CIA ADOPTION OF STATUTORY CLAIMS AUTHORITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600090008-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 9, 2001
• Sequence Number: 8
• Publication Date: January 24, 1974
• Content Type: MF

Approved For`RglgsPAW1/,YdP #-OP75B00380R000600090008-3
0 I-C 74 - 0.2 3 3
24 January 1974
MEMORANDUM FOR: Legislative Counsel
SUBJECT : CIA Adoption of Statutory Claims Authority
1. The attached legal opinion by OGC to adopt the statutory
authority of the State Department to settle certain employee damage claims
in the amount of $10, 000 was approved by the Director. To date, the Agency
has been adjudicating claims on the basis of a $6, 500 limitation, established
by the original law (August 31, 1964).
2. The opinion notes that the change in the law for the Department
of State permitted claims previously settled under the $6, 500 limitation to
be resubmitted for settlement not to exceed $10, 000. This retroactive
provision, however, was limited to one year from the date of enactment,
July 13, 1972, and readjudications under that authority would be barred.
3. Though the Agency can now adjudicate claims up to $10, 000,
it is recommended that we still actively pursue pending bills to raise the
limit for all Government departments. The legislation not only raises the
ceiling to $12, 000, but it provides that claims settled for $6, 500, since
August 1964, may be readjudicated for up to $12, 000.
Attachment
Distribution:
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OLC:PLC:cg (24 Jan 74)
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20 December 1973
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT CIA Adoption of Statutory Claims Authority
1. Action Requested. It is requested that the Director, by
signature to this paper, adopt statutory authority to settle certain
employee claims in the amount of $10,000.
2. Background Data. By statute (31 U. S. C. 241(b)(1)(A)),
government departments are authorized to settle claims up to $6, 500
presented by employees to compensate for loss or damage to personal
property incident to their service. By amendment to that provision,
the Defense Department and the military departments, the Department
of State, AID, USIA, U. S. Arms Control and Disarmament Agency,
ACTION and OPIC, may settle such claims up to $10,000.. Under the
amendment, claims approved up to the $6,500 limitation established
by the original law (August 31, 1964) may be resubmitted and
approved in amounts up to $10,000. Legislation is now pending
which would raise the limit for all government departments to $12,000.
4. A claim by a CIA employee of some $11,700 has now been
presented which, except for the amount, could be approved under
31 U. S. C. 241 (b) (1) (A). The CIA Claims Review Board and
the DD/M&S in fact have approved it in the amount of $6,500, the
maximum within their authority. It is believed the interests of the
Agency and its employees would be served by the establishment of
authority permitting the Agency to settle claims up to $10,000 in amount.
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5. Staff Position . The Office of Personnel and Office of
Finance have concurred.
6. Action Recommended. It is recommended that you approve
the adoption of the authority now available to the military, the State
Department and certain other agencies having overseas responsibilities
(Section 106 of P. L. 92-352) for application by this Agency with
respect to claims of its employees. Specifically, Section 106 raises
the maximum to $10,000 and permits claims settled under the $6,500
limitation to be resubmitted for settlement in amounts not exceeding
$10,000.
Associate General Counsel
OGC /'RHL:cav
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