GENERAL COUNSEL'S OPINION NUMBER 53-2, DATED 12 JANUARY 1953

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05844A000100070079-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: September 8, 2000
• Sequence Number: 79
• Publication Date: January 12, 1953
• Content Type: MISC

25X1A
Approved For Release 2092V5/O 00070079-8
GENERAL COUNSEL'S OPINION Nt +SBER 53-2, DATED 12 JANUARY 1953
Expenses resulting from the cancellation of travel orders
are personal and not reimbursable under special Agency
authority.
TO DD/P-ADNIN (CHIEF)
1. A memorandum to DD/A from Chief, NEA, dated 12 January 1953,
relates to a claim by R.W. for payment for 25 days per diem for the
period between 17 October and 12 November 1952, and cost of storage of
household effects during that period. It has been requested that pay-
ment of the claim be approved as an "extraordinary expense" under the
authority of of the Confidential Funds Regulations.
2. The situation may be summarized with the statement that W.'s
travel orders were approved for PCS from Washington to B-; that he ap-
parently was given to believe the details of his cover situation were
more firm than they actually were; that he acted on the assumption they
were firm in moving from his apartment and turning over his household
effects to the storage company for shipping, and that subsequently his
travel was cancelled.
3. The cancellation of travel is not a situation peculiar to CIA,
but rather may occur anywhere in the government structure and constitutes
a normal risk of government service, be it CIA or any other agency. With-
out dwelling on the law it is well established that expenses incurred by
a government employee as a result of the cancellation of travel orders
are personal ones and may not be the subject of reimbursement by the
Government. While it is true a degree of hardship is involved in this
case, it is the same hardship that faces other government employees,
including Mr. W.'s fellow CIA employees. Accordingly a claim for
expenses resulting from cancellation of travel would necessarily have
been denied had Mr. W. been connected with any other branch of the
Government. It has been the consistent position of this office in line
with a decision of the Comptroller General (31 Comp. Gen. 191) that
the use of CIA's unusual authority is not contemplated as a means of
disregarding ". . . any control with respect to the normal administra-
tive or operating problems which confront the ordinary Government
agency." Hence payment of the claim would be an improper use of the
authority contained in I of the CFR's, in the absence of
circumstances peculiar to the A enc . This position has been concurred
in by the Acting DD/A in Agency which states in part:
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Approved For Release 2002/05/06 : CIA-RDP78-05844A000100070079-8
 Approved Forleas2i05I6Q?~,P78-058400100070079-8
"This Agency was granted unvouchered funds authority solely
to meet those conditions which are created by the peculiar nature
of CIA's functions and activities. It was not granted to be used
to relieve ourselves of administrative problems which are common
to Government generally and are not affected by factors unique
to CIA."
4. Although it may be stated that in this situation operational and
cover considerations were involved, this indeed may be said to be true to
a greater or lesser degree in nearly any situation involving an Agency
project, and the mere presence in the picture of cover or operational con-
siderations is not necessarily the determinative factor. The basic fact
is that whatever the reason, the travel was cancelled or postponed which
is not a situation peculiar to CIA.
5. Based on the foregoing it is the opinion of this office that
the payment of Mr. W.'s claim would not be a proper exercise of the
extraordinary power granted the DD/A under f the Confiden-
tial Funds Regulations.
Approved For Release 2002/05/06 : CIA-
LAWRENCE R. HOUSTON FOIAb3b
General Counsel .+k,