WAIVER OF PROVISION OF (Sanitized) TRAVEL ON AMERICAN AIRLINES FOR EMPLOYEES (Sanitized) PRIOR TO JUNE 1975

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000100030012-4
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 7
• Document Creation Date: December 9, 2016
• Document Release Date: September 18, 2000
• Sequence Number: 12
• Publication Date: April 28, 1976
• Content Type: MF

OG-c. -71- 2 274'
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y -74
OGC HAS REVIEWED.
MEMORANDUM' FOR: Deputy Director for Administration
FROM Thomas B. Yale
Director of Finance
SUBJECT Waiver of Provision of
American Airlines for Employees
Prior to June 1975
25X1A
25X1A
25X1A REFERENCE Memo for DD/A from D/OEL dtd 26 Mar 76, subj:
Exception to
1. Action Requested: Your approval, under provision of
25X1A of the referent request for exception to 25X1A=
25X1A 2. Basic Data: The exception requested relates to an un-
determined number of employees who utilized
foreign air carriers, for reasons of personal economy and con-
25X1A r y
venience, for travel to Rest and Rehabilitation locations other
than the officially designated R and R point, prior to 3 _
June 1975. Through misinterpretation of Headquarters advice
that foreign airlines could be used for R and R travel to ]IIIIIIIIIIIIIIIIIIIIIII~25X1A
as no American airline served the direct, usually traveled route,
25X1A allowed the use of foreign airlines to alternate
R and R destinations over routes that were served in whole or in
part by American carriers. Travelers were reimbursed for such
25X1A travel in an amount not exceeding the cost of the round trip air
fare between Agency auditors, noting that
this use of foreign air was contrary to recommended 25X1A
that the Station initiate action to collect erroneous reimburse-
ments resulting from this cause or seek blanket waiver of the
provisions of for such travel performed prior to June 25X1A
1975. A Station directive issued in June 1975 has subsequently
corrected this misuse of foreign airlines. Determination of
the number of travelers and exact amounts reimbursed in error
would require extensive research of Station vouchers at Head-
quarters and has been deferred pending the outcome of the request
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 25X1A_
25X1A
25X1A
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SUBJECT: Waiver of Provision o r
American Airlines for Employees
Prior to June 1975
3. Staff Position:
(a) The Office of Finance has examined the propriety
of waiver of the provisions of under the above
circumstances in terms of the authority delegated to the
Deputy Director for Administration in HR which
permits his authorization or approval of any emergency,
unusual or additional payment when necessary or expedient,
if allowable under existing authority whether or not spe-
cifically provided for by Agency travel regulations. The
Office of Finance has consistently interpreted the phrase
existing authority to mean existing statutory authority;
there ore, consideration of the applicability of HR
was in this context.
(b) Agency regulations proscribing the use of foreign
air carriers except under specified circumstances were
first published in October 1963 pursuant to a Concurrent
Resolution of both Houses of Congress dated 1 October 1962
This Resolution stated the sense of the Senate and the
House that when travel on official business is to be per-
formed on civil aircraft by legislative and government.
officers and employees that said travel will be performed
by them on United States flag air carriers. In response
to a request from the Chairman of the Travel Policy Com-
mittee regarding the legal basis for the requirement for
use of American airlines and whether the Agency was bound
by Government regulation requiring use of U.S. registered
aircraft, the Office of General Counsel, in OGC 70-1773
dated 20 October 1970, provided an opinion as follows:
A Concurrent Resolution is not normally
legislative in character, but it is used
to express a fact, principle or opinion
of both Houses of Congress affecting
their operations. This resolution (re-
garding the use of U.S. airlines) also
affects Government employees generally
and may be considered the strongest of
policy directions short of specific leg-
islation on the subject.
This opinion was the basis for continuing the Agency reg-
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SUBJECT: Waiver of Provision o rave on
American Airlines for Employees
Prior to June 1975
ulation on the use of U.S. airlines until passage of the
International Air Transportation Fair Competitive Prac-
tices Act of 1974 (P.L. 93-623). Section 5 of this Act
requires, in the absence of satisfactory proof of neces-
sity, the disallowance of expenditures from appropriated
funds for Government financed commercial foreign air
transportation performed by an air carrier not holding
a certificate under section 401 of the Federal Aviation
Act of 1953. With the issuance of guidelines for imple-
mentation of this Act by the Comptroller General on
17 June 1975, the requirement that American air carriers
be used when available became statutory in affect.
(c) In view of the foregoing, it is the belief of
the Office of Finance that there was no statutory prohi-
bition of the use of foreign airlines for o icial travel
prior to 17 June 1975, and therefore the authority of the
Deputy Director for Administration under provision of
25X1A to waive such use in the circumstances de-
scribed in paragraph 2, above, is not impaired.
4. Recommendation: It is recommended that the provision
25X1A of which requires the use of American airlines for of- 25X1A
ficial travel of Agency employees abroad when available be
retroactively waived in the case of employees
who used foreign airlines for R and R travel prior to 17 June
1975.
homas B'." dle
No Legal Objection:
General Counsel Date
The Recommendation in Paragraph 4 is:
Deputy Director for Administration Date
DISAPPROVED:
ministration Date
Deputy Director for Administration'
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building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1. General Counsel
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2.
3.Deputy Director for
Administration
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FORM 610 USE PREVIOUS SECRET INTERNAL
3-62 EDITIONS ^ E] CONFIDENTIAL ^ USE ONLY UNCLASSIFIED
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ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
DDA 76-4564
Remarks :
Tom Yale asks that you approve waiver
of need to try to find vouchers of
employees who used foreign airlines and
thus need to reimburse the Government for
doing so.
Reasons: (a) claims would no way
equal the cost of conducting the search!
(b) probably can't find the
documentation to prove the claims.
OGC agrees!
RiZ
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
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FORM NO. 237 Use previous editions (40)
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ACTION
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CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
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FOLD HERE TO URN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO. DAT
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UNCLASSIFIED
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FORM NO. 237 Use previous editions
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