REIMBURSEMENT FOR LUNCHEON COST OF CHIEF, SUGGESTION AWARDS STAFF

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01370R000100020004-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: September 17, 2000
• Sequence Number: 4
• Content Type: MF

OGC HAS REVIEWED.
Approved Forrelease 2002/09/04: CIA-RDP80-013700100020004-5
MJI! t313AA 14 R: General, {del
SUBJEM : Heimbursees>smt for Tandboon Coat of (fief, BuMwtian
Jlwaads Bteff
llam dated 14 morch 1961 to 't1ief, 1kn%poemt Staff
arose Chief, suggestion Awards Staff and lint
mutt to fr+au I sagseoaiot Staff
i4 morch
1. Refs II and first eudorseneett are forwarded herewith
and it is rem tit your Office provide us with a leegal opinion as to
ubsther this type of claim oen be lady paid..
25X1A9A2. It spoon to this ice that the I n oust of $2.25 might be
reimbursed to miss 0 sisne she was dined t r the Chieef, >llsm-g-went
Staff to attend the luMbson and since the i*m*w= meeting rears concerned
with the f ct ione and activities vbi(t UL" II is concerned with in
the ApoW. We base this possibility gp1O n the fooUoviaeg Wooted provision of
the Oove:e=aenrxt Ilanple Tees ?mining Act, Public ism 85-507, Section 19:
25X1 A9A "(b) Hereafter =W cation available to mealy departs out
for eq4nsee of travel shall.. be available for s3Vemses of attem+tame
at meetings rb we concerned with the functions or activities for
r Bich the cistiion is mods or which will contribute to 1a oved
coaftwt, st errisi , or t of those functions or activities."
3. We believe, L mwmr, that there are other Oovexmmnt regulations,
ttosgrtzoUer GeneraL Decisions, and public laws i*ich should be t into
consideration and migbt take prey over the provision of Public Low
85?-50 cited in the above paragr *. Rose st ns, decisions, and
public :cis ihich we believe have a bearing on the subject are included
as follows. Beres also w W r be additional.. ises ces rd ch your Office may
be aware of which r ld also have a bearing on the subject.
a. Btat d sed GoveraMMA Travel awastions - 6.8 - Do
&U0WAM at Pear ere iron of b-
s st a not Too *Uoved an aurae either at his pezmanmt
e station or at his place of abode from rohiic h be commobes daily
to his official station. w
b. Standardized G Trav l imams - 6, 1 - Per Mem am in lieu, of wasixtenee Al.l.~. "Tm is iudes
als
c aiie rge s for me
, .... "
25X1
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c. Ller General steed Decision - B-, -]. -
AM I r 24. 1959, - Additional - as kq%
Incnl tided. wftaff amber of wive Activities Control Board mho
alms reimbursement for luncheon ej;pense incurred at interdepartmental
conference held in Wash., D. C., his hemada~rarte re, is not entitled to
reimbursement on basis that Govt, ftgoyees' Training Act making
a lrpropriations "available for expenses of attendance at meetings"
(5 U.8. C. 2318(b)) constituted authority for payment, since sere. 1765,
R.8., provides that no officer whose salary, paVv or emoluments axe
fixed by 1ev or raegulaattions "shall. receive any additional pay, extra
alloweioce, or tip, in any form whatever * * * unless same is
authorised by last," and provision is not viewed as authorizing agencies
to incur esperse otherwise precluded by ROSS, aft* 1765." A =W of
this entire decision B-140912 is attached for your ready review.
d. 38 C.G. 134 -- B-1 - Civilian Pereome l - A?~ -
At at Hea~a3riar+ear'tears - g ft ions. A fee
for the atten of a GOVOXI maantt officer an anatc luncheon
meeting of an association at the offic 's heaadqurwrartarrs may be paid
from the travel expense appropriatiocc made specifically available for
expenses of attendance at meetings determined to be omuterned with the
function or activity for which the appropriation is macs, notwith-
standing that the officer was not in a travel status....
"As a generel rule, the e3pense of subsistence at wadqueators
is personal to the employee and meals ordinarily may not be furnished
him at Goverment expense within the :limits of his headquarters.
Homer, we have held that the t of a registration fee incident
to attendance at a conference hold at an ms's headquarters warn
proper, even though meals ware furnished to perms attending such
oonfarance at no additional charge. See decision of A g?tst 25, 194T,
B-66978....
"The Associate Director says that payment of the $5 was required
in order to attend the annual meeting and you point out that it in
difficult, if not impossible, to determine the value of the meal
itself.
"In view of such facts and of our holding in the decision of
August 25, 1947, we are of the vier that the entire $5 charge is for
ace .
"The voucher returned herewith maagr be certified for paymeaEnt, if
otherwise proper."
4. In addition to the questions of legality, this Office believes that
there is a question of policy involved in determining Aether this patent
should be made. There are many persons in the Agency and many more through-
out -he entire Government who attend luncheon and dimmer meetings of various
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associations whit dal in subjects mods pertain to their particular work
In the Government md it is oommn knowledge that gaeeereLy the cost of such
lundboon or dinner is paid try the rods i_1s sttesatdingg from their personal
fluffs. A mwiw of P seal Division moords s +ls that O U t'pe of claim
is not being submitted by others in the Ageow and if this one is paid it
will establish a precedent ubich aaa r be difficult to administer.
5. fore a poll r dartaneixxestion am be considered., it is necessary
that it be dete seed whether the pe it am be ands l y. Obviously.,
if the peWmant not be seeds teiy there is no need for a policy darter-
ainstion. Also, it erppears obvious to this Office that the Ommmat
lees Trslning Act, Pulic Leer -507 peraaits each Arc q to place
qpm pmt and reimb r sea errt of training easpanse tpr the
used tatiome
issuance of a periate Internal raga ations. In this connection the
following portions we quoted trce the Training Act:
dectioet e . "tls& decent sbAU issue such .regi tsti0na
w.
as the d rr ent necessary to DIAMM=t the dons of the
Opa On Issued waedaar section 6 (a) (3) in order to ,p ent the
Government with respect to patent and reiatsurseaaeat of training
Nq 11110!
b. 3ec'tiou 10 - Raw= of ggnm ea t
. of sub darparbont
!9* - "Mw head
as
in aow r h Isond of the Cicseeaadssion uAer a:tority
of section 6 (a) (8) is awti sed, frEaa funds appmpriatad or other-
wise sraiLabil a to such dr sarteasit, (1) to pat- all, or ac part of the
and, nl&t
04=wj. M. or 'on
differ pair) each aelcWee aw Iwo ! selected
and assi,gted for tr i ring by, in, or the G v+el"rae eiit facailit or
non-r."+ka ez t f4012it4ea +wder SlUtbAritpr of this Act., for' each period
of anaah training of sucab SMIWftp sad (2) to pep, or reimburse such
use for all or acy part of the aseeesser3r a~pemear of such training,
with reg xd to section of the ke'riaee& (31 0.8. C. 529),
including aeang swh eVenaees the necessary wets of (A) travel and per
dies in lieu of subsiste a in socordanoe with the Travel i ee3se Act
of l , as ameegded, and the dtaadsdiaced (ikrv+Will aeausroet Trarel. aegulstl.oans,
... (1! trams orta## - of bresedl aim faa l iy, hous-Wuald goods e d personal
etftcts, pa*tng, crating, tare Ora stormV, dragage, and *mpoW ng .. .
(c') tuition and seatricuistian fees, (D) library and laboratoay services,
((]t puresiaosw or rental, of boob e, teriats, and rAWIies, sad (t) other
sac taoiliti s dirsatly rem to the training of ouch esplayee.
8th a oases of training ahsU at be desed to inet ie aesmbearship fees
sarnapt to the aactaat that s fees are a necesmazy cost directly related
to the training itself or that pepaant thereof is a condition precedent
to ur argwing sudl training."
6. It will be s ipreciated If ' Office will render an opinion as soon
PZWU,cee a.
lamFIss
Distribution:
Orig. & 1 - Addressee
1 - Management Staff
Fiscal Div.
/1 - Signer
3-
25X1A9A
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