GENERAL COUNSEL'S OPINION NUMBER 52-1, DATED 10 OCTOBER 1952

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05844A000100070085-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 1
• Document Creation Date: December 16, 2016
• Document Release Date: June 3, 2005
• Sequence Number: 85
• Publication Date: October 10, 1952
• Content Type: MISC

Approved For Release 2005/06/22 :
C19WP78-05844A000110 0Q70085-1
%,,DGC Has Reviewed
GENERAL COUNSEL ? S OP7 3@, _
.5j D #I o OCTOBER 1952
Advance rent forfeited by the destruction of premises is not
reimbursable.
TO THE DEPUTY DIRECTOR (ADMINISTRATION)
1. A memorandum dated 29 September 1952 from Chief, EE, to DD/A
seeks authorization to reimburse for double rental stated to have been
paid by a staff employee overseas during February, 1952, due to the fact
a residence upon which rent had been paid by him on 1 February 1952 burned
down, necessitating a further payment of rental on 5 February 1952 for
other quarters,
2. It is clear that the reimbursement sought would not be permis-
sible under normal Government rules. It then may be asked if there are
any special circumstances which would justify the use of unvouchered funds
for such reimbursement.
3. The question of recovery of rental paid for the prospective
occupancy of a residence which was not actually enjoyed because of de-
struction of the premises by fire is a private and personal matter for
adjustment between the employee in question and his landlord, just as
it would have been had he been assigned to permanent duty station in the
United States without rental allowance. The fact that the unfortunate
incident occurred on overseas duty, in connection with which a rental
allowance was being paid, does not affect the basic consideration.
.4. After careful consideration of the facts presented, we are of
the opinion that the use of unvouchered funds for the reimbursement sought
would constitute an improper use of the authority vested in CIA to expend
funds without regard to any other provision of law and solely on the cer-
tificate of the Director.
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LAWRENCE R. HOUSTON
General Counsel
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Approved For Release 2005/06/22 : CIA-RDP78-05844A000100070085-1