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Document Number (FOIA) /ESDN (CREST): 
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Document Creation Date: 
December 9, 2016
Document Release Date: 
September 18, 2000
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Publication Date: 
April 28, 1976
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PDF icon CIA-RDP79-00498A000100030012-4.pdf250.68 KB
OG-c. -71- 2 274' Approved For Release 2001/08/27 : CIA-RDP79-00498A000100030012-4 y -74 OGC HAS REVIEWED. MEMORANDUM' FOR: Deputy Director for Administration FROM Thomas B. Yale Director of Finance SUBJECT Waiver of Provision of American Airlines for Employees Prior to June 1975 25X1A 25X1A 25X1A REFERENCE Memo for DD/A from D/OEL dtd 26 Mar 76, subj: Exception to 1. Action Requested: Your approval, under provision of 25X1A of the referent request for exception to 25X1A= 25X1A 2. Basic Data: The exception requested relates to an un- determined number of employees who utilized foreign air carriers, for reasons of personal economy and con- 25X1A r y venience, for travel to Rest and Rehabilitation locations other than the officially designated R and R point, prior to 3 _ June 1975. Through misinterpretation of Headquarters advice that foreign airlines could be used for R and R travel to ]IIIIIIIIIIIIIIIIIIIIIII~25X1A as no American airline served the direct, usually traveled route, 25X1A allowed the use of foreign airlines to alternate R and R destinations over routes that were served in whole or in part by American carriers. Travelers were reimbursed for such 25X1A travel in an amount not exceeding the cost of the round trip air fare between Agency auditors, noting that this use of foreign air was contrary to recommended 25X1A that the Station initiate action to collect erroneous reimburse- ments resulting from this cause or seek blanket waiver of the provisions of for such travel performed prior to June 25X1A 1975. A Station directive issued in June 1975 has subsequently corrected this misuse of foreign airlines. Determination of the number of travelers and exact amounts reimbursed in error would require extensive research of Station vouchers at Head- quarters and has been deferred pending the outcome of the request Approved For Release 2001/08/27 : ClP a~l< i~~ ~~ 6 's 25X1A_ 25X1A 25X1A Approved For Release 20Q1/Q8/27 : c 8~0R$t0100~R012-4 SUBJECT: Waiver of Provision o r American Airlines for Employees Prior to June 1975 3. Staff Position: (a) The Office of Finance has examined the propriety of waiver of the provisions of under the above circumstances in terms of the authority delegated to the Deputy Director for Administration in HR which permits his authorization or approval of any emergency, unusual or additional payment when necessary or expedient, if allowable under existing authority whether or not spe- cifically provided for by Agency travel regulations. The Office of Finance has consistently interpreted the phrase existing authority to mean existing statutory authority; there ore, consideration of the applicability of HR was in this context. (b) Agency regulations proscribing the use of foreign air carriers except under specified circumstances were first published in October 1963 pursuant to a Concurrent Resolution of both Houses of Congress dated 1 October 1962 This Resolution stated the sense of the Senate and the House that when travel on official business is to be per- formed on civil aircraft by legislative and government. officers and employees that said travel will be performed by them on United States flag air carriers. In response to a request from the Chairman of the Travel Policy Com- mittee regarding the legal basis for the requirement for use of American airlines and whether the Agency was bound by Government regulation requiring use of U.S. registered aircraft, the Office of General Counsel, in OGC 70-1773 dated 20 October 1970, provided an opinion as follows: A Concurrent Resolution is not normally legislative in character, but it is used to express a fact, principle or opinion of both Houses of Congress affecting their operations. This resolution (re- garding the use of U.S. airlines) also affects Government employees generally and may be considered the strongest of policy directions short of specific leg- islation on the subject. This opinion was the basis for continuing the Agency reg- Approved For Release 2001/08/27 : 7CIA-RDP79-00498A000100030012-4 ~L/ v 171 Y ~ Yc. iSra4 'd 6 WY'tin Approved For Release 2001/0$/27 : Cj 8,x,000109030012-4 SUBJECT: Waiver of Provision o rave on American Airlines for Employees Prior to June 1975 ulation on the use of U.S. airlines until passage of the International Air Transportation Fair Competitive Prac- tices Act of 1974 (P.L. 93-623). Section 5 of this Act requires, in the absence of satisfactory proof of neces- sity, the disallowance of expenditures from appropriated funds for Government financed commercial foreign air transportation performed by an air carrier not holding a certificate under section 401 of the Federal Aviation Act of 1953. With the issuance of guidelines for imple- mentation of this Act by the Comptroller General on 17 June 1975, the requirement that American air carriers be used when available became statutory in affect. (c) In view of the foregoing, it is the belief of the Office of Finance that there was no statutory prohi- bition of the use of foreign airlines for o icial travel prior to 17 June 1975, and therefore the authority of the Deputy Director for Administration under provision of 25X1A to waive such use in the circumstances de- scribed in paragraph 2, above, is not impaired. 4. Recommendation: It is recommended that the provision 25X1A of which requires the use of American airlines for of- 25X1A ficial travel of Agency employees abroad when available be retroactively waived in the case of employees who used foreign airlines for R and R travel prior to 17 June 1975. homas B'." dle No Legal Objection: General Counsel Date The Recommendation in Paragraph 4 is: Deputy Director for Administration Date DISAPPROVED: ministration Date Deputy Director for Administration' Approved For Release 2001/08/27 ~ CIA-RDP79-00498A000100030012-4 `^ tNCLASSIFIED? INTERNAL CONFIDENTIAL [] SECRET 7~F A1ONLT 2nLi11nQi~7 r?IO Q a nnnaQnnnn~nnn~nnI) ~ 1 M i ^rr^ ^ ~u^r ~~ ~~^ rn awe ^ 1 I P ^S ROUTING AND RECORD SHEET SUBJECT: (Optional) FROM: Director of Finance EXTENSION NO. 1212 Key Bldg. DATE ' r 31. i l !. d~ ~ TO: (Officer designation, room number, and building) DATE OFFICER'S COMMENTS (Number each comment to show from whom RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) 1. General Counsel 7-D-01 Hqs y,a8.7~ 2. 3.Deputy Director for Administration 7-D-26 H s 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. FORM 610 USE PREVIOUS SECRET INTERNAL 3-62 EDITIONS ^ E] CONFIDENTIAL ^ USE ONLY UNCLASSIFIED ^ rA ' DE ILL C '' FI 1 TT CO A OFFICIAL ROUTING SLIP TO NAME AND ADDRESS DATE INITIALS EO/DDA Z 3 ADDA 1 7 SEP 197 4 5 DDA 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE DDA 76-4564 Remarks : Tom Yale asks that you approve waiver of need to try to find vouchers of employees who used foreign airlines and thus need to reimburse the Government for doing so. Reasons: (a) claims would no way equal the cost of conducting the search! (b) probably can't find the documentation to prove the claims. OGC agrees! RiZ FOLD HERE TO RETURN TO SENDER FROM: NAME, ADDRESS AND PHONE NO. DATE rrovrd Co - - Ap FORM NO. 237 Use previous editions (40) 1-67 rove~it ~~s IF _ UNCLASSIFIED CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP O Z DATE INITIALS IA 5 .~. 4 2~) 5 -y~- Ill! uF 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks : ~^ L FOLD HERE TO URN TO SENDER FROM: NAME. ADDRESS AND PHONE NO. DAT EC tr UNCLASSIFIED CONFIDENTIAL SECRET Ap Ap FORM NO. 237 Use previous editions 1-67 ~7 I STATINTL AT! Del - After Mr. Blake signs, pie Approved F%rel.?Ie ..1. -8K98A000100030012-4 STATINTL Approved For Release 2001/08/27 : CIA-RDP79-00498A000100030012-4