Document Number (FOIA) /ESDN (CREST):
CIA-RDP78-04718A001300300052-9
Body:
Approved For Release 2002/08/06 4718A0013J3ii0&4JJ
MEMORANDUM FOR: Mr. Houston
SUBJECT : Payment of Travel Expenses of Members of the
Family of Agency Employees
1. You have seen the attached file which contains a request
from the Chief of Admi ni stration, Office of the Deputy Director
(Plans), for the revision of Agency Regulations to broaden the
definition of "members of family" to permit PCS travel at Govern-
ment expense of grandparents and grandchildren who are, in fact,
dependents of employees. Other memoranda attached contain informal
opinions as to the desirability and legality of so doing.
2. As a matter of logic and as I interpret the probable
intent of Congress in passing legislation which permits the travel
of "members of the family" of officers and employees, I am most
sympathetic to any proposal which recognizes that as a matter of
employee relationships the Government must collaborate in the
maintenance of family households. Thus, the Government, as an
inducement to its employees to travel and serve at distant posts,
is well advised, if not forced, to pay the transportation costs of
the entire family and to pay larger quarters allowances and cost
of living allowances to employees with dependents at foreign posts.
This seems to justify an interpretation by CIA that members of a
family include any persons dependent upon and, in fact, part of
the households of CIA, employees. It seems to me, however, that if
we extend the relatively loose language in the Central Intelligence
Act of 1949, authorizing payment of the travel expenses of "members
of the family", to include dependents not stipulated in the...Foreign
Service Regulation (which implements identical legislative language),
we may find that we have:
a. Given an indefensible interpretation to legislative
language due to the fact that it may already have been de.
lineated by Opinions of the Comptroller General or by Congres-
sional Committee Hearings;
b. Created a new definition of "members of famni] 1 based
upon logical and equitable principles only to emphasize iden-
tical inequities in some of the other equivalent statutory
provisions over which we have no comparable authorities for
Approved For Release 2002/08/06 : CIA-RDP78-04718A001300300052-9
Approved For Release 2002/08/06 : y,f.:T8-04718A001300300052-9
alteration, for example, Goverxnnent regulations on
Separation Allowances, Cost of Living Allowances and
Quarters Allowances all involve definitions of depend-
ents which seem to be very precise and inflexible;
c. Created a new definition of "members of family",
lacking sufficient precision to be readily administrable,
Obviously, a definition based purely on the principle of
monetary dependency for support (the income tax basis)
could contain both equity and legal problems where members
of the immediate family are financially independent.
Alternatively, a definition based merely on residency in
a common household could, in some cases, go far beyond
the intent of Congress.
3. In view of these considerations, I an inclined to feel
that we should stick to the letter of the definition used in the
Foreign Service Regulations and handle any specific cases which
appear to be within the intent of the law, on the basis of indi-
vidual approvals.
4. Since the questions involved in making a determination as
to whether we can or should alter our Agency Regulations seem to be
largely a matter of legislative intent and General Accounting Office
interpretation thereof, Iwish you would investigate this thoroughly
and then submit a specific recommendation, If your recommendation is
that we should and can revise the Agency Regulations, please propose
a new basis for the revised Regulation which you believe would be
legally acceptable and capable of administration without creating
problems in related areas.
L. K. 'WHITE
Deputy Director
(Administration)
Approved For Release 2002/08/(I[ B P78-04718A001300300052-9