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Document Creation Date: 
December 9, 2016
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September 12, 2000
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June 12, 1967
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ll 0 Approved For J& WN Wi CIA- 1 2 JUN 1967 Riviewed* MEMORANDUM FOR: Director of Personnel THROUGH : Executive Officer, Office of Personnel SUBJECT Review of Travel Authorities and Entitlements STATINTL 1. and I held our working session to review the legal bases for travel authorities and entitlements that occasion either your review or action in individual cases. I avoided confining our discussions to existing regulatory provisions in order that I could ascertain the need for appropriate recommendations at a later date covering policy or pro- cedural changes. 2. Attached is a draft of the questions and replies handled in our first meeting. In our next meeting on 13 June, we will go over the attach- ment for correction and modification as required. We plan to continue this precedure on a weekly basis until all issues are resolved, at which point I will arrange for the paper's formal submission to you by the General Counsel. It can then be kept up to date as a basic reference paper in resolving future cases. STATINTL 3. On 14 June, I have a. meeting with a travel expert in the STATINTL to discuss some of the administrative arrangements STATINTL and experiences in handling some o the pro ems of principal concern to our office. Deputy Chief, Plans and Review Staff Office of Personnel Approved FAUN IAN"AR 13 vCj ?_ 03 0 Approved For ARM ff iVECIA-kill WMIN A Overseas Tours Question: Can the Agency prescribe under its own authority any minimum or maximum overseas tours it desires for designated posts and pay travel and transportation expenses upon satisfaction of the prescribed periods? Answer: Yes. :We did not discuss the correlative question of entitle- ment to home leave on the expiration of a prescribed tour. In an earlier meeting, we did raise the issue momentarily and plan to deal with it more specifically in a subsequent meeting Return Travel From Overseas Question: Is the Agency required to return a U.S. citizen employee, his dependents and effects if he resigns or retires overseas prior to the time of the prescribed tour and incur the necessary expenses therefor? Answer: Yes. Question: If he serves the prescribed period but refuses to return within the time stipulated by Agency officials? Answer: No. Legally we can prescribe whatever period is desired. Question: If the return short of tour is not primarily for the conven- ience of the Government? Answer: Yes. Question: If the principal reason for the return is involuntary separa- tion not for cause? Answer: Yes. Question: If the principal reason for the return is for involuntary separation for cause or misconduct or for resignation in lieu of separation? Answer: Yes. Question: If the Government is legally required to return an employee even though he breaches his tour or is returned for personal reasons or cause, is the Agency required to proceed legally against the employee to collect the costs, including (a) attachment of final monies due the employee and (b) out- side legal action? Answer: If, pursuant to the above comments, the cost of return travel and transportation to the U.S. is furnished upon request to a U.S. citizen employee resigning overseas and the Agency determines that the circumstances of his employment preceding the resignation were a breach of tour, were un- satisfactory or were for personal reasons not for the convenience of the Government, the Agency is required to attach any final salary and other monies due the employee up to the amount of the indebtedness owed the U.S. Government. If necessary in obtaining full satisfaction of the amount due the Government, the Agency is obliged in the absence of preclusive security Approved A fsj ff/a3 : NI AL ORE Mb240035-7 Approved For fi*C ON. PRO V . IA-R f f-~ C8 0 5-7 or cover considerations to instigate action in final settlement of the debt by turning over the problem to the Department of Justice. [The comments in this paragraph concern only the legal obligation of the Agency to return a U.S. citizen employee if requested upon resignation or termination abroad irrespective of the fault of the employee and the corresponding responsi- bility of the Agency to recover the costs incurred in providing such travel expenses. It in no way is concerned with an employee's entitlements to receive travel benefits. Agency officials can, of course, refuse a request by an overseas employee to be reassigned or returned home prior to his prescribed tour or time of reassignment as determined by the Agency. An employee's refusal to comply would constitute a breach of tour and perhaps other disciplinary or adverse action as well -7 Question: Are return travel and transportation expenses short of tour for separation, reassignment or retirement payable at Government expense as long as Government convenience is involved, even though the Agency's interest in the employee's return is a result of personal reasons (e.g. if the Agency wants to return an employee for personal or family behavior that makes his further stay untenable even though he may wish to remain, is the individual's action the primary cause and is the return primarily for the Government's convenience)? Answer: In general, the Agency may pay travel and transportation expenses to an employee returned short of tour for reassignment, separation or retirement when for the convenience of the Government. As long as it is in the Government's convenience to return him, the Agency may authorize return travel of an employee for cause whether it is also at his convenience. However, it can be asserted that an employee legally forfeits his travel rights when his return is required for cause even though the convenience of the Government is thereby served. Accordingly, the Agency has authority to deny travel and transportation expenses (or recover expenses advanced upon demand to a U.S. citizen resigning overseas) if it wishes in individual cases upon making an official finding of a return short of tour for cause. Question: Is the regulatory authorization of travel and transportation upon separation, retirement or resignation overseas to "place of residence at time of appointment" based upon an obligatory legal requirement or could the Agency provide for return travel to some other point, such as "desig- nated place of residence in U.S." in the Foreign Service or "place of actual residence at time of assignment or transfer" in the Department of the Army and Navy? Answer: The applicable statutory authorities distinguish between the payment of travel expenses for an employee and his dependents versus the payment of transportation costs for household and related effects. The Agency can legally pay travel expenses of the employee and family upon retirement or resignation abroad to any designated place including outside CONUS. [The Department of State has construed its statutory authority, 6 035-7 Approved For Jtu W RVE clA +.t 14 MMY Approved FA IRAT , C1 8P 3 * 1 240035-7 comparable to our own, in this manner with GAO and Congressional approval] The Agency's legal authority to pay the cost of transporting effects is more limited. If the employee retires abroad, the Agency could legally pay such costs to any designated point inside or outside CONUS. If the employee resigns abroad, the Agency may pay such costs only to "place of residence at time of appointment." Although the place of an employee's appointment is in Washington, D. C., the "place of residence at the time of appointment" may well be the place from which the individual came just prior to appoint- ment. The legal meaning of the phrase "place of residence at time of appoint- ment" will be decided later. It should be noted that the Agency authorities enumerated in this paragraph are based upon the statutory provision that the Agency "shall" pay travel and transportation expenses pursuant to such regulations as the Director may prescribe. Thus, the Director could circum- scribe the applicability of the statute by explicit provisions which would limit the conferment of travel rights, e.g., by defining place of residence as the United States only -7 $;~ 3 0 0035-7 Approved F fllfl9Q3 :,C P3 r,^:. . P1 L, ; Approved For Release 2001/09/0P81-00314R000600240035-7 ORIGIN CF RECD PROPOSALS Camaittee on Administrative Authorities Casaittee Proposal Pay travel and transportation costs of CIAR retirees, regardless of duty station to place in U. 8., territories or possessions. Provide hoe leave normal1.y after 24 months but between 18-36 months, whether initial or sub- seluent tour. Provide up to 12 cents per ails for use of POY on official business in Washington area. Permit approval by Operating Official of per diem for family at DY stops up to 30 days while en route to or from PCS overseas. Limit travel and transportation costs of employee retiring abroad to place designated by employee in U. S., territories or possessions. Llmiit hoe leave for personnel assigned in U. S. after overseas tour to 15 workdays. Pay allowable travel and transportation costs of employee resigning abroad to permanent place of residence in U. S. (Define permmnent place of residence in regulations. ) Establish procedure for prescribing overseas tours other than 24 months when necessary. 9. Clarify home leave points. 10. Eliainate duplicative eligibility criteria for Mae leave travel and hose leave time. U. Establish criteria and procedures for determining eligibility for how leave and Game Service Transfer Allowance. -Offices Recce In Min or Similar Proposal OF x 1 x x I x Approved For Release 2001/09/OAkp--DP81-00314R000600240035-7 Approve d$ Release 2001/09/ { 'f DP81-0 R000600240035- -. ~ ~UIIL1 _ , t ittee on Ast iistrativee AutbMittes DOI ceonferre& authority an AWwwUw* etor-Comptrollim te- utiliZ ASwW 'a statutory authoritrr ~ aft! n istrative qtr of offer a all ce oyees Of 3 fttnWmd to be ns - st an ASeW (fir and x+et 4=1zidid 9 Se w r,, au 11454t of dac sum tit the travel expenses.* lawwwco md other 'rite bONWItA prov to = epl ayees are ais frv- able as Okose proVids* in GZU*lft l or in a h+ -after W WW for other GVwW=wnt MVIqMW in AftUW cietw:ees. b. XwwUVe requested to reviev apPrOW'iste cbangcs, %b" Ambmild- be adopted or atratj've POli*7 Asa e.g., d. In COUSOnwee with &Aidell=* the , the Co littee requested ftlroctws of Sup 't 843Y1ts to aoee SAW a mi ?t live authorities O.nd COC, to eat review. e. 1 appointed a Ca nittee, asi at rgre> tives of 0?, 0L, t' in other amiss be sffo*e4, either ority of AgewW lxs_ - ee or aaes othar lar. *6 fte ttee bas VreMvA * Papwt at Its findings and reemnndations ti each of these proposals a *Ww squawbiww'O arisin from its review of pertinent external loan aiad a_3 11 s. A nwdw of official. in the 5106 8erv'ic es vw* invited to eir vies of ll1y to the Cu *ittoe various toffs at conma to lbw or on 'Web they are particv1cr IMOV ed tulle. 2. b. Po it$ ve ~z er tions Approved For Release 2001/09 R Excluded tram automatic "I'll P814~1++0 14i O J0600240035-7 Oectassuicatleu Approved For Release 20011Q9,(~IA-RDP81- 14R000600240035-7 Approved For Release 2001/09/03 : CIA-RDP81-00314 ApprovedPelease 2001/09/03 - =-RDP81-0 R000600240035-7 SEG SU M M & R T OF D RBC ATIONS Committee on Adsiastrative Authorities Change Present Employee Benefits Clarify or Improve Administration of Rho s Benefits benefit to CUR 1. paw travel of r+es es abroad to retirees . e of residence a. Auti?ize travel and trans- U. portation expenses regardless of a.Auorize travel and trarnspor- duty station (U. S. or abroad). tation expenses to employee's b. Authorize travel to a place officially recorded permanent in U. S., territories or posses- place of residence" in U. S., its sions designated by employee at territories or possessions, or time of retirement. other approved place in U. 8. provided reimbursable costs do not 2. Grant home leave between 18-36 exceed constructive costs of travel r6n to permanent place of residence. a. Pam sate regulatory require- b. Define permanent place of meat of 24 months service for residence in regulations to nor- home leave an initial tours. mally mean actual residence of b. Establish as Agency policy record prior t': transfer overseas. that home leave will normally permit employee to select other be after 24 months unless official place as permanent place of resi- action is taken to stipulate some dence for approval if actual other period between 18-36 months residence was temporary or he has at a specified post. taken concrete action to establish c i,. Restrict any periA uunde~r 18 months to a~ s uaatir eh d ' p a new place of residence. Define a of evidence au i such ccr r IL a ize" actually j0o EGIB security if cover hors ieive not taken. 2. Esta a overseas ours d. Requests for horns leave other than 24 quired m when re . "` ' than 24 months could apply to a y74 months as sacs aa. e post or to a specific individual policy unless other period is or group of employees at a post. officially specified for a post e. Requests could also include for all employees or a group of an individual's return short of employees. his originally prescribed tours b. include procedures in resgu3a- waith home leave. tion for designating tours other f. Requests should be originated than 24 months based upon insti- by Operating Official and approved gation of request by Operating b D Pers. Official and a by D/Pers. GIB Approved For Release 2001/09/$ DPS'TU& 4R000600240035-7 Approved Folease 2001 /09SIRDP81-00#000600240035-7 Change Preset Dployee Benefits Clarify or lqpran Adytinistration of Employee Benefits 2. g. Requests for home leave ve points. e home le 3. for a period other than 24 a - a. ov ce place or places months could be for any official of return travel for home leave reason--cover, operational,, would Include permanent place of administrative, compassionate, residence; Hqs; and residences of health, hazard, children, parents, parents- in-laws, brothers and sisters, and 3. Provide 12 cents mile We rate brothers-and sisters-in-laws. WhshEiFoh area. Permit employee to request in Change regulations in order to writing other points for approval., authorize rates not to exceed such as future permanent place of 12 cents per mile with corre- residence. sponding increases in flat b. Consider desirability of rates for certain Metfopolitan areas . /; ! / o , G cY e~,~ ) specifying and approving home ' leave points in Overseas Agree- sent, signed by employees before 4. Authorize family per diem TDY transfer overseas. stops a route to PC c. Restrict redesignations to 30 days t b rating- cial changes that fall within criteria Pe y Director concern to delegate authority, if he ILL GIB wishes, to Operating Official, 4. Chief of Station or Base to approve family per diem for TDY stops en route to or from over. 25 1A seas PCS point up to 30 days, as basis for for any justifiable reason (cover, home leave time and home leave health, administrative errational, travels 'when it is contemplated etc.) that the employee will return to I L EG I B service outside the U. S. idi- 5 . Limit travel o retirees abroad ately after home leave or upon to U. S. completion of an assignment in paytravel and transportation the U. S." Delete present stand.. expenses to a place in the U. S., and for home leave travel: "when territories or possessions ILL there is a reasonable expectation GIB designated employee at time ~Y that the emp1 oyee will return to an assignment outside the U. 8," 6. Confine home- leave to 15 days ILLEGIB 5. Establish criteria and procedures TS; personne assigned in or MeTermining eligibility for U. S. Change regulation in order to limit home leave of an employee returning from overseas for a U. S. assign.. Approved For Release 2001/0'] - Approved Felease 2001/0t-r-f-RDP81-00000600240035-7 Change Present Employee Benefits meat to 15 workdaiys. Permit ics~s when additional rest needed due to difficult oversees service; O"Mal delta experienced in granting how leave because employee's retentions overseas was required; or serious personal or family problems necessitate more than 15 days. Approved For Release 2001/0 OfiWify or Improve of Employee Benefits a. time of FRQ or an soon as possible, a certification f ackacvleedgiag: (1) be must cc wplete his pre-. scribed orerseas tour. (2) he is willing to return over seas after completion of an assign- meat i& U. S. (3) 8qm. amt certify that his return overseas after his U. S. assignment is contea fated. (4) be will be liable for refund if he quits within six months of return to U. S. b. Employee mtsat also acknow- 1* 090 on form that above certi. fications are required for receipt of HISTA. c. weer Service should certify on form; that emplcgrse's return overseas after U. S. assignment is contemplated. When making such determinations Career Service should not approve home leave or MM if the eesployee probably will not be returned because of one or more of the following: (1) his qualifications, work per.. fvxmanee, or intended utilization; {2) state of health; ((3 return to U. S. was for cause or circumstances making his return improbable; (4) he will be age 59 by time of return to U. S. and there are no positive plate for another over. seas assignment; (5) future staffing needs of ~r Service. d. Certification form should be returned to field for processing as employee's home leave, when eligible, and copy held in Hqs. for processing HSTA claim, if any. GHff RDP81-00314R000600240035-7 Approved elease 2001/0;git:-RDP81-0 000600240035-7 Std CW NO" FOR PROS Pey travel benefit to CZAR retirees a. Responds to guidance of Executive Director-Ca troller to make sure benefits of Agency employees are as favorable as pr'ovided in other laws for employees in similar circumstances. b. Foreign Service retirees have proposed benefit. c. CZAR retire** are those most nearly in "aim lar circumst ." d. Application of benefit should be a tangible aid in administration of CZAR system. Grant home leave be? en 1$- 6 months. handling individual returns short of originally prescribed tour, when necessary. f. Should obviate such of the present misunderstanding and problems encountered in adminis- tration of home leave, e. Should curtail problem in other than 2 months service period upon hoe leave requester involving c. Would establish a generally understood procedure for acting reasons; thus providing flexibility from 24 months requiram ant for home leave on initial tour of duty$ b. Would permit home leave to be taken when officially necessary, for various official a. Would avoid problems arising b. Would eliminate preferential treatment of those resigning abroad, versus resignees in U. S. a. Would avoid erm:~nt of personnel to process away from His., by eliminating preferred travel benefit to resignees abroad. 4. Would lessen present con- fusion as to where an overseas rasignee may have his $8$ shipped, under section 4 FL 110 (problem recently surfaced again by Audit start). 24 months when required. a. Would provide common under- standing that Agency policy on Overseas tours (initial and sub- sequent) will be 24 months at a post unless otherwise stipulated, as a basis for determining return travel rights, advance return of dependents, etc. (Currently, no clear-cut statement on what policy is, e.g., 24 months are necessary for home leave on initial tours, but no set period is required for home leave on subsequent tour; travel expenses to and from over- seas are payable if employee agrees to 1-3 years as prescribed in advance, etc. Approved For Release 2001/09/$ ETDP81-00314R000600240035-7 Approved0Release 2001/09S G ATRDP81-O 8000600240035-7 a. 12 cents permitted by b. 32 cents a mile is authorised by Agency outside Washington ar+aa, where costs may be less per mile, e . g. , sustained highway travel. c. Costs have gone up since 1961 when Agency decided upon the standard of 10 cents per mile. a. Would facilitate action Vith out administrative burden of referral to Deputy Director level. b. Decisions properly could be made by same approving level making other travel decisions. c. Have precedent for proposal in AID regulations. Limit travel of retirees abroad to U. S. a. Would limit current prefer tial right of those retiring abroad (travel to place where they will reside). b. Would conform travel rights of retirees abroad to proposed benefit for CZAR retirees, i.e., travel to a place in U. S. c. Would actually affect few people (e.g., one CIAR retiree in CY 1967 out of 68). d. In future cases, payment of travel only to U. S. could avoid potential security problems or greater cost in providing travel an-where in world. elarify or Improve Administration of nployee Benefits 2. b. Would provide a uniform procedure to be followed in establishing a tour policy other than 24 months, based upon official need. a. Would provide clearly under- stood criteria and procedure for designating hoeme leave points. b. Would restrict redesignations to appropriate changes in original -tions, e.g., charge of address of parents. o. Would curtail paper work and improve understanding of allowable home leave points. Zlimi.nato du dative standards for 1i * e leeve travel and bWO leave Lime. Would avoid possible confusion arising from application of the regulatory standards of eligibility for home leave travel and he a. Stand iced. Begs. (Gov't. Civilians,, For. Areas) requires joint Agency-eeagaloyee certifica- overseas in order to receive HSTA. tion that employee will return b. directed definition and application of limitations as basis for granting S M. C. Since home leave legally con- tingent upon employee's return overseas., criteria for asking such Approved For Release 2001/09/0SEG DP81-00314R000600240035-7 a. Would conform Agency policy to requirement ci' State D*W b. Was previously recce by Personnel Advisory Board. d. The considerations leading to establishment of Volley in State are applicable to Age= e.g., economy, eaployee utiliza- tion, and lesser need for extended hc*ne leave if eeiployee is stays in U. so e. determinations applicable to both bcoe, leave and. EM. d. Need uniform procedure for tauekiag such determinations. e. Career Services best qualified to make determinations, of Agency's intent to return an employee averteaaa (not personnel is station processing PC$ Travel Ordetrs) . f. To meet legal requirement for determining eligibility of employee for haze leave or 1TTA, need criteria for determining when employee's impending retiresesnt, health, suitability, etc. would preclude his return oversees or would cause the Carew Service not to coutem- platC a his return overseas. Approved For Release 2001 /09/0SEM J P81-00314R000600240035-7 Olr Approved #elease 2001/09/09-QE DP81-00 000600240035-7 Confine home leave to 1 s far prarsonnal a #i 4 in U. S. Approved Fcoease 2001/09/03 : CIA-RDP81-00310600240035-7 Rf c p. o z MIME Ufa em f 2 yews. ft=A a retiree wadae' CIM a CCL alhe inuleft" in saee tine frame that euomne is WMated C3C rir. credit UWIW CSR period of fe a1, servim r not cam; retire t but 1atw ez%4It4bU ,Lo and permit it to be credited evm if no t am* (as in ease of Cac). Notablis; Twporary ,tidgirrg Allomoe far an a is l in the U. S. Prior to his schaftled 4e more for an Overseas . C01,11 1rI'T5x tt se're Ob t '* Pei. a tto ecu- rowing aat ~p on b to a fe eut?e tie . Ma - ov* ao a is i~- YWVUN$d to deta&Wm if 9021411% SWV-U* u c3AR. 3 t is La 3sOMIt wet= not in ititt+d~t~e sr,, per Maio to tip i faxrr3ng aut i an ma to adayt Other SGRIMIStmave iti*e. Approved For Release 2001/09/03 : CIA-RDP81-00314R000600240035-7 ? Approved F*lease 2001/09/O Rf P81-003 i Office of Logistics (con't) Authorize the pent of an annual uniform allowance to Agency crafts. men and related employees. Adopt authority in PL 90-236 90th Congress authorizing nontemporary storage of HIS of members of uniformed services in missing status. Office of Ccm?unimuons Authorize shipment of for two or more points in U. S. Mipsrent of HUE and POV upon resignation from overseas to place in U. S. where employee will reside. Office of A_ ix Review per diem rates in rsaote areas, e.g., Al. - Noz*nilitsry ikitorms, r has been limited to ehau tears, the Director of Logistics could approve other uniforms without additional Authority or regulatory change. New legislation, not applicable to civilian ambers of DUD, is outside the scope of Committee's charter. Cc aittee investigations disclosed that the Agency permits this under the awe rules ss State, i.e., reimbursable cost limited to constructed cost of shipment between the travel points specified in the Travel Order. Of an overseas resignee be paid to his permanent place of residence, (as defined in our proposal). that travel and transportation expenses s The Ci mrittee does not believe such shipments should be limited, to Hqs. or place of residence at time of appointment, as the regulations now provide. We are r nend,ing, however. I aat9 m rates are proscribed by loD or Secretary of State. Agency could not by adoptive action prescribe higher rates and should rely on remedy nov ava-~ilabls-?the actual subsistence expense method. Approved For Release 2001/09/OSE P81-00314R000600240035-7 Approved elease 2001/0M Proposals Office of Secu i (con't) the possibility of authorizing actual w4woses in those cases when employee required to be in Tit' status for a consider- able period (domestic or foreign). Review policy on economy travel relative to long trips resulting in loss of work efficiency due to excessive fatigue. Consider payment of a differential for irregular overtime to certain classes of personnel such an FBI0 Secret Service and Treasury. Consider the identification of cer- tain positions as being within the category of hazardous duty and therefore entitled to receive additional remuneration. Office of Personnel Grant civilian allowances to military details. Establish am R%ployee Services Center (patterned along lines of one in Dept. of State). Approved For Release 2001/0 Reasons ua ions permit use of actual saw sistence method. If madam allocable mfiw this method inadequate, we believe enxe should be considered through ct anar d channels. u3a'# ons allow approval of first- elue air travel when necessary for sanitation, health, comfort, well- being, at. al. Although there is no. regulation on subject, this can be done. Committee informally discussed with OP and suggested to OS it present its pwticular problem to OP for review. Since Agency regulation now being prepared on subject, in response to recently revised CSC rules and regulations, the Cmamittee took no action. We apprised. 06 of the situation. Offices of concern already have authorit delegated to them to establish Center if desired. No new regulatory change or policy approval appears necessary* RF4-RDP81-00314R000600240035-7 Approved F#lease 2001 /09/SMIDP81-00300600240035-7 Proposals Office of Personnel (con't) Provide assistance to *nploysee in filing claims against ciai companies for di ge to or loss of (limit a r to State ate, DOD). Establish quality Control and inspection activity regarding cozamercial shipments end storage of goods (similar to State and DOD). Increase Agency's invention sward to same level provided by Army, Navy and Air Force-450 dis. closure fees a $100 award for Single patent and $100 for each additional patent granted on same invention. Approved For Release 2001/09/1!3 Di Mion can be aceomplished by a X1l ISnceat to xulations. Understand this will be considered by 0P and the Agency's Patent Board. No Committee action was dewed necessary. -RDP81-00314R000600240035-7