OGC SUGGESTED ADDITIONS TO(SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R000100030013-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 13
• Publication Date: November 3, 1982
• Content Type: MEMO

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Approved For Release 2007/07/06 : CIA-RDP85BOO552R000100030013-9
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ROUTING AND TRANSMITTAL SUP
TO, (Name, office svmtal, room number,
building, Agency/Post)
Initials
Date
2.
!
19
3.
/~-
4.
Di3
a
ion
File
Note and Return
proval
For Clearance
Per Conversation
As Requested
For Correction
Prepare Reply
irculate
For Your Information
See Me
mment
Investigate
Signature
Coordination
Justify
A
CO NOT use this form as a RECORD of approvals, concurrences, disposals,
clearances, and similar actions
OPTIONAL FORM 41 (Rev. 7-76)
Pmscrib.d by GSA
FPMR (41 CFR) 101-11206
 Approved For Release 2007/07/06 : CIA-RDP85BOO552R000100030013-9 (i
DD/A :icg1str
Central Intelligence Agency
Weshinpfon, D.C. 20505
SUBJECT: nrr ~11VVd Additions to
- Of the three suggested additions, I
told = I would compromise and accept
the one he numbered "e. Expense
Reimbursements, (1) . . . accept . . .
reimbursement . . . for actual expenses
. . . by . . . a tax-exempt organization
- I also said I wanted to add a sentence,
or otherwise ensure, that honorarium
receipt is prohibited.
- I said that I could not buy his
paras (2) or (3).
 Approved For Release 2007/07/06 : CIA-RDP85BOO552ROO0100030013-9 k
CENTRAL INTELLIGENCE AGENCY ff
WASHINGTON, D.C. 20505 r ----~~yr
:ACC I
- -
General Counsel
RE: Reimbursement of Expenses of
Agency Employees
Attached is the proposed rule I
mentioned was on its way. If you have
any questions, please call me. In
essence it would leave 0 intact,
but would add a new subsection (e)'to
deal with the question of expense reim-
bursement. Such a provision is necessary
for the Agency's professionals who are
required to attend conferences and meetings
in order to retain their professional
qualifications and to help train others
to retain theirs. In either event, in my
view it is the Agency that ultimately
benefits. This is particularly true
for lawyers and accountants who are faced
with continuing professional education
requirements.
The rule proposal would permit our
people to obtain the reimbursement where
it is customary for others to do so.
The rule we propose is presently in
place at the SEC and has proven to be
 OCC 82-09425
19 October 1982
MEMORANDUM FOR: Stanley Sporkin
General Counsel
1. In response to your request, I have reviewed the law
governing receipt of reimbursements by Agency employees of travel
and subsistence expenses from private organizations. Based on
this review, I have attached a proposed new section which would
amend0 to authorize such reimbursements in certain cases
where employees are invited to speak before private
organizations.
2. Subparagraph (1) of the proposed new section would
authorize the receipt of reimbursements by Agency employees of
transportation, lodging, and food expenses from qualified tax-
exempt educational or professional groups of the type described
in 26 U.S.C. 501(c)(3). Receipt of reimbursements from such
groups is excepted from the criminal conflict of interest
provisions of 18 U.S.C. 209 when such reimbursements are incident
to attendance at meetings which the employee is attending while
on official duty status.
3. Subparagraph (2) would authorize the receipt of
reimbursements by Agency employees of such travel and subsistence
expenses from any private organization when no conflict of
interest exists and the employee is in an off-duty status- Off-
duty status is accomplished if annual or administrative leave is
taken by the employee while attending the meeting.
4. Subparagraph (3) would authorize the granting of
administrative leave by senior Agency officials when it is in the
interests of the Agency for the employee to speak to a particular
group regarding his field of expertise. The granting of admini-
tive in such cases is supported by Agency regulations,
which describe admin-
istrative leave as an excused absence tram duty without loss of
 pay or charge to leave. In fact, suvpas r -expressly provides that: "An employee may be excused to attend a
convention when attendance is determined to be in
conference provides
" Thus, it would appear that the
the interest of the Agency.
granting of administrative leave in such circumstances is already
contemplated.
eceipt of reim-
5. It is my understanding that the r other
bursements as outlined above is permitted in parts of the
federal government, therefore, the Agency would not be alone in
-14 -" I I
Attachment: As stated.
 Approved For Release 2007/07/06 : CIA-RDP85B00552R000100030013-9
e? Expense Reimbursements
(1) Notwithstanding any other provision of this regulation
speakers may, pursuant to 5 U.S.C. 4111, while on Official duty
status, accept bona fide reimbursement for actual expenses for
travel or necessary subsistence incident to attendance at
meetings from a erson determined by the Secretary of the
Treasury to be a tax-exempt organization of the type described in
26 U.S.C. 501(c)(3), provided, however, that no Government
payment or reimbursement is made for the expense so reimbursed,
and provided further that the speaker is not reimbursed, nor
payment made on his or her behalf, for those personal living
benefits, which are unreasonable or lavish.
(2) Consistent with the law governing conflicts of
interest, speakers appropriately on either administrative leave
or annual leave may accept bona fide reimbursement for actual
expenses personally incurred for travel or necessary subsistence
from persons in addition to organizations described in subpara-
graph (1) above, provided that the speaker is not reimbursed, payment made on his or her behalf, for those personal living
expenses, nor
gifts, entertainment or other personal benefits, which
are unreasonable or lavish.
(3) In instances in which an Agency employee has an
expertise in a particular area, and it is in the interests of the
Agency for such employee to participate in a particular program,
the appropriate Operating Official or Head of Independent Office
may approve administrative leave for such appearance for
themselves or their subordinates.