DEAR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04718A000800130043-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: April 12, 2000
• Sequence Number: 43
• Publication Date: October 29, 1953
• Content Type: LETTER

Approved For Releas
4.4
L 1P78-04718A000800130043-4
29 October 1953
25X1A6c 1. I have looked into the two administrative problems covered by
yourl dated 18 September, and find that our situation is as
indicated below.
2. a. Loans to KLBARK personnel from official government funds,
particularly to staff employees and staff agents, for personal
reasons are prohibited. I believe that the reasons for this are
obvious.
to an agent would be warranted from a standpoint of establishing
essential strengthening of our control, the provisions of para.
be Loans to agents, other than staff agents, are not impossible
when fundamentally operational purposes are involved. If it should
be determined, after careful consideration and review, that a loan
which is quoted below, can be considered suf-
fidiently flexible to provide this authority:
"Special one-time payments such as incentive payments,
rewards or bonuses which may not be anticipated at'.the
time the contract or memorandum of intent is written, may
be approved by the Chief of Station provided Headquarters
allotment of funds is sufficient to cover the expense."
c. This authority should, of course, be used sparingly and
with good judgment in each case.
3. ao vie are quite sympathetic to the widest possible latitude in
connection with establishing eligibility of our personnel for home
leave purposes, and I wish to assure you that our present regula-
tion on this subject has not been arrived at on any arbitrary basis.
The literal statement in the statute governing home leave requires
"two years' continuous service abroad...". Inasmuch as reimbursement
from Government funds is involved in carrying out the provisions of
this statute, the Comptroller General has the power to rule on any
interpretation of the intent and meaning of "continuous service".
For this reason it has been necessary for us to obtain a ruling from
the Comptroller General prior to each instance of relaxation of an
exact, literal interpretation of the law. Our experience in dealing
with the Comptroller General on problems of this nature has lead us
For normal personal loans we have the KUBARK Credit Union which is
available for the requirements of our staff personnel.
Approved For Release -RDP78-04718A000800130043-4
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M !T NORM -TION
to a conclusion in connection with the home leave problem that
a request for a favorable ruling on a further relaxation of
the break in service principle to cover leave taken in the
U. S. for purely personal reasons at personal expense, could
result in an unfavorable ruling, and possibly even a review
of the favorable rulings previously obtained. For this reason
we, have been reluctant to reopen this problem with the Comp-
troller General.
b. ODACID also informs us that they have not requested an
opinion from the comptroller General to cover such cases,, and
that they are as reluctant as we to request such a ruling.
c. Our General Counsel is again studying this problem with
a view to advising the 'director as to whether--
(1) He can determine any further basis not heretofore
considered which might warrant a more favorable ruling and
change of regulation within KUBARK without a further opinion
from the Comptroller General, or
(2) VIhether, in his opinion, any further relaxation
must be based on an official ruling obtained from the Comp-
troller General.
d. We expect a legal opinion on this matter in the immediate
future, and if this opinion involves a request to the Comptroller
General, the Director will, of course, have to make a decision as
to whether he desires this question to be presented for an offi-
cial ruling. I will inform you of further developments as they
take place.
4. I trust that the above information will be of assistance to you.
Sincerely,
DD/P-ADT-TIN:LTS:efb (28 Oct 53)
Dist:
Orig. 1 - Addressee
/s/
25X1A9a
- Gen. Counsel (Attn.
- DD/P
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~FW
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