Revenue Code exempts income of aliens
received for services an employees of foreign governmante if certain
additional conditions are met. It is probable that Subject would not
qualify under two of the additional conditions, but it is not necessary
Lo consider them inasmuch as we have been advised by a representative of
tie Internal Revenue :ierviee that this exemption is available to a
resident alien only if he gives up hie permenent residence status.
25X1A9A 3? aunt poly a U. S. income tax on all of his
income regardless of source and is not entitled to the above cited
exemptions of the Internal Revenue Code. This opinion has been confirmed
b: the Chief of Technical RulinZ;z, InternationAl Operations Division,
internal Revenue service.
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 25X1 A8A.
25X1A9A
Assistant General Cat:nse:!1
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Uac 6D-( *79(s)
11 April 1960
~t TCII air*~ at P*nwmw]L
25X1A9A
Fitt at0 Nola Cabo 25X1A6A
= 8o-t0d 18 flash 1966 25X1 A6C
l,. Ve Mrs. disoessed this case in detail with the Chief, I 25X1 A6
tom, 0: - is turn hes verified his unlsrstmdiag
of the sitnatdoa vitb wiross wire is the donee 225 1 9,/4
at the cases to wastua.
8. fee !yeses as rports to as we tlwse. II whose wire 2 5X 1 A 9A
is t h e & * a m , is a w s a l t h i r - - M t 1. who is kaaen as so avid stamp and
alb cols se seed nehmto" y as a point of oarocttct for 22 X1 A9A
I IN I. lroenee+er, is rat sea eepla-ee or the 5 q
mind his Wu. are doussats and ls~aa tree to timer 96g4k
la tle~e lit less, on a seatal best, divrs tb gifts at imported 2 5X 1 A 9
foods, psis foot amt of his vw pochsts d a u see vh3oh nearly equsls that 25X1 A6
of the was 1* qpwUm. The colas are rap Wted to be an rxparessicm
of appredwUCw for ibs dicks at food.. It is ems Informal maderrtarntirg
that yaw NOW sts that the ODIM be sO]4 sad the proceeds paid o to
aisc.11sasomr receipts Was bessd an the bsliet that the cooins. were given
is return f mitts peed for br our wwwwwt. While we woux not object
to y'am' a hods anew these psrticulsr ei 'Matsnees the sxe am a of
gifts i s * to be at such a person 1 attire that the retentiou by
s wife at tbs sodas ISO* f a apt a bee me1et as reemm-m- Mad by 2 5X 1 A 9
the Chid of S#t#,oa, it in r f ae 4 dispatch and eonewrred 25X1 A6
In by Ow Assletswt as the Dla Ps wovOA not appmr to be iaperoper end
accoardia j this Onion waald >sae so lspl d6jeetion to such retention.
This is to be oou.trewd ss a preae&wt, bends based an this peculiar
factor 41 sitnsCiael.
go pap= ~ we rettiuned berevith.
OOC2OEPtjem
Orig & 1 - Addressee
1 - Subject
125X1 A6C
~i - Chrono _ ' ~
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OGC 60-0484(a
13 April 1960
0d
will not approve the retroactive ppraIetrt. i4-tea that FirAanca Diviaion
25X1A9A
25X1A9A
1. We have your memorandum of h -APfIl 1960 and its attartaent
referring to an ant
piraator (tata~lligeace) 00 18 travel order eigi by the Deputy
of 1 Uarah 1959. 1'he backarin= March 2959+ approving an increase of per diet
i
2. It is a settled and long establl
h
3? Poor your convenience we are attaahiag a runt oylaton of this
ce in a related case. It eontsias a
p=" inciple stated above. w"sexpaMed LIy exposition of
e
V04p tb W* is no autl ity to SOCUMC, authoritadj eorrcl,a_
etui . In short, increase the amount, as this Vonid be a
0m rate may not be changed retroactively.
the case at hands 41
6 may
rind prior to the date of the not be Paid #0 higher r701te for any 25X1A9A
March 1959. ?P>?ropr3ate aaendaerat to the travel order,
alreay elapsed,
Le traveler has a fixed ' tratreZ status leal right to th
c
other clerical errors. ql' -w-A things as typographical and
(rithiaa sut (n'lated thvugtr the rate of per dicta, is diaycretion&ry
aaRIM) an to tine 4-
ave
orWfmraedp exempt to
reform the order to bring it into eontoraai MA&VRGY with
t tY igia~r], intent of the
iU Bing authority--that is toe .
err previotaua ors, with re - -~rr&vr` a_T,o 6TArMaa, regulations,
spent to tr
l
s
eA
~,ts tihl elEt t~orGha w b "rule or lav that a travel
sw.~...t,~'!*"'"1Y so as to InersMe or di*ini~ch
dueoe. ..~ _
25X1A9A
Office of General Counsel
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29 April 1960
IO'
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pRAD" FOR: Mr. Warner
S3JRCT: General Accounting Office Disallowance of Charge for
Purchase of Bottled Drinking Water by
Resident Agency
25X1A6A
RVEMCE: y due from Resident Agent,, to Chief, 25X1A6A
Fiscal Division, dated 18 Decowber~1959, subject:
Request for Exception to Comptroller General's
Decision, Vol. IT., page 698
Resident Agent for bottled drinking water are a necessity and that the
vouchers should be resubadtted.
1. General Accounting Office auditors have disallowed vo uehers sub- 25X1 A
Bitted by the I Resident Agent for the purchase of bottled drinking
water. The office of the II Resident Agent is located in an office 25X1 A
building where there are no drinking fountains and all the tenants purchase
bottled drinking voter. Application of the rule of necessity to the fast
situation presented in the referenced saetoraodtsa suggests to us that under
the rationale of 21 Coup. Dea. 739 (1915) funds expended by the I 25X1A
2. The C~ General., and the Comptroller of the Treasury before
his, have con siatent3y held that the expesrlfture of Goerrraa6 funds for
bottled drinking water is appropriate only when a necessity exists. The
decision to which the Resident Agent has requested an ezaeption, ,25X1 A
~
17 Coup. Gen. 698 (1938
typical of the decisions which have held that,,
a necessity from the standpoint of the Ga vern - n-1 eziats only ben the
water otherwise available is not potable, that is, not safe for drinking.
3. We believe the present case oars vithin the role expressed in
equipped with a central water cooling s0rstm Mbioh s~plied
distilled or special water to all of the offices. She Comptroller of the
Treasury pointed out that the Ooveretiment office woes not bring furnished a
special service but one rendered in colon to all, the te,ments.
should, be regarded as a ash and ri-t2al nsabls where the buiXIM vas , I
21 Co,. mDec. 739 (1915). Shat decision held that toes ahargsd by the
lessor at an office buildding in which a Oovernemet office was bested
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Mplo'eas and their business guests to obtain drinking water from the rest-
r_ faun.
ervesury apparently recognised, it is tmreasonable to require Gov+erne,ent
po situations is that in this case each office purchases drinking water
ydividually rather than poring an additional charge to the lessor for
,aisl water supplied through a central system. In both cases there is no
,that available source of drinking water. As the Comptroller of the
jj would seat to make the purchase of bottled drinking taster a necessity
,!thin the orsatcaing of 21 Cosy. Dec. T39 (1915). The only difference in the
y,. building in rich the CIA office is located has no drinking fountains
all of the tenants in the building purchase bottled drinking water.
k. As is generally true of office buildings in the city of X1 A6A
25X1A9'A
ce of General Counsel
:RBH: lean
Cl - Subject -
-~11 - Chra*ao
25X1A9A
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200004C&'-'a s 5-s
4 May 1960
WrA A>tt'IRtN PM. Director of Security
Purchase of Electronic ui at and ~~oasible- Conflict
?~~ 25X1A9A of interest involvi an4 I 25X1A5A
Corporation
STAB
1. Your e,astorandum of 29 April 1960 rer4uestc4 the opinion of this
Office o whether or not a conflict of interest problem was Vowed
because ,who formerly hold a consultant contract with 25X1A9
this Agency. is now an employee of the with vhr= 25X1A5A
desire to outer contractual relations involving a subject with which
became familiar in his consultant status. 25X1 A9
2. In considering this problem, we have reviewed Agency Regula-
tioA and the pertinent statute authorities on this subject. .1e
have also investigated the conflict of interest regulations ,t other
agencies and legislation currently pending in Congressional e. saittees.
It is our conclusion that no conflict of interest exists in this case
and, accordingly, it would be legally proper for the Agency to enter 25X1A5A1
into negotiations with the for an electronic badge
system is furtherance of the objsctives o Pro ct I 25X1A2D1
of your off ice has exp lain sd the work -,L 25X1 A9
under his consultant contract. while it appears that he 25X1A9
devoted same tine to consideration of the technical problem* involved In
an electronic badge system, the proposal submit tend by the 25X1A9
Corporation was not based on ass ;". que or special knowledge procured 25X1A5A1
by that company from Ttsee and three;
other corporations were invited to submit proposals and all race iveos 25X1 A9A
sacs fraw . The an proposal of the equivalent amount of technical information and guid-
?thicb appears to 25X1A5A1
represent a more promising solution than the proposals of the other
three companies, was developed principally other employees of that
25X1A5A1
cospaay stud. it the work is performed by the
will be carried out by a division which is separate and 25X1A9A
that component in which is now employed.
4s had and will have no connection with the negotiation of a contract 25X1A9A
With the Oowsr rent on behalf of tbet 25X1A5A1
4. The foregoing are among the circumstances which lead us to the
coaalusioa that the normal negotiation of an Agency contract by the
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-,;U& .C"Tc Purchase of @lsctratte llquipse at and possible Caatlict of
25X1A9A Iatsr*at toeeolvLA9 1- 1 and
25X1A5A1
25X1A5A1
Corporation stay be conducted without concern that either the letter or
the spirit of the conflict of interest law, regulations or proposed
legislation will be violated.
25X1A9A
a
r-ssistant General Counsel
CC. UIy/PD
Oz PS
Distribution:
Orig g 1 - Addrdssee
1 - 0GC Sub j mil, - 0GC Chrono
I - OGCCirc
1 - 0 Chrono 25X1A9A
OGC 1(4 May 60) 25X1A9A
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4 May 1960
MEPSORANUUM FUR: The Record
UnJECT: CIA-WA Relations in connection with Interagency
Procurement
1. Recently I have discussed with
General Counsel for the National !security Agency (NSA), two problems in
the logistics support field. In both instances I have found him very
I reported the foregoing to as a matter of possible
interest and requested that if any questions of appropriation or procure-
ment law involving this Agency were brought to his attention, he should
25X9A8
cooperative and he suggested that he would be pleased to call at my office
at a mutually agreeable date so that we could have a more extensive dis-
cussion of interagency matters. The problems which have arisen heretofore
are as follows:
a. I was recently asked by 01,/PD 25X1A!
whether NSA had authority comparable to that possessed by the National
Bureau of Standards (see 15 Uz,C 273-276) to take surplus property from
other agencies without reimbursement therefor, or whether normal GSSA
;,rocedures apply to NSA. I advised me that NSA had no special 25X9A
authority, such as cited above, which would make it unnecessary to go
through the normal G:,A surplus property disposal procedures.
A further factual investigation seems to indicate that we
can avoid the necessity of a transfer with reimbursement under the GaA
procedures by treating the problem as one which involves a long-term
loan of equipment. is investigating further with 051. It 25X1A
appears at present that the contemplated transfer involves E:;:~ 2
employed in a program which has heretofore been conduct. by but, under N.-,C directive, is now being carried on by NSA. No further
action is required until develops additional factual data. 25X1A
b. The other problem involves procurement by NSA of cryptographic
items which, by M,'-,C directive. are to be obtained by all agencies solely
from NSA. I have been asked by OI,/PD what constitutes a valid obligation
of our funds in connection with such procurement. After some legal re-
search, I have reached a conclusion that the obligation will be effected
by the acceptance by NSA of a CIA purchase order, even though NSA does
not make a contract with a commercial source for the procurement of
Government-wide requirements until a subsequent fiscal year. I am pre-
paring a separate and detailed opinion on this matter.
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
SUBJECT: CIA-NSA Relations is connection with Interagency Procure"at
contact wo for assistance. I r.q estod that he not raise this issue
within his own Agenay as I did not want to create a problem where one
sight not now exist in the minds of people at NSA.
25X1A9A~
Assistant Genera Counsel
cc s C/PD/OL
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14 May 60) 25X1 A9A
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WC 60-0493(4)
5 May 1960
XOMAMM s diet, Administrative jt&rf
Office of 120 unications
25X1A9A
25X1A9A
25X1A6A
ttorae of Rous.hold Puree. is
FOIAB5
OGC
1. Vs bA'v* 7OW asmaantndsn of 6 April 1960 referring to t px opoccd
ibipseut of bourehold effects at With rettoroaiea to the
sio $ of
I-WVTA
p 5 and 7 of R 22-1000, you ea whether
moss of the "20b" - _.....,....... nu~~~ Q s eaCT in
moss n I~l7ex eas but lees than the "Table I Allo anceE
sa siaaultsuseoasiy sta* his r+sorstnintg household orfeatar, which, taken
tN,th.r with the t shtpPd, do not erased the over-all amount allowed
in Table I. Por the fo1UW we think the amasser t4 in the
affirmative.
25X1 A 9A The .13+apit rsutristioa as .b is 4%-A
in tt:a
72 of fret "e+onte aporary starsge STAT
Wm aft bla Iftm the ro" viftt or voluaos shipped to OWWOONS tb** 740 '~sb3o _ I'~ arllaysmos ~~t Of volume list+e~! In TazbL
mm2A t 't partial shi~snts ; empl~ses
are' tbw are dam to posts Vber. furnished
WW%W$ WO Tahm la psPnWIA" by the ~9arernoateati. ($e. pars rspb 53.)
the "um tMbo paro9riaian in wT8 asarts that
all"" is 11 wishes ship to umfureished Quarters more than
tftrlafrs Is denied the statutory benefit.
b` to maw his Hems If the Table letvs
It the4~~ +sb1e a lirme2
makes a (or t*U) Glad the W'088 aslit aft ~, U
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is diveeted of his right to be rai.baaraed for a otorsago of his
r e aainiehg effects. This would ordinarily not be learned by the
lea until aftor he had reucbed his new poet and was so far
away from his goods in storage that there was little he could do
about the whole matter. In our opinion, requiring th,w caloyee
to take such a risk is unconaclonable.
Another unfortunate result of this provision is that the auploy e
VtIO exceeds the Table II ailownnee, though barred f ran storing
the balance at Goveraa nt expense, in neverthealeca nutho rized to
ship it to his de atinatiorl at Govern.-sent cxp*nae, which is more
:rx?rnuLye to the Government than the storage would bav, been. He
- us must elect between (a) etorit ; at his own tense, or (b)
ippin , to his new poet things which h does not went, or cannot
use, and which the A 'ercy presses bly does not wiaa. to ship.
2. It ie the pri.s ry function of a4win1.etrative regulations to fill in
tse ite ta3.].u s?ar:aaoseary to the imEpl station of statutory objectives. Under
:such as found in section 4 of the Central Int.alligsnce A ency Act,
ryot si,J,r-r~, t?..e scope of regulatory authority is broad ind*ed. Zh' .rthe-
:?ae, rtn-Lxlatione, roast be written In haroony not only with the express
~rmi:s ins*: o? the statute under wb1 cit they are iaoued, but also with. the
tiro oL!ecti a of the statutes. They wAy nut operate to negate the statute
and thu n autrate t ha :ill of Corneas. to the rases at haizc, Um statute
eoetr.: ?>oait.:ve lcrFAl right on the a ployet and plece,u a r ate on the
atancy ',, confer t ho bent rtt - that is, the 4tor at Gover ont expense
ar LoL:::.a`bo1d e.,'Leats ;o cannot use at his prospective past in an i xrgency
arw. :; a?, s tertetit with what we have said aabo e, the Agency y by regulations
~Lcc r:: w ~tiebl~a limits: on individuals as to time, ejanner, placwr, gaunt,
?tc, , ~,. L,c~:-.ag , but it caeanot i* prss restrictions WhIeh havo the effect
ii ? ?: r Ie3:iyl ;; the statutory bone fit to a largo clazz of eiployeee.
', e.'ney 1 ulation mate reanuomblc standards of household
P i ;z 20 Table I, and then, aa* to storoze, denies appl Icatfon
t':. .: zs C:?~L~.IIk'Clb to parsons who exce;td the Uiited sahipemsntu aut orisrad
to furs-UL=i1 d qua?rteru (under Table II) . In fact, the rc -ulattion kas no
bract prorijiott for storage at Goverment expeime of the effocte of p+ rsons
ri:i t sau!'urzisbed quarters in a rgency areas. We have had occasion
X'rricu;;ly to object to a coaparnble omission from FR 45-1050, the
aee~;~tor or II on this subject. In our memorandum to Chief,
^mpoy t.asttcan Division. f}"Y i atics, dater! 2 July 1959, cub ject--Isla ? osz;: . , ,rl4iao of Eland F: wa stated;
.regulation sally not eet di.';fles ent standard& of entitlement
rh.1,ch artificially e d tzslra*a:.onably dLtie rL la ate betuecn various
coteV,ories of caployee8. F c1r iu tanca, forcer paragraph 11 of
1,5_1)5O provided :or utorage of effects at Gower *e:sev expense
r :~r "1 ployei e ,>,vi re to Y'ar'n Ihied quarters in a rz.eney areas but
t rear there ?oin to un.: ,r.rsiicsh:cis quarters in the :see=n au?eas.
cinr sona~ly dl cr-inatee aGain~tt the latter claws, who may
Lr. no ies"t zi e oJ t, e benefit than the i'oraer. "
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 25X1
4. For Lhe re as
fur n is in 4,. `p~Ff0RWe~e,`t`itc STAT
'tors are DOt Vrovided stars, and t wrti3rb
statute, ao the the e
rests ictiond 14le grounds mat his hoezs ? t id by the
ti- ta adad t
quoted to hAo IrVad by 'Pa g, e
prapodad d m la ~boy~ aamraot tst~l. ~' r' ` FY OVIDIOU t Until i'ir:eal c 'd e-tion and j- UtUm d*14tttM the ftob4actxoemb]Ie
tics of that
yu"xeil?at autjt orttlr Pot "Ua
household tua~ata xith the storMW rineated~' thss oraay s is
regulation, and MW of his h h sw&4t ht Batt s"01:'ted by t ~~P
to .,"mnot "'I at t de etination any ga tea' vi#2sta 1 oaaa- Etta, Vhiaeh
the ro R Yidsd by the reCulsttcxmed et Qpv ut aka 6
cc: Chief, Fiklao
Dtr#acZOr o:- Logiuttca
Cuiaf' 25X1A8A
25X1 A9A"
4f`fl OZ- general coum..,
25X1A9A
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5 mw 19W
OaC/S-38(a)
STAT
STA
Thane is hereby established an eq%ui1ixation
aiovance intcu ed to c ite for the
s cost of lives at the post (or area)
of duty outside the continental, dted States
as c red to Weshingtvn, D. C. 'lhio atiowe ce
shall be ciuted on the basis of staticticel
data raiat1.ng to the cost of Uvin ; cr: the
local econtx y."
25X1A8A
g CT : Calm for Painburemmat for reign Tents Fuld
Submitted by 25X1A9A
1. is claimed re iaebcaesent for foareign teased 2 5X 1 A 9A
dryd i +art duties paid on the p ace of a refri arretor in the c ow try
of bis aanai . rinsaft Divisiaai returned the claim to O'rith 25X1 A8A
the request that it be forwar4led to the Office of General G 1 for
review. The gcasstiaa is father taxes ,end duties of this kind are
intanded to be relmbm-sed veer the provisions of II and ST,
ac whether r the et aliratiaa ftuawance provided in 0 ST,
is desigmd to eorr such its. 25X1 A6
2. 0 is a staff event e.signed to = der ur.otticiel 25X1 A9
cavor. On 21. 3Wy 1,959 be purchased a refrigerator an tbO open merest for
$4&.13. A Oovernwnt a 1oyee uiOw official sor could have purebave 3
the an= ref rig~erst fr is the saw wxwee for 4M-ft- M20 .10.,3.,2
difference in price represents in port duties Md local taxes Plus a
ID dipl -tic discount. II acknowledges that the diploaaatic 25X1 A9A
discount 0,30.42) is covered IV his equalization s .ce. He bate
claimed $179.90 as the portion of the differs representing import
duties and 10=1 ta=p.
3. Tile pertinent portions of the Meulatioua that rwast be constr?ered
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a Of CL;. trbo :aeit9 ro3 c
t~ not havo been 2'@ :ee i+~:S C l 2@'a
Vou Wt fired to pAy except for the
of ~ 1 ef%t ext*tUSed tt U.S. GoNerr stim
a*a
al a in the ,ar my be :'etmknsrg*d
t
tepee." for c~,
4(2) AGOUC7 b az aoecu-jtyteW Ccr
me1ntten oe of their Cowan, > art d i? '
or.
t , tht uvuld use by, x )t
~ ~~ who ~ not tei~tburd t
be rtiim
tbarefor ot,ber sQUxee, may
2imitstt bed or to t1w the tar xi,-~c: t
M Yee
%Vroft of the Chief of ltion or the +b2efless of the types quantities
kzm its to
of per- itsW. H a 4
$? be r"U'"ioas cited W*ye mint be _
It whar tax o Sz{port Out-Y i's smb~ura=bl e jr, ~R ie
~estn not
r the ~i1ar bene'f'it is
Le egAaestj iQa aUX 'pvidec4, irk
OOV%fted on t2 buds of statistical data tzatic i a a
Of living of the col Ieconcew. W the of coat
Odift Y ib vh ~
tho ~ the PrIOft which amt be paid for f snort
Wader 'ici.el a pay amb t
ftly on the Purcham
or uVer'si of o 5' synch 'serf old items,
'Wadi
~'aa are ~ ~.t3~ar. ~s rrr which tt~
a here, he VSQY to e notice of the
tdu abpa to d t the fact that e V LO we u r official
'gtt xe in tJzis ar, It would be ibtar .f cal
~d tso mad duties, no nntf hOw ~ 1l t m ~t
bad the 14Y ben wider official ah c~oal.A have been
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 25X1
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5. The c ttrolli : regulations t:nte t data road In the oniy vay in
yr+,lch t h e y ea v not irk coi i2tet. 2v it t , that ttu and 4utie6 Vill
be :end under t * pr( teicxaa of ST T
^er the ;aroi crty which the :: xu:y sdzi pa to *at eV A n
arr' r +..2rt he m u hli.tth Sits blue there. TaaDeese and duties pelC
01 the t rc'.r aso of code for the merintoerince of himmIf and his
idly aft a- orriri1 ir, the cow-try of movi r_t are cons3.6ere6
{ :. the B+Gtti i ;' of the I-q11 P t1o tt1 ,make &ld cur not be rein txra*
rc+:r : atg;l r, it is the (121a . rx of this Qtfire that Z zsrra
,-t; c it1t ed to : trab: s t for loc 1 tsars stet s dut1ees
,.r the it s t`r igerator in II. 25X1 A6A
25X1A9A
-sai utwtt Ge scr . C'ou:cz91
C Jew
istribution
":rrir. . ?;. 1 - Addressee
1.'D
1 - TU;.1 Chrono
1 -
1 - East
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Next 3 Page(s) In Document Exempt
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
arms store his privtts1y-owned automobile to
25X1A9A
at his owe sos passe.
(c) Tacacv~el os+ders tbs. iwxt treosi+err P'CS wsq- wtho riser 2 5X 1 A 9
trattsfsr of the priv$te17-owned automobile from gases' it
happ.na to be to his next post and he wssyy receive xefaI - -- -at
for the cost thereat up to the aonstrvwtivs cost of a'btpt+revt
from 0 to that next post. If the porivtte]7-oweed automobile
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of a privately-owned automobile isnl 25X1A6
m
0
is ~
is urge: t,rders to transfer 11:8 to we turthsr that 25X1 A
his cover os anisatiaa in pnrahibits the i @Ortation oar possess'= 25X1 A
o~ aoatob tam actl at GorrersaeoR expense to his past or mi'x'-' 25X1A
et I aad
At Se has aoasp]et his full tour
1. we essaderstand from ya r -05- 1 i that privately. 25X1 A
2. We can find so euttwarity, ststutol7 or atbervtes, for adwueae
return of a pr3rate -oansct automobile to an auipt ice's rasi&nce at tare
time of appoiatsest or transfer exaapt VhMV an swavency arises (PL no,
A.(1) (p)) . eia also am find no wtI rity for Pownsnt bp- the aov*ri ent of
(a) tlrader Regautioa if authorised in
his curriut traml, oft err asen+i+ed it me rsaarT, he OW ship
his psiv*ts],y -ovned axxarobl le from I to s:o otter pl aae,
aon?temporoxy etoz*gs for a privately-ow sd autasobilo.
possibilities, Uhe store, seas to be lisittid to them:
inalu~ling the eontineeutsl. lhtited Stets wa veosive r m-
to As a practiesl matters this aonetruative asst
25X1A6A sight volt equa or *zmeed the Cost at direst s114pser t frcas
25X1 A6A to the eoattns tsl Mited States. 8t?a'a4P or disposition
,e privately-w Den wtamobile at its deati t-ioo is eatissly
the respocstbillt]r of
buregowt up to the caostrratiYS cast of shipment fzVt
 Approved For Releas / c14CIA-RDP67-01 057A000200030001 -6
STAT
STAT
vas s-a boss silipp.d to t ho 3 on Qdtod States and
bs VMS trecar r Ls to the aooti~abai Oiitsd Btst~es, be a
be s.i a en& tort the differ os, it Oq, between the aaaa- 25X1 A6A
sta' etiwr cost at 4btpmt from lI to 0 ani the 7 i X 1 A R A
Laos or rraa I I to tat oontsa -i anted opeaiflM in
1b~aierl i cart be Valved n=or sub-
to) at the .e re perssi.&l .
epealtis QMWAWG to yew eimnlioer i'a]1owi
(s) lls11 -111 tea' sdwsws a lips t aoatsls a JAI
doss uat .~ctwial to pesrs#~--aia.d wSbOWDbi3as.
(b) ice.
(e) S.. p R @ obv.t.
(4) we 40 sot . sa w vi apibt fl that p dVWtely-awned
snto.obU.s West be ioavdod in the tars "f wnitarre end house-
WA sad passomal atfeets" In wAmmatieets (C) and (D) of
?sameu 4(1) of Itlbua D w llo.
25X1A9A
As+sistaat Geomml Counsel
25X
25X1A9A
OOCzCFB: Jon
1-Sipper
1 - Chrauo
Oeia & 1 - ASbr
1- Subs
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STAT
25X1A9A
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OGC (0-0596(a)
pstabli -1 %, at on Addtttcs*1 W.11 Auditor Pbeitlezt
on the Aueit st+att for the P spasa of ?fre tiag can
dal Audit of the Credit Iheloe
(a) I1 n0ae~4 froati the Dirrotcr of Per rl to the
Depttlp Dire cto ($i pert ), dated 81 l errch 1960,
a jct ? E$tabliasssnt of Additiatel A t*tltor Position
(b) lnoatd= free tine CceWtaroUer to V w tel. Counsel,
dated 95 Aprri1 1964, saw subject
1. The Coerg~erallsr, in reflarown (a), states that a Questleo has been
raisr_ as to it iaairabilitt era. larlilpt of the Credit ibstoa reisbvreing
M A seq at 00 olss1` a gelislent of a 06-7 to o ieetiu* with the
odparat at a WU AS*wW aadite r for the pwpae of Darfcreisg an
Mewl audit or the Ajuapr's credit slot.
2. As yet here, tide sitvstiew introatrt the wipaaaeot of eWlcpree+s
$ 00 Credit ft 1 A u O n a r e i a b t a adds be s t s i s pawltsr to our AgewW and
hives from logo tio0oddestiass. The naarnal credit union hires its
WOladaes Neft Ow meet" and U w" *Wlap m bs ue no eawectiae With
tadtvid0s1 Gee is ly ar isatien dtich wpports the particular credit
odes. The Veasarl Credit duets Aet in arblittos to pa'uvidiad for a bomrd
It Air+seters, arlem and a dram *etee =aloes dim for a Supsr-
a rriaesyr C m tttw str11 ofte arras craw to be, aado qunterly
4d eaMd onitt+s at the badct. !hs sear d Credit union tap/ call in outside
Ittilaett to Ps11011 tl awltits atd say, papr for thou from it =too
k*? 'tea M 't for his is owAalned in the Credit Union Act, Vbictt
"Mew that the Weed of direrstours, snood OUMW under, curl -Provide for
Iwatiaat at *lofted and aarftta` assistance rsW st..d bt the
$ Srvt MY CasrKtlaae." We believe, tb&V*fiw*, that our Credit Uwan is
1tet ems' the Act to VW fart tiist.v.r onattia swrive~t are required
V its -iwt CoarrtttsW wt after snoh ssrrviess are rendered d irsctly
we parrfes si %W w A oepfi aarpUrm an a reimbursable
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 at 111, LL-LL-L6 I %I I I
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ya srr Wt in a posittaa to at"* obat JO," of oaapalt~srsos is
do the audit, ~d_ tart arospooribil if~r t~ ?saistoe as t pots!
10
,t,ppl tbMeft", that a Q3'll 31!'.1 to "qutwed toswitly
so tar on the Bupor~iior~r Consittow Is QoaOSO'erer~;. '1'M+ ~- ilrspsrvt#ae'r
am silo 8st dos ad this point ram the ?.&o%1 Crodtt
in Ei but vouLQ r be pr1 btt.d fsa obtatsim sir toes at
-. A. a Matter of iufO eats -x the C~eaise les at the Sypncris ~r^atttai
is a 5er of the Auiit 8tat"P) odiriees tafoa uy that. in Us ootad,a,
p-i
y and that, as a sat1 at tact, ttrs an dit listen aoi1* be fit"
f
i
MeatIMS, Vanua" the ossi asset of at least a d8.9 for swami lu l
t.wassed its, at OW Cr*dtt itetea, with the owl Case 1,11b at
U r aia8 t a "a-" b! S T,=t5 fl muee
ISO - s
ar w wrt*r,aai a .tt ttimUcss required of the ri - Comm"
bi
!r ft&"l credit Mo. Let.
s. oar combo ioe is %bat prow ding the oudtt is the r nibilit
a. edit Union ttult threw its ti srvia~ort Casnittoa GrA the Credit
mss shouu2d yay the cost tbwaof. Ms do net an OW basic for avpIadttwQ
it tr{lalal f ue 15 fear all Cr MW P&tt of this most.
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 ,,LMOkAIV i)U M 2'C )t(: k tnance 'Division
Chief, (D h L Branch
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a
d.pendent son arrived separ y
departed II September 5. 1958,and proceeded to their home in 25X1A6
atcago, arriving on 14 September 1958. Prior to their departure
from the United States. had exchanged the one-way tickets 25X1,
provided for him and his dependents by the Processing Branch for
round-trip tickets. The return portion of the tickets was used in
connection with the travel claimed on the voucher at hand. I was 25X1
transferred PCS Washington around 15 June 1959 and the travel of his
dependents was reportedly approved by an amendment to that travel
order dated 10 July 1959. You pose the following questions.
,S.pendents from Q to Washington, 1). u. , commene g
September 1958. 0 was assigned PC's to I and he and his 25X1
.Ue arrived there initially around the first of August 1958. itis
tel on 22 August 1958. tits wife and son
2. Voucher No. Z172 claims reimbursement for travel of
,...atia acs related to each.
25X1A6
Travel Claims for
Dependents
1. iti' e have your memorandum of 15 March 1960 on the above
t with which you submit three travel vouchers submitted sketching by
25X1A9
'.i a shall treat these individually. the
a. From the foregoing, is 0 entitled to reimbursement
for the travel of his depeucienta based on a travel order
amended ten months subsequent to their arrival in the
United States'
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
b. le I titled to reimbursement for the travel of
his on who remained at the PC5 point approximately
two weeks and the travel of his wife who remained at the
't',:5 point approximately one mouth
25X1A9A
3, eaeevtiit *rdar 10100,
acr
Wk d 2C) .hate 1949p, ~aaa the Dtreotao~r Of CTA to pargr aUvossaw q
f stasis to tban P maw takr ow Sear"My of oft %* in emoSM e e vdth the
ra muttAaae par art%wl is 'i ttiv Order 1 11. aad Xeee"atgsertbaasaeeaaaela~ further
re *iatsptas as be #AY tar merry to ettectmtre the Varpoma of t b*
Order. ACamLa faauiatian II aftftftft A jg ?q 'f-ttsa
6eetion *'$me & "too ?r to * of ~'SM
situ (Oaa"eesat Civilieees, Paretgea Areas) # in par&~ I and p *.e
io vsregt.* 3 as fol Iwo*'
riQ :serrierc aazi' s 41
t
O0aeN Q -lcge" eM staff 5 la. " (rrniaarommil amt).
!law tiarr-fie re rota ( the parley, of root or gremtan sae got fie is
aeotfaw 2'2.22 of the tenderiss M IatiMS.. rMt eeettt provi&m to
pert ?. . . 30 06U ""r poor to the 4W1gW*er? aanat 00 1117 ana
-
Q U t os i j e r & We altar h i s w e e on 4 y ." It is tamer pro
ri9a4 that "`asaeers am a .cage. Is a1sd4e at the tit +.o NbIgh he is tsum
r z, , or bee mt ye onteted on dwa so the result of male" trestumt,
the ervcfAve date at t ter, ether tbas the dills Of "Am um on amb,
aka01fl ra. " As to indii*ted. by the r. tlata,io ad has boom coneietaently
liet by the, De rartaeet of state aaa- this a p- , "eotz'smae as 4wW *
am* ropmuVa iz to Waft at
2,'s onrre nit a eael t. S &d a rspaae tto in for wm to ruut1. Mrly
fttW*M eat r'sfi on tba ACwxW Tine SM dtSM&IMM sts .
? It wag aectOL vq am a Duna that his al de for re# ?eeaeM
tar t xr* y Lodging V GS not dtmal Nsd as a apassttaamX1e Item* bat
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 use %+ p iv Bit l e 0 1/'F4t: L'" -I$ $ 7 0 O fad
gf uu:.*. Th*t eteat:e p?0V141$
s n l,i+cahi.Lit7e at t -Sun+ or't*ed ftfuuticar awat almarl7 1MLCt' d at
px; ,-*w I of each cat * scev.rei Field 1au .
It to the sat ISLOe of t1do ea>t''ttee % bat a wane ary Ocatmot with
atvi ssitwc r rpaveaftstive WM14 not aafifiae to wart the r+r attceeasett of
r* 0rt;irg ttrr duty. Alm n to the d z*t, t1* t of the
foard , It to also '+e contact that repeating IV for mW &W
Crier to eettle tree.!, a tta4t bte oa's Gwatindtc Co Oxt+ststsd low*
ra,.;,i ~ti4o *ot t t regaireaaeatt.% of the St-sbwt S.dad*ttsa. Saab
r#rrti !.x in would be little 4Ltt t than 1 %W vtWck to most ofteat
ractel U4AM etrr'iv%l to t.1 4latit4at latety storing it for him while he ahopped it ueaong other cccaponenta
, k y recalls Conversations vith u.r d
u -I of in which each said that d~evelopaxert of the equipment , ~: .1 t
be picked by some other element of the qerncy if riot by T: D.
25X1A9A 25X1A9A 25X1A9A
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(niter ~
]~st 1 tb, is CIO way of being ewe of wben or bow Ube egai nt
go l4koEly toot this Mew- 4 when the T: D it c1 rted
t in June of 1956. fte two men previously Visible for the vt ilt had
,#M tboir Jobs Z,T 1 =3 these who r" lac" ttte knew rw th,zt t of
? I t Wsm dis end being aperi,mental end bo,em a ccu1c)
lo" looked 111oe amtlt to soaeoxre was not faraat3j at with it. It a
wobable thawas disoeretd for this ressoen I
r r evert the euit
25X1A9A
0qpmv come to pick it up in Werch 1959.
25X1 A9A 5.1 -1 4 1i30e to be reiaabLweed for the value of hie
tat equip== YM he seined whether the . uc is lisble for its loss:
sod Hart roil m rse bin. no only amity under which the ACy cam: pey
p~cb 28. .lath to the ,
ini.tt3'ativ~e ad3us nt seetlon of the Tarts C1.air
jet,* UM p672. That Matiau P des that the bend of a federal agency
^I ssttla ae QL1ae fbr mmmy d=WS of $2,500.00 or less for Lorne of
1Captrty eaursd bW the n*9118"" car yr r4ftl acct of any a loyee of the
n1Q APP
bm 'IMWV3*LVIW own, POP
r
f
t
~t
ast"M os v am
w y of ! OtsSr
WAtua . ote watt:
hs
s i atissrt abd is cif With the !rats. on a rsl the court
P was tiwt st#,1t~t tbs New Yost ~ ~ ?s` the ~ s j
vith this t~ of attu-
mw erta %$ to M to fba awa* Feuer b as1a for iiaa3-un r tt a at 4M s 1s'fewiV awh sf brook or ace !a?1lidcoutmet or
t
~ ar Oman ad ~ fisriot. 3kv ia to ~ef-Letr r nraxtes tbst
baoaMe~ lent b 1-cssa
is ~-.w VIVAMW
K t' q is s 044000 Of amiss Use in a suit to toss s -
,/ r amt al o be rare" to prt+st s
srtisi. vttb OW Suivt41*i saft"Ors Y" a4bt wish to ,wks. "0 the
opssair on vim" to the iaasL, by pUabiui it in .aTwe,l
- U as lal so 33 Ap rii -, a dfaraat sstioe for
4 or adlgrtf, tt w - lut . of your lr al property swM not
t. Ib ow Rtabeaw , srM, is ' Lsh the 0141013,061 smaeow" La the t*dsieL sots
At-A& M 9 be law is ar i as ban ~ *b ho had me" ft &u*Jecte
p
~ Mat its that 00 ~ ~ W% be ~ bsva also. the court
Pd" died bia M"oeb" aud that
ON ''e In tMe VWWUS aarratu. V an &*tUm owe bros&t
& *Unitas=t of Tice .aopr1*t Alsk an l aa has takes out Os
11 Mrttsle, it is GdAbalr that the his that %big ease
des vitfita tho sale hest mists 3s the rl1. deDawrrt mW be protested by
It th1q a is ? tts#h -l Vartstl a. to the ant 4md *& now
t ? Ow k ai the Quite s w this rule vertu be to adult that r
UU si 1. bias" bad boas usie #a aartp par tattoo bleb,
$ !1oL', v.514 f"Is IA a ssit !tor Mal.
W. Zn M"WY , W. "INIPW eM the CUM* =IBM bed the r1 ht to
rM " 6 mi l 3q qj me r ato w tt ms !s the "lie doeain r prav~lded
eorII ta~lissts4 the a . sad ate. tbgr also had the ri t to pub-
eeapt. CAN the so*sak U wage o9Aerr3 - rledg+rd ae1
each ad its taws, out Of Est, the 4" sot distort the ovmrssl tontw
mss. Newswas Mir. 8isSrr bat as rl t to rte, and the CRZa ? CO
to P611 MP a r ite at the speor me a by o ttiap bw
srf rho griggs" es to Whist iw flier as orWaai titU
by youm br v Mw of On asdow theeartes by rel+3aals an action slzt be
the ~arts~ttstJaeur .eta *ift #reo* r wait wftW be soma ,
sboelt Visa, testaia to pw*w the setter lydpsUr, to eossalt perivet.
as bm h s rtwete vith dt~ see". Mt' seer.., we
Mut am" mtsraga A^ Ow Ow we sea" !ar perpearatio of t1N 0"0.
A be 1r'oa -t ei to fh it9aswrlara ?Ls 3ari"Sat ea in ukUft Mr. 4bw arr
eaw" -. Aft" "O fliLustasr the jwedlotls is %421 tiro
was tMos4. Au altoaraeetiw %* for the TRW= to
tie rj$ t ,psisf ' a" his .
fiatton, 25X1A9A
Mg?tl-= l - AosttoDCI
25X1AA9A
.0 "not" C&A"al
I fl"
t - DOCZ ?-33-= Lien
3 1
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I I
$i uMM FOR: Mr. John S. Warner
O. x,'(,?r t Technical Adultery and Nstuaralizetion
1. oection 316(x)(3) of the D migration and Jletior lity Act states:
'"lie person, except as othervise provided in this title shall be
naturalised unless such petitioner during all the periods referred to
in tlxis cun.n:ction has been and still is a person of good moral chtr-?
2. Section 244(x) allows the Attorney General in his discretion to eu wporxd
yw t:ion with respect to a deportable alien who mmerts one of several, sets of
Qiteria. A co=on criterion for each set is that during the period of time
qp riste to the category the slieem "bas been and is a parson of VW rmora.l
,,c ttor.
,.ctioa 101(f)(2) states:
Tor the purposes of this set, no person shall be regarded a au, or
:ound to be, a person of good saoual character xtio, durtug the period
i.or witch good moral eberacter is recognized to be established, is,
,;,r ka:: one oho, durinE such period has committed adultery."
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etir,n iol(i) does not define good moral character but c ec at aq " preeluxsi.ve
etuaiiamli-, ac an aid in J ne, detararintie to the and of GTevater Uniformity.
?w : t:inc .rds apply squally to section 244(a i and section 3l6(c) (as well as
OUrs in Ohtch the tea is used), by the terms of sce"ti on 101(r) . The leadin ,
we on the point with wbich vex m" t deal is specifically a ruling on oaction
M. I believe that it follow i fro i the abovo that it La also applicawle to
wetion 311, and this vvtz elceer1j indicated In the opinion of that case, wt.ieh
ewll is cuss belov.
.
&Yhe precise question with which we have to deal Is whether an sflen,
obt
a
a Mexican c a l order i v rce and subsequently rice; in good "ra ttl~,
or
r%.
a person of Good : era1 ch master within the r:'.c:aning of that ter
ey cct
::~ i
_ in aectioxr l01(f)(2) of the I=igrmtion and Nationality Act.
The leading cese:e on this subject is Dickhoff Y. :.'uau; hn esuy, 142
FP i>.(D. E..D.N.Y. 19 ). Thin to to t' knowledge the only case which
%tc,; a Jariows analysis of the particular problem of technical adultery. Be-
"2t, .L ' t:) fairly ccsrtpa~ehetisive b 7prosch I rue attaciain^; a : u11 text of that
>te'tirr, .., t'ne opinion doalinG with the gsauation at hand. i`i:e holding in thac
i:~o;,~. cs:? : rasa that an alie t who obtained a 4 xican ::ail order divorce semi
married in C i faith waca statutorily eligible for nuspensic:n r~.
;t ?~,,?; Uncie?r section 21:~s(et}( }. r'or the reaso , I we".ntioned in parugrapt=
y ", L:_i~ La, in effect, n bo1dini that within the i;ouuiug of the terti e*.
IV ,': 't-o.. ;tatute, Dickt:oif vat. of k;'noct .~ornl cilitracter t lterlil:ritctnuling u e
'~':icxi (;ultcry iiup1Icit 1r, iiic -?surital .4tatuu. fxu;!d.r the btaterent in
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,t r pinion in that case (at page 538)t "Neverthalesa, we cannot have one
:A w cation of tho same statutory provision the naturalisation is involved,
another when deportation is involved." Apart from those cases oomsnted
On in tp o Dickbotf opinion, I find the following =was in point.
b. Petition of Greu].ieh, 117 A 2d 316 37 B.J. super. 371 (1955). This
asc ;.eld that where the petitioner was naarrla& in 1,938 in reliance on an invalid
Wjcaiz ::aai1 order divorce which heel been obtained by her spouse in 1935 and bard
lr,ir,Ni in such sarriage relationship for over 17 years, the petitioner's coa-
t xa,6 not tantamount to adultery proscribed in the standard of rroral3ty estab-
:i by nection 1O1(f)(2).
c. Petition of Dawilva, l4o F Sapp 596 (D.C.B.J. 1956). This case
in a terse opinion, that the marriage of the petitioner subsequent to the
~curesaant of a Mexican mail order divorce, was bigmaoua and adulterous and that
wwvqucutly the petitioner was not entitled to naturalisation. In the Da5ilve
eyinion there is no attempt to distinguish between technical adultery and actual
edultary within the meaning of the statute, nor does it appear that the quasftion
d. A related case is In Re liayall., 154 Fed Sup 556 (D. C. $. D. Pa 195T).
y, trice case the petitioner was divorced in Great Britain and subsequently married
:r ram ylvnuia the person named in the divorce decree as correspondant with
wpcct to the grounds for the divorce, which were adultery. IX PammylvamU
acre is a positive personal incapacity placed on a party to such a divorce action
Lich proscribes marriage to a person with whose he or she has committed the crime
if adultery. Notwithstanding this, the U. S. District Court for the 3astern
li+trict of Pennsylvania held that this was not determinative of vhetbw he sub-
eeQuent Living with the second husband rendered her moral character good or bad
ithin the meaning of section 316(a), and the court made a positive finding that
sc rev, and had been a person of good moral character.
a. I am unable to find any appellate cases in point.
4. You will note that on page 538 of the Dickhoff opinion there is mention
it tour prior cases on the question of whether the commission of technical
eft1tery precludes good moral character. Two ware stated to have been in the
"ttrmative on this question and two in the negstive. With respect to the two
stated to have been is the negative, I do not think this is quite so. With
lwpeat to the petitions of FO and lM, 137 F Stgrp 782, this case turned on the
lretion of whether acts co' vatted before the Iaveigrittioi: and Nationality Asst
e+ Passed could be considered in this question. There was no question with
"Gat to the validity of a divorce or subeequsut rermarriabe, and, In feet,
Ure was no question of "technical adultery" at all. As to the petition of
*m's, 142 F Supp T49, this we a situation in which the hiviband obtained a
*dean divorce sf r filing his aatu 'ligation petition. Where was evidenoa
lit a Oeretrieious relationship ezistari lam before the divorce and that that
Wationsi ip bed produced three children. There wasn't anything technical about
%U. 9'he two otlmw cases f7rom the Southern District of Now York, said to h
t14 that technical adultery was not a statutory bar to a firrstimg of good moral
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 Approved For Release 2Q05/12/14: CIA-RDP67-01057A000200030001-6
Oft 10 a as! MA lhwft*We I eat most" to o, Irat on am here.
1?, POOO% the IMASM OR ar lusty acrd gmd m a,1 meter, ftr* n
ium. .g Ps 4"5, atata the lblloningt
t
01110 190 %M NOW * tiii 4til ie sitawtiGns iusoitrft 'teehnioal adult' where
j ,IVNQNNIW Loos fa ?ood faith or harit am.
011; on as 3 r Vaik JIM a dIN g. s ea is .tai+u basis ewr a long period of tiers.
s+~~'rlasa lapdtmd by as existing iapediaent.
or iOl*'Ms if iM esrteao#ed hll eseoM a iap bmeft that his
first 1rl fi/ *s still iw @#A that the first a rriagr ass mtertiinated,
tie rip pw~alttei aid adultery, MA +uaaaat alms the shelter of a
1,11 Ina ftmpft validity at ttte aeooad msrriages. And one ruling
br01 ft" a" seek IM net DWI by a sbbsequeft mma pro tuna
(ri bODRitaw) aatwiawtt at ' first mnersap.
"00 wt NOOSUMS RVAM*S*m eiae On a party has .st 'ed into
sssr#gp is good lbths Opstzrs at MW ltpif1 t. q W prier lanr such
a pasaos me swat alNle$S 1 with lass of pod a3wecter. In its earliest
rum after tlrt vi'tre fll~e date of the 1952 Act, the Boerd of Mesigration
Applta tasiad to *& we to the latter of the statute and found that good
felt h slow AM net am"* the peLialp.mt i* an adulterous association,
W A3"8 it hot been Ica fur t sd by a ,Wriage. In Dic off Y.
aorsw7 this lass ims esa efu fly zysocasi l and the court found that
the i Let ass net fated to
penalise 'tscahaioal adultery' resulting
tte^t a
ave ll
itl
"
/S
25X1A9A
p
t
r
~
ldN tali+erU On i*V*Ud tfs=ican divorce. There-
is not ~ ro ent
Office of Generyal Couuael
0oC sl'C zre
Orig. & 1 - Addressee
1 - Sum~ect
1 - Signer
J,- Chrono
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
ONAWIN ill D"I ter Directs? (support)
onm Cost at o fta"t of wr"ts
32 August l9W
25X1A9A
8 Jr 7960 lls tdus to Dsp %y Ddt (& port)
em pls+esbor at , Saetes subject
1. VIP hsme Dos COMMA the mooed senor ie vhiah ooatainae a
ww"dati+as the 7o S 1 of the Dermot at $ll~i.1T, nsaouosb1r
SW to t7 of I I to moo, at the 25X1 A9A
to of
woY oat' iS3s as his e D sn With respect to the shiPsift Of
to baasshe" efiaste..
2. Dt vettia Mss asst Assay ati+oe no. mh1ch you issued 25X1
*T I l960, eu@W4 far Sall ea ess the prineiy1e that the
Mtoeiwstrt em Moran toe o0it0ttion as a result of saesawls reliance on
M saeaa t i t s at its o f f i c e r s a mg strop becefits provided by
tit. 'axis ew Msrs to fall *3s1rly within this priasiple. Also, as you
M, the atssseiittf aatbaaorit3~ee Mated to this A sect' in the Central
Ast
r s Ibiah the au rit1 ss delm ted to the Is/S
SaeaiLelb7~e lbor the molutios of a rdiawy a 1' "-
re po lies with dish arty aO WN111 seat aDttsay eight be confronted.
25X1 A9A. !o %WgMmff SiMS C3 is burned on his ^ienm0er-
Wim at b* s tttmpeetSttmt eatitineats ad oaeio ueat shit by
15 am" of tZaoee et itL^ruts, the =stet of autharit4y to reiuburse
!hl yore tlrrtrl that perossrtbed Is wk oared by his reliams on the erroneous
WomIl sacs in the satiaos at those AWW ett'iai al s vith ,decm be dealt.
tuams at tun %Vwo oases the eoaeess east to hies is asst related to the peculiar
~ s it is the belief of this c ,es that there is
l W the dw" it Vol" ser^t that then U so ibesis for psynsat the
25X1A9A
Ott
?wfo'$
r~LSv It
.
? I`Add=siee, l+slbj.ct, 1$igner, 1
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Next 1 Page(s) In Document Exempt
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 E_ ~dilr f? w X1162 OR
t
of mwmwu;"-
25X1A9A
2X1 A9 i s a k
09 d4&4~. Yaw
FOIAB5
FS in O"tl=
as to WS,&t UUQW&WOO wt b7 VWJW
3. Apra UL &to" 21W
w t i to LUdt by
Salve" and
T A I M o
f #* r! t1~aLtza'~er
. ...... Ali,
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19 ment 196W
W. fxVmm#
Bi t
et Offtow tug tit
mw be ddow 64
fkm on v1Mwttw Vw% to t zZ, to tie vow not
Ltmat MW
t~dtt Bt WS "a 40 .tamer Pmt in st OGC
OW
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
e is =W 4 aA3pp" f as e u p to ttr
is 1~1r NUMMA" MUM 4c twMi aame Oou=4d1 Boo"
4OWUM a 3o ammu ve In ter o iW. Zn aw Offtum Pt .
Is aat Tw it -2-1r to tie ramie is
w MF to 4w Ames at Wwarnimt .
rat 3 1$M u ftr ShAPNOW at i of M
106=00 iarone et 11,01,01OPMf+o - in SmOrGamw
arr#saI * I#t ad' .e'Ere - a3idp lsaa t aac rtt
*A* f w -8 IN alaaMO~~ ftr at~. 4Mt aiaii U GOVWA&U"
i.u_ Vasa ad webm 11 A ast t* Vii. Z
mili *1110 SM t ltad.'& for go at iIM4ta wt In emc~ at
7 asr Ow afire of tai alas dift t t is %rlobt
bs mom" tw as 9406 at Sm" .a. TIM
soi at so bqr ?ham" .than .deers
M l fua aai at lld "tun as is a"-t at 09 00" h SW
.
Oaks" wit Tae a oar yrt at an
Z* rMloft wr via ow s it is 'a qoxdm at tbu MUM
>0 # 1r' at ONO" tZt~n~o~r No a it rm MI&V tar to nun
Ift v doh at t1r K suA mw to Aimw
IAl+ms
mviiiw 1wlSlra Us bird if a SM aw aoaewrs VQWt iII
low 4 s. s it !p aae. mix" I" UAW me recauttimm
Mr ao~ fps 'Mrt+a~eC sls+owt of adateh
oiM a* iet !o fir elrArs as
~~ t~ td-1~s "14" at *waft tmdal- as 41924"0 ia?s
Mat Ml +i! il! Ovwro~xt ampow pia monew to a poet oar
25X1A9A
AmetW6 6 p.I I I
it
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
000 6o.j (a)
22 AWWAt 1960
25X1A9A
25X1A8A
I Probibitiba C ts1asd to Beotiio k51 of Title S8
U. B. Code A ,not 701%Iy 0101 Jiaf~s and t raw Uftm - e or 20 1960 to Ottioe at
PISOUGIft g Cs1,?~ an man TIM& 28 U. a. code
1. :etticm at Title 23 of t1w V. S. Code, Mosat i JWe 95,
#8 (6$ Mat. 908, sets raft thatt "As ' mice or J
s
sr the satharit7 of the tldited States +1o meopw to the VmotUm
dim is goofy at s. hIgh . " You ba ae La9drea_
a. As to sd*tbear " .ae Of Saar" x+ ers 004 to V. 8.,
auto acct tvrritoriax Via, and
U. *aet a Federal Judge or 3vsties ems vit'hos-t
"avantn the statkam be a VU-laser at a tOW014P Ur rLrIM
having its only ammam abroad t and ~ as par taws only
lawyers ~tltted to j Yicm in fmm4p eam2triesM
2. As a tom' of baeltzromwS
- -AA
d
t
,
. pp
s
out tbMt this JAW trhiah
IN the raa Per"nout uneaset
"? . . that it ah.ll not be 1rr Zu1 for OW Judo
&MmWtad ands the se.thcn ta- at the hatted States, to
exm4d*o the IM or -Too -mat, of aattmrrl or
Ott*VMW Or t* be And ed its the preatim of Ow ho.
ibiiti pW%M this t, or MALU be dammed smUIW of a
high 4" (2 Stmt. 788)
MIS IAO$ U&Zly sa- ated bw the Gast s as 3,
I
14 wIll P i be aofyttf law reference the 3udiaia37? (36 S#+at. Ila)
the prmpeadi+s or "Wlq t
Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
sl ewr attar' him beau adtba~t tt'a? fteUm 40. >da~rsr~a w
of ImSLAISUw h1at017 aoattadard in law. Aopaat 348, ft* rr,
arst Madam, *MMIMIl. Cs2~r with "awd to tics "emus ""
y aarsa0 *am WWW.' we q sit $1 Gamma, tllaaeafasrrt, Ilea 'ae
woo" f*CM r to MGM aad%t*d 0199V MOMMIN art the i'last drat 0441M
as aar1 ? attssaq Lns, tiizv h the Noun% tiaaatto man
ainfaarrtsatd
N b+ iuslarW to 08 taea '' ..tios CC ULU" _'ie fWIWW& Wt" NOW in
gyg"v IS aarSerar PL is arias aro sraaassws is ams.arssam,~ to
SIB thaku to tl*t the plstatloS, at IM is eft 2tadti to 'mar loearrlart at
Vg" is a.rsrt brit is a U" m :man to s1 ust U p& s*rlaat aat asalas l.,
V* parapsaesdtiaa at 140" 3ar sts arrt s %V MU& lewd
01 111 1
r isms -' MHUImt. VOINW, it is &A earaatrras tlar-t it Ito be
ecolva t tree the 140a Gavle" saslaast.
30 he Sol 1110 CbISt In the INS* st be (IM) U16
311, IT L. a. a** in Is tl s. d ad auli o-sow asarstad In 18Lt
(ief+asred to altaw.), ad ada"aar lames p"4 btt 00 a, t ad'llaisia
two. bras In OWt n odtsid. satti~rit s larass tlils With the adliat
t.La, statadt
' be +a~eldsaert parlos~a of Oaar~+aaar In ad3 11h1s class of
!MM bass to psrsrarat. sKiedarM{~ ant iaal~s city is
the di. sir r at offisisl dsrttoew and to
go"arr
di.oipliam in tha ywhli-a saanrias."
? tbars *OWN=% as this laur -u ,radii in $10 4010 CCi .h
. (1908) 15M F. t"LS, it IS IFAMIS ft
Van xi t to aostraat b.2a tgs to "MW adtlssn; bit
wlea a- adtisaa becomes It soar i at Caa sso, alt right to
c ct wiibh his I I Is, 1W ftwo It. I (u. a.
CdO. seIt. 1901, P. 2308), Illim d h'n. 'i!e ps+0[Mrfsdan of
Im bars bow bald a rtdbt at wblath Oft EW aat be aw" rd
br 2alist iauo but oar 1 W "am at "wt. In parr"
QWUMP 719- A. 333, 18 L. lt. 366. lob,, ad+tst a 2arlq'M
beaNss a lbdrrs1 , the laar %V aanr. 84. 3 T23 (0. d.
Gash. at. mm, p.~, trot ds ha the eitt to on his
acrd w his p KNOW-
we l ps oAlLiltaaaa
it srsrlariettsar of liberv are isge'1wtt~aO11 ad perepiar -.
Tsq am the Uwe ands to VMS* ma ""O era : the
S W I T " m as as. ataos to the
arsi
mma 4=V- --- 2=!NjmfMI
4. Twain to tsar aprait tam.,, w woo" @Wt
sc. 1!e ps+ l ildtios In ?sstlaaa 4V4 alai st as w
at lair Is sort 1ladtsd to Vie aft" Ittatarrt Omits oatt 'Ias.
a
?~'~ 1G5
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
WL-UTIrl -1
'fic $ m flaw ate os liras raq~r+epsett
~eyd 1V bpd ~ ttbstai resee'e1~ti+~t et t cer its
,lts~ e+ of the 44um of aw Y m1 Joettae or judge
r b o ~p~es la * M p a w ties of 1 .' , we
WA tM f w a $ ttme as' jut" to aWMe is dare prretioe
of lswr MMdm@ im the roe'1d f s24 be In w as of
the Aft-WO
b. With F st to raw MMM sirswotiw, it is elsrar
r-t i o ivity se s esauee' at a dip 3wr ftr %Mtli
csxrrtttoW tbt tae of Ltr ad t h" tiee1& plat as
iad#rLioat lwrlsea' tbe JP d lbdl,'U m-- re t lis+ed, to to tb* enanrkr
to tiro first ~eot3oa.
cr It ties sbeeo, It voo1d bs posaiDY,, for is 1-ederel
~e CC $ sere COMM (altbor - it be irgi i th"
IM ethtw1 sbordss+ds at eaar of tlws rv14 pematit it) to bwe so Intrerast
M a osaT sae Or M*acl Iw tue 1111i1,e tag doss dastsioos in
w tl tted ftabe** It s rage the also,, two awr bprpotbetic,al judge
WA iced be Mooting two wester st t pop= disdpUis. in the public
Novice r rt aft bm* be= wa atatae*.
S IG11ED
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1 - 9roect - (~ A
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
OOC 60-U45
000 7=9 Assia snt thief, Develagomm Projects Division, DID/P
oil Housing AZ.' ss for Pe reonnei Assig ed to Domestic Site
1, By yOur ssara~~sndu0 Owl-4740 you have set forth the prdble of
ON she its U 1md high rectal costs that trill be incurred by personnel
'Sol to be auignsd to a dossstie field ia+stallation. You inquire as
3s011t7 of ps asst of a boutiog albywame (a) to civilian peroonnel
iA to be asaigmsd to the boas, and (b) a suttplensnta1 housing or cost-
- allgamme to silitsry psrsomiel detailed to this Agency for work
IM bsss. PralWosry diseassions vi th rep&'esentsti vse of the Air Foree
1 ruing the omen]. pa'ob]lm have not hew fruitful. Agency statutory
jjtiss, hastiner, prov14s cut ity for soft pyres.
It. *1101- s0^-ensatlrat or afannses aMy net be paid to federal
m'" =lass spsatfts stat"twy is provided to allow for
r Ao.ipt of au* sUowmm pays nts by the individual (5 U C 70) and
FOIAB5 Est all . (5 WC 69) &amb MUMMY svided
1Mag1-
OGC
1.6`,
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 Approved For Release 2005/12/14: CIA-RDP67-01057A000200030001-6
FOIAB5
OGC
4. :-ectiona 901(1) and 901(2) of the foreign Service Act, referenced
If section 4(b) of P.L. 81-110 set forth above, and the regulations of the
Arsident issued in Executive Order 10011, restrict the granting of housing,
ysporerv lodging, and cost-of-living allowances to Government personnel on
0eig-n duty. No authorization has b+ provided, nor rates established,
pay ant of such allovances to personnel stationed in the United Staters.
.he granting of allowances by the Director in general confos cane With the
mndard s and rates established by the Secretary of btate is t lerefore
wthorized in accordance with the clear warding of &.0. 10100, underscored
kovc.
5. Thu legal authority for payment of cost-of-living or housing
silovancos to military personnel by CIA is not subject, basically, to any
Ufferc.nt considerations from those necessary to the determination of
tern of the allowances to civilian personnel. Freedoe from the restric-
:ions on the payment of extra allowances set forth in i USC 70, is con-
tained in our organic statute at section 4(b).
6. In Johnston v. United States, 175 F 2d 612, at 618, the court
Llscu:;sc(l the question of appropriate legal authorization for the pey>vent
:f extra allowances to military personnel. Although not necessary to the
!ocicion reached in that action, the court stated in psasif:
. . . It is true that the ai2.itary pay of an officer may be
:X i i:Ly- inadequate when he it called upon to discharge the duties
o " e, civilian office requirir great expenditures,, and it is of
courtie true that in such situations he should receive the additional
n"?ovanceu appurtenant to the civilian office. But we find that
C