CASH AWARDS TO AGENCY PERSONNEL AS INCENTIVE FOR ACQUIRING AND MAINTAINING A SKILL NECESSARY TO CARRY OUT THE PECULIAR FUNCTIONS OF AN INTELLIGENCE ORGANIZATION MAY BE PAID UNDER THE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100160012-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 14, 2016
• Document Release Date: March 28, 2003
• Sequence Number: 12
• Publication Date: April 12, 1956
• Content Type: REPORT

Approved For Release 2003,/~~;:rC~l~~P90-006108000100160012-7
~~. ~
DECISIOi~T OF THE COMPTROLLER GENERI~L OF THE liNITED STATES
B-~7o~9 (UPZPUBLIS:iED) April 12, 1916
Cash a~rards to Agency ~ersonnei as incentive for acquiring
ana maintaining a shill necessary to carry out the peculiar
functions of an intelligence organization may be paid under
the authority of Section lOb of the CIA Act of-1949.
C0i?ik'T1~0LLER GEi~AL CAP?9.'BELL TO TFIE DIRECTOR OF CEPITRAL INTELLIGENCE
l7eference is macic to your letter of N'ebru~lry 18, 1~5G, concerning!.
tine pc,ymerit of cash at~rards to Agency personnel s,s s,n incentive fox' acU~lir-
ing and maintaining competence in a foreign 7.anguage.
Yau state that, in order effectively to accomplish its functions,
your Agency requires an increasingly greater number of personnel rho are
proficient in one or more foreign languages and that future requir?emen-~.,s
may suddenly generate a demand far in excess of the Agency`s capac,ilit~es.
You further state that such qualified individuals cannot be recruited fro~~
sources outside the Agency because the source either is not adequate or
there is insufficient ';ime to make the source available-and. still observe
proper security restric;;,ions. To overcoue the problem. and meet tie future
needs of your Agency you propo4e to estaUlish a language resource. pi~o`~:r::~.z.
Iu order to ;provide the neces~~zry incentive among Agency personnel u~k~ier
~chis program it is proposed to make certain. payments to them for r~.cqu~irin
competence in a language and. additional periodic payments far maintaining
such competence at fixed levels of proficiency. Under the progrt3rt the
relative difficulties of various languages will be evaluated and .standard..,
of competence in their use will be established.
On the foregoing you request our opinion as to whether such paym~nt,~
may properly be paid (1) under the authority of the Government Employcycs`
Incentive Awards Act, approved September 1, 1954, 6$ Stat. 1112, `~ U..~ C.
Sup. II, 21.21; or (2) the Central Intelligence Agency Act of 1949: G3 :}ta~_:.
208, 50 U.S.C. lEO3a.
Section 304(a) of the Government Employees` Incentive Awards Act,
quoted in your letter, provides:
"The head of each department is authorized to pay
cast? awards ~to, and to incur necessary expenses for the
honorary recognition of, civilian officers and employees
of the Government who by their suGgestions, inventions,
.superior accomplishments, or other personal efforts con-
. tribute to the efficiency, economy, or .other improvement
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 UNCLASSIFIED
Approved For Release 2003/04/23: CIA-RDP90-006108000100160012-7
Page 2 -Decision of the Comptroller General. No . 8-12'~d ~?
of Government operations or who perform special acts or
services in the public interest in connection with ar
related to their official employment."
i1'rora tine lac~ts ~~resented in your letter it does .not appear ~tiiat
the ~+a,sis o:E' youz:? _y~?oposal to nay cash atrards to personnel trLo learn
ar~d maintain a degree o.C proficiency in a foreign language--presum-
ably on their own time and at their own expense--bears any relation-
ship to -the criteria set forth in the quoted statute as implemented
by regulations issued by the Civil Service Cougnission. Such criteria.
condition the granting of monetary rcu~?xds to personnel for suggestions,
inventions, or personal efforts wi:ich contr_oute to improvements or
economies in Government operations. It ~ee,a:~ to us that payment of
cash awards to your personnel under the proposed language resources
pragrarn is, in pracb.i.c ~l. effect, nothing more than. the holdir~ out of
a cash bonus or preia~.ura to an employee as an inducement to improve
himself in order to help the Agency. Accordingly, we do not feel
warranted in regarding the Government Employee's 2ncentive Awards Act
as authorizing the payment of cash awards to personnel of your Agency
for participating in the proposed language resources program.
With reference to the propriety of paying the subject cas12 awards
:under the authority of the Central Intelligence Agency Act of 1.949,
your letter quotes section 10(a) thereof, in pertinent part, as follows:
"Notwithstanding any other provisions of law, yams
made available to the Agency by appropriation or a~ti~ertri.,~c
may be expended for purposes necessary to carry out its
functions, including ~ ~ *."
In addition there are observed the provisions of section 10(b) that--
"The sums made available to the Agency may be
expended without regard to the provisions of l:i;r and regu-
lations relating to the expenditure of Government ft:r..ds ~~ %~ -"? ~. "
In view of the broad discretion vested by these statutory provisions
in your Agency to determine its expenditures without regard to the pro-
visions of any other law ar regulation governing the expenditure. of
public funds, 4nd since you express the belief that the proposed
language resources program is neceys:zry to carry out the Aency's funs--
tions, we agree with your view th;:~i;, the a~?o?,?~.?sions of the Central
Intelligence Agency Act of 1y49 constitute sufficient authority 'to me.ke
cash payments to Agency. personnel participatirg in -Ll~e 7roposed proUr^.~t.
Your questions are ans-:ered accordingly.
UNCLASSIFIED
Approved For Release 2003/04/23: CIA-RDP90-006108000100160012-7